Eastern District of Louisiana

Acting U.S. Attorney Duane A. Evans announced the sentencing of DAVID SUMERA, age 31, of Roseland, Louisiana.  SUMERA previously pled guilty to possessing a firearm after having been convicted of a felony.

 

U.S. District Judge Sarah S. Vance sentenced SUMERA to 51 months in the Federal Bureau of Prisons, followed by three years of supervised release.

 

According to court documents, on July 5, 2016, an undercover joint Bureau of Alcohol, Tobacco, Firearms and Explosives and Hammond Police Department operation arrested SUMERA for selling a Smith & Wesson Model SD9VE, 9mm semi-automatic pistol to an undercover officer.  SUMERA was prohibited from possessing firearms because of previous convictions for simple robbery and possession of hydrocodone in the Twenty-Fourth Judicial District in Jefferson Parish and a possession of heroin conviction in Orleans Parish Criminal District Court.

 

Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hammond Police Department for investigating this matter.  Assistant United States Attorney Brittany Reed was in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced today that a federal grand jury in the Eastern District of Louisiana has indicted SAMUEL TAYLOR, age 23, of Harvey; JONATHAN BAHAM, age 24,  of New Orleans; and ARLANDER CELIUS, age 23, of Terrytown, for crimes associated with a string of armed robberies in Orleans and Jefferson parishes.

 

Specifically, TAYLOR was indicted for the offenses associated with the robbery of a Dollar General in Avondale, on July 9, 2017; the robbery of the Fidelity Bank in Algiers, on September, 7, 2017; conspiracy to rob the Whitney Bank on South Carrollton Avenue on September 27, 2017; conspiracy to use firearms in furtherance of a crime of violence, and two counts of brandishing a firearm in furtherance of crimes of violence.   If convicted, TAYLOR faces a maximum sentence of life in prison.

 

BAHAM was indicted for conspiracy to rob the Whitney Bank on South Carrollton Avenue on September 27, 2017, and conspiracy to use firearms in furtherance of a crime of violence.  BAHAM faces a maximum sentence of twenty years in prison for these alleged crimes. 

 

CELIUS was indicted for conspiracy to rob the Whitney Bank on South Carrollton Avenue on September 27, 2017; being a felon in possession of a firearm on that same date, and conspiracy to use firearms in furtherance of a crime of violence.  CELIUS and faces a maximum sentence of twenty years in prison for these alleged crimes.

 

Acting U.S. Attorney Evans stated that an Indictment is only an allegation, and that the defendants are presumed innocent. 

 

Acting U.S. Attorney Evans also praised the work of the Federal Bureau of Investigation’s Violent Crime Task Force, the New Orleans Police Department’s Second District, and the Jefferson Parish Sheriff’s Office in investigating this matter.  Assistant U.S. Attorney Myles Ranier is handling the prosecution.

Acting U.S. Attorney Duane A. Evans announced that VERNON SWEENEY, JR., age 52, of Tickfaw, Louisiana, was indicted today for possession of child pornography.

 

 On October 12, 2017, law enforcement officers with the Louisiana State Police and the U.S. Department of Homeland Security, Homeland Security Investigations, arrested SWEENEY during the execution of a state search warrant at his Tickfaw home after finding that SWEENEY was in possession of several items, including a laptop computer, thumb drives, and cellular phones that contained images depicting the sexual victimization of prepubescent children. 

 

Court records also revealed that SWEENEY was previously convicted in Tangipahoa Parish Criminal District Court for pornography involving juveniles on August 1, 2012. 

             

Acting 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.

 

Due to his prior conviction, if convicted, SWEENEY faces a mandatory minimum penalty of ten years imprisonment up to twenty years, followed by up to a life term of supervised release, and a $250,000 fine.

 

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

                       

Acting U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations and the Louisiana State Police in investigating this matter.  The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.

 

Acting U.S. Attorney Duane A. Evans announced yesterday’s sentencing of ANTONIO NEVEAUX, age 42, of New Orleans, following the August 2017 trial. 

 

U.S. District Judge Susie Morgan sentenced NEVEAUX to 138 months imprisonment, followed by 4 years of supervised release.

 

On August 8, 2017, a federal jury found NEVEAUX guilty of conspiracy to distribute 28 grams or more of cocaine base, conspiracy to obstruct justice, possession with intent to distribute 28 grams or more of cocaine base, and possession of a firearm in furtherance of a drug-trafficking crime.

 

Co-defendant ANTHONY B. WASHINGTON pleaded guilty to conspiracy to obstruct an official proceeding and sentencing is scheduled for December 19, 2017.  Co-defendant TERRANCE SMITH pleaded guilty to conspiracy to possess with intent to distribute crack cocaine and sentencing is scheduled for December 13, 2017.

 

Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosive and the Housing Authority of New Orleans Police Department in investigating this matter.  Assistant U.S. Attorneys Michael McMahon, David Sinkman and Jeff Sandman were in charge of the prosecution.

 

Acting U.S. Attorney Duane A. Evans announced that TIM NALL, age 62, of New Orleans, pled guilty today to a one-count Bill of Information charging him with receipt of images and videos depicting the sexual exploitation of children.

 

According to court documents, law enforcement officials executed a search warrant at NALL’s residence on July 25, 2017, during which time they seized numerous electronic items including one desktop computer and numerous loose storage media, such as CDs and DVDs which contained images and videos depicting the sexual victimization of children.  A forensic examination of the device revealed that NALL used the devices to search for, download, and save images and videos of children younger than two-years old engaging in sexually explicit conduct.  The forensic examination located approximately 2,080 images and 2 videos of prepubescent children engaging in sexually explicit on NALL’s digital devices.

 

NALL faces a mandatory minimum of five years imprisonment and a maximum term of imprisonment of 20 years, followed by up to a lifetime of supervised release, and a $250,000 fine per count.  He can also be required to register as a sex offender.  Sentencing before Judge Barbier has been scheduled for February 22, 2018.

 

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.

 

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

Acting United States Attorney Duane A. Evans announced today that JON C. BALLAY, age 58, of New Orleans, was charged in a three-count Indictment with production of images and videos depicting the sexual exploitation of a fourteen-year-old girl.

 

If convicted, BALLAY faces a mandatory minimum term of imprisonment of 15 years and a maximum term of 30 years per count, 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.

 

Acting 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.

 

Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter, and specifically the FBI New Orleans Violent Crimes Against Children Task Force, which includes members of the Jefferson Parish Sheriff’s Office, the Kenner Police Department, and the Louisiana State Police.  Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.   

Acting U.S. Attorney Duane A. Evans announced that VENACIO ORTIZ-LEON age 29, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with illegal reentry of a removed alien.

 

U.S. District Judge Carl J. Barbier sentenced ORTIZ-LEON to time served and a $100 special assessment.  ORTIZ-LEON will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.

        

According to court documents, on or about June 3, 2017, ORTIZ-LEON was found in the United States after having been officially deported and removed on or about January 27, 2011.

 

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

Acting U.S. Attorney Duane A. Evans announced that BRYAN SCOTT, age 23, a resident of New Orleans, was sentenced today after having previously been found guilty of participating in a drug conspiracy and a firearms conspiracy. U.S. District Judge Kurt D. Engelhardt sentenced SCOTT to serve 240 months or 20 years in prison, followed by 10 years of supervised release, and a $200 special assessment.

  

In June of 2017, BRYAN SCOTT, JAWAN FORTIA, DEDRICK KEELEN, LIONEL ALLEN, and DELWIN McLAREN were convicted following a 7-day trial.  According to evidence presented at trial, SCOTT was a member of the “Young Melph Mafia” gang, also referred to as “YMM.”  The YMM gang was initially formed in or about 2005 and continued to exist through 2014.  During the course of the federal investigation into the gang, agents learned that the defendants controlled an area of Central City New Orleans along Martin Luther King Boulevard near the former Melpomene Housing Development.  The gang, which started when the members were in their early teens, participated in a wide ranging conspiracy to distribute street level quantities of crack cocaine in Central City and participated in several acts of violence against rival gangs, such as the 110ers.  The members of the YMM were associates of the members of the Allen family, who were also indicted and convicted in federal court in 2014.  Three members of the 110ers gang were convicted on January 29, 2015, in Orleans Parish Criminal Court for the Briana Allen shooting.

 

The jury found SCOTT guilty of conspiracy to distribute and possess with intent to distribute more than 280 grams of crack cocaine and a quantity of marijuana along with conspiracy to possess firearms during and in relation to crimes of violence and drug trafficking crimes. SCOTT’s sentence was enhanced due to a prior felony drug conviction to a mandatory minimum sentence of 20 years.  

 

SCOTT was one of eleven defendants originally charged in August of 2014 in a superseding indictment involving gun and drug conspiracies. Five YMM defendants pled guilty to the conspiracy charges and were sentenced. JACOBI BOYD was sentenced to 480 months of incarceration; ALFRED COBBINS was sentenced to 252 months of incarceration; SHAWN GRACIN was sentenced to 270 months of incarceration; RUBEN GEIGER was sentenced to 220 months of incarceration; DARIUS WILLIAMS was sentenced to 156 months of incarceration; and DEONTRE HILLS was sentenced to 96 months of incarceration. In August of 2015, federal RICO and murder charges were added against the remaining defendants in a second superseding indictment. JEFFREY WILSON, a YMM associate, pled guilty to only drug charges and was sentenced to 180 months of incarceration.  DEDRICK KEELEN was sentenced to life plus 10 years after being convicted of multiple murder counts at trial, JAWAN FORTIA was also sentenced to life in prison, and DELWIN McLAREN was sentenced on November 15, 2017, to 16 years of incarceration for his participation in the same drug and gun conspiracies. LIONEL ALLEN, who is facing multiple life terms, is awaiting sentencing.

 

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

 

Acting U.S. Attorney Duane A. Evans announced that DELWIN McLAREN, age 25, a resident of New Orleans, was sentenced today after having previously been found guilty of participating in a drug conspiracy and a firearms conspiracy. U.S. District Judge Kurt D. Engelhardt sentenced McLAREN to serve 192 months in prison, to be followed by 5 years of supervised release, and a $200 special assesment.

  

In June of 2017, DELWIN McLAREN, JAWAN FORTIA, DEDRICK KEELEN, LIONEL ALLEN, BRYAN SCOTT and were convicted following a 7-day trial.  According to evidence presented at trial, McLAREN was a member of the “Young Melph Mafia” gang, also referred to as “YMM.”  The YMM gang was initially formed in or about 2005 and continued to exist through 2014.  During the course of the federal investigation into the gang, agents learned that the defendants controlled an area of Central City New Orleans along Martin Luther King Boulevard near the former Melpomene Housing Development.  The gang, which started when the members were in their early teens, participated in a wide ranging conspiracy to distribute street level quantities of crack cocaine in Central City and participated in several acts of violence against rival gangs, such as the 110ers.  The members of the YMM were associates of the members of the Allen family, who were also indicted and convicted in federal court in 2014.  Three members of the 110ers gang were convicted on January 29, 2015, in Orleans Parish Criminal Court for the Briana Allen shooting.

 

The jury found McLAREN guilty of conspiracy to distribute and possess with intent to distribute more than 280 grams of crack cocaine and a quantity of marijuana along with conspiracy to possess firearms during and in relation to crimes of violence and drug trafficking crimes.

 

McLAREN was one of eleven defendants originally charged in August of 2014 in a superseding indictment involving gun and drug conspiracies. Five YMM defendants pled guilty to the conspiracy charges and were sentenced. JACOBI “CO” BOYD was sentenced to 480 months of incarceration; ALFRED “AL” COBBINS was sentenced to 252 months of incarceration; SHAWN “GUNNER” GRACIN was sentenced to 270 months of incarceration; RUBEN “RUE” GEIGER was sentenced to 220 months of incarceration; DARIUS “D-MAN” WILLIAMS was sentenced to 156 months of incarceration; and DEONTRE “SOULJA” HILLS was sentenced to 96 months of incarceration. In August of 2015, federal RICO and murder charges were added against the remaining defendants in a Second Superseding Indictment. JEFFREY WILSON pled guilty to the drug charges and was sentenced to 180 months of incarceration.  DEDRICK KEELEN was sentenced to life plus 10 years last week after being convicted of multiple counts at trial. JAWAN FORTIA was sentenced to life in prison as well. LIONEL ALLEN and BRYAN SCOTT, who went to trial with McLAREN, are awaiting sentencing.

 

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

 

Acting U.S. Attorney Duane A. Evans announced that TYLER CONNER, age 27, of Dallas, and AARON SHEEHAN, age 31, of New Orleans, were sentenced today after having previously pled guilty to one count of conspiring to distribute and to possess with intent to distribute methamphetamine.  

 

U.S. District Judge Sarah S. Vance sentenced CONNER to 60 months of incarceration, to be followed by 4 years of supervised release.  SHEEHAN was sentenced to 30 months of incarceration, to be followed by 3 years of supervised release. 

 

Beginning at a time unknown but not later than 2013, and continuing through 2016, CONNER frequently traveled back and forth to Texas to obtain quantities of methamphetamine, which he then resold in New Orleans.  SHEEHAN was involved in the same conspiracy to sell methamphetamine in the New Orleans area.

 

Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration (DEA), the Louisiana State Police (LSP), and the U.S. Marshals Service (USMS) in investigating this matter.  Assistant United States Attorney Brandon S. Long was in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced JUSTIN BROWN, age 30, and JOSHUA CARTHON, age 33, both of New Orleans, were sentenced last week to a one  year and one  day term of imprisonment to be followed by a one year term of supervised release (which includes four months of home confinement).  The former New Orleans Police officers previously pled guilty to accepting bribes in furtherance of the conspiracy to traffic in contraband cigarettes.  Additionally, a co-defendant, ATALLA ATALLA, a/k/a TOMMY, age 40, of Wilmington, North Carolina, pled guilty to conspiracy to traffic in contraband cigarettes and evading the federal excise tax imposed on tobacco. 

According to previously filed court documents, BROWN and CARTHON, along with GARRETT PARTMAN, all local law enforcement officers at the time of the Indictment, accepted bribes in exchange for protecting and transporting the shipment of contraband cigarettes across state lines.  Co-defendants, ANWAR ABDELMAJID-AHMAD, JADALLAH SAED, and ATALLA, would then distribute and sell the contraband cigarettes in North Carolina and other states where the cigarette taxes are higher than Louisiana, resulting in a total tax loss to the federal and state governments of $400,000-$900,000.  ATALLA will be sentenced on January 31, 2018.  ATALLA faces a maximum penalty of five years imprisonment, a fine of $250,000, three years of supervised release and a $100 special assessment.

Acting U.S. Attorney Evans praised the work of the FBI New Orleans Division, Immigration and Customs Enforcement/Homeland Security Investigations, and the New Orleans Police Department/Public Integrity Bureau.  Assistant United States Attorneys Tracey N. Knight and Irene Gonzalez are in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that SALVADOR TENOCO-RODRIGUEZ, age 40, a citizen of Mexico, pled guilty today to a one-count Bill of Information for illegal reentry of a removed alien after deportation, in violation of Title 8 U.S.C., Sections 1326(a) and (b)(2).

 

According to the Bill of Information, TENOCO-RODRIGUEZ reentered the United States on or about August 29, 2017, after having been previously removed therefrom on or about October 27, 2006.  

 

TENOCO-RODRIGUEZ faces a maximum term of imprisonment of twenty years, a fine of up to $250,000, three years supervised release after imprisonment, and a $100 special assessment.  U.S. District Judge Kurt D. Engelhardt set sentencing for January 31, 2018.

 

Acting 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 Irene González is in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced the unsealing of a 23-count Indictment charging STEFEN DAIGLE, age 30; PETER GIANDALONE, age 42, GLENN MELANCON, a/k/a “PAUL MELANCON,” age 49, JEFFREY CLINES, age 52, all of New Orleans; JAMES HATCH, age 48, ANGEL RENEE VIDAURE, age 37, EULALIO TORRES-CADENAS, age 40,  all of Houston, TX; JACOB HIGGINBOTHAM, age 23, of Houma; DELIO ALFREDO LOPEZ-LOPEZ, age 40, of Honduras; LINDSEY LOPEZ, age 35, of Metairie; and JULIEN POLK, a/k/a “SIMONE,” age 39, of San Francisco, CA; with conspiring to traffic methamphetamine, along with numerous substantive drug offenses.  In addition, DELIO ALFREDO LOPEZ-LOPEZ was charged with possessing a firearm in furtherance of his drug-trafficking activities, and with illegally reentering the United States after having previously been deported. 

 

The following chart summarizes the charges alleged in the Indictment, along with the penalties that each defendant faces if convicted of the alleged offense. 

 

Count

Charge

Defendants

Penalties

1

Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), 841(b)(1)(C), and 846

All

DAIGLE, GIANDALONE, HIGGINBOTHAM, CLINES, HATCH, VIDAURE, TORRES-CADENAS, LOPEZ-LOPEZ, LOPEZ, POLK:  10 years to life imprisonment, at least 5 years supervised release, $10,000,000 fine

 

MELANCON: 0 to 20 years, at least 3 years supervised release, $1,000,000 fine

2

Possession with Intent to Distribute Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C); Title 18 U.S.C. § 2

 

GIANDALONE

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

3

Distribution of 50 Grams or More of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)

 

POLK

5 to 40 years, at least 4 years supervised release, $5,000,000 fine

4

Possession with Intent to Distribute 50 Grams or More of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)

 

GIANDALONE

5 to 40 years, at least 4 years supervised release, $5,000,000 fine

5

Distribution of 50 Grams or More of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)

 

GIANDALONE

5 to 40 years, at least 4 years supervised release, $5,000,000 fine

6

Possession with Intent to Distribute 50 Grams or More of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B); Title 18 U.S.C. § 2

 

GIANDALONE, HIGGINBOTHAM

5 to 40 years, at least 4 years supervised release, $5,000,000 fine

7

Distribution of 50 Grams or More of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)

 

POLK

5 to 40 years, at least 4 years supervised release, $5,000,000 fine

8

Distribution of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)

 

MELANCON

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

9

Distribution of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)

 

MELANCON

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

10

Distribution of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)

 

MELANCON

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

11

Distribution of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C); Title 18 U.S.C. § 2

 

MELANCON, GIANDALONE

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

12

Possession with Intent to Distribute Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)

 

GIANDALONE

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

13

Possession with Intent to Distribute Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)

 

GIANDALONE

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

14

Distribution of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)

 

CLINES

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

15

Possession with Intent to Distribute 50 Grams or More of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)

 

CLINES

5 to 40 years, at least 4 years supervised release, $5,000,000 fine

16

Distribution of 50 Grams or More of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B); Title 18 U.S.C. § 2

 

HATCH, VIDAURE

5 to 40 years, at least 4 years supervised release, $5,000,000 fine

17

Possessing a Firearm in Furtherance of Drug Trafficking– Title 18 U.S.C. § 924(c)(1)(A)(i)

 

HATCH, VIDAURE

5 years to life imprisonment, not more than 5 years supervised release, $250,000 fine

 

18

Possession with Intent to Distribute Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C); Title 18 U.S.C. § 2

 

GIANDALONE

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

19

Distribution of Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C)

 

LOPEZ

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

20

Possession with Intent to Distribute Methamphetamine – Title 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C); Title 18 U.S.C. § 2

 

LOPEZ-LOPEZ

0 to 20 years, at least 3 years supervised release, $1,000,000 fine

21

Possessing a Firearm in Furtherance of Drug Trafficking– Title 18 U.S.C. § 924(c)(1)(A)(i)

LOPEZ-LOPEZ

5 years to life imprisonment, not more than 5 years supervised release, $250,000 fine

 

22

Possessing a Firearm, Illegal Alien – Title 18 U.S.C. § 922(g)(5)(A), 924(a)(2)

 

LOPEZ-LOPEZ

0 to 10 years, not more than 3 years supervised release, $250,000 fine

23

Illegal Reentry – Title 8 U.S.C. § 1326(a)

 

LOPEZ-LOPEZ

0 to 2 years, not more than 1 year supervised release, $250,000 fine

 

 

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

 

Acting U.S. Attorney Evans praised the work of the United States Postal Inspection Service, Louisiana State Police, Jefferson Parish Sheriff’s Office, Texas Department of Public Safety, Texas Highway Patrol, Montgomery County (Texas) Sheriff’s Office, Immigration and Customs Enforcement, AMTRAK Police, and the Orleans Parish District Attorney’s Office.  Assistant United States Attorney Brandon S. Long is in charge of the prosecution.                                                         

Acting U.S. Attorney Duane A. Evans announced that YONI LAGOS, age 26, a native of Honduras, pled guilty today to a one-count Indictment for Illegal Entry of a Removed Alien, in violation of Title 18, United States Code, Section 1326(a).

 

According to court documents, LAGOS was previously removed from the United States on January 13, 2016. LAGOS was found in the Eastern District of Louisiana on March 21, 2017 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.

 

LAGOS faces a maximum term of imprisonment of two (2) years, as well as a fine of $250,000. United States District Court Judge Kurt D. Engelhardt set sentencing for January 31, 2018.

 

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

Acting U.S. Attorney Duane A. Evans announced that RONY NOE DIAZ-MAZARIEGOS, age 27, a citizen of Guatemala, was charged in a one-count Bill of Information for Illegal use of a Social Security Number in violation of Title 42, United States Code, Section 408(a)(7)(B).

DIAZ faces a maximum term of imprisonment of not more than five years, a fine of $250,000, and a mandatory special assessment of $100.  Additionally, DIAZ is subject to a period of supervised release after imprisonment of up to three years.

 

Acting 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.

Acting U.S. Attorney Duane A. Evans announced that YONI LOPEZ-ROJAS, age 25, a citizen Guatemala, was charged yesterday in a one-count Bill of Information for Illegal use of a Social Security Number in violation of Title 42, United States Code, Section 408(a)(7)(B).

LOPEZ-ROJAS faces a maximum term of imprisonment of not more than five years, a fine of $250,000 and a mandatory special assessment of $100.  Additionally, LOPEZ-ROJAS is subject to a period of supervised release after imprisonment of up to three years

 

Acting 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.

A federal jury found a New Orleans woman guilty today for her role in an approximately $3.2 million Medicare fraud and kickback scheme.

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Duane A. Evans of the Eastern District of Louisiana, Acting Special Agent in Charge Daniel Evans of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Field Office made the announcement.

After a three-day trial, Sandra Parkman, 61, was convicted of one count of conspiracy to commit health care fraud, one count of conspiracy to pay and receive kickbacks, two counts of health care fraud and five counts of accepting kickbacks.  Sentencing is scheduled for Jan. 17, 2018, before U.S. District Judge Kurt D. Engelhardt of the Eastern District of Louisiana, who presided over the trial.

According to evidence presented at trial, from 2004 to 2009, Parkman and others engaged in a scheme to provide medically unnecessary durable medical equipment, including power wheelchairs, to Medicare beneficiaries in and around New Orleans.  The evidence showed that Parkman received kickback payments from the equipment supply company in return for providing eligible Medicare beneficiaries’ personal information to the company, as well as to obtain physican signatures on order forms.

As a result of the scheme, Parkman’s co-defendant, Tracy Richardson Brown, caused Medicare to pay over $3.2 million based on those illegally obtained referrals, the evidence showed.  

Brown was previously convicted following a trial in June 2016 and was sentenced to 48 months in prison.

This case was investigated by the FBI and HHS-OIG.  Trial Attorneys Kate Payerle and Jared Hasten of the Criminal Division’s Fraud Section are prosecuting the case. 

The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.  The Medicare Fraud Strike Force operates in nine locations nationwide.  Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.

Acting U.S. Attorney Duane A. Evans, announces the arrest of LUIS J. COTTO, a/k/a “Luis Pereira,” age 31, of New York, following the unsealing of a Second Superseding Indictment charging an array of federal narcotics and firearm violations by members of a drug trafficking organization operating in south Louisiana. 

 

The Second Superseding Indictment, which was returned by the grand jury on October 27, 2017, and unsealed today charges seven defendants with conspiring to distribute controlled dangerous substances in the parishes of St. Charles, St. John the Baptist, and elsewhere.  As with the prior Indictment, this Second Superseding Indictment alleges that the conspirators included ANDRE STAGGERS, a/k/a “Dre,” age 43; COREY SESSION, age 43; GREGORY LONDON, JR., a/k/a “Lil Gregg,” age 41; TERRANCE ANDERSON, a/k/a “City,” age 35; KIRK BALLARD, age 36; and LEONARD MORRISON, a/k/a “Leonard London,” age 35. 

 

This Second Superseding Indictment names COTTO as an additional co-conspirator.  COTTO was arrested today at his residence in Utica, New York, pursuant to a federal arrest warrant issued after the Second Superseding Indictment was returned by the grand jury.

 

The Second Superseding Indictment also alleges that COTTO was responsible for more than one kilogram of heroin and five kilograms of cocaine through his own conduct and the reasonably foreseeable conduct of his co-conspirators.  The Second Superseding Indictment asserts that, on or about August 7, 2016, COTTO transported more than $225,000 in cash in furtherance of the drug conspiracy.

 

According to the Second Superseding Indictment, these defendants conspired together from approximately January 2015 through August 2016 to distribute heroin, cocaine, and marijuana in the Eastern District of Louisiana and elsewhere.  The scope of the conspiracy encompassed at least five kilograms or more of cocaine and one kilogram or more of heroin.  During the course of this investigation, federal and state law enforcement officers seized various drugs, including cocaine, heroin, marijuana, and methamphetamine. 

According to court documents, search warrants executed on February 25, 2016, at two residences used by COREY SESSION resulted in the seizure of two AK-style rifles, approximately $10,000 in cash, and a half kilogram of cocaine.  A search warrant executed the same day at the residence of ANDRE STAGGERS resulted in the seizure of an AR-15 rifle, a half kilogram of heroin, and over $400,000 in cash.

 

If convicted for violating federal drug conspiracy laws, the defendants face the following penalties.  STAGGERS, SESSION, LONDON Jr., ANDERSON, BALLARD, and COTTO each face a maximum of life imprisonment, a $10,000,000 fine, and at least five years of supervised release.  MORRISON faces a maximum of 40 years imprisonment, a $5,000,000 fine, and at least four years of supervised release. 

 

STAGGERS, SESSION, and MORRISON also are charged with federal firearms violations.  STAGGERS is charged with possession of a firearm as a felon, for which he could receive up to ten years of imprisonment, a $250,000 fine, and up to three years of supervised release.  SESSION and MORRISON are each charged with possession of a firearm as an armed career criminal, for which each could receive a minimum of fifteen years in prison and a maximum of life imprisonment, a $250,000.00 fine, and up to five years of supervised release.  STAGGERS, SESSION, and MORRISON are also charged with possession of a firearm in furtherance of a drug trafficking crime, for which they each face a minimum of five years in prison consecutive to any other sentence, a $250,000 fine, and up to five years of supervised release.

 

Acting U.S. Attorney Evans reiterated that the Second Superseding Indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.  

 

This Second Superseding Indictment represents a coordinated effort of federal and state law enforcement authorities within the Drug Enforcement Administration’s Gulf Coast High Intensity Drug Trafficking Area (HIDTA) Program.  The DEA’s HIDTA Group #11, operating out of the New Orleans Field Division, includes members of the Louisiana State Police, Jefferson Parish Sheriff’s Office, and other local agencies.  Acting U.S. Evans thanked the Drug Enforcement Administration Syracuse Field Office and the Utica Police Department for their assistance in arresting COTTO.

 

The prosecution is being handled by Assistant United States Attorney Matthew Payne and Special Assistant United States Attorney Andre Gaudin, who is assigned from the Orleans Parish District Attorney’s Office to the DEA HIDTA Group.

 

Acting U.S. Attorney Duane A. Evans announced that DARREN BRANDON WILLIAMS, age 29, of Oakland, California, pleaded guilty today to conspiracy to alter U.S. Postal money orders. 

 

According to the court records, WILLIAMS conspired with others in the New Orleans area to buy U.S. Postal money orders in small amounts (typically $1.00).  These money orders were sent out of state where they were altered to much higher amounts. WILLIAMS, working with other conspirators, then enlisted individuals to deposit the altered U.S. Postal money orders into local bank accounts. Once the money orders cleared, the funds were withdrawn and split by WILLIAMS and the conspirators.

 

WILLIAMS faces up to five years imprisonment, a fine of up to $250,000, up to three years of supervised release following any term of imprisonment, and $100 special assessment.    U.S. District Judge Sarah S. Vance set sentencing for February 21, 2018.

           

Acting U. S. Attorney Evans praised the investigative work of the United States Postal Inspector Office for its handling of the matter.  Assistant U.S. Attorney Edward J. Rivera is in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that MARCIO RODOLFO OCHOA-BORJAS, age 31, a citizen of Honduras, was charged yesterday in a one-count Bill of Information with illegal reentry of a removed alien after deportation, in violation of 8 U.S.C. ' 1326(a).

 

According to the Bill of Information, OCHOA-BORJAS reentered the United States on or about June 30, 2017, after having been previously removed therefrom on or about August 16, 2012.  

 

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

 

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

 

Acting 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 Irene González is in charge of the prosecution.

Acting U.S. Duane A. Evans announced that SAUL RODRIGUEZ-AVILES, age 47, pled guilty last week to a one-count Indictment charging him with illegal reentry of a removed alien previously convicted of an aggravated felony.

 

According to the Indictment, RODRIGUEZ-AVILES reentered the United States after he was previously deported on July 16, 2015.  

 

RODRIGUEZ-AVILES faces a maximum term of imprisonment of twenty years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.  U.S. District Judge Nannette Jolivette Brown set sentencing for December 28, 2017.

 

Acting 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.

Acting U.S. Attorney Duane A. Evans announced that ERNESTO CONTRERAS-REYES, age 42, a citizen of Mexico was charged last Friday in a one-count Indictment for illegal use of a Social Security Number in violation of 42 United States Code, Section 408(a)(7)(B). 

CONTRERAS-REYES faces a maximum term of imprisonment of not more than five (5) years, a fine of $250,000, and a mandatory special assessment of $100.  Additionally, CONTRERAS-REYES is subject to a period of supervised release after imprisonment of up to three years. 

Acting U.S. Attorney Duane A. 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 Department of Homeland Security in investigating this matter.  Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced the unsealing of an Indictment regarding the December 18, 2013 murder of Loomis Armored US Guard Hector Trochez as he made a cash delivery to the Chase Bank at Carrollton and Claiborne Avenues in New Orleans.

 

The four-count Indictment charges LILBEAR GEORGE, age 28; JEREMY ESTEVES, age 31; CURTIS JOHNSON JR., age 25; CHUKWUDI OFOMATA, age 30; ROBERT BRUMFIELD III, age 24; and JASMINE THEOPHILE, age 24, all of New Orleans.

 

Count 1 charges GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with conspiracy to obstruct interstate commerce by robbery.  This count carries a maximum prison term of 20 years and/or a $250,000 fine.

 

Count 2 charges GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with the substantive robbery of Mr. Trochez to obstruct interstate commerce.  The penalties for this count are the same as those that apply to Count 1.

 

Count 3 names GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with using firearms in relation to the crimes of violence set out in Counts 1 and 2, causing Mr. Trochez’s death.  This count carries the possibility of the death penalty for the five defendants.

 

Finally, Count 4 charges GEORGE and THEOPHILE with obstruction of a grand jury proceeding by destroying a cell phone, which carries a maximum prison term of 20 years and/or a $250,000 fine.

 

Acting U.S. Attorney Evans reiterated that the Indictment is merely an allegation and that the guilt of the defendants must be proven beyond a reasonable doubt.

 

Acting U.S. Attorney Evans praised the work of the FBI New Orleans Violent Crime Task Force, along with the New Orleans Police Department, and the Louisiana State Police in investigating this matter.  Assistant United States Attorneys Michael E. McMahon, Brittany Reed, and Jonathan Shih are in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that GEOFFREY RICKETTS, age 48, and SAMUEL KIM, age 42, both of Porter Ranch, California, were sentenced today after previously pleading guilty to conspiracy to commit health care fraud.

 

U.S. District Judge Eldon E. Fallon sentenced GEOFFREY RICKETTS to to 46 months imprisonment.  SAMUEL KIM was sentenced to 25 months imprisonment.  In addition, GEOFFREY RICKETTS and SAMUEL KIM owe restitution in the amount of $1,338,210 and $988,593 respectively.

 

GEOFFREY RICKETTS, SAMUEL KIM, along with co-defendants MARLA RICKETTS and SUNYUP KIM were indicted on June 11, 2015, for their direction of a $38 million fraud scheme centering around the distribution of "talking glucose meters" that were not medically needed and were often not even requested.  The defendants operated Care Concepts, LLC, which was based in Metairie and Choice Home Medical Equipment and Supplies (Choice), which was based in Chatsworth, California.  According to court documents, the defendants paid kickbacks to workers at call centers in California and South Carolina, from which operators would cold-call Medicare recipients to convince them to accept talking glucose meters and related supplies.  From 2007 through 2015, the defendants caused thousands of claims to be submitted to Medicare through Care Concepts and Choice, virtually all of which were fraudulent.

 

MARLA RICKETTS pleaded guilty on January 5, 2017, to conspiracy to commit health care fraud and was sentenced to five years of probation and ordered to pay $39,880.46 in restitution.

 

SUNYUP KIM pleaded guilty on September 7, 2017, to conspiracy to commit health care fraud and was sentenced to twelve months and one day imprisonment, followed by two years of supervised release.  Additionally, KIM was ordered to pay $93,927 in restitution.

 

Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Office of Inspector General for the United States Department of Health and Human Services for investigating this matter.  Assistant U.S. Attorneys Patrice Harris Sullivan and Jordan Ginsberg were in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that BOBBY JOSEPH HAMMOND, age 38, of Metairie, was sentenced today after previously pleading guilty to a one-count Bill of Information for destruction of government property.

 

U.S. District Judge Ivan L.R. Lemelle sentenced HAMMOND to 9 months imprisonment, 2 years supervised release, and ordered to pay $1,330.69 restitution.

        

According to the court documents, on March 4, 2017, HAMMOND drove up to the south side of the Social Security Administration (SSA) Field Office located at 1616 Joe Yenni Boulevard in Kenner, exited his vehicle, and threw a rock through a second floor window. Damages totaled $1,330.69.

 

Acting U.S. Attorney Evans praised the work of the Federal Protective Services in investigating this matter. 

 

Acting U.S. Attorney Duane A. Evans announced that DELTOINE SCOTT, age 24, JEROME KIEFFER, age 24, and JEROME’s father, ARMSTEAD KIEFFER, age 53, all of New Orleans, were charged yesterday in a nine-count Second Superseding Indictment.  The Second Superseding Indictment includes charges of conspiracy to commit bank robbery, armed bank robbery, use of a firearm in furtherance of a crime of violence, attempted armed bank robbery resulting in death, murder, making a false statement to a federal law enforcement officer, perjury before the federal grand jury, and felon in possession of a firearm.  The Second Superseding Indictment adds defendant ARMSTEAD KIEFFER to the 2017 Loomis armored car robbery that resulted in the death of James McBride and adds charges for a 2015 Brinks armored car robbery against SCOTT and JEROME KIEFFER.

 

According to the Second Superseding Indictment, SCOTT, JEROME KIEFFER, and ARMSTEAD KIEFFER conspired together to commit two armored car robberies, a 2015 robbery at the Chase Bank on N. Broad and a 2017 attempted robbery at the Campus Federal Credit Union on Tulane.  SCOTT and JEROME KIEFFER are charged with two counts related to 2015 robbery and all three defendants are charged with two counts related to the 2017 attempted robbery.  The Second Superseding Indictment alleges that the defendants used force, violence, and intimidation and were armed with firearms during both robberies and that SCOTT, JEROME KIEFFER, and ARMSTEAD KIEFFER caused James McBride’s death during the 2017 attempted robbery.    

 

If convicted of attempted bank robbery resulting in death, SCOTT, JEROME KIEFFER, and ARMSTEAD KIEFFER face a mandatory life sentence or death.  The Second Superseding Indictment also charges all three defendants with using a firearm during and in relation to the 2017 attempted robbery, which carries a penalty of up to life in prison or death.  On the charges related to the 2015 robbery, SCOTT and JEROME KIEFFER face up to twenty-five years in prison, plus a mandatory consecutive sentence of at least seven years up to life.  The conspiracy charge carries a maximum penalty of five years.  The Second Superseding Indictment also alleges that SCOTT, about a week after the robbery, lied to federal agents about having lost his phone and about his whereabouts on the day of the robbery.  If convicted, SCOTT faces up to five years in prison on each of the false statement counts.  ARMSTEAD KIEFFER is also charged with perjury before the federal grand jury and being a felon in possession of firearms, which carry a potential term of imprisonment of up to five years and up to ten years, respectively.

 

Acting U.S. Attorney Evans reiterated that the Second Superseding Indictment is merely an allegation and that the guilt of the defendants must be proven beyond a reasonable doubt.

 

Acting U.S. Attorney Evans praised the work of the FBI New Orleans Violent Crime Task Force and the New Orleans Police Department in investigating this matter.  Assistant United States Attorneys David Haller and Michael McMahon are in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that LUIS CHAVEZ-LOPEZ, age 31, a native of Mexico, pled guilty yesterday to a one-count Indictment for illegal reentry of a removed alien.

 

According to court documents, CHAVEZ-LOPEZ was previously removed from the United States on February 5, 2015.  He was found in the Eastern District of Louisiana on May 3, 2017, without permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter the country.  CHAVEZ-LOPEZ re-entered the United States after being convicted of Possession with Intent to Distribute Marijuana in Jefferson Parish.  CHAVEZ-LOPEZ’s conviction occurred on June 1, 2009.

 

CHAVEZ-LOPEZ faces a maximum term of imprisonment of twenty years in prison, a fine of $250,000, three years of supervised release, and a $100 special assessment fee.  U.S. District Judge Susie Morgan set sentencing for January 24, 2018.

 

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

Acting U.S. Attorney Duane A. Evans announced that DARREKA BOYKINS, age 41, of Houma, pled guilty yesterday to an Indictment charging him with violating the Federal Controlled Substances Act.

 

According to the court records, BOYKINS 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.  BOYKINS admitted to being captured on a Title III wire intercept. 

 

BOYKINS faces a mandatory minimum term of imprisonment of at least 10 years because of a prior drug offense, up to a maximum of life, a fine of up to $8,000,000, and eight years of supervised release following any term of imprisonment.  U.S. District Judge Sarah S. Vance set sentencing on February 7, 2018.

 

Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration (DEA) in investigating this matter.  Assistant United States Attorney David Haller is in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that WAYNE SONIAT, age 61, of New Orleans, was charged in a two-count Bill of Information with wire fraud and making false statements on federal income tax returns.

 

According to the Bill of Information, SONIAT was employed as a warehouse manager for a New Orleans-based food production company headquartered in Metairie, which also operated a manufacturing plant in Reserve (“Company A”).  SONIAT was responsible for, among other things, ensuring that employees followed appropriate procedures, keeping track of when temporary employees worked, and submitting the requisite paperwork, including time sheets, to ensure that Company A paid the temporary employees and the staffing agency through whom the temporary employees were acquired for the time the temporary employees worked.  Between about November 2009 and October 2014, SONIAT embezzled approximately $437,346 from Company A in a series of approximately 200 wire transfers, without Company A’s knowledge or authorization.  SONIAT did so by signing and submitting paperwork, including time sheets, indicating that temporary, contract employees (“ghost employees”) had performed work for Company A when, in fact, they had not.  SONIAT obtained debit cards in the names of the ghost employees onto which payments were made for the time they allegedly worked.  SONIAT then used the money to pay for personal expenses to withdraw cash at area ATMs.

 

If convicted, SONIAT faces a maximum term of imprisonment of 23 years in prison, 3 years of supervised release after any term of imprisonment, and a $250,000 fine.

 

Acting 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.

 

Acting U.S. Attorney Evans praised the work of the Internal Revenue Service – Criminal Investigations in investigating this matter, with assistance from the United States Secret Service, the St. John the Baptist Sheriff’s Office, and the Louisiana Financial Crime Task Force.  The case is being prosecuted by Assistant United States Attorney Jordan Ginsberg.

Acting U.S. Attorney Duane A. Evans announced that MARIA SPEARS, a/k/a MARIA BAQUEDANO, 52, of Kenner, was sentenced today after previously pleading guilty to defrauding Gulf Coast Bank and Trust in connection with writing fraudulent checks.

 

U.S. District Judge Kurt D. Engelhardt sentenced SPEARS to 36 months imprisonment, followed by 3 years of supervised release.  A hearing to determine the restitution amount is scheduled for December 20, 2017.

 

SPEARS pled guilty to a one-count Bill of Information charging her with Bank Larceny.  According to court documents, SPEARS opened a checking account at Gulf Coast Bank and Trust, in the Eastern District of Louisiana.  This account was closed in 2011 and contained no funds at the times Spears issued the checks.  The deposits of Gulf Coast Bank and Trust were insured by the Federal Deposit Insurance Corporation. (“FDIC”) when Spears wrote the fraudulent checks.

From on or about June 6, 2015 until on or about March 26 2016, SPEARS wrote approximately $357,000 of bad checks.  Each time a check was presented, the bank declined to release the funds as the account had been closed since 2011. 

On June 26, 2015, SPEARS issued a check in Jefferson Parish in the amount of $5,000 to Party “A”, in order to purchase real estate in Kenner.

On December 12, 2015, SPEARS purchased a 2016 Chevrolet Corvette in Jefferson Parish from Dealer “A” with a check for $80,390.29 from the closed account. 

On March 5, 2016, SPEARS purchased a 2016 Nissan GTR in Jefferson Parish from Dealer “B” with a check for $130,675 from the closed account.

On March 21, 2016, SPEARS purchased a 2016 Cadillac Escalade Premium in Jefferson Parish from Dealer “C” with a check for $97,590.75 from the closed account.

On March 26, 2016 in Tangipahoa Parish, SPEARS purchased a 2016 Nissan 370Z from Dealer “D” with a check for $44,000 from the closed account. 

SPEARS was on supervised release for another federal offense when she committed this crime.  On December 6, 2012, SPEARS was sentenced to serve 21 months imprisonment for wire fraud in the Middle District of Louisiana.  She was ordered to pay $176,267.96 in restitution and was placed on three years supervised release. 

Acting U.S. Attorney Evans praised the work of the U.S. Probation Service in investigating this matter.  Assistant United States Attorney Carter K. D. Guice, Jr. of the Fraud Unit is in charge of the prosecution.

 

Acting United States Attorney Duane A. Evans announced that RYAN SCOTT, age 39, of Kenner, was charged with federal firearms violations in a recently unsealed two-count Indictment.

 

According to the Indictment, SCOTT committed arson of a building in LaPlace, on August 13, 2017, in violation of Title 18, United States Code, Section 844(i).  SCOTT also possessed a destructive device in violation of Title 26, United States Code, Section 5861(d) on the same date. 

 

If convicted, SCOTT faces, as to count one, a minimum of 5 years and a maximum of 20 years of imprisonment, 3 years supervised release after imprisonment, a fine of $250,000, and a $100 special assessment.  As to count two, SCOTT faces a maximum term of imprisonment of 10 years, a fine of $10,000, three years supervised release after imprisonment, and a $100 special assessment. 

 

Acting 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.

 

Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in investigating this matter.  Assistant United States Attorney Maria M. Carboni is in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that GARRETT PARTMAN, age 32, of New Orleans, was sentenced today after previously pleading guilty to a one count Indictment charging him with interstate transportation in aid of racketeering enterprises.

U.S. District Judge Kurt D. Engelhardt sentenced PARTMAN, a former Orleans Parish Sheriff’s Deputy to 3 years of probation.

According to court documents, PARTMAN, along with JUSTIN BROWN and JOSHUA CARTHON, all local law enforcement officers at the time of the Indictment, were utilized to protect and transport the shipment of contraband cigarettes across state lines.  Co-defendants, ANWAR ABDELMAJID-AHMAD, JADALLAH SAED, and ATALLA ATALLA, would then distribute and sell the contraband cigarettes in North Carolina and other states where the cigarette taxes are higher than Louisiana, resulting in a total tax loss to the federal and state governments of approximately $456,000. 

Acting U.S. Attorney Evans praised the work of the FBI New Orleans Division and Immigration and Customs Enforcement/Homeland Security Investigations in investigating this matter.  Assistant United States Attorneys Tracey N. Knight and Irene Gonzalez are in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that CHRISTOPHER SIMMS, age 32, of New Orleans, was sentenced last week after previously pleading guilty to a nine-count superseding Bill of Information for bank robbery and armed robbery and a one-count Indictment for bank robbery.

 

U.S. District Judge Eldon E. Fallon sentenced SIMMS to 221 months in prison, five years of supervised release, and a special assessment of $1,000. 

        

According to the court documents, SIMMS robbed nine establishments between January 12, 2016 and February 8, 2016.  SIMMS’s robberies included three McDonald’s Restaurant locations in New Orleans; a McDonald’s Restaurant in Kenner; a Dollar General store in Metairie; an Iberia Bank in Metairie; a Compass Bank in Mobile, Alabama; and a convenience store in Silver Creek Mississippi.  SIMMS pled guilty to seven counts of Hobbs Act robbery, two counts of bank robbery, and one count of brandishing a firearm during a crime of violence.

 

Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation, the New Orleans Police Department, the Jefferson Parish Sheriff’s Office, and the Lawrence County, Mississippi Sheriff’s Office in investigating this matter. Assistant United States Attorney Maria M. Carboni was in charge of the prosecution.

Acting United States Attorney Duane A. Evans announced that MICHAEL J. COTTON, age 68, of Bogalusa, was charged today in a one-count Bill of Information with soliciting sexual favors from a woman in exchange for obtaining a bond reduction for her boyfriend.

 

According to the Bill of Information, COTTON worked as an Investigator with the Office of the District Attorney for the 22nd Judicial District, which included St. Tammany and Washington Parishes.  COTTON was responsible for investigating matters involving the issuance of bad checks, including initiating cases, reviewing records, interacting with victims, collecting fees and restitution from offenders, and obtaining warrants from municipal judges.  COTTON also possessed and displayed a law enforcement badge and credentials, represented the DA’s Office in interactions with criminal defendants and witnesses in ongoing law enforcement investigations, and had access to sensitive case-related information.  Furthermore, COTTON regularly corresponded with, had access to, and provided case-related recommendations to Assistant District Attorneys.  On July 10, 2015, COTTON is alleged to have demanded sexual favors from a female identified as “Victim 1” in exchange for seeking a bond reduction for her boyfriend from $25,000 to a $30 signature bond.

 

“We are grateful for the joint efforts between our office and the U.S. Attorney's Office in Louisiana's Eastern District. Those efforts resulted in today's filing of a bill of information against Mr. Cotton,” said Louisiana State Attorney General Jeff Landry. “I am committed to ensuring the strong ongoing partnership between law enforcement partners on every level to investigate, arrest, and prosecute criminals.”

 

If convicted, COTTON faces a maximum term of imprisonment of ten years, followed by up to a lifetime of supervised release, and a $250,000 fine.  

 

Acting United States 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.

Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter.   Special thanks for the assistance provided by the Louisiana State Attorney General’s Office.  Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution

Acting U.S. Attorney Duane A. Evans announced that LAZANDY DANIELS, age 40, of the St. Roch neighborhood, was sentenced yesterday for his role in distributing kilograms of cocaine in the New Orleans area.  Following a three-day trial, a jury found DANIELS guilty of conspiracy to distribute five kilograms or more of cocaine hydrochloride (powder) and 28 grams or more of cocaine base (“crack”); and two counts relating to the distribution of crack cocaine. 

 

U.S. District Judge Jane Triche Milazzo sentenced DANIELS to 240 months imprisonment, followed by 10 years supervised release, and a $100 special assessment.

 

According to the evidence presented at trial, co-defendant CRAIG JAMES was a Houston-based cocaine supplier who, during 2014 and 2015, transported up to 30 kilograms of cocaine per month from Houston to New Orleans.  JAMES’S method for transportation was to hide the cocaine in the door panels of used cars, load the cars onto a flatbed truck, and drive the truck from Houston to a salvage yard in New Orleans East.  Upon arrival at the salvage yard, DANIELS and others would assist JAMES in unloading the drugs; distributing the drugs to local kilogram-level dealers like co-defendants LEON JACKSON and JOPPA JACKSON; and then collecting the drug proceeds that would then be used to purchase more cocaine for resale.  The evidence further showed that DANIELS sold quantities of crack and powder cocaine from a home near the intersection of North Derbigny Street and Mandeville Street in the St. Roch neighborhood.  DANIELS and JAMES were arrested on December 2, 2015, at the Super 8 Hotel on Chef Menteur Highway in New Orleans East.  At the time of the arrest, the men were in possession of 164 grams of crack cocaine, numerous items used to weigh and package cocaine, and almost $300,000 in cash drug proceeds. 

 

Co-defendants CRAIG JAMES and LEON JACKSON, JR., both previously pled guilty to conspiracy to distribute 5 kilograms or more of a mixture containing cocaine hydrochloride and 28 grams or more of a mixture containing cocaine base (crack).  JAMES was sentenced to 156 months imprisonment, followed by 10 years supervised release, and a $100 special assessment.  LEON JACKSON was sentenced to 70 months imprisonment, followed by 5 years supervised release, and a $100 special assessment.

 

Co-defendant JOPPA JACKSON previously pled guilty to conspiracy to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine hydrochloride and was sentenced to 78 months imprisonment, followed by 8 years supervised release, and a $100 special assessment.

 

Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration, New Orleans Police Department, Plaquemines Parish Sheriff’s Office, Kenner Police Department, and Border Patrol in investigating this matter.  Assistant United States Attorneys Brandon S. Long and Theodore Carter were responsible for the prosecution.

Acting U.S. Attorney Duane A. Evans announced that CLARK McALPIN, age 37, of New Orleans, pled guilty Wednesday to participating in a methamphetamine distribution conspiracy throughout the New Orleans area.  Specifically, McALPIN pled guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of a mixture of methamphetamine. 

 

According to court documents, in 2016, codefendant STEVEN LYONS was a New Orleans-based drug trafficker who was receiving parcels of methamphetamine via common mail carriers.  McALPIN would assist LYONS in distributing the quantities of methamphetamine in the New Orleans area. 

 

LYONS pled guilty to conspiracy to distribute between 15 and 45 kilograms of methamphetamine and is scheduled to be sentenced on November 1, 2017.

 

For his role in the conspiracy, McALPIN 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 Ivan L.R. Lemelle set sentencing for McALPIN on January 24, 2018.

 

Acting 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.

Acting United States Attorney Duane A. Evans announced that ALLAN ROSALES-BENITEZ, age 32, a native of Honduras, pled guilty yesterday to a one-count Indictment for illegal entry of a removed alien.

 

According to court documents, ROSALES, was previously removed from the United States on July 11, 2012. He was later found in the Eastern District of Louisiana on May 27, 2017 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.

 

ROSALES faces a maximum term of imprisonment of two years, as well as a fine of $250,000. United States District Court Judge Lance M. Africk set sentencing for November 30, 2017.

 

Acting 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.

Acting U.S. Attorney Duane A. Evans, announced that LUIS ALONSO MUNOZ-MADRID, age 35, pled guilty today to being in the United States illegally.

        

According to the court documents, on August 29, 2017, MUNOZ-MADRID, a citizen of Honduras, was found in the Eastern District of Louisiana after having been previously deported from the United States on December 14, 2011.  

 

MUNOZ-MADRID faces a maximum term of imprisonment of two years and a fine of $250,000, or the greater of twice the gross gain to the defendant, one year of supervised release after imprisonment, and a $100 special assessment.   Sentencing will be held before the Honorable Nannette Jolivette Brown on November 30, 2017.

 

Acting U.S. Attorney Evans praised the work of the Immigration and Customs Enforcement in investigating this matter.

Acting U.S. Attorney Duane A. Evans, announced that LUIS ALONSO MUNOZ-MADRID, age 35, pled guilty today to being in the United States illegally.

        

According to the court documents, on August 29, 2017, MUNOZ-MADRID, a citizen of Honduras, was found in the Eastern District of Louisiana after having been previously deported from the United States on December 14, 2011.  

 

MUNOZ-MADRID faces a maximum term of imprisonment of two years and a fine of $250,000, or the greater of twice the gross gain to the defendant, one year of supervised release after imprisonment, and a $100 special assessment.   Sentencing will be held before the Honorable Nannette Jolivette Brown on November 30, 2017.

 

Acting U.S. Attorney Evans praised the work of the Immigration and Customs Enforcement in investigating this matter.

Acting U.S. Attorney Duane A. Evans announced that QUINTON COOKS, 36, of California, was sentenced today after previously pleading guilty to two counts of possession of a firearm after having been convicted previously of a domestic violence offense. 

 

U.S. District Judge Eldon E. Fallon sentenced COOKS to 41 months imprisonment, followed by 3 years of supervised release and a $200 special assessment.

 

According to court documents, on April 26, 2015, New Orleans Police Department (“NOPD”) detectives responded to the 3700 block of Earhart Boulevard because of reported gunshots.  They observed an empty vehicle that had sustained several gunshots still running and in drive, with a door ajar.  There were spent casings trailing down the sidewalk.  The detectives encountered COOKS at the scene.  Detective determined that COOKS exchanged gunfire with another vehicle and then hid the firearm in a nearby residence.  The detectives recovered the firearm hidden in a shoe in the closet of the residence.

 

A week later, on May 3, 2015, Louisiana State Police troopers observed a hand-to-hand transaction between a pedestrian and a vehicle that was stopped on Loyola Avenue near Julia Street in New Orleans.  COOKS and two others occupied the vehicle.  As the troopers approached the vehicle, they detected a strong odor of marijuana emanating from within the vehicle, and observed the passengers making suspicious movements.  The troopers searched the vehicle and recovered two firearms with extended magazines and a plastic bag containing marijuana.  COOKS testified in state court that one of the firearms belonged to him.

 

Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Louisiana State Police, and the New Orleans Police Department for investigating this matter. Assistant United States Attorneys Maria M. Carboni and Matthew R. Payne were in charge of the prosecution.

Acting United States Attorney Duane A. Evans announced that DAMIAN BARBARITO ROMERO, age 37, of New Orleans, was arrested yesterday after previously being indicted for one-count of possession of images and videos depicting the sexual exploitation of children under the age of twelve years old.

 

If convicted, ROMERO faces a maximum term of imprisonment of 20 years, followed by up to a lifetime of supervised release, and a $250,000 fine.  ROMERO 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.

 

Acting 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.

 

Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation Violent Crimes Against Children Task force, which includes members of the Kenner Police Department in investigating this matter.  Assistant United States Attorney Jordan Ginsberg is in charge of the investigation.          

Acting U.S. Attorney Duane A. Evans announced that JOSE MANUEL MAZON-DE DIOS, age 32, a citizen of Mexico, pled guilty today to a one-count Indictment charging him with illegal reentry of a removed alien.

 

According to court documents, MAZON-DE DIOS, reentered the United States after he was previously deported on April 5, 2013. 

 

If convicted, MASON-DE DIOS faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.  U.S. District Judge Kurt D. Engelhardt set sentencing for January 3, 2018.

 

Acting 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.

Acting U.S. Attorney Duane A. Evans announced that MICHAEL KWAN, age 33, and TRAM HOANG NGUYEN, age 31, both of Westwego, were charged last week in a four-count Indictment with violations of the Federal Controlled Substances Act and conspiracy to commit money laundering.

 

According to the Indictment, KWAN conspired to distribute more than 1000 kilograms of marijuana and possessed with intent to distribute a quantity of cocaine and steroids. KWAN and NGUYEN also are charged with having conspired to launder the drug trafficking proceeds.

 

If convicted on the marijuana conspiracy charge, KWAN faces a term of imprisonment of at least 10 years and up to life, a fine of up to $10,000,000, and at least five years of supervised release following any term of imprisonment. If convicted of possessing with intent to distribute a quantity of cocaine, KWAN faces a term of imprisonment of up to 20 years, a fine of up to $1,000,000, and at least three years of supervised release following any term of imprisonment. Additionally, if convicted of possessing with intent to distribute steroids, KWAN faces a term of imprisonment of up to 10 years, a fine of up to $500,000, and at least two years of supervised release following any term of imprisonment.

 

If convicted of conspiracy to commit money laundering, KWAN and NGUYEN both face terms of imprisonment of up to 20 years, fines of the greater of $500,000 or twice the value of the property involved in the illicit transactions, and up to five years of supervised release following any term of imprisonment.

 

Acting U.S. Attorney Evans reiterated that the Indictment is merely an allegation and that the guilt of each defendant must be proven beyond a reasonable doubt.

 

Acting 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 Nicholas D. Moses and Jeffrey Sandman are in charge of the prosecution.

Acting U.S. Attorney Duane Evans announced that DERRELL JOSEPH, 38, of Reserve, was charged last week in a four-count Indictment for violations of the Federal Controlled Substances Act.  Specifically, JOSEPH was charged with conspiracy to distribute and possess with the intent to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin, and violations of the Federal Gun Control Act, including use of a firearm in furtherance of a drug trafficking crime.

 

If convicted, JOSEPH faces a mandatory minimum sentence of 5 years of imprisonment and a maximum sentence of 40 years of imprisonment, up to a $5,000,000 fine, at least 4 years of supervised release, and a $100 Mandatory Special Assessment Fee as to the drug charge.  Additionally, if convicted of use of a firearm in furtherance of a drug trafficking crime, JOSEPH faces an additional 5 year consecutive term.

 

Acting U.S. Attorney Evans reiterates that the Indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.

 

Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the St. John Parish Sheriff’s Office for investigating this crime.  Assistant United States Attorney James S. C. Baehr is in charge of the prosecution.

 

Acting U.S. Attorney Duane A. Evans announced that GARRICK JONES, age 38, and RESHAD FRANK, age 39, both of Reserve, pled guilty yesterday to charges relating to narcotics trafficking, illegal possession of a firearm, and retaliation against a witness. 

 

According to court documents, JONES conspired with others to distribute at least 28 grams of cocaine base (“crack”), and FRANK conspired to distribute a quantity of cocaine hydrochloride.  For the drug charges, JONES faces a term of imprisonment of at least five and up to forty years, a fine of $5,000,000, and at least four years of supervised release following any term of imprisonment.  FRANK faces a term of imprisonment of up to twenty years, a fine of $1,000,000, and at least three years of supervised release following any term of imprisonment. 

 

JONES also pled guilty to retaliating against a witness for information provided to law enforcement relating to the commission of a federal offense.  For that charge, JONES faces a term of imprisonment of up to twenty years, a fine of $250,000, and up to three years of supervised release following any term of imprisonment. 

 

JONES, who was previously convicted of a felony, also pled guilty to illegal possession of a firearm by a felon.  JONES possessed a Smith and Wesson .38 caliber pistol.  For that charge, JONES faces a term of imprisonment of up to ten years, a fine of $250,000, and three years of supervised release following any term of imprisonment. 

 

 Judge Jane Triche Milazzo set sentencing for January 18 2018. 

 

Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office in investigating this matter.  Assistant U.S. Attorney Nicholas D. Moses is in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that MONICA SYLVEST, age 52, of Marrero, was sentenced today after previously pleading guilty to health care fraud.

 

U.S. District Judge Susie Morgan sentenced SYLVEST to serve one year and one day imprisonment, restitution in the amount of $536,724, and three years of supervised release. 

 

According court documents, from August 2014 through September 2016, SYLVEST worked as a Practice Administrator for a local pediatric clinic. During her employment, SYLVEST embezzled and diverted to her personal use approximately $536,724 in medical reimbursements from the Medicaid program in connection with the delivery of and payment for health care benefits, items, and services paid to the clinic.  As the Practice Administrator, SYLVEST utilized a business credit card issued by American Express and made over $536,000 in unauthorized charges to purchase several luxury items including a Harley Davidson motorcycle, custom diamond jewelry, and collectible artwork.  SYLVEST then accessed her employer’s bank account containing the Medicaid reimbursements to make transfers and payments to cover the illegal purchases.  SYLVEST disguised the payments made to American Express as “biologicals” or “vaccinations” in order to make it appear that the expenses were related to the normal operations of the clinic.    

 

Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Office of Inspector General for the U.S. Department of Health and Human Services in investigating this matter.  The prosecution of this case is being handled by Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.

Acting U.S. Attorney Duane A. Evans announced that KENNETH JOHNS, age 45, of Rosharon, Texas, was charged today in a three-count indictment in relation to the veracity of blowout preventer testing on an offshore oil and gas platform located at Ship Shoal 225 positioned on a federal mineral lease in the Gulf of Mexico.  Specifically, JOHNS is charged with one count of conspiracy to obstruct justice and make false documents, and two counts of making false statements to agencies or departments of the United States.

 

According to court documents, on or about November 27, 2012, production and well workover operations were being conducted on the platform and the blowout preventer system had to be tested. A blowout preventer system is designed to ensure well control and prevent potential release of oil and gas and possible loss of well control.

 

On or about November 28, 2012, JOHNS and another worker created a false blowout preventer test.  The next day when Bureau of Safety and Environmental Enforcement (BSEE) inspectors conducted a routine compliance inspection of the platform, the fabricated blowout preventer pressure test chart was presented to the BSEE inspectors with the expectation that it would be a passing test and the inspectors would not find the platform to be in non-compliance for failing to properly test the blowout preventer system.  JOHNS signed the fabricated pressure chart and a schematic of the testing sequence as if he had actually been involved in the BOP testing.

 

During subsequent investigation of the veracity of the blowout preventer test by the Department of Interior, JOHNS lied and told investigators the BOP chart with his signature was pre-signed and that he had been testing a pump when he made the chart.  

              

If convicted, JOHNS faces a maximum term of imprisonment of 5 years per count and/or a maximum fine of $250,000 per count.  

 

Acting U.S. Attorney Evans praised the work of the Department of Interior-Office of Inspector General (Energy Investigations Unit) with assistance from the Investigations and Review Unit, Bureau of Safety and Environmental Enforcement and the Environmental Protection Agency-Criminal Investigation Division in investigating this matter.  Assistant United States Attorney Emily K. Greenfield of the United States Attorney’s Office’s National Security Unit is in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that MARTHA OJEDA, age 41, of Pflugerville, Texas, pled guilty as charged yesterday to a one-count Bill of Information charging her with interstate travel with intent to engage in illicit sexual conduct.

 

According to the court documents, in late February 2017, OJEDA met the minor, a fifteen-year-old boy who resided in Franklinton, Louisiana, on a social networking website.  From late February until early April, OJEDA and the minor engaged in sexually explicit correspondence, including simulating sexual intercourse and other sexual contact and plans to engage in sexual acts in the future, on numerous occasions.  During the correspondence, OJEDA requested and received sexually explicit images and videos of the minor via a social media-based instant messaging application.  In early April, OJEDA and the minor made plans for OJEDA to travel to Louisiana to pick up the minor and return to Texas together for the purpose of engaging in sex and spending the rest of their lives together. On about April 8, 2017, OJEDA traveled by commercial bus and then by taxi from Texas to the minor’s Franklinton home.  OJEDA and the minor then travelled back to New Orleans, where they stayed in a hotel room together and engaged in sexual intercourse.  On about April 9, 2017, OJEDA and the minor travelled via commercial bus from New Orleans to Houston for the purpose of engaging in living together in a romantic relationship.   OJEDA and the minor then moved to Pflugerville, where they lived together until the minor was recovered by Special Agents with the Federal Bureau of Investigation on May 12, 2017. 

 

OJEDA faces a maximum term of imprisonment of not more than 30 years followed by between 5 years and a lifetime of supervised release, and a $250,000 fine.  OJEDA may also be required to register as a sex offender.  U.S. District Judge Jane Triche Milazzo set sentencing for December 14, 2017.

 

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

Acting U.S. Attorney Duane A. Evans announced that BRANDON SMITH, age 29, and CHELSIE WILLIAMS, age 24, both of New Orleans, pled guilty yesterday to making false statements to a federally licensed firearms dealer and possession of a firearm by a convicted felon.

 

According to court documents, SMITH and WILLIAMS unlawfully possessed and made false statements concerning a rifle.  

 

Both SMITH and WILLIAMS face 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 for each count.  U.S. District Judge Carl J. Barbier set sentencing for January 11, 2018. 

 

Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives for investigating this matter.  Special Assistant U.S. Attorney J. Ryan McLaren is in charge of the prosecution.

Acting U.S. Attorney Duane A. Evans announced that SALVADOR TENOCO-RODRIGUEZ, age 40, a citizen of Mexico, was charged yesterday in a one-count Bill of Information with illegal reentry of a removed alien after deportation, in violation of  Title 8 U.S.C. Section 1326(a) and (b)(2).

 

According to the Bill of Information, TENOCO-RODRIGUEZ reentered the United States on or about August 29, 2017, after having been previously removed therefrom on or about October 27, 2006.  

 

If convicted, TENOCO-RODRIGUEZ faces a maximum term of imprisonment of twenty years, a fine of up to $250,000, three years supervised release after imprisonment, and a $100 special assessment.

 

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

 

Acting 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 Irene González is in charge of the prosecution.