Eastern District of North Carolina

RALEIGH – The United States Attorney for the Eastern District of North Carolina Robert J. Higdon, Jr., announced that yesterday in federal court today, Chief United States District Judge James C. Dever III, sentenced JAMES EARL SUTTON, 55, of Kinston, NC to 108 months of imprisonment followed by 3 years of supervised release.

 

SUTTON was named in an Indictment filed on February 28, 2017 along with two other individuals, alleging conspiracy to commit robbery and subsequent counts.  SUTTON subsequently pled guilty to two counts in the Indictment, Hobbs Act robbery and brandishing a firearm in furtherance of a crime of violence. 

 

The investigation began in August of 2015, after a robbery occurred at the U.S. Cellular Store in Beulaville, North Carolina.  Additional robberies occurred in Kinston, Pink Hill, Faison, Kenansville, and Snow Hill, North Carolina.  Law Enforcement identified SUTTON and co-defendants and associates Keenan Drake, Charles Nobles and Kindra Arnold, as suspects in these robberies. 

 

This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

 

The Duplin County Sheriff’s Office, the Kenansville Police Department, the Lenoir County Sheriff’s Office, the Kinston Police Department, the Snow Hill Police Department, the New Bern Police Department, and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case.  Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.

Attorney General Jeff Sessions today announced the appointment of nine new U.S. Attorneys to serve two-year terms on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC). The AGAC was created in 1973 and reports to the Attorney General through the Deputy Attorney General. AGAC represents the U.S. Attorneys and provides advice and counsel to the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys.

 

The new appointees include: U.S. Attorney for the Southern District of Alabama Richard Moore; U.S. Attorney for the District of Utah John W. Huber; U.S. Attorney for the District of Columbia Jessie K. Liu; U.S. Attorney for the Northern District of Ohio Justin E. Herdman; U.S. Attorney for the Eastern District of North Carolina Robert Higdon; U.S. Attorney for the Northern District of Oklahoma Robert Trent Shores; U.S. Attorney for the Southern District of Indiana Joshua Minkler; U.S. Attorney for the Eastern District of Missouri Jeff Jensen; and Acting U.S. Attorney for the District of Alaska Bryan Schroder.

 

U.S. Attorney Richard Moore will serve as the Chair of AGAC, and U.S. Attorney John W. Huber will serve as the Vice Chair.

 

“I am pleased to announce the first members of the Attorney General’s Advisory Committee under this administration. These U.S. Attorneys will play an important role in carrying out the Department of Justice’s mission to reduce violent crime, combat transnational criminal organizations, secure our southern border, end the devastating opioid crisis, and return to the rule of law,” said Attorney General Sessions.

 

A brief bio on each nominee is below:

 

Richard Moore (Chair)

The Senate confirmed Richard Moore’s appointment as United States Attorney for the Southern District of Alabama in September 2017.  Prior to this appointment, Mr. Moore served as the Inspector General for the Tennessee Valley Authority.  From May 2009 to March 2011, Mr. Moore was the Chairman of the Investigations Committee for the Council of Inspectors General on Integrity and Efficiency.  Prior to this position, Mr. Moore served as an Assistant United States Attorney for the Southern District of Alabama from 1985 to 2003.  From 1997 to 1998, Mr. Moore was an Atlantic Fellow in Public Policy at Oxford University in England.  Mr. Moore received his B.S., summa cum laude, from Spring Hill College and his J.D. from the Samford University Cumberland School of Law.

 

John W. Huber (Vice Chair)

Since June 2015, John Huber has served as the United States Attorney for the District of Utah, and in August 2017, the Senate again confirmed his appointment.  Prior to being United States Attorney, Mr. Huber served as an Assistant United States Attorney for thirteen years.  Mr. Huber began his prosecutorial career in the Weber County (Utah) Attorney’s Office, and later served as the Chief Prosecutor for West Valley City, Utah, before joining the United States Attorney’s Office in 2002.  Mr. Huber received his B.A. from the University of Utah and his J.D. from the University of Utah College of Law.

 

Justin E. Herdman

The Senate confirmed Justin Herdman’s appointment as United States Attorney for the Northern District of Ohio in August 2017.  Prior to this appointment, Mr. Herdman was a partner at Jones Day and an Assistant United States Attorney in Cleveland, Ohio.  Mr. Herdman previously served as an Assistant District Attorney in New York City from 2001 to 2005 and as an associate at Vorys, Sater, Seymour and Pease, LLP.  He is currently a Judge Advocate General in the United States Air Force Reserve.  Mr. Herdman received his B.A. from Ohio University, his Master of Philosophy from the University of Glasgow and his J.D. from Harvard Law School.

 

Robert Higdon

The Senate confirmed Robert Higdon to be United States Attorney for the Eastern District of North Carolina in October 2017.  Prior to this appointment, Mr. Higdon was a partner at the law firm of Williams Mullen.  He previously served as an Assistant United States Attorney in both the Western and Eastern Districts of North Carolina.  In the Eastern District U.S. Attorney’s Office, Mr. Higdon served as Chief of the Criminal Division for more than 11 years.  Mr. Higdon also served as senior trial counsel in the Public Integrity Section of the Department of Justice.  He received his B.A., cum laude, from Wake Forest University and his J.D. from Wake Forest University School of Law.

 

Jeff Jensen

The Senate confirmed Jeff Jensen to be United States Attorney for the Eastern District of Missouri in October 2017.  Prior to this appointment, Mr. Jensen was a partner at Husch Blackwell LLP.  He served as an Assistant United States Attorney in the Eastern District of Missouri starting in 1999, and was Executive United States Attorney from 2005 to 2009.  Prior to joining the U.S. Attorney’s Office, Mr. Jensen was an FBI Special Agent from 1989 to 1999.  While working at the FBI, Mr. Jensen attended St. Louis University School of Law at night, graduating magna cum laude.  He also received his B.A., cum laude, from Indiana University School of Business.

 

Jessie K. Liu

The Senate confirmed Jessie Liu to be United States Attorney for the District of Columbia in September 2017.  Ms. Liu was previously Deputy General Counsel for the United States Department of the Treasury and a partner at the law firms of Morrison & Foerster LLP and Jenner & Block LLP.  In addition, she has served as an Assistant United States Attorney in the District of Columbia and in several senior positions in the United States Department of Justice, including as Deputy Assistant Attorney General in the Civil Rights Division, counsel to the Deputy Attorney General, and deputy chief of staff for the National Security Division.  Ms. Liu clerked for then-Chief Judge Carolyn Dineen King of the United States Court of Appeals for the Fifth Circuit.  She received her A.B., summa cum laude, from Harvard University and her J.D. from Yale Law School.

 

Joshua Minkler

The Senate confirmed Joshua Minkler to be United States Attorney for the Southern District of Indiana in October 2017.  Since June 2015, Mr. Minkler had served as the interim United States Attorney for the Southern District of Indiana.  Prior to that position, he served for 21 years as an Assistant United States Attorney in the Southern District of Indiana.  Before he joined the U.S. Attorney’s Office, Mr. Minkler served for five years as an assistant prosecuting attorney in the Office of the Kent County Michigan Prosecuting Attorney.  Mr. Minkler received his B.A. from Wabash College, and his J.D. from Indiana University Maurer School of Law.  

 

Bryan Schroder

Bryan Schroder’s nomination to be United States Attorney for the District of Alaska is pending in the Senate.  Mr. Schroder is currently the Acting United States Attorney for the District of Alaska, and previously served as the First Assistant United States Attorney and Criminal Chief.  Mr. Schroder has served in the U.S. Attorney’s Office for more than 11 years.  Mr. Schroder is a retired Captain in the U.S. Coast Guard, having served for 24 years.  Mr. Schroder graduated from the U.S. Coast Guard Academy and the University of Washington School of Law.

 

Robert Trent Shores

The Senate confirmed Robert Trent Shores to be United States Attorney for the Northern District of Oklahoma in September 2017.  Prior to this appointment, Mr. Shores was an Assistant United States Attorney in the Northern District of Oklahoma.  Mr. Shores previously served as First Assistant Attorney General for the State of Oklahoma and deputy director for the Department of Justice’s Office of Tribal Justice, where he developed initiatives to promote public safety in Indian Country.  Mr. Shores received his undergraduate degree from Vanderbilt University and his J.D. from the University of Oklahoma College of Law.

 

 

 

RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging JOSE RAUDILIO ACOSTA-HERNANDEZ, age 28, of Honduras, SAUL CISNEROS-FRANCO, age 52, of Mexico, AGRIPINO CRISOSTOMO-LOPEZ, age 38, of Guatemala, JORGE GOMEZ-PEREZ, age 48, of Mexico, JOSE QUINVERO, age 36, of El Salvador, MARIO SANTANA, age 29, of Mexico, JOSE CARMEN SOTO, age 44, of Mexico, and VICTORIANO VALENZUELA-ROJAS, with Illegal Reentry of a Deported Alien.

 

Additionally, a federal grand jury in Raleigh has returned an indictment charging MARIA ASUNCION LUCAS-MENDEZ, age 31, of Guatemala, with False Representation of a Social Security Account Number, and Aggravated Identity Theft.

 

If convicted of Illegal Reentry of a Deported Alien, ACOSTA-HERNANDEZ, found in Robeson County, CRISOSTOMO-LOPEZ, found in Pitt County, GOMEZ-PEREZ, found in Pender County, QUINVERO, found in Wake County, SANTANA, found in Sampson County, SOTO, found in Harnett County, and VALENZUELA-ROJAS, found in Duplin County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

CISNEROS-FRANCO, found in Wilson County, is alleged to have been previously deported subsequent to aggravated felony convictions (trafficking in a controlled substance and illegal reentry of an aggravated felon). Therefore, if convicted, he would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

If convicted of False Representation of a Social Security Account Number and Aggravated Identity Theft, LUCAS-MENDEZ, found in Wayne County, would face maximum penalties of seven years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

The charges and allegations contained in the indictments are merely accusations.  The defendants are presumed innocent unless and until proven guilty in a court of law.

 

The cases are being investigated by ICE’s Enforcement and Removal Operations, and Homeland Security Investigations.

RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina and William F. Baxley, Assistant Special Agent in Charge of the Drug Enforcement Administration’s Charlotte District Office announce that Americans nationwide did their part to reduce the opioid crisis by bringing the DEA and its more than 4,200 local and tribal law enforcement partners a record-setting 912,305 pounds—456 tons—of potentially dangerous expired, unused, and unwanted prescription drugs for disposal at more than 5,300 collection sites. That is almost six tons more than was collected at last spring’s event. This brings the total amount of prescription drugs collected by DEA since the fall of 2010 to 9,015,668 pounds, or 4,508 tons.

 

The Eastern District of North Carolina collected the following amount of dosage units of prescription drugs:  Raleigh 8,500, Jacksonville 4,000,and Greenville 1,108.  All were collected at return sites set up by the DEA in the Eastern District of North Carolina.

 

Now in its 8th year, National Prescription Drug Take Back Day events continue to remove ever-higher amounts of opioids and other medicines from the nation’s homes, where they could be stolen and abused by family members and visitors, including children and teens.  The DEA action comes just days after President Donald J. Trump announced the mobilization of his entire Administration to address drug addiction and opioid abuse by directing the declaration of a Nationwide Public Health Emergency to address the opioids crisis.

 

This initiative addresses a vital public safety and public health issue.  Medicines that languish in home cabinets are highly susceptible to diversion, misuse and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs.  Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards.

 

Helping people to dispose of potentially harmful prescription drugs is just one way DEA is working to reduce the addiction and overdose deaths plaguing this country due to opioid medications.

 

DEA’s next Prescription Drug Take Back Day is April 28, 2018.

RALEIGH – The United States Attorney for the Eastern District of North Carolina Robert J. Higdon, Jr., announced that in federal court today, United States District Judge Terrence W. Boyle Howard, sentenced ERVIN RODELL HUGHES, 39, of Weldon, NC to 75 months of imprisonment followed by 3 years of supervised release.

 

HUGES was named in an Indictment filed on July 24, 2017.  On August 3, 2017, HUGHES pled guilty to Possession with Intent to Distribute a Quantity of Cocaine and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.

 

The investigation began in April 2016, after the Halifax County Sheriff’s Office (HCSO) received information from a confidential informant (CI) that HUGHES was selling cocaine from his residence in Weldon. Consequently, between April 13, 2016, and June 8, 2016, the HCSO utilized a CI to conduct two controlled purchases of cocaine totaling .73 gram from HUGHES at his home.

 

On June 10, 2016, the HCSO executed a search warrant at HUGHES’ residence.  HUGHES was present during the search.  Inside HUGHES’ bedroom closet, law enforcement found a loaded .380 Caliber handgun, 7.06 grams of cocaine, and two digital scales. Law enforcement also located a small-unspecified quantity of marijuana, a marijuana grinder, and other drug paraphernalia inside HUGHES’ home.

 

This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

 

The Halifax County Sheriff’s Office and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case.  Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.

GREENVILLE – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced KYARA NICOLE JONES, 21, of Eden, North Carolina, to 108 months of imprisonment followed by 5 years of supervised release and ordered to pay $4,477.07 in restitution.

 

On January 12, 2017, JONES pled guilty to carjacking and using, carrying, and brandishing a firearm during and in relation to a crime of violence and possessing and brandishing a firearm in furtherance of a crime of violence.  According to the Indictment and information in the public records, on July 31, 2015, JONES and her codefendant David Earl Gill, Jr., forced entry into a residence in Louisburg, North Carolina.  Gill was armed with a sawed off shotgun and JONES was armed with a golf club.  During the carjacking, JONES violently struck the victim in the face multiple times with the golf club causing permanent injury.  JONES and Gill forced the homeowner into a closet, barricaded the door with furniture, and took the homeowner’s vehicle.  Gill was previously sentenced to 216 months for his role in this offense on September 12, 2017.

 

JONES and Gill continued their crime spree in the stolen vehicle throughout multiple states.  On August 5, 2015, law enforcement officers in McIntosh, Georgia arrested JONES and Gill when they located them driving the stolen vehicle from Louisburg, North Carolina.

 

This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

 

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Franklin County Sheriff’s Office, Rockingham County Sheriff’s Office, the McIntosh, Georgia, Sheriff’s Office, and the Henry County, Georgia, Police Department.  Assistant U.S. Attorney Jane Jackson prosecuted the case for the Eastern District of North Carolina.

RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that in federal court yesterday, Senior United States District Judge W. Earl Britt, sentenced GARRETT RITSON YOUNG, 36, of Jacksonville to 180 months of imprisonment followed by 20 years of supervised release.

YOUNG was named in a fourteen-count Superseding Indictment filed on May 10, 2017.  On July 18, 2017, YOUNG pled guilty to one count of Manufacturing Child Pornography.

On January 4, 2016, the Craven County Sheriff’s Office (CCSO) responded to a residence in Vanceboro, North Carolina, after a concerned parent called 911 and stated a man, later identified as YOUNG, was naked in bed with their 15-year-old son.  During an interview with the son, investigators learned he met YOUNG via online social media.  According to the son, he and YOUNG engaged in sexual activity numerous times between November 1, 2015, and January 4, 2016, and they also exchanged nude photos and videos of each other during the that time frame.

 

As a result, YOUNG was arrested for Contributing to the Delinquency of a Minor and Indecent Liberties with a Minor.  YOUNG was interviewed by the CCSO on January 11, 2016, and admitted having an ongoing sexual relationship with the victim.  On January 12, 2016, the CCSO executed a search warrant at YOUNG’S residence in Jacksonville.   During the search, a ScanDisk memory card and a cellphone were seized and forwarded to the Federal Bureau of Investigation for a forensic examination, which revealed 291 images and 201 videos of child exploitation material (CEM). 

 

Further forensic examination of YOUNG’S computer hardware revealed CEM that involved prepubescent minors and minors who had not attained the age of 12.  Additionally, the CEM included sadistic and/or masochistic conduct, as depicted in an image of a young male who was blindfolded with a gag in his mouth, a chain wrapped around his neck, and his hands and feet bound behind him.

 

Investigators interviewed YOUNG again on January 13, 2016, at which time he admitted making the videos of himself having sex with a 14-year old female, and he acknowledged collecting CEM since he was 14 years old.  YOUNG also admitted making a video of himself having sex with another minor female, who is the daughter of YOUNG’S former employer.

 

This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level.  For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.

 

The Craven County Sheriff’s Office and the Federal Bureau of Investigation conducted the criminal investigation of this case.  Assistant United States Attorney Peggah B. Wilson handled the prosecution of this case for the government.

RALEIGH - United States Attorney Robert J. Higdon, Jr. announced that DAMIEN NOWELL of Raleigh was convicted following a jury trial of two federal firearms violations.  The charges arose from a search warrant executed at NOWELL’S residence at 2416 Evers Drive in Raleigh on February 4, 2015.

 

In a jury trial held before Chief United States District Judge James C. Dever, III, NOWELL was convicted of possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm.  The evidence presented at trial revealed that as members of the Raleigh Police Department Gang Suppression Unit began to execute a search warrant at the defendant’s residence, NOWELL was located in a bathroom attempting to flush approximately 70 grams of cocaine down the toilet.  The cocaine was recovered.  During the search, a Beretta .40 caliber handgun was recovered from underneath an air mattress in NOWELL’s bedroom, loaded with 14 rounds of ammunition, including one in the chamber.  A search following the arrest resulted in the recovery of an additional 7 grams of cocaine from NOWELL’s person, in addition to over $1,400.00 in cash.  NOWELL confessed to the cocaine but denied possession of the firearm.

 

NOWELL was also charged with federal narcotics offenses, to which he pled guilty at an earlier hearing.  Chief Judge Dever scheduled sentencing for February 5, 2018.  NOWELL faces a maximum of 10 years in prison for the felon in possession offense, plus a mandatory minimum of 5 consecutive years for the possession of the firearm in furtherance of a drug trafficking crime.  He faces a maximum of 20 years for the drug crimes to which he pled guilty earlier.

 

This case is part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

 

Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Raleigh Police Department.  Assistant United States Attorney John Bennett is prosecuting the case.

NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr. announced that in federal court yesterday, United States District Judge Louise W. Flanagan, sentenced ELTON WAYNE WALSTON, age 66, of Wilson, to 324 months imprisonment followed by 3 years of supervised release.

 

On June 22, 2017, WALSTON was found guilty of one count of distributing heroin that resulted in the death of a Wilson, N.C. man, one count of possession with intent to distribute heroin, one count of illegally possessing a firearm and ammunition, and four counts of distribution of heroin. 

 

In 2015, the Wilson Police Department and Drug Enforcement Administration (DEA), Raleigh, North Carolina, identified WALSTON as a source of heroin in the Wilson, Greenville, and Nash County areas.  Investigation confirmed that the defendant sold heroin on multiple occasions including a sale that led to the death of a Wilson man, in March of 2015.

 

SARAH ANNE MOLLENHAUER, 32, of Anthem, Arizona was also sentenced to 45 months of imprisonment and 3 years of supervised release.  MOLLENHAUER pled guilty to a Superseding Criminal Information on November 15, 2016 that charged her with Distribution of a Quantity of Heroin and Aiding and Abetting.

 

The evidence presented at the same trial revealed that on March 27, 2015, MOLLENHAUER notified the mother of the man who died that her son was not breathing and that he was at his brother’s residence on Dover Road in Wilson. At the scene, officers located and questioned MOLLENHAUER.  Specifically, MOLLENHAUER advised that she and the victim “hung out” on the evening of March 26, 2015. Furthermore, MOLLENHAUER advised that she left the victim around 12:30am on March 27, 2015, to meet her boyfriend.  MOLLENHAUER returned to the residence with her boyfriend, a nurse, to check on the victim who was lying on the floor with his eyes closed and breathing heavily.  MOLLENHAUER and her boyfriend left the residence at 1:30am. MOLLENHAUER indicated she returned at 5:30am to again check on the victim’s condition.  At that time, she found the victim lying on the bathroom floor and not breathing.  He was pronounced dead on the scene by responding EMS personnel at 6:21 am.

 

“Heroin and other opioids are a deadly plague across our country.  Our office - along with the entire U.S. Department of Justice - is determined to hold accountable those who deal these deadly drugs to enrich themselves.  This prosecution is an example of that determination,” said Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina.

 

“This guilty verdict is a victory for law enforcement and the citizens of North Carolina.  DEA and our law enforcement partners are committed to bringing to justice those who prey on individuals who are unfortunately addicted to this poison.  Hopefully, this verdict, will bring some comfort to the families impacted by Mr. Walston’s illegal activities,” said DEA Special Agent in Charge Daniel R. Salter.

 

The case was investigated by the DEA Raleigh Resident Office, Wilson Police Department, North Carolina State Office of the Chief Medical Examiner, the North Carolina State Bureau of Investigations Crime Lab, and the Bureau of Alcohol Tobacco and Firearms (ATF).  The federal prosecution was handled by Special Assistant United States Attorney Benjamin O. Zellinger and Assistant United States Attorney Edward D. Gray.  Mr. Zellinger is a prosecutor with the Wake County District Attorney’s Office.  Wake County District Attorney Lorrin Freeman has assigned Mr. Zellinger to the United States Attorney’s Office, pursuant to funding provided by the state of North Carolina as allocated by the North Carolina Conference of District Attorneys, to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.    

NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that Wednesday, a federal jury in New Bern found JAMES CURTIS DENTON guilty of conspiracy to manufacture and distribute methamphetamine and possession and transportation of an explosive by a drug user with the intent to injure or kill an individual.

 

DENTON was named in a superseding indictment originally filed on May 3, 2016, which included a drug conspiracy with four co-defendants and other drug offenses.  He was arrested shortly thereafter.  While in custody and after further investigation, DENTON was named in a second superseding indictment including the explosive charges on August 2, 2016.

  

In the early morning of May 28, 2015, an improvised explosive device (IED) constructed of PVC pipe, black powder, and pellets was affixed under the vehicle of DENTON’S ex-spouse’s boyfriend’s vehicle.  Later that day, the IED exploded as the victim was driving down a neighborhood street.  Fortunately, the victim was unharmed.  During the investigation, it was discovered that DENTON was involved in drug use, and, as the drug investigation continued, evidence regarding DENTON’s motive to place the IED was revealed.  Investigators and the federal prosecutor were able to tie DENTON to the IED based on the statements and interviews of multiple witnesses, including a co-defendant who accompanied DENTON to the neighborhood when he placed the IED.

 

At sentencing, DENTON faces a mandatory minimum sentence of 5 years imprisonment and a maximum of 40 years imprisonment.

 

Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Cary Police Department.  Assistant United States Attorney Jason Kellhofer represented the government.

WILMINGTON – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina announces that a federal grand jury in Wilmington has returned indictments charging ERICK TABORA-TABORA, age 36, of Honduras, and RIGOBERTO TREJO-PONCE, age 37, of Mexico, with Illegal Reentry of a Deported Alien.

 

If convicted, TABORA-TABORA, found in Wake County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

TREJO PONCE, found in Johnston County, is alleged to have been previously deported subsequent to a felony conviction (possession of drugs). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

 

The cases are being investigated by ICE’s Enforcement Removal Operations.

RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that in federal court on October 20, 2017, United States District Judge Terrence W. Boyle, sentenced JOSEPH KELVIN ABERANT, 60, of Clayton, NC to 200 months of imprisonment followed by 3 years of supervised release.

ABERANT was named in a four-count Superseding Indictment filed on March 22, 2017.  On July 17, 2017, ABERANT pled guilty to Possession of a Firearm by a Convicted Felon, Possession of Ammunition by a Felon, and Knowingly Making a False and Fictitious Statement to a Firearms Dealer during Acquisition and Aiding and Abetting.

On August 11, 2016, investigators with the Johnston County Sheriff's Office (JCSO) responded to a residence on Waymon Way in Clayton in response to a shooting.  The caller advised that a man had been intentionally shot by her father, JOSEPH ABERANT.  ABERANT drove away from the scene of the shooting before responding law enforcement and medical personnel arrived.   The victim suffered seven gunshot wounds to various parts of his body, including his thigh, head, back, right arm, torso, and chest. He was transported to a hospital via ambulance for treatment of his injuries and required surgery.  

 

Investigators subsequently located a .22 caliber rifle which had an empty magazine and a bag of ammunition in the field across the street from the residence. Further investigation revealed that ABERANT’s wife, Marie Aberant, purchased the firearm for her husband, who was a felon, earlier that day.

 

ABERANT was discovered by investigators driving his vehicle in the vicinity and a traffic stop was attempted.  ABERANT refused to stop and led investigators on a chase that lasted several minutes.  During the chase, ABERANT drove through the yards of multiple residential properties, including one where young children were present in the yard, struck a bush and a fence with his vehicle, and reached speeds of up to 60 miles per hour.  ABERANT’S vehicle was eventually stopped and taken into custody. He declined to make a statement to investigators.

 

This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

 

The Johnston County Sheriff’s Office and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case.  Assistant United States Attorney Peggah B. Wilson handled the prosecution of this case for the government.

WASHINGTON – Attorney General Jeff Sessions recognized 202 department employees for their distinguished public service today at the 65nd Annual Attorney General’s Awards Ceremony.  Nineteen other individuals outside of the department were also honored for their work.  This annual ceremony recognizes individuals for their outstanding service and dedication to carrying out the missions of the Department of Justice.  The department will also present one posthumous award to Deputy Commander Patrick T. Carothers for exceptional heroism in the line of duty during a fugitive apprehension in Allenhurst, Georgia on Nov. 18, 2016, in which Deputy Commander Carothers was mortally wounded.

             

    Every single day, the 115,000 men and women of the Department of Justice work to protect our national security against terrorist threats, defend the civil rights of all Americans, reduce violent crime in our communities, stop deadly drug dealers and their organizations, and strengthen the rule of law,” said Attorney General Sessions.  “This work benefits every American, and each Department of Justice employee plays a role that helps us accomplish our objectives. Today, we take a moment to recognize those who have distinguished themselves by exemplary service to the Department. Each one of these men and women—through their dedication and commitment—has made a difference. Meeting with them and their families today, I am more confident than ever that the Department—and the safety of the American people—are in good hands.”

 

    Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina said:  “It is impossible to overstate the importance of the Melton case and the work of Mr. Duffy, Ms. Cooley and the entire trial team.  The kidnapping and torture of a family member of a prosecutor of our community strikes at the heart of the rule of law in our society.  If you are able to intimate prosecutors and law enforcement officers, we are left with little protection as citizens.  So, I am very pleased to recognize this prosecution and those who worked so diligently to protect the rule of law for us all.

 

    This year’s program honors individuals across the department and our federal, state, local, and tribal partners for their self-less efforts, protecting our national security and our civil rights, addressing rising violent crime in our communities, going after gangs and those trafficking in dangerous narcotics and human beings.  The awards also honor the work of civil and environmental litigation, which enforces the rule of law and upholds our Constitution.  They also recognize employees whose ideas and efforts save taxpayer dollars and help our government operate more effectively and efficiently, among other contributions to public safety and good governance.

    In the Eastern District of North Carolina Assistant United States Attorneys Dennis Duffy and Leslie Cooley received The John Marshall Award.  The John Marshall Awards are the Department's highest awards offered to attorneys, for contributions and excellence in specialized areas of legal performance.  Twelve awards in nine categories are presented this year.  The award is in the Trail of Litigation category for their outstanding performance in conviction of a United Blood Nation Member.

    This team is honored for its outstanding work in the conviction of United Blood Nation member Kelvin Melton in a jury trial, as well as the conviction by guilty plea of nine co-defendants, and the conviction of a tenth in a separate jury trial.  In April of 2014, Melton orchestrated the kidnapping and torture of an Assistant District Attorney’s father as retribution for his State conviction and life sentence, all while incarcerated in the State of North Carolina’s maximum security prison.  The victim spent five days bound to a chair, locked in a closet, deprived of food and water, beaten, tased, and forced to urinate on himself.  The Federal Bureau of Investigation was able to utilize cellular telephone analysis and a Title III wiretap to locate and rescue the victim just hours after Melton gave the order to have him killed, and arrest nine individuals who had perpetrated a string of heinous crimes culminating in the kidnapping.  The recipients conducted a sweeping probe into the North Carolina Department of Corrections to determine which corrupt officials were responsible for prisoner access to cellular telephones while incarcerated.  The team took a tremendous amount of evidence and created a cohesive and powerful trial presentation, diligently prepared a large number of gang members and inmates for trial, and distilled hundreds of thousands of pages of digital evidence into a succinct overview that led to Melton’s conviction of all counts.  The recipients accepted a case that posed significant personal risk, investigated and expertly prepared it for trial, and secured swift justice for one of the most dangerous criminals in the U.S. Attorney’s Office for the Eastern District of North Carolina’s history.

NEW BERN – The United States Attorney for the Eastern District of North Carolina Robert J. Higdon, Jr., District Attorney Scott Thomas, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) announce the arrests yesterday of eight defendants pursuant to three federal indictments for drug and firearms charges.

 

A 35-count indictment was returned by a federal grand jury on October 17, 2017.  The indictment charges nine defendants with conspiracy to distribute heroin and marijuana and various drug offenses, one defendant with operating a continuing criminal enterprise, and three defendants with firearm offenses arising out of a Title III wiretap investigation in Craven County.

 

The defendants include:

 

• CALVIN MARK WILSON, aka “Bali,” 33, of New Bern, NC
• MARIO CORRELLUS BARGNEARE, aka “Rio,” 38, of New Bern, NC
• WILLIE FRANK JAMES AHERN, aka “White, White Bread, Dribs,” 38, of Bayboro, NC
• DEREK JACQUAN WIGGINS, aka “DJ,” 37, of New Bern, NC
• ROY JAMES NOLON, aka “Henny,” 20, of New Bern, NC
• MICHAEL QUALEEK VELASQUEZ, aka “Moo Moo,” 22, of New Bern, NC (currently housed in the Bertie Correctional Institution)
• LAMAR HOSEA WIGGINS, aka “LB,” 39, of New Bern, NC
• LASHAWNNA JAQUETTE MCCOTTER, aka “Flossy,” 46, of New Bern, NC
• LATREKA DENISE HARDESTY, aka “T,” 26, of New Bern, NC
   

Additionally, ADRIENNE MICHELLE HALL, 34, of New Bern, NC, was indicted for conspiracy to distribute and possess with the intent to distribute heroin and for possession of heroin.  CAROLINE LOUISE HUGHES, 27, of Alliance, NC, also faces a 3-count indictment for conspiracy to distribute heroin and distributing heroin.

 

In addition to the federal arrests, three other individuals were arrested by the New Bern Police Department for state drug and firearm offenses.  Suquanna Robinson, 33, of New Bern, NC, was arrested for possession with intent to sell and deliver heroin and maintaining a dwelling.  Dwayne Stallings, 32, of Cove City, was arrested for possession of a stolen firearm.  Finally, Nassar Mack, 36, of New Bern, NC, was arrested for possession of a firearm by a felon.

 

 “The heroin epidemic is affecting the lives of citizens here in North Carolina and throughout the nation,” commented U.S. Attorney Higdon.  “In fact we are losing more than 3 North Carolinians to drug overdoses every day.  And, heroin and opioids are driving a significant portion of this devastating problem.  This prosecution reflects the commitment of this office and that of our state and local law enforcement partners in combatting this crisis and targeting those who put these dangerous drugs on the streets.”

 

District Attorney Scott Thomas said, “This coordinated investigation between local, state and federal agencies is part of our ongoing effort to combat violence and illegal drug activity in our area.  The fight against crime requires cooperation between law enforcement agencies and prosecutors at the state and federal levels to be successful. My office will continue to work closely with the United States Attorney’s Office as these and similar cases are investigated and prosecuted in the future.”

 

The Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF) Special Agent in Charge CJ Hyman stated, “One of ATF’s primary missions is to combat violent crime, and this investigation is a great example of the positive results that can be accomplished when we collaborate with our law enforcement partners to accomplish the common goal of making our communities safer.”

 

“I applaud the spirit of cooperation that exists at local, state and federal levels”, said New Bern's Chief of Police, Toussaint E. Summers, Jr., as he remarked on the arrests yesterday that represented a coordinated effort of more than two years. “The citizens of the City of New Bern, Craven County and eastern North Carolina can be assured that the law enforcement community as well as federal and state prosecutors will work together to use all available resources to remove drug traffickers from the streets of our community.”

 

All but two of the defendants charged in the federal indictments are in custody pending trial.  DEREK WIGGINS and LAMAR WIGGINS remain at large.

 

In addition to the arrests, law enforcement executed seven search warrants of residences in Craven County as part of a multi-year investigation into the violent drug trafficking organization.  This case was brought as a part of an Organized Crime Drug Enforcement Task Force (OCDETF) Operation entitled Operation 190.

 

The charges and allegations contained in the indictments are merely accusations.  The defendants are presumed innocent unless and until proven guilty in a court of law.

 

The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), New Bern Police Department, Jacksonville Police Department, Craven County Sheriff’s Office, Pamlico County Sheriff’s Office, the North Carolina State Bureau of Investigation, Onslow County Sheriff’s Office, Sampson County Sheriff’s Office, Trentwood Police Department, Carteret County Sheriff’s Office, Morehead City Police Department, and with the assistance of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA).

RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announced that in federal court on October 18 and October 19, 2017, United States District Judge Terrence W. Boyle sentenced five members of a marijuana and money laundering organization to active prison sentences.  Each of the defendants previously pleaded guilty to conspiracy to distribute and possess with the intent to distribute 100 kilograms or more of marijuana and conspiracy to launder monetary instruments. 

 

ALEXANDER WRIGHT FERGUSON, 31 years of age, from Suffolk, V.A., was sentenced to 42 months in prison for each count, to run concurrently.  FERGUSON will be on supervised release for 5 years upon his release from the Bureau of Prisons.  Additionally, Judge Boyle entered an order of forfeiture directing FERGUSON to forfeit $250,000 representing the gross proceeds of his drug trafficking.  FERGUSON paid $10,000 towards the amount owed at sentencing.

 

SAMUEL SETH SMITHWICK, 33 years of age, from Washington, N.C., was sentenced to 33 months in prison for each count, to run concurrently.  SMITHWICK will be on supervised release for 3 years upon his release from the Bureau of Prisons.  Additionally, Judge Boyle entered an order of forfeiture directing SMITHWICK to forfeit $36,270 seized upon SMITHWICK’S arrest. 

 

MICHAEL THOMAS HAAS, 55 years of age, from Pinehurst, N.C., was sentenced to 20 months in prison for each count, to run concurrently.  HAAS will be on supervised release for 3 years upon his release from the Bureau of Prisons.  Additionally, Judge Boyle entered an order of forfeiture directing HAAS to forfeit $1,000,000 representing the gross proceeds of his drug trafficking.  HAAS received a credit towards the amount owed for the $177,195.97 that was seized from his bank accounts upon his arrest.

 

BRYAN EDWARD BOUGH, 37 years of age, from Fernley, N.V., was sentenced to 18 months in prison for each count, to run concurrently.  BOUGH will be on supervised release for 4 years upon his release from the Bureau of Prisons.  Additionally, Judge Boyle entered an order of forfeiture directing BOUGH to forfeit $250,000 representing the gross proceeds of his drug trafficking. 

 

GEORGE ZORIO, 58 years of age, from Roseville, C.A., was sentenced to 33 months in prison for each count, to run concurrently.  ZORIO will be on supervised release for 4 years upon his release from the Bureau of Prisons.  Additionally, Judge Boyle entered an order of forfeiture directing ZORIO to forfeit $250,000 representing the gross proceeds of his drug trafficking.

 

The investigation revealed the marijuana and money laundering conspiracy began no later than 2010 and continued until 2014.   FERGUSON and SMITWICK had shipments of marijuana, supplied by BOUGH and ZORIO, sent from California and NEVADA to North Carolina and Virginia through the U.S. mail.  Later during the conspiracy, four shipments totaling 375 pounds of marijuana were transported via private jets, rented by HAAS.  FERGUSON and SMITHWICK reimbursed HAAS for the jet rentals, and paid HAAS a portion of the net proceeds of the marijuana sales.  The marijuana was distributed to FERGUSON and SMITHWICK’S customers in North Carolina, Virginia, and Hawaii.  The total amount of marijuana distributed during the conspiracy was in excess of 600 pounds.  Drug proceeds in the amount of $1,834,098 were laundered through various bank accounts in amounts less than $10,000 to evade the federal transaction reporting requirement.

 

The investigation was conducted by several federal, state, and local law enforcement agencies, including the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, North Carolina Alcohol Law Enforcement, the North Carolina State Bureau of Investigation, the Dare County Sheriff’s Office, and the Greenville Regional Drug Task Force.

 

The federal prosecution was handled by Special Assistant United States Attorney Glenn Perry.  Mr. Perry is a prosecutor with the Pitt County District Attorney’s Office.  Pitt County District Attorney Kimberly Robb has assigned Mr. Perry to the United States Attorney’s Office, pursuant to funding provided by the North Carolina Conference of District Attorneys, to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.

GREENVILLE – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that on October 18, 2017 in federal court, GENESIS LEE WHITTED, JR., a 28-year-old male resident of Fayetteville, was convicted following a three-day trial before Senior United States District Judge Malcolm J. Howard. The jury found WHITTED guilty of conspiracy to distribute and possess with the intent to distribute cocaine base, six substantive distribution charges, and possession of a firearm in furtherance of a drug trafficking crime.

 

A Grand Jury in the Eastern District of North Carolina indicted WHITTED on December 21, 2016 for conduct that occurred in 2015.   

 

The evidence at trial showed that the WHITTED was the leader of a drug trafficking organization that regularly trafficked cocaine base (crack) throughout Fayetteville. The group used multiple locations, including a car wash on Pamalee Drive, for their drug distribution activities.

 

Witnesses testified that WHITTED regularly cooked powder cocaine into cocaine base, and that the Defendant was regularly armed with a handgun during his drug trafficking activities. On his chest, the Defendant even had a tattoo of a Pyrex measuring cup and a box of baking soda--both of which are used to “cook” powder cocaine into cocaine base.

 

During the fall of 2015, the Fayetteville Police Department and Federal Bureau of Investigation conducted a complex investigation of WHITTED’s drug operation, including electronic surveillance, physical surveillance, and controlled purchases of cocaine base from the WHITTED and others.

 

On November 18, 2015, WHITTED distributed cocaine base and possessed a firearm in furtherance of his drug distribution. WHITTED was recorded bragging that he had a “pocket rocket,” and that even though the gun was small, it was effective enough to kill someone if you shot the person twice in the chest. He also bragged that if he was stopped by the police, he would be able to throw the gun quickly before the police found it. Mr. Higdon said: “The Whitted drug trafficking organization was responsible for trafficking significant quantities of cocaine and crack in Fayetteville, and they protected their illegal business with guns.  Mr. Whitted boldly challenged the community and law enforcement with threats of violence.  I want to commend the FBI and the Fayetteville Police Department for their important work in this case.  Prosecutions like this across the Eastern District will be key to reducing our crime rate and making our communities safer.”

 

“The outcome of this investigation furthers law enforcement's commitment to reducing crime and keeping the community safe.  The hard work of local, state and federal law enforcement agencies is a testament to what persistence will do with a career criminal who had been plaguing the City of Fayetteville” said Fayetteville Chief of Police Gina V. Hawkins.

 

WHITTED was the last of his co-conspirators to be found guilty. Co-defendants Wayne Whitted and Joel McLaurin previously entered pleas of guilty and have been sentenced. WHITTED faces a mandatory minimum term of imprisonment of ten years, with a maximum term of imprisonment of life.

 

The case was investigated by the Fayetteville Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Scott Lemmon and Special Assistant United States Attorney Boz Zellinger represented the government in this case.

RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned an indictment charging OSCAR YOVANI SEVILLA SANTOS-CRUZ, age 42, of Honduras, with Illegal Reentry of a Deported Alien.

 

SANTOS-CRUZ, found in Wake County, is alleged to have been previously deported subsequent to a felony conviction (theft by shoplifting). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

The charge and allegation contained in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law. 

 

ICE’s Enforcement Removal Operations are investigating the case.

WILMINGTON – The United States Attorney for the Eastern District of North Carolina Robert J. Higdon, Jr. announced today that alleged members and associates of a narcotics trafficking organization operating out of Wilmington have been indicted for conspiring to distribute and possessing with the intent to distribute heroin, fentanyl, powder cocaine, and cocaine base (”crack”).  Additionally, firearm charges are pending against four of them.  

 

The 39-count Superseding Indictment was returned by a federal grand jury on September 26, 2017.   

 

All of the defendants are from Wilmington and the charges they face are listed below:

 

• VICTOR EUGENE DORM, aka “VI”; 29
  • Conspiracy to distribute and possess with intent to distribute twenty eight (28) grams or more of cocaine base (crack) and a quantity of powder cocaine
  • Conspiracy to distribute and possess with intent to distribute five (5) kilograms or more of powder cocaine
  • One count of manufacture, distribute, and possess with intent to distribute twenty-eight (28) grams or more of cocaine base (crack)
  • Eight counts of distribution and possess with intent to distribute heroin, fentanyl, crack cocaine, and/or powder cocaine
  • Two counts of use and carry a firearm during and in relation to the distribution and possession with intent to distribute heroin
  • One count of use and carry a firearm during and in relation to the manufacture, possess with intent to distribute, and distribution of crack cocaine and possession of the firearm in furtherance of the same
  • Six counts of possession of a firearm by a convicted felon

 

• RUFUS LAMAR PARKER a/k/a “Rudy Parker”; 27
  • Conspiracy to distribute and possess with intent to distribute twenty eight (28) grams or more of cocaine base (crack) and a quantity of powder cocaine
  • Six counts of distribution and possession with intent to distribute cocaine

 

• SYLVESTER LORENZO HOOPER, JR. a/k/a “Pocket Watch”; 26
  • Conspiracy to distribute and possess with intent to distribute twenty-eight (28) grams or more of cocaine base (crack) Possession of a firearm by a felon
  • Four counts of Distribution and possession with intent to distribute cocaine base (crack)

 

• JAMES FLOWERS, aka “Jamaal Greene”, “Chapo”, “Slick”; 24 
  • Conspiracy to distribute and possess with intent to distribute twenty eight (28) grams or more of cocaine base (crack) and a quantity of powder cocaine 
  • One Count manufacture, distribute, and possess with intent to distribute cocaine base (crack) and aiding and abetting
  • One Count use and carry a firearm during and in relation to a drug trafficking crime and possession of firearm in furtherance of such crime and aiding and abetting

• EUGENE TELPHIA GRADY, JR., aka “Taeo”; 31
  • Conspiracy to distribute and possess with intent to distribute a quantity of cocaine base (crack)
  • Three counts Distribution and possession with intent to distribute cocaine base (crack)

• JOSEPH ANTHONY VAUGHT, aka “Gotti”; 28
  • Distribute and possess with intent to distribute a of quantity of heroin
  • Conspiracy to distribute and possess with intent to distribute five (5) kilograms or more of powder cocaine
  • Use and carry a firearm during and in relation to a drug trafficking crime and possession of firearm in furtherance of such crime
  • Attempted interference with commerce by robbery and aiding and abetting
  • Possession of a firearm by a convicted felon

 

All of the defendants charged in the Superseding Indictment are in custody pending trial. 

 

The charges and allegations contained in the Superseding Indictment are merely accusations.  The defendants are presumed innocent unless and until proven guilty in a court of law.

 

The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); Wilmington Police Department, New Hanover County Sheriff’s Office; and the Brunswick County Sheriff’s Office.  The federal prosecution is being handled by Assistant United States Attorneys Dennis Duffy and Jacob Pugh.

RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that in federal court, before United States Magistrate Judge James E. Gates, DAMIN CHASE MARSHALL, of Fayetteville, North Carolina, was charged in a federal Criminal Complaint with one count of Aggravated Sexual Abuse by Force or Threat.

 

MARSHALL, a civilian, is alleged to have committed forcible rape against a female U.S. service member on the Fort Bragg Army Installation.  The United States Attorney’s Office pursued this crime as part of its responsibility to prosecute crime within United States military premises.

 

The charge and allegations contained in the Criminal Complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law. 

 

The case was investigated by the United States Army Criminal Investigation Command.    

GREENVILLE – The United States Attorney’s Office for the Eastern District of North Carolina announced that in federal court on October 10, 2017, Senior United States District Judge Malcolm J. Howard, sentenced QUINCEY TYRONE CHAMPION, 38, of Henderson, NC to 85 months of imprisonment followed by 3 years of supervised release.

 

CHAMPION was named in an Indictment filed on April 24, 2017.  On July 14, 2017, CHAMPION pled guilty to Possession of Ammunition by a Felon.

 

On December 17, 2016, officers with the Henderson Police Department responded to the Auto Brite Car Wash in reference to a shooting.  Upon arrival and while securing the crime scene, officers were approached by the victim’s cousin, who advised that he had taken the victim to the hospital.  The men were washing their vehicles when he heard three shots.  The victim ran toward another vehicle and then reported that he needed to go to the hospital.  They saw a tall male wearing a hoodie running towards the back of the car wash and jumping the fence.  One of the officers found two shell casings and one live bullet in the parking lot near the crime scene.  Meanwhile, another officer responded to Maria Parham Medical Center in Henderson to interview the victim, who had been admitted to the emergency room.  The victim stated that he was washing his vehicle at the car wash when he heard a gunshot and then felt a sharp pain in his left ankle.  The victim identified CHAMPION as the shooter.

 

     CHAMPION, a convicted felon, was in possession of ammunition on December 17, 2016.  Additionally, the defendant used or possessed a firearm or ammunition in connection with another felony offense, Assault with a Deadly Weapon Inflicting Serious Injury.

 

This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

 

The Henderson Police Department and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case.  Assistant United States Attorney S. Katherine Burnette handled the prosecution of this case for the government.

RALEIGH – United States Attorney Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge James C. Dever III sentenced TACARLOS ANTIGO MILLER, 39, of Wilmington, NC to 132 months imprisonment, followed by 3 years of supervised release.

 

MILLER was found guilty after trial by jury in June 2016, of conspiracy to distribute and possess with the intent to distribute heroin and two (2) counts of distribution of heroin. 

 

During the investigation, law enforcement used confidential informants (CIs) to make controlled purchases from MILLER.  Based on these controlled purchases and information regarding heroin trafficking by MILLER from 2013, until his arrest in May 2015, the defendant is accountable for at least 100 grams of heroin.  He also possessed a firearm in connection with his drug trafficking activities.

 

Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Wilmington Police Department, and the New Hanover County Sheriff’s Office.  Assistant United States Attorney Lawrence J. Cameron represented the government.

 

 

GREENVILLE – The United States Attorney’s Office for the Eastern District of North Carolina announced that yesterday in federal court, JUSTIN LAWRENCE DANIEL, 35, of Fayetteville, North Carolina, was sentenced to 12 months and a day in federal prison and 3 years of supervised release following his prior guilty plea to Health Care Fraud Conspiracy.  DANIEL was also ordered to make restitution of $1,961,176.56 to the Medicare program and $479,923.50 to the North Carolina Medicaid program.

 

United States Attorney Robert J. Higdon, Jr. stated, “This was a case of a corrupt pharmacist who mixed and sold non-covered pain cremes to the public, but who billed federal taxpayers millions for expensive pain pills through the Medicare and Medicaid programs.  I am happy to report not only that this pharmacist will be reporting to federal prison as punishment, but more importantly, that he has surrendered his pharmacy license and has already paid back $2 Million of the money he stole.  Mr. Daniels will never again be in a position to defraud patients, or taxpayers, using his pharmacy license.   I wish to congratulate our state and federal law enforcement partners on the outcome of this important conviction and sentencing.”

 

North Carolina Attorney General Josh Stein said, “Cheating Medicaid wastes tax dollars, and it’s unacceptable.  My office will continue our work to protect taxpayers and hold the healthcare providers who commit fraud accountable.”  

 

The Criminal Information to which DANIEL pleaded guilty, as well as information provided at the sentencing hearing, provided that between 2011 and 2015, DANIEL owned and operated Old Main Pharmacy, Inc. (“Old Main”) located in Pembroke and Rowland, North Carolina.  During that time period, DANIEL directed his staff to fraudulently bill the Medicare program and the North Carolina Medicaid Program for Ketoprofen extended release capsules that his pharmacy did not use when creating a compounded pain-relief cream sold by Old Main.

 

In addition to being sentenced to federal prison and serving a term of supervised release, DANIEL surrendered his North Carolina pharmacist’s license.   Prior to sentencing, DANIEL paid $2,000,000 to the court in anticipation of the sizable restitution judgment.

 

The investigation of this case was conducted by agents of the Medicaid Investigations Division of the North Carolina Attorney General’s Office; the United States Department of Health and Human Services Office of the Inspector General; with the assistance of the North Carolina Board of Pharmacy.  The investigation and prosecution of this matter was handled in a partnership between the United States Attorney’s Office for the Eastern District of North Carolina and the Medicaid Investigations Division of the North Carolina Attorney General’s Office.  Special Assistant United States Attorney John Parris of the Medicaid Investigations Division of the North Carolina Attorney General’s Office, and Assistant United States Attorney William M. Gilmore of the Economic Crimes Division of the U.S. Attorney’s Office, each represented the United States.

 

If you suspect Medicare fraud please report it by phone at 1-800-447-8477 (1-800-HHS- TIPS), or E-Mail at HHSTips@oig.hhs.gov.  To report Medicaid fraud in North Carolina, call the North Carolina Medicaid Investigations Division at 919-881-2320.

RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina, along with the Wake County District Attorney’s Office, hosted a conference today to provide patrol officers, investigators, first responders and narcotics and homicide detectives information regarding safety measures and investigative techniques necessary for working opioid and synthetic drug cases.  Representatives of the North Carolina State Bureau of Investigation, the Drug Enforcement Administration and the Office of North Carolina’s Chief Medical Examiner provided critical information regarding safety measures and evidence gathering and investigative techniques.   

 

United States Attorney Robert J. Higdon, Jr. welcomed conference participants with the following remarks:

 

“I wanted to be here with you this morning to open this important training conference because North Carolina is literally at the center of the opioid and synthetic crisis gripping our nation.  This crisis affects all of us.  In 2015 more than 52,000 Americans lost their lives to drug overdose.  And the numbers we have for 2016 show another increase - a big increase.  Based on preliminary data, nearly 60,000 Americans lost their lives to drug overdoses last year. This crisis is being driven primarily by opioids-prescription drugs, heroin and synthetic drugs like fentanyl.

 

Here in North Carolina we have seen an alarming increase in opioid related deaths.  In 2015 more than 1100 of our people lost their lives from opioid abuse - 1100 of our friends, neighbors, fellow North Carolinians.  More than three per day.

 

Across our communities we’re seeing more availability, higher purity, and lower prices.  As you know, drugs like heroin and cocaine are being laced with drugs like fentanyl - a substance 30 to 50 times more powerful than heroin.  As a result, the drugs on the street are now more powerful, more addictive, and more dangerous than ever before.  And they are not just dangerous for users; even being accidently exposed to just a few grains of fentanyl can kill a police officer or paramedic.

 

Today’s conference is designed to provide you with information and best practices about the safety measures you need to take as you investigate opioid and synthetic cases.  And, we hope, it will help you continue to hone your investigative skills as you collect evidence and prepare cases for prosecution - the prosecution of the traffickers who are pumping this poison into our communities.

To confront a crisis on this scale, we must take a comprehensive approach that includes prevention, enforcement and treatment.  You are on the front lines of our enforcement effort.  And as you investigate these cases, we want you to have every tool available to stay safe and to investigate these critical cases so that traffickers can be successfully prosecuted.

 

We in the United States Attorney’s Office stand behind you and we are prepared to prosecute opioid traffickers across the Eastern District of North Carolina.  Congress has given us many tools to help stem the tide of deadly opioids in our communities.

 

We will aggressively use mandatory minimum sentencing, stiff sentences for heroin and other Schedule I or II drugs, and enhanced sentences available where death or serious bodily injury occurs.  And where drug traffickers have been previously convicted of a felony drug offense, we will pursue the substantial enhanced sentences available under federal law.

 

Today’s training is one-step toward strengthening our collaboration and communication.  And I am very pleased that we are able to partner with Lorrin Freeman and her very fine staff at the Wake County District Attorney’s Office.  I know they share our deep commitment to fighting the problems in a comprehensive and aggressive way. And I know she shares our commitment to the safety and effectiveness of dedicated investigators and first responders like each of you.

 

As one who lives and works and who is raising a family here in Wake County, I thank you for the work you do every day to protect me, my wife and my two sons.  Thank you for your dedication and for the sacrifices you make for each of us.  And thank you for being here today and for your commitment to this important work. I hope and trust that the information that is shared today will help you stay safe and do your job more efficiently.  I look forward to working closely with you to protect our communities from the opioid and synthetic crisis.”

RALEIGH – Robert J. Higdon, Jr. has taken the oath of office to become the United States Attorney for the Eastern District of North Carolina.  Mr. Higdon was nominated by President Donald Trump on August 2, 2017 and confirmed by the United States Senate on September 28, 2017.  He took the oath of office from Chief United States District Judge James C. Dever.

 

Mr. Higdon stated, “It is an honor and a privilege to serve the people of the Eastern District of North Carolina as United States Attorney.  I am grateful to President Trump for this opportunity and I want to thank Senators Richard Burr and Thom Tillis for their strong support though the confirmation process.”

 

As U.S. Attorney, Mr. Higdon is the top-ranking federal law enforcement official in the Eastern District of North Carolina, which includes the 44 eastern most counties of North Carolina. He oversees a staff of 108 employees, including 51 attorneys and 57 non-attorney support personnel.  The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics.  The office also defends the United States in civil cases and collects debts owed to the United States.

 

Mr. Higdon, a Greensboro native, spent nearly 24 years as a federal prosecutor, including serving as an Assistant United States Attorney in both the Western and Eastern Districts of North Carolina.  He has supervised and prosecuted a wide range of criminal cases, including narcotic traffickers, white collar and public corruption matters, mail and wire fraud, bribery, false statements, Foreign Corrupt Practices, violations of the Federal Election Campaign Act, violations of import/export regulations, money laundering, theft of government property and violations involving government contracting and programs.  Mr. Higdon has been involved in a number of high-profile cases, including the investigation and resolution of violations by a private security firm, a criminal investigation that returned North Carolina's Original Copy of the Bill of Rights to the State more than 130 years after it was stolen by Federal Troops, the prosecution of numerous public officials in North Carolina and in other states and was co-lead counsel in the prosecution of former United States Senator and former Presidential candidate John Edwards.

 

Mr. Higdon received his J.D. in 1989 from the Wake Forest University School of Law and his B.A. in 1985 from Wake Forest University.  He is a member of the North Carolina State Bar and the State Bar of Georgia.

GREENVILLE – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced THOMAS PAUL KEELER, II, 48, from Raleigh to 240 months in prison, lifetime of supervision upon release and a $5,000.00 fine for the Receipt of Child Pornography (CP).  KEELER pled guilty to the charge on May 12, 2017.

 

On February 26, 2016, the Homeland Security Investigation (HSI) in Tampa, Florida contacted HSI in Raleigh utilizing an unidentified smart phone to post child pornography (CP) in several chatrooms. After identifying the subscriber of the chatroom, an undercover agent (UC), posing as the father of a 13-year-old female, subsequently contacted the individual.

 

The perpetrator’s chat conversations were graphic and explicit in nature as he repeatedly expressed a desire to meet the UC and his fictional 13-year-old daughter in person.  He and the UC subsequently arranged a meeting at the Red Roof Inn (RRI) in Cary, North Carolina. The suspect made it clear through his chat conversations that his intentions were to engage in sexually prohibited conduct with the 13-year-old female. Agents located the suspects profile page and utilized facial recognition software to identify THOMAS PAUL KEELER, II, a registered sex offender, as the individual utilizing the chatroom.

 

On March 24, 2016, agents arrested KEELER as he entered the RRI parking lot.  A search of KEELER’s vehicle incident to his arrest uncovered a condom and a pair of handcuffs. Additionally, the defendant’s smartphone was seized.  Subsequent to his arrest, KEELER provided an unprotected statement to authorities. Specifically, the defendant acknowledged being previously arrested and convicted of Transportation of Child Pornography; however, he noted that he pulled into the RRI parking lot in order to send a text to a friend.

 

A search warrant was executed on KEELER’s residence where agents seized two computers, a hard drive, and a flash drive. Additionally, several pairs of women’s underwear and multiple sex toys were located.  A forensic preview of the defendant’s smartphone revealed multiple groups in a chatroom utilized for CP, related to the distribution of CP.  Investigation confirmed the defendant acted as an administrator for one group that traded CP. In order to become a member of the group, an individual was required to post an image of CP or he/she was banned from entering the group.  KEELER also distributed/traded CP via a Dropbox account to members in the chat group.  Agents found 51 videos containing CP in Dropbox links.  Investigation also revealed KEELER engaged in multiple chat conversations with “young girls” between August 8, 2015, and March 24, 2016.

 

Forensic examination of KEELER’s smartphone and computer equipment revealed at least 1,433 images of CP and 470 videos containing CP.  KEELER’s collection of CP contained images and videos of infants.  Furthermore, several videos depicted sadistic or masochistic conduct or other depictions of violence.

 

KEELER was previously convicted of Transportation of Child Pornography in Interstate Commerce in this District on September 5, 2000.

 

The case was investigated by Homeland Security Investigations (HSI) and the Cary Police Department.  The federal prosecution was handled by Assistant United States Attorney Ethan A. Ontjes.

 

This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level.  For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.

WASHINGTON -  A former police officer with the Windsor, North Carolina Police Department was sentenced today to 180 months in prison for accepting bribe payments from a purported large-scale drug trafficking organization in exchange for protecting shipments of purported narcotics.  

 

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Robert J. Higdon, Jr. of the Eastern District of North Carolina made the announcement.

 Antonio Tillmon, 33, of Windsor, North Carolina, was sentenced by Senior U.S. District Court Judge Malcolm J. Howard.  In addition to the term of prison imposed, Judge Howard ordered Tillmon to serve five years of supervised release. In May 2017, Tillmon was found guilty of drug, firearm, and bribery charges following a week-long jury trial.  

 

According to trial evidence, Tillmon accepted $6,500 from undercover FBI agents posing as drug traffickers in return for transporting a total of 30 kilograms of heroin from North Carolina to Maryland on three separate occasions between August 2014 and April 2015.  On each occasion, Tillman carried with him his Windsor Police Department badge and a firearm, and was prepared to use his badge and fake documentation to evade drug interdiction by legitimate law enforcement.  The evidence at trial also showed that Tillmon was poised to participate in another drug run on a fourth occasion the day that he was arrested—and he had brought with him five firearms, including an assault rifle.

 

Fourteen other defendants, 12 of whom were law enforcement or correctional officers, were charged as a result of this investigation.  Those defendants all pleaded guilty to various offenses and were sentenced in June 2017.   

 

The case was investigated by the FBI’s Charlotte Division, Raleigh Resident Agency. The case is being prosecuted by Trial Attorneys Lauren Bell and Molly Gaston of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Toby W. Lathan of the Eastern District of North Carolina.

A former police officer with the Windsor, North Carolina Police Department was sentenced today to 180 months in prison for accepting bribe payments from a purported large-scale drug trafficking organization in exchange for protecting shipments of purported narcotics. 

 

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Robert J. Higdon, Jr. of the Eastern District of North Carolina made the announcement.

 

Antonio Tillmon, 33, of Windsor, North Carolina, was sentenced by Senior U.S. District Court Judge Malcolm J. Howard.  In addition to the term of prison imposed, Judge Howard ordered Tillmon to serve five years of supervised release. In May 2017, Tillmon was found guilty of drug, firearm, and bribery charges following a week-long jury trial. 

 

According to trial evidence, Tillmon accepted $6,500 from undercover FBI agents posing as drug traffickers in return for transporting a total of 30 kilograms of heroin from North Carolina to Maryland on three separate occasions between August 2014 and April 2015.  On each occasion, Tillman carried with him his Windsor Police Department badge and a firearm, and was prepared to use his badge and fake documentation to evade drug interdiction by legitimate law enforcement.  The evidence at trial also showed that Tillmon was poised to participate in another drug run on a fourth occasion the day that he was arrested—and he had brought with him five firearms, including an assault rifle.

 

Fourteen other defendants, 12 of whom were law enforcement or correctional officers, were charged as a result of this investigation.  Those defendants all pleaded guilty to various offenses and were sentenced in June 2017.   

 

The case was investigated by the FBI’s Charlotte Division, Raleigh Resident Agency. The case is being prosecuted by Trial Attorneys Lauren Bell and Molly Gaston of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Toby W. Lathan of the Eastern District of North Carolina.

NEW BERN – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, United States District Judge Louise W. Flanagan sentenced CALVIN TERRANCE DAVIS, 46, of Spring Lake, N.C., to 13 months of imprisonment followed by 5 years of supervised release.

 

DAVIS was named in a one-count Criminal Information on May 18, 2017.  On June 15, 2017, he pled guilty to one count of Criminal Sexual Abuse of a Ward.

 

On May 19, 2016, a Bureau of Prison (BOP) inmate, housed at the Federal Correctional Institution in Butner, North Carolina (FCI Butner), informed staff that she had been sexually assaulted by Correctional Officer CALVIN TERRANCE DAVIS on May 18, 2016. According to the victim, DAVIS forced the victim to perform oral sex on him.

 

Investigators collected clothing that belonged to the victim and sent it to the Federal Bureau of Investigation (FBI) lab for processing. A lab test confirmed that semen was present on the clothing, and a subsequent DNA test resulted in a positive match for DAVIS’s DNA.

 

The criminal investigation of this case was conducted by the U.S. Department of Justice, Office of the Inspector General.  Assistant U.S. Attorney Scott A. Lemmon prosecuted the case for the government.

GREENVILLE – The United States Attorney for the Eastern District of North Carolina announced that on September 11, 2017, in federal court, RICKY JAY BALL, 40, of Greenville, North Carolina, pleaded guilty to possessing a firearm as a convicted felon, altering a military discharge certificate, and two counts of obstruction of justice.

 

According to the Indictment and information in the public records, on June 3, 2016, officers with Greenville Police Department responded to BALL’s residence where they recovered a loaded firearm in his walk-in closet. BALL had a prior felony for possession of a firearm by felon, and had been recently charged by Greenville Police Department for impersonating a law enforcement officer.  BALL was on federal probation at the time of this offense, and a revocation hearing was scheduled for April 2017.

 

In April 2017, BALL obstructed justice by submitting false hospital records to a United States Magistrate Judge in order to get a continuance of his revocation hearing.  On May 17, 2017, during his revocation hearing in federal court, BALL again obstructed justice by presenting false letters from his employer and community service providers, false medical records, and an altered Military Discharge Certificate that misrepresented his reason for discharge from the United States Marine Corps.

 

On September 11, 2017, the Defendant pleaded guilty to all four counts in federal court. A sentencing hearing will be set at a later date.  BALL faces a maximum sentence of 41 years of imprisonment followed by 5 years of supervised release. 

 

The investigation was conducted by the Federal Bureau of Investigation and the Greenville Police Department.  Assistant U.S. Attorney Peggah B. Wilson prosecuted the case for the Eastern District of North Carolina.

NEW BERN – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that on September 18, 2017 in federal court, United States District Judge Louise W. Flanagan sentenced FREDDIE MONTRELL ANTHONY, 25, of Washington, N.C., to 70 months of imprisonment followed by 3 years of supervised release.

 

ANTHONY was named in an indictment filed on March 15, 2017.  On May 17, 2017, he pled guilty to one count of Possession of a Firearm and Ammunition by a Felon.

 

On June 28, 2016, officers assigned to the Gun Violence Reduction Unit with the Greenville Police Department were on patrol when they witnessed a group of individuals loitering outside the Pitt Street Mini-Mart, including ANTHONY.  As the officers pulled into the store parking lot, ANTHONY entered the store.  The officers followed ANTHONY and asked him why he entered the store.  ANTHONY repeated their questions and appeared nervous.  Officers learned that ANTHONY had an outstanding warrant for failure to appear. During a subsequent pat down, ANTHONY advised that he had bullets in his pocket. The officer located seven .380 caliber rounds in the defendant’s left front pocket.  ANTHONY stated that he had the .380 caliber rounds for two days and that he owned a gun, but it was at home where it was going to stay.  ANTHONY denied having a firearm in his possession.  Another officer searched the area where ANTHONY was seen when they first entered the store, and found a .380 caliber firearm wrapped in a grey sweatshirt.  The firearm was loaded with seven additional .380 caliber rounds.

 

This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

 

The criminal investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Greenville Police Department.  Assistant U.S. Attorney Peggah Wilson prosecuted the case for the government.

WASHINGTON - Five alleged members and associates of the Black Mob Gangstas/Donald Gee Family (BMG/DGF), a set of the Bloods streeg gang, have been indicted in a superseding indictment returned by a federal grand jury in Raleigh, North Carolina, for various gang-related crimes, including conspiracy to participate in racketeering, murder, witness tampering and related offenses.  Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department's Criminal Division, U.S. Attorney John Stuart Bruce of the Eastern District of North Carolina, Special Agent in Charge John A. Strong of the FBI North Carolina Field Office and Chief Cassandra Deck-Brown of the Raleigh Police Department made the announcement.

Demetrice Regus Devine aka Respect, 34, of Raleigh; Dontaous Demond Devine aka Scooch and Boochie, 28, of Raleigh; Demetrius Deshaun Toney aka Meat, 24, of Raleigh; Brandon Jowan Mangum aka B-Easy, 28, of Knightdale, North Carolina; and Shaiona Marie Smith aka Slyfox, 22, of Raleigh, were charged in a 12-count superseding indictment returned on September 21, in U.S. District Court for the Eastern District of North Carolina.  Four of the defendants charged in the indictment are in custody.

According to the indictment, the BMG/DGF is a set of the Bloods, a violent street gang with members operating in Raleigh, including the Haywood Street area, since the early 2000s.  The indictment alleges that the BMG/DGF Bloods have a detailed hierarchical structure.  Senior leadership, including Demetrice Regus Devine and Dontaous Demond Devine, regularly conducted formal meetings, collected dues from the rank and file members, and assaulted members who failed to pay dues or follow orders.  Gang members earned money for their dues through various criminal activities, including robberies, fraud schemes and drug distribution.  BMG/DGF members also committed various acts of violence in furtherance of the gang’s activities, including murder, attempted murder and assaults.

The indictment charges Demetrice Regus Devine, Dontaous Demond Devine, Toney and Mangum with conspiracy to participate in the racketeering activities of BMG/DGF Bloods and conspiracy to distribute narcotics.  Demetrice Regus Devine and Dontaous Demond Devine are also each charged with one count of murder in aid of racketeering and related offenses, among other crimes. 

The charges and allegations contained in the indictment are merely accusations.  The defendants are presumed innocent unless and until proven guilty in a court of law.

FBI and the Raleigh Police Department investigated the case.  Assistant U.S. Attorneys Dena King and Scott Lemmon of the Eastern District of North Carolina and Trial Attorney John C. Hanley of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.

# # #

Five alleged members and associates of the Black Mob Gangstas/Donald Gee Family (BMG/DGF), a set of the Bloods street gang, have been indicted in a superseding indictment returned by a federal grand jury in Raleigh, North Carolina, for various gang-related crimes, including conspiracy to participate in racketeering, murder, witness tampering and related offenses.  Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney John Stuart Bruce of the Eastern District of North Carolina, Special Agent in Charge John A. Strong of the FBI North Carolina Field Office and Chief Cassandra Deck-Brown of the Raleigh Police Department made the announcement.

Demetrice Regus Devine aka Respect, 34, of Raleigh; Dontaous Demond Devine aka Scooch and Boochie, 28, of Raleigh; Demetrius Deshaun Toney aka Meat, 24, of Raleigh; Brandon Jowan Mangum aka B-Easy, 28, of Knightdale, North Carolina; and Shaiona Marie Smith aka Slyfox, 22, of Raleigh, were charged in a 12-count superseding indictment returned on September 21, in U.S. District Court for the Eastern District of North Carolina.  Four of the defendants charged in the indictment are in custody.

According to the indictment, the BMG/DGF is a set of the Bloods, a violent street gang with members operating in Raleigh, including the Haywood Street area, since the early 2000s.  The indictment alleges that the BMG/DGF Bloods have a detailed hierarchical structure.  Senior leadership, including Demetrice Regus Devine and Dontaous Demond Devine, regularly conducted formal meetings, collected dues from the rank and file members, and assaulted members who failed to pay dues or follow orders.  Gang members earned money for their dues through various criminal activities, including robberies, fraud schemes and drug distribution.  BMG/DGF members also committed various acts of violence in furtherance of the gang’s activities, including murder, attempted murder and assaults.

The indictment charges Demetrice Regus Devine, Dontaous Demond Devine, Toney and Mangum with conspiracy to participate in the racketeering activities of BMG/DGF Bloods and conspiracy to distribute narcotics.  Demetrice Regus Devine and Dontaous Demond Devine are also each charged with one count of murder in aid of racketeering and related offenses, among other crimes. 

The charges and allegations contained in the indictment are merely accusations.  The defendants are presumed innocent unless and until proven guilty in a court of law.

FBI and the Raleigh Police Department investigated the case.  Assistant U.S. Attorneys Dena King and Scott Lemmon of the Eastern District of North Carolina and Trial Attorney John C. Hanley of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.

GREENVILLE – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that on September 20, 2017 in federal court, MITTESH DAS, a 48-year-old male resident of Atlanta, Georgia, was convicted following a three-day trial before Senior United States District Judge Malcom J. Howard.  The jury found DAS guilty of knowingly transmitting malicious code with the intent to cause damage to a U.S. Army computer used in furtherance of national security. 

  

A Grand Jury in the Eastern District of North Carolina indicted DAS on April 5, 2016 for conduct that occurred in 2014.

  

In November of 2014, a national level computer program responsible for handling pay and personnel actions for nearly 200,000 U.S. Army reservists began experiencing unusual issues.  Five of the servers associated with the program are located at Ft. Bragg, North Carolina.  Standard internal troubleshooting uncovered suspicious code that led to an investigation by the Army’s Criminal Investigation Command (CID).  The investigation revealed that in 2012, due to DAS’s vast experience with the system, the contracted company responsible for oversight of the computer system had subcontracted with DAS to assume lead responsibility for the system.  However, the contract was subsequently re-bid and awarded to a different company with a hand-over date of November 24, 2014.  The investigation revealed that DAS inserted malicious code - commonly referred to as a “logic bomb” – in the days leading up to the contract changeover and that the progressively destructive nature of this code began taking effect the day after the changeover. 

 

The damage had to be corrected through removal of the malicious code, restoration of all information and features, and a thorough review of the entire system to locate any further malicious code, amounting to a total labor cost to the U.S. Army of approximately $2.6 million.

 

“Cyber-sabotage is not a ‘prank.’  It is a very serious crime with real victims and real costs.  In this case, the crime cost taxpayers $2.6 million.  Thanks to great work by the investigators and prosecutor, Mr. Das is being held accountable for his criminal acts,” said John Stuart Bruce, United States Attorney for the Eastern District of North Carolina.

 

"We are very pleased with today's guilty verdict and will do everything in our power to help bring to justice those who attempt to sabotage or disrupt U.S. Army operations in the defense of our nation," said Director Daniel Andrews of the Computer Crime Investigative Unit, U.S. Army Criminal Investigation Command.  "Let this be a warning to anyone who thinks they can commit a crime in cyberspace and not get caught.  We have highly trained and specialized investigators who will work around the clock to uncover the truth and preserve Army readiness."

 

‎The case was investigated by U.S. Army Criminal Investigation Command, which received assistance from the Department of Homeland Security and the Johns Creek, Georgia, Police Department.  Assistant United States Attorney Jason Kellhofer represented the government in this case.

NEW BERN – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, United States District Judge Louise W. Flanagan sentenced KEITH WILLIAM DEICHERT, 47, of Raleigh, to 240 months of imprisonment followed by 15 years of supervised release. 

 

DEICHERT was named in a 21-count indictment filed on August 23, 2016.  On May 17, 2017, he pleded guilty to one count of the Manufacture of Child Pornography.

 

In February 2015, the Federal Bureau of Investigation (FBI) identified and seized a computer server which hosted a hidden bulletin board website dedicated to the advertisement and distribution of child pornography (Website A).  Website A also provided users with a forum to discuss matters pertinent to the sexual abuse and exploitation of children.  On February 20, 2015, authorities seized the computer server hosting Website A from a web-hosting facility in Lenoir, North Carolina.  Authorities were able to capture the usernames and IP addresses of individuals who accessed and downloaded child pornography (CP) from Website A.  One of the usernames and associated IP addresses seized during the investigation was “harris.”  The individual who used this moniker accessed CP on Website A on multiple occasions during the monitoring period.  Agents determined that the IP address associated with “harris” was controlled by Time Warner Cable (TWC).  In March 2015, an administrative subpoena was served to TWC which requested information related to the user of the IP address.  According to records received from TWC, the account belonged to DEICHERT.  Based on the information obtained, a search warrant was obtained for DEICHERT’s residence.

 

On October 29, 2015, agents executed the search warrant.  During the search, agents located and seized multiple computers and media storage devices.  Additionally, agents located two publications which depicted child pornography.  A third book described different types of sexual contact (including sexual contact between adults and children).  Moreover, two printed

publications, “How to Handle Encounters with Law Enforcement,” and “Surveillance and Counter Surveillance” were recovered.

 

     Forensic examination of the items seized revealed an extensive collection of CP.  Specifically, DEICHERT’s collection of CP included approximately 40,433 images and 1,661 videos. Additionally, law enforcement recovered more than 200 web cam videos from an external hard drive depicting child pornography that were recorded by DEICHERT during online chats with boys on the websites Chatroullete and Omegle.  A forensic analysis of the same hard drive revealed a program used to record videos streaming online, and a program that allows users to transpose previously recorded videos onto their personal webcam.  DEICHERT  used these programs to pretend to be a female, engaged in sexually explicit conduct with young boys, and then recorded videos of the boys engaging in such conduct. Because the defendant produced multiple videos involving both known and unknown victims, he has been classified as a repeat and dangerous sex offender against minors.

 

The criminal investigation of this case was conducted by the Federal Bureau of Investigation.  Assistant U.S. Attorney Peggah Wilson prosecuted the case for the government.

 

This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level.  For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.

RALEIGH – The United States Attorney Office for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, CHRISTINE HICKS THOMAS, 62, of Murfreesboro, North Carolina, pleaded guilty to Illegal Remunerations.  Under the terms of the plea agreement, THOMAS faces up to 5 years in prison, $25,000 in fines, and 3 years of supervised release.  Under additional terms discussed in court, THOMAS agreed to surrender her nursing license, to surrender any interest she has in companies that bill the government for health care services, and to be permanently excluded from Medicare and Medicaid programs.

 

According to the Criminal Information and evidence discussed in open court, THOMAS, a licensed nurse practitioner, agreed to sign off on orders authorizing various Medicaid recipients to receive outpatient behavioral health services.  In fact, THOMAS never evaluated the patients or made any clinical assessment of whether the services were medically necessary for the recipients.  In a recorded encounter in a parking lot, THOMAS accepted a cashier’s check in exchange for signing the orders.

 

The orders that THOMAS signed are required by Medicaid’s Managed Care Organizations as a prerequisite before a Medicaid provider can bill the government for outpatient behavioral health services.  Once authorization orders are signed, providers can lawfully bill the government for hundreds of thousands of dollars in outpatient behavioral health services, provided such services are actually rendered.

 

As a result of her conviction and plea, THOMAS will no longer be a licensed nurse practitioner, and will no longer be able to participate in government health care benefit programs such as Medicare and Medicaid.  She will also face a potential sentence of imprisonment.

 

This case is part of a broader investigation of a Medicaid fraud conspiracy carried out by Terry Lamont Speller; Donnie Lee Phillips, II; and Reginald Saunders, whose cases have already been sentenced.  The investigation also relates to the pending case against Shephard Lee Spruill, II.  Each of these cases are the subject of prior press releases.

 

     The investigation of this case was conducted by agents of the North Carolina State Bureau of Investigation assigned to the Medicaid Investigations Division of the North Carolina Attorney General’s Office; The Internal Revenue Service - Criminal Investigation; and the United States Department of Health and Human Services Office of the Inspector General, with the assistance of the Federal Bureau of Investigation.  The investigation and prosecution of this matter is being handled in a partnership between the United States Attorney’s Office for the Eastern District of North Carolina and the Medicaid Investigations Division of the North Carolina Attorney General’s Office.  Assistant United States Attorney William M. Gilmore of the Economic Crimes Division, and Special Assistant United States Attorney Daniel Spillman of the Medicaid Investigations Division of the North Carolina Attorney General’s Office, each represented the United States.

 

If you suspect Medicaid or Medicare fraud please visit the HHS OIG website at https://oig.hhs.gov/ and click on the Report Fraud button. To report Medicaid fraud in North Carolina, call the North Carolina Medicaid Investigations Division at 919-881-2320.

RALEIGH – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that yesterday in federal court, Chief United States District Judge James C. Dever, III sentenced RICKIE MARKIECE ATKINSON, 35, of Raleigh, to 240 months of imprisonment followed by 5 years of supervised release.

 

On February 6, 2017, ATKINSON pled guilty to one count of being a Felon in Possession of a Firearm and Ammunition.

 

On September 10, 2015, officers with the Raleigh Police Department (RPD) were conducting surveillance in an effort to locate ATKINSON, who was wanted for charges stemming from a shooting which occurred on September 1, 2015. Officers observed ATKINSON leaving the residence of his girlfriend and get into a vehicle; they arrested him shortly thereafter. Officers located five rounds of .38 caliber hollow-point ammunition in ATKINSON’S vehicle and a .38 caliber revolver, loaded with the same .38 caliber ammunition , under the mattress in the master bedroom of his girlfriend’s residence. On February 12, 2016, ATKINSON contacted his girlfriend from jail and asked her to “take responsibility” for the firearm, which she declined to do.

 

On November 14, 2015, RPD officers, again looking for ATKINSON, responded to a gas station on Person Street in Raleigh. They observed ATKINSON hunched over in the back seat of a vehicle and arrested him. Officers located a loaded .45 caliber handgun in the seat back directly in front of where ATKINSON had been sitting. The firearm had an obliterated serial number. Officers recovered an additional magazine containing .45 caliber ammunition in ATKINSON’S pants pocket. Further investigation revealed that the firearm had been reported stolen on November 7, 2015. A serial number restoration was later completed on the firearm which revealed the number to confirm that weapon was the one reported stolen.

 

Several threatening Facebook posts were later discovered by investigators on ATKINSON’S Facebook page. His Facebook page included a picture of ATKINSON holding a shotgun on September 30, 2015, and a picture of a handgun, which was posted on October 10, 2015.

 

The investigation was conducted by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant U.S. Attorneys Erin Blondel and Ellie Morales prosecuted the case for the government.

WILMINGTON – The United States Attorney’s Office announced today that KEJUAN TIZOM SHABAZZ SMITH, 24, of Wilmington, North Carolina, was sentenced in federal court to 327 months imprisonment after having been convicted of conspiracy to distribute heroin and possession of a firearm by convicted felon.

 

An investigation by federal and state law enforcement agencies revealed that SMITH was a leader of the Nine Trey Gangsters, a Wilmington-based subset of the United Blood Nation “UBN” street gang. During the months of July and August of 2016, law enforcement conducted a federal Title III wiretap on a cell phone used by SMITH. SMITH was intercepted communicating with subordinate gang members on a daily basis in furtherance of heroin distribution and gang-related crimes.

 

On August 4, 2016, SMITH stockpiled firearms and ammunition at a Wilmington residence in anticipation of traveling to Goldsboro the following day with subordinate gang members for the purpose of carrying out a hit on a rival gang member. That evening, law enforcement executed a search warrant at the residence, resulting in the seizure of 13 firearms, assorted ammunition, and a military grade ballistic vest.

 

Multiple co-defendants were charged and have already been sentenced in federal court in connection with this prosecution:

 

KHALIL DJOUR TRUESDALE was convicted of conspiracy to distribute heroin and sentenced to 78 months imprisonment. THEODORE PIERCE was convicted of heroin distribution and firearms offenses and sentenced to 102 months imprisonment. THEODORE HARDY was convicted of heroin distribution and sentenced to 84 months imprisonment. DAENZAL MURPHY was convicted of heroin distribution and sentenced to 14 months imprisonment. ALICIA RASHAWN JOHNSON was convicted of heroin distribution and sentenced to 13 months imprisonment. DARRELL TYKWAN ATKINSON was convicted of heroin distribution and sentenced to 14 months imprisonment. Co-defendants TAKEEM LEINARD COLLINS and KASHIF ARDE RHODES have entered guilty pleas and will be sentenced at a later date.

 

This case was brought as a part of an Organized Crime Drug Enforcement Task Force (OCDETF) Operation investigating narcotics distribution and gang activity.

 

Investigation of this case was conducted by the Federal Bureau of Investigation – Wilmington Safe Streets Task Force consisting of the Wilmington Police Department, the New Hanover County Sheriff’s Office, North Carolina State Highway Patrol, the Onslow County Sheriff’s Office, and the Jacksonville Police Department.

RALEIGH – United States Attorney John Stuart Bruce announced that today in federal court, Kenneth preston blevins, 29, of Lexington, South Carolina, was sentenced to 51 months imprisonment followed by 3 years of supervised release for theft and conversion of government property by Senior United States District Judge W. Earl Britt. BLEVINS was also ordered to pay $289,276 in restitution. BLEVINS previously pled guilty to that charge on May 1, 2017.

 

According to information in the public record, defendant KENNETH PRESTON BLEVINS was a Specialist (E-4) in the United States Department of the Army assigned to the Forward Support Company of the 1st Battalion, 3rd Special Forces Group. BLEVINS was a cook with a military occupational specialty of “92G,” that is, a food service specialist responsible for the preparation and service of food in field or garrison food service operations. From on or about September 1, 2012 through April 30, 2013, BLEVINS was deployed with his unit to Afghanistan. BLEVINS was assigned to the dining facility at Camp Dyer; the Special Forces camp at Jalalabad Air Base, a United States military base located approximately 80 miles east of Kabul, Afghanistan. At Camp Dyer, BLEVINS was responsible for overall operations of the dining facility. From April 22, 2014 through November 4, 2014, BLEVINS was re-deployed to Camp Dyer. Upon arriving at Camp Dyer in 2012, BLEVINS conspired with another local Afghan to steal and sell U.S. military Class 1 supplies, which include food and beverages such as protein powder and energy drinks, at a local bazaar off base. BLEVINS continued the scheme during his second deployment. To further the success of the scheme, BLEVINS threatened to fire local Afghan nationals if they did not participate in the theft scheme.

 

It is estimated that BLEVINS and his co-conspirators stole $289,276 worth of government Class 1 supplies. BLEVINS made approximately $50,000 in profits from the theft scheme. He wired $34,500 home via Western Union with the help of a local Afghan. He smuggled the remaining proceeds back to the United States by concealing the money in a TV.

 

“This prosecution demonstrates the commitment of our office, and the U.S. Department of Justice, to bring to justice those who steal from the American taxpayer and jeopardizes the mission of the brave men and women serving this nation overseas,” commented U.S. Attorney John Stuart Bruce.

 

John Spoko, Inspector General for Afghanistan Reconstruction (SIGAR) stated, "This case is an important reminder that crimes, no matter how big or small, committed by U.S. soldiers serving in Afghanistan betray the men and women serving honorably beside them."

 

Defense Criminal Investigative Service (DCIS) Special Agent in Charge John F. Khin, Southeast Field Office, commented, "This former U.S. Army Supply Specialist, while overseeing food supplies to our troops deployed to Afghanistan, betrayed his position of trust purely out of greed and for personal profit. This soldier conspired to steal hundreds of thousands of dollars in subsistence items intended for his fellow soldiers serving in a combat environment. Corruption and theft on this large scale undermines the integrity of the Department of Defense, wastes precious American taxpayer dollars, and detracts from the combat readiness and well-being of our Warfighters."

 

"The United States Army Criminal Investigation Command, Major Procurement Fraud Unit, along with our investigative partners and the U.S. Attorney's Office, will bring to justice those who attempt to divert funds or property from the U.S. Army and undermine the integrity of the Department of Defense," said Special Agent in Charge James T. Wallis, of the U.S. Army Criminal Investigation Command's Southeast Fraud Field Office. "Corruption and theft in the U.S. Army supply lines jeopardizes the safety and readiness of our warfighters."

 

The case was investigated by the Defense Criminal Investigation Service (DCIS), Army Criminal Investigation Command (CID), the Office of the Special Inspector General for Afghanistan Reconstruction (SIGAR), and the Federal Bureau of Investigation (FBI). The case was prosecuted by Assistant United States Attorney Banumathi Rangarajan.

GREENVILLE – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that yesterday in federal court, Senior United States District Judge Malcolm J. Howard sentenced LARICE SIMMONS, 38, of Charlotte, to 192 months of imprisonment followed by 5 years of supervised release.

 

On March 14, 2017, SIMMONS pled guilty to one count of being a Felon in Possession of a Firearm.

 

On April 9, 2016, a confidential informant (CI) reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that Nelson O’Nell Harrison and LARICE SIMMONS were trying to identify a drug dealer to rob. Agents then recorded Harrison and SIMMONS planning to murder and rob a drug dealer and an associate. Harrison’s and SIMMONS’S plans included details about how they would distract and then gun down the intended victims and then cover up the murders. ATF agents intercepted and arrested Harrison and SIMMONS at a gas station in Kinston, North Carolina as they were driving to the planned robbery location. Agents recovered a 9 mm firearm from the area where SIMMONS had been sitting in the vehicle. Harrison also pled guilty to Possession of a Firearm by a Felon and was sentenced to 108 months of imprisonment on August 8, 2017.

 

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Kinston Police Department. Assistant U.S. Attorney Erin Blondel prosecuted the case for the government.

RALEIGH – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, LIHN VAN NGUYEN, 39, of Fuquay-Varina, North Carolina, pleaded guilty to Bank Fraud. Under the terms of a plea agreement, NGUYEN faces up to 30 years in prison, $1,000,000 in fines, and 5 years of supervised release. Under additional terms discussed in court, NGUYEN also agreed to make restitution to victims, and to forfeit the proceeds of his offense.

 

According to the Criminal Information and evidence discussed in open court, between July of 2015 and February of 2016, NGUYEN was Manager for Retail and Business Banking at Yadkin Bank’s Preston Branch in Cary and Creedmoor Branch in Raleigh, within the Eastern District of North Carolina.

 

In or about 2014, L.S. was a customer of Yadkin Bank, where he maintained a checking account. or about June of 2015, NGUYEN established a line of credit at Yadkin Bank on behalf of L.S. L.S. did not desire to withdraw funds from the line of credit, but rather intended to only establish the credit to have funds available if needed.

 

On or about July 28, 2015 at 2:48 P.M., without knowledge or consent from L.S., NGUYEN established an “Online Banking Account” in the name of L.S. NGUYEN caused notifications regarding withdrawals from the account to be directed to an email address belonging to VAN NGUYEN, rather than L.S.

 

Beginning in or about July 29, 2015, and continuing through December 15, 2015, without knowledge or consent from L.S., NGUYEN caused disbursements from the Online Banking Account for the benefit of himself. Video surveillance showed NGUYEN depositing L.S.’s funds into NGUYEN’s personal accounts. The evidence further showed that NGUYEN used the funds to make mortgage payments and for other personal expenses.

 

Yadkin Bank was unaware of NGUYEN’s conduct at the time of the fraud, but terminated NGUYEN after it was discovered.

 

NGUYEN is presently scheduled to be sentenced on November 27, 2017.

 

The investigation of this case was conducted by the Federal Bureau of Investigation. Assistant United States Attorney William M. Gilmore, of the Economic Crimes Division, of the United States Attorney’s Office for the Eastern District of North Carolina, represents the United States.

RALEIGH –The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that Monday a federal jury found SANDY DARNELL LEDBETTER, a/k/a B Stacks, 26, of Durham, guilty of Conspiracy to Distribute and Possess with Intent to Distribute Cocaine and Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and aiding and abetting the same. At sentencing, LEDBETTER faces a mandatory minimum sentence of five (5) years’ imprisonment, and a maximum penalty of life imprisonment and a $250,000 fine.

 

Today, co-defendant NIRILLA ALLEN-KEARNEY, 49, was sentenced to 24 months’ imprisonment for Conspiracy to Launder Monetary Instruments in relation to this drug trafficking organization.

 

Previously, the following co-defendants pleaded guilty. Their information is below:

 

Maurio Tajara Mitchell, 34, of Durham, pleaded guilty to Conspiracy to Distribute and Possess with the Intent to Distribute five (5) kilograms or more of cocaine, one (1) kilogram or more of heroin and a quantity of marijuana; Conspiracy to Commit Money Laundering; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Distribution and Possession with Intent to Distribute a Quantity of Marijuana. Mitchell faces a mandatory minimum sentence of fifteen (15) years’ imprisonment and faces up to life imprisonment. His sentencing is set for the November 6, 2017, term of court.

 

Mark Anthony Daye, 47 of Durham pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute five (5) kilograms or more of cocaine, one (1) kilogram or more of heroin and a quantity of marijuana; and to Conspiracy to Launder Monetary Instruments. Daye faces a mandatory minimum sentence of 20 years’ imprisonment, and up to life imprisonment. His sentencing is set for the December 4, 2017, term of court.

 

Brian Jarrell Scott, 31, of Durham, pleaded guilty to Conspiracy to Possess with the Intent to Distribute 28 Grams or More of Cocaine Base, and Possession of a firearm in furtherance of a drug trafficking crime. On April 5, 2017, Scott was sentenced to ten (10) years (120 months) of imprisonment.

 

Demarcus Allen Medley, 26, of Durham, pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute Cocaine; and Conspiracy to Launder Monetary Instruments. His sentencing is set for October 23, 2017.

 

Keijuane Mantese Mack, 22, of Durham, pleaded guilty to Conspiracy to distribute marijuana and on December 15, 2016, was sentenced to five (5) months’ imprisonment.

 

Rashad Jackson, 25, of Durham, pleaded guilty to Conspiracy to Possess with the Intent to Distribute Marijuana, and on December 8, 2016, was sentenced to nine (9) months’ imprisonment.

 

Beginning in January of 2016, the Raleigh-Durham Safe Streets Task Force of the FBI conducted a Title III Wiretap investigation into the Mario Mitchell Drug Trafficking Organization (“Mitchell DTO”). The investigation revealed that the Mitchell DTO is responsible for shipping and receiving large quantities of powder cocaine in the Triangle area, provided by cartel members in Los Angeles, California. This powder cocaine was further broken down and distributed to mid-level and street-level dealers in the Durham, North Carolina, and surrounding areas. This organization was supported and protected by the members of the Omega Line of the United Blood Nation, active on the south side of Durham. This violent street gang is responsible for a significant portion of the gang violence that Durham has seen over the past several years. The evidence at trial showed that LEDBETTER, an amateur rapper on both the “Faculty Entertainment” label run by MITCHELL, and his own label “YF,” was responsible for distribution of narcotics and possession of weapons in furtherance of his drug trafficking activities on and near the area of Enterprise Street on the south side of Durham. LEDBETTER was primarily supplied by MITCHELL, who, along with DAYE, had the connection to the Los Angeles cartel members. Over the course of the conspiracy, LEDBETTER was arrested with multiple weapons and ammunition, spent shell casings tied to shootings in the Durham area, multiple ski masks, fifteen cellular telephones, over $14,000 in United States Currency, a money counter, and drug paraphernalia including digital scales and Pyrex containers used to cook cocaine base (crack), which also field tested positive for cocaine residue.

 

This case was brought as a part of an Organized Crime Drug Enforcement Task Force (OCDETF) Operation investigating narcotics distribution and gang activity.

 

The case was investigated by the FBI’s Safe Streets Task Force, the Internal Revenue Serivce Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Durham Police Department and the Durham County Sheriff’s Office. Assistant United States Attorney Leslie Cooley prosecuted the case on behalf of the government.

GREENVILLE – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned indictments charging JESUS URIEL CALLEJA-SANDOVAL, age 21, of Mexico, CARLOS FRANCISCO MONROY-ROSALES, age 37, of El Salvador, and CARLOS FREDDY NOLASCO-DEL ZID, age 26, of El Salvador, with Illegal Reentry of a Deported Alien.

 

If convicted of Illegal Reentry of a Deported Alien, NOLASCO-DEL ZID, found in Robeson County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

MONROY-ROSALES, found in Wake County, is alleged to have been previously deported subsequent to a felony conviction (criminal threats). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

CALLEJA-SANDOVAL, found in Wake County, is alleged to have been previously deported subsequent to an aggravated felony conviction (conspiracy to commit larceny from the person). Therefore, if convicted, he would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

 

The cases are being investigated by ICE’s Enforcement Removal Operations.

GREENVILLE – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced DAVID EARL GILL, JR., 26, of Louisburg, North Carolina, to 216 months of imprisonment followed by 5 years of supervised release and ordered to pay $4,477.07 in restitution.

 

On May 12, 2017, GILL pled guilty to carjacking and using, carrying, and brandishing a firearm during and in relation to a crime of violence and possessing and brandishing a firearm in furtherance of a crime of violence. Additionally GILL plead guilty to possession of a stolen firearm in the Northern District of Georgia.

 

According to the Indictment and information in the public records, on July 31, 2015, GILL and his codefendant Kyara Nicole Jones, forced entry into a residence in Louisburg, North Carolina. GILL was armed with a sawed off shotgun and forced the homeowner into a closet and barricaded the door with furniture and took the homeowner’s vehicle. Jones previously pled guilty for her role on January 12, 2017 and will be sentenced later this year.

 

On August 5, 2015, GILL pawned a shotgun that was reported stolen from Rockingham County at a store in McDonough, Georgia. The next day, law enforcement officers in McIntosh arrested GILL when they located him driving the stolen vehicle from Louisburg, North Carolina.

 

The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Franklin County Sheriff’s Office, Rockingham County Sheriff’s Office, the McIntosh, Georgia, Sheriff’s Office, and the Henry County, Georgia, Police Department. Assistant U.S. Attorney Jane Jackson prosecuted the case for the Eastern District of North Carolina and Assistant U.S. Attorney Bret Hobson prosecuted the case for the Northern District of Georgia.

RALEIGH – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced EDWIN LEO BROWN, 28, of Jacksonville, to 210 months of imprisonment followed by 3 years of supervised release.

 

On May 1, 2017, BROWN pled guilty to four counts of Possession with Intent to Distribute a Quantity of Cocaine Base (Crack) and one count of Possession of a Firearm by a Felon.

 

According to the Indictment and information in the public records, BROWN, was targeted as a distributor of narcotics in the Jacksonville area. It was determined that from at least November 2015 to April 2016, BROWN was a mid-level drug trafficker who distributed quantities of crack cocaine to his clientele in Onslow County, North Carolina. As a result, agents utilized a confidential informant (CI) to conduct several controlled purchases of crack cocaine from BROWN in Jacksonville.

 

On April 16, 2016, the Jacksonville Police Department responded to a call for service where the homeowner requested assistance in removing BROWN, who was drunk and disorderly, from a social gathering at her home. BROWN was verbally abusive toward the officer, and refused multiple directives from him to leave the presmises. During the attempt to arrest BROWN for being intoxicated and disruptive, BROWN pulled away from the officer, turned around, and swung with a closed fist, hitting the officer in the face. BROWN attempted to swing his fist a second time at the officer, but he missed. As the officer and BROWN tumbled to the ground, BROWN punched the officer in the nose, causing it to bleed. At some point during the struggle, BROWN, who possessed a loaded, concealed handgun, removed his firearm and used it to strike the officer on his head. The officer sustained a concussion, a partially-torn rotator cuff, a chipped tooth, and bruises and cuts to his head, face, and body.

 

A back-up officer arrived to assist in the struggle. BROWN continued his abusive behavior by punching and kicking the officer. BROWN continued to resist arrest, but was ultimately subdued and apprehended by both officers. Following the assault, officers seized BROWN’S firearm, a loaded 9mm handgun with one round in the chamber. During the entire struggle, the firearm was within a few feet of BROWN, and BROWN made multiple attempts to retrieve it.

 

The investigation was conducted by the Jacksonville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant U.S. Attorney Peggah Wilson prosecuted the case for the government.

RALEIGH – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging JOSE ABURTO-MORALES, age 22, of Mexico, JOSE ANTONIO ARROYO-FIGUEROA, age 31, of Mexico, RIGOBERTO CALMO-GOMEZ, age 40, of Guatemala, JOSE CAMPUZANO-RAMIREZ, age 52, of Mexico, JORGE DIAZ-CASTRO, age 35, of Honduras, RAUL GAYTAN-RODRIGUEZ, age 32, of Mexico, MAURICIO MATIAS PRUDENTE-CISNEROS, age 22, of Mexico, ALVARO RAMOS-HUINIL, age 43, of Guatemala, and MARTIN TORRES-MEDINA, age 47, of Mexico, with Illegal Reentry of a Deported Alien.

Additionally, a federal grand jury in Raleigh has returned an indictment charging GUADALUPE CRUZ-ESQUIVEL, age 38, of Mexico, with False Representation of a Social Security Account Number, False Representation of United States Citizenship with Intent to Engage Unlawfully in Employment in the United States, and Aggravated Identity Theft.

If convicted of Illegal Reentry of a Deported Alien, ABURTO-MORALES, found in Dare County, LOPEZ-DIAZ, found in New Hanover County, DIAZ-CASTRO, found in Johnston County, GAYTAN-RODRIGUEZ, found in New Hanover County, RAMOS-HUINIL, found in Johnston County, and TORRES-MEDINA, found in Wake County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

ARROYO-FIGUEROA, found in Wake County, and PRUDENTE-CISNEROS, found in Wake County, are alleged to have been previously deported subsequent to an aggravated felony conviction (assault with deadly weapon inflicting serious injury, and possession with intent to sell and deliver marijuana, respectively). Therefore, if convicted, they would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

CALMO-GOMEZ, found in Sampson County, and CAMPUZANO-RAMIREZ, found in Johnston County, are alleged to have been previously deported subsequent to a felony conviction (illegal reentry of a removed alien, and visa fraud, respectively). Therefore, if convicted, they would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

If convicted of False Representation of a Social Security Account Number, False Representation of United States Citizenship with Intent to Engage Unlawfully in Employment in the United States, and Aggravated Identity Theft, CRUZ-ESQUIVEL, found in Wayne County, would face maximum penalties of twelve years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

The cases are being investigated by ICE’s Enforcement Removal Operations and Homeland Security Investigations

RALEIGH – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that in federal court, Chief United States District Judge James C. Dever sentenced MATTHEW ASHLEY CUMMINGS, 26, of Hubert, NC to 144 months of imprisonment followed by 3 years of supervised release.

 

On May 22, 2017, CUMMINGS pled guilty to a four count indictment, consisting of two counts of Possession of a Firearm by a Felon, and one count each of Possession of Stolen Firearms and Attempted Interference with Commerce by Robbery.

 

The evidence established that during the early hours of September 3, 2016, CUMMINGS and an accomplice burglarized the Pamlico County home of a man who owns a gun show business. CUMMINGS broke into two gun safes and stole, among other things, over two dozen guns and approximately $241,000. The evidence further established that on November 2, 2016, CUMMINGS attempted to rob a fictitious heroin dealer in Wilmington, North Carolina. In doing so, CUMMINGS directed a confidential informant to pick him up in a car and to drive to a location where CUMMINGS retrieved a firearm to be used in the robbery. Officers arrested CUMMINGS enroute to the purported target and recovered the firearm in CUMMINGS’ possession.

 

The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Pamlico County Sheriff’s Office, and the Jacksonville Police Department. Assistant United States Attorney Jake D. Pugh is prosecuting this case on behalf of the government.

RALEIGH –United States Attorney John Stuart Bruce announced that today in federal court, Chief United States District Judge James C. Dever III sentenced KEVIN KHAALIQ BEAMON, 28, of Fayetteville, North Carolina, to 71 months imprisonment followed by 3 years of supervised release for Possession of a Firearm as a Convicted Felon and 19 months imprisonment for violating the terms of his federal supervised release, which will run consecutively.

 

On May 22, 2017, BEAMON pleaded guilty to the firearm charge. The evidence established that on May 1, 2016, BEAMON and a female passenger were on their way home from buying marijuana. BEAMON was driving and received a phone call that upset him and he argued with the female. As they approached the intersection outside the McDonalds at 6779 Raeford Road in Fayetteville, North Carolina, BEAMON pulled out a silver revolver and angrily fired it. The bullet struck the middle console of the car. BEAMON also pointed the firearm at the female and threatened to shoot her. The female jumped out of the car, and BEAMON fled the scene.

 

Concerned bystanders called 911 and officers with the Fayetteville Police Department responded to the scene and to an address associated with BEAMON. Officers observed the car BEAMON had been driving during the incident and saw the bullet hole in the console. Officers arrested BEAMON and quickly located the firearm he had illegally possessed and fired.

 

BEAMON had been on federal supervised release at the time of this innicident for a 2014 federal conviction of Conspiracy to Distribute and Possess with Intent to Distribute a Quantity of Heron.

 

The Bureau of Alcohol, Tobacco, Firearms and Explosives and Fayetteville Police Department conducted the investigation of this case. Assistant United States Attorney Daniel P. Bubar is prosecuting this case on behalf of the government

NEW BERN – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announces that today in federal court, United States District Judge Louise W. Flanagan sentenced DWIGHT CHRISTOPHER BROWN, 33, of Durham, to 120 months in prison followed by 3 years of supervised release. On February 14, 2017, BROWN was found guilty by a jury of being a Felon in Possession of a Firearm.

 

At trial the evidence showed that on January 19, 2016, a woman contacted the Durham Police Department and reported that her vehicle was stolen. She told officers that she previously allowed her ex-boyfriend, DWIGHT CHRISTOPHER BROWN, to use her vehicle during their relationship. On January 4, 2016, BROWN was supposed to pick her up from work; however, he did not show, and he had not returned any of her phone calls or texts.

 

On March 3, 2016, officers with the Raleigh Police Department, attempted to conduct a traffic stop on BROWN, who was driving the stolen vehicle. BROWN slowed and sped up several times before slowing down to almost a stop. BROWN then jumped out of the vehicle and fled the scene as the vehicle continued to roll forward until a passenger, placed the vehicle in park. While pursuing BROWN, the officer observed him carrying a handgun. During the pursuit, another officer observed BROWN unsuccessfully attempt to load a round into the chamber of the pistol. BROWN then threw the pistol next to a Waffle House and continued to flee the scene. While in pursuit, BROWN ran across the road with oncoming traffic causing the officers to run parallel to BROWN until a break in traffic allowed them to cross safely. The pursuing officer yelled at BROWN to stop, after which BROWN laid down on the sidewalk. When additional law enforcement officers arrived, they placed BROWN into custody for possession of a stolen vehicle, possession of a stolen gun, possession of a firearm by felon, and resisting arrest.

 

Officers then retrieved a .40 caliber handgun that was reported stolen from the perimeter of the Waffle House and next to BROWN’s shoe that he lost during the foot chase. During a search of the vehicle, officers found multiple items that belonged to BROWN.

 

This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.

 

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Raleigh Police Department. Assistant United States Attorneys Peggah B. Wilson and Jacob Pugh are handling the case on behalf of the government.

RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announced that in federal court, before United States Magistrate Judge James E. Gates, SHELTON JAMAAL JONES, of Wilson, North Carolina, was charged in a federal Criminal Complaint with one count of possession with intent to distribute heroin.

 

This investigation is part of the Strategic Heroin Initiative, initiated by the United States Attorney’s Office for the Eastern District of North Carolina in partnership with the Department of Justice's Organized Crime and Drug Enforcement Task Force (OCDETF).

 

The charge and allegations contained in the Criminal Complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.

 

The case was investigated by the DEA Raleigh Resident Office and the Wilson Police Department.

RALEIGH – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging LUIS FERNANDO CANO-ACOSTA, age 40, of Mexico, DAVID LOPEZ-DIAZ, 26, of Mexico, GABRIEL MELO-CANALES, age 37, of Mexico, MARIO MENDOZA-CANO, age 44, of Mexico, BRYAN ARIEL VELASQUEZ-FUENTES, age 26, of Honduras, and LUIS LAURO ZAMORA-ESPIRIQUETA, age 52, of Mexico, with Illegal Reentry of a Deported Alien.

 

Additionally, a federal grand jury in Raleigh has returned an indictment charging ERICK GALEANA-PIEDRA, age 27, of Mexico, with Illegal and Unlawful Alien in Possession of a Firearm.

 

If convicted of Illegal Reentry of a Deported Alien, CANO-ACOSTA, found in Wake County, LOPEZ-DIAZ, found in New Hanover County, MELO-CANALES, found in New Hanover County, VELASQUEZ-FUENTES, found in Wake County, and ZAMORA-ESPIRIQUETA, found in Wake County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

MENDOZA-CANO, found in New Hanover County, is alleged to have been previously deported subsequent to an aggravated felony conviction (possession with intent to sell or deliver cocaine). Therefore, if convicted, he would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

If convicted of Illegal and Unlawful Alien in Possession of a Firearm, GALEANA-PIEDRA, found in Johnston County, would face maximum penalties of ten years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.

 

The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.

 

The cases are being investigated by ICE’s Enforcement Removal Operations and Homeland Security Investigations.