District of New Hampshire

          CONCORD, N.H. – Acting United States Attorney John J. Farley announced that William Bergeron 26, of Conway, New Hampshire, pleaded guilty in federal court on Thursday, April 6, 2017, to possessing fentanyl with the intent to distribute.

 

          According to court documents and statements made at the plea hearing, on June 13, 2016, Conway Police Officers arrested Bergeron at his residence on an outstanding warrant. During the arrest, the officers found approximately 15 grams of fentanyl in Bergeron’s pockets.

 

          Bergeron is scheduled for sentencing on July 25, 2017.

 

          This matter was investigated by the Conway Police Department and is being prosecuted by Assistant United States Attorney Shane Kelbley.

 

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          CONCORD, N.H. - Acting United States Attorney John J. Farley announced that Jonathan Faucher (39) of Manchester, New Hampshire, pleaded guilty on Tuesday to attempting to rob a convenience store and a robbing a bank in Manchester.

 

          According court records and statements made in court, shortly after midnight on September 28, 2016, Faucher entered a 7-Eleven store on Maple Street in Manchester, New Hampshire, asked for a pack of cigarettes, then brandished a box cutter with a razor blade and told the clerk to “give me all the money if you don’t want to get hurt.” The clerk behind the counter responded by brandishing a pizza cutter at Faucher, who fled the area.

 

          A few days later, on October 3, 2016, Faucher robbed a TD Bank branch on Franklin Street, in Manchester, New Hampshire. Faucher handed a note to a bank teller claiming that he had a gun and demanding money. The bank teller handed over $600 and Faucher fled the bank on foot. Manchester Police responding to the robbery apprehended him just a few blocks from the scene of the crime.

 

          A sentencing hearing is scheduled for July 19, 2017.

 

          The case was investigated by the Manchester Police Department, with assistance from the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.

 

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          CONCORD, NEW HAMPSHIRE –Acting United States Attorney John J. Farley announced today that Felix Portes, age 57, of Lawrence, Massachusetts was sentenced to serve 57 months in federal prison for conspiracy to distribute heroin.

 

          Court documents and statements in court showed that after a lengthy investigation, law enforcement officers arrested Portes and Jonathan Cruz-Marte on March 12, 2015, after they arrived at the Rockingham Mall in Salem to sell approximately two kilograms of heroin to an individual assisting in the investigation. The investigation determined that Portes and Cruz Marte were part of a larger Lawrence-based drug trafficking organization that, over the course of several years, supplied Keene-based drug traffickers with large quantities of heroin for redistribution in and around the Keene area.

 

          Portes previously pleaded guilty on January 15, 2016. Cruz Marte pleaded guilty on November 23, 2016, and is scheduled to be sentenced on April 11, 2017.

 

          “The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to address the heroin and fentanyl epidemic in New Hampshire by continuing to target the drug trafficking organizations that are responsible for bringing large quantities of these deadly drugs into New Hampshire. I commend the cooperative efforts that led to this significant prosecution,” said Acting United States Attorney John J. Farley.

 

          After serving his 57-month prison sentence, Portes will be on supervised release for a period of three years.

 

          The investigation was conducted by the following agencies: (1) Immigration and Customs Enforcement, Homeland Security Investigations; (2) New Hampshire Attorney General’s Drug Task Force; (3) Bureau of Alcohol, Tobacco, Firearms and Explosives; (4) New Hampshire State Police; (5) Keene, New Hampshire Police Department; (6) Richmond, New Hampshire Police Department; and (7) Salem, New Hampshire Police Department. Assistant United States Attorney Jennifer Cole Davis prosecuted the case.

 

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          CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Jean Morales-Rivera was sentenced to 12 months and one day in federal prison after pleading guilty to possessing a prohibited object while an inmate at FCI-Berlin. The object was a homemade weapon, commonly referred to as a “shank,” made out of plastic sharpened to a point at one end with gauze wrapped around one the other end to serve as a handle or grip.

 

          According to the facts set forth in the plea agreement and statements made at the sentencing hearing, Morales-Rivera removed an article from his waist band and threw it in a trash receptacle at the prison. A correctional officer saw Morales-Rivera throw the object into the receptacle and retrieved the weapon.

 

          Morales-Rivera is presently serving a 93-month sentence for carjacking and using a firearm during a crime of violence. The sentence imposed by the court today is consecutive to the sentence Morales-Rivera is now serving.

 

          The case was investigated by the staff at the Federal Bureau of Prisons at FCI-Berlin. The case was prosecuted by Assistant U.S. Attorney Donald Feith.

 

 

 

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            Concord, N.H.—Acting United States Attorney John J. Farley announced that Christopher Clough, 43, of Dover, New Hampshire, was arrested today on charges that he received kickbacks in exchange for prescribing a powerful fentanyl spray to patients in violation of federal law.

            According to the indictment, Clough worked as a physician assistant in New Hampshire. He was a frequent prescriber of a fentanyl spray that had been approved by the Food and Drug Administration (FDA) to treat breakthrough cancer pain. From approximately mid-2013 through Fall 2014, Clough wrote more than 700 prescriptions for the fentanyl spray in New Hampshire, including more than 200 prescriptions for Medicare patients. During that time, the manufacturer of the drug paid Clough purportedly to serve as a speaker at more than 40 programs at a rate of approximately $1,000 per event. In many instances, the programs were merely sham events where Clough was paid to have dinner with employees or representatives of the pharmaceutical company. In other instances, the programs were attended by individuals, including colleagues and friends, who were not authorized to prescribe controlled substances. For the majority of these dinner programs, the indictment alleges that Clough did not give any kind of presentation about the drug at all. Clough and others often forged signatures of attendees on sign-in sheets in an effort to make the dinners appear to be legitimate. The indictment alleges that the speaking program payments existed primarily to reward Clough for writing substantial numbers of prescriptions and to create an incentive for him both to issue new prescriptions and to increase dosages on existing prescriptions. From August 2013 until October 2014, Clough was paid more than $41,000 by the drug manufacturer.

            Clough was charged with conspiracy and the receipt of kickbacks in relation to a federal healthcare program. Each charge carries a maximum term of imprisonment of five years and a fine of up to $250,000. Clough will appear before United States Magistrate Judge Andrea K. Johnstone today at 3:45 p.m..

            Farley stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Commenting on the indictment, said, “When health care providers make prescribing decisions based upon financial incentives rather than the best interests of the patient, it has the potential to put patients at risk. I commend the hard work of the law enforcement agents who have investigated this matter and look forward to proving this case in court.”

            "As alleged, Dr. Clough was the top prescriber of a powerful fentanyl spray in the state of New Hampshire,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “He is alleged to have received kickbacks for issuing those prescriptions. The FBI will continue to attack the opioid epidemic from all angles, including rooting out individuals who place profit before patient safety."

 

            “We take all allegations of kickbacks extremely seriously,” said Special Agent in Charge Phillip Coyne of the U.S. Department of Health and Human Services, Office of the Inspector General. “Working closely with our law enforcement partners, we will continue to protect the health of Medicare beneficiaries and the integrity of the nation’s healthcare system.”

 

            This matter is being jointly investigated by the U.S. Department of Health and Human Services Office of the Inspector General, the Federal Bureau of Investigation, and the Drug Enforcement Administration’s Diversion Control Division. The case is being prosecuted by Assistant U.S. Attorneys Charles L. Rombeau and Seth R. Aframe.

            Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.

 

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            CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that William Soltan, 34, of Suffolk County, New York, pleaded guilty to one count of failing to register as a sex offender as required by the federal Sexual Offender Registration and Notification Act (SORNA).

 

            According to documents that were filed and statements made in court, Soltan left New Hampshire sometime after July 2014 for a temporary visit to New York. At the time he left, Soltan was obligated to return to New Hampshire not later than December 30, 2014. Soltan did not return to New Hampshire, did not register in New Hampshire in 2015, and did not register in New York in 2015. Under SORNA, a person who is required to register must register in each jurisdiction where he resides, is employed or is going to school. SORNA gives an individual three days in which to register.

 

            A sentencing hearing is scheduled for 10 a.m. on June 28, 2017.

 

            The case was investigated by the United States Marshals Service with the assistance of the Manchester Police Department and the Suffolk County, New York, Police Department. The case is being prosecuted by Assistant United States Attorney Donald Feith.

 

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            CONCORD, N.H.: Elgid Guzman, 46, of Lawrence, Massachusetts was sentenced today to serve 87 months in federal prison for conspiring to distribute fentanyl, announced Acting United States Attorney John J. Farley.

 

            According to court documents and statements in court, Guzman conspired to distribute in excess of 4 kilograms of fentanyl. Between May and August of 2016, Guzman made five sales of fentanyl to an individual who was cooperating with law enforcement officers. Following the sales, a search warrant was executed at Guzman’s Lawrence residence. Approximately $113,100 in cash was found hidden in a wall of the apartment.

 

            Guzman, who previously pleaded guilty to the charge, will be placed on supervised release for five years following his release from prison. He also was ordered to forfeit the $113,100 in drug proceeds that had been seized from his residence.

 

            “Fentanyl has been the cause of the majority of overdose deaths in New Hampshire. Thanks to the cooperation of the Drug Enforcement Administration and our local partners, law enforcement officers were able to prevent a large quantity of this potentially deadly drug from being sold on the street. I particularly want to commend the Manchester Police Department and the DEA for their excellent work in stopping this very significant drug trafficking operation,” said Acting United States Attorney Farley.

 

            “The state of New Hampshire is faced with a fentanyl and heroin crisis unlike ever before,” said Special Agent in Charge Michael J. Ferguson. “Those suffering from a fentanyl and heroin substance use disorder need treatment and recovery, but those who are coming from out of state to distribute and profit from spreading this misery need to be held accountable. This investigation demonstrates the strength of collaborative law enforcement in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively seek and bring to justice anyone who distributes these drugs.”

            This matter was jointly investigated by the United States Drug Enforcement Administration, the Manchester, New Hampshire Police Department, and the Lawrence, Massachusetts Police Department. The case was prosecuted by Assistant U.S. Attorney Seth R. Aframe.

 

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            Concord, New Hampshire—Acting United States Attorney John J. Farley announced that Marcos Nieves, 40, previously of Manchester, New Hampshire, was sentenced on Friday to serve 83 months in prison for the illegal possession of firearms and ammunition.

 

            According to court documents and statements made in court, members of the Manchester Police Department obtained a search warrant for the defendant’s Manchester residence in connection with an investigation into a non-fatal shooting on August 8, 2015. While executing the search warrant, officers recovered two stolen AK-47 style weapons, several firearm magazine clips, ammunition, drugs, drug dealing paraphernalia, and personal documents identifying Nieves in a bedroom closet. At the time, Nieves was prohibited from possessing any firearm as a result of at least one prior felony conviction.

 

            Nieves was indicted on these federal firearms charges in April 2016 and he pleaded guilty in December 2016.

 

            Nieves also pleaded guilty to narcotics charges in Hillsborough County in connection with the drugs recovered during the execution of the search warrant. He is serving a sentence of two to four years in New Hampshire State Prison. The Court’s sentence on federal charges will run concurrent with entirety the state sentence. Following his release from federal prison, will be subject to a period of supervised release of three years.

 

            Commenting on the sentence, Acting United States Attorney Farley said, “Working with our state, local, and federal law enforcement partners, the United States Attorney’s Office is committed to prosecuting those who possess firearms unlawfully or use firearms to commit crimes. Individuals who commit crimes involving guns should be aware that they will face substantial penalties for their actions.”

 

            This matter is being jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.

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            CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Jake Chiaradonna, of Wolfeboro, New Hampshire, pleaded guilty on Thursday to committing two bank robberies in Rochester, New Hampshire.

 

            According court records and statements made in court, on October 5, 2016, Chiaradonna entered the Citizens Bank on Milton Road in Rochester, New Hampshire, and handed the teller a note claiming that he had a gun and demanding money. The teller gave Chiaradonna money from the register and Chiaradonna fled the bank. Six days later, on October 11, 2016, Chiaradonna committed a similar robbery at the TD bank on Old Dover Road in Rochester, New Hampshire, handing the teller a note stating “give me your 20’s, 50’s, 100’s I have a gun.”

 

            Police circulated bank surveillance images to the public, and in response, several individuals contacted law enforcement to identify Chiaradonna as the robber. Police and Deputy U.S. Marshals subsequently located and arrested Chiaradonna at a Wolfeboro area motel.

 

            A sentencing hearing is scheduled for June 26, 2017.

 

            The case was investigated by the Rochester Police Department and the Wolfeboro Police Department, with assistance from the U.S. Marshals Service and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.

 

 

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            Concord, N.H.— Acting United States Attorney John J. Farley announced that Micky Garst, Jr., 26, previously of Manchester, New Hampshire, pleaded guilty to a federal indictment charging him with the illegal possession of two firearms.

            According to the indictment, statements made in court, and other public records in the case, on the morning of August 19, 2015, Manchester Police investigating a reported fight outside a pizza parlor encountered a large crowd, including the defendant and a female companion. After investigating the source of the conflict, officers asked to search the companion’s vehicle, and she consented. Located in the trunk was a Colt .45 handgun that had been reported stolen from a home in Manchester four days earlier. Blood samples from the scene of the theft were later confirmed by the state crime lab as a match with Garst. Later, in February 2016, Garst took a Ruger firearm from the home of an acquaintance. The firearm was recovered after Garst stashed it in the dumpster of a nearby convenience store. Garst is prohibited from possessing firearms under federal law as a result of a prior felony conviction.

            A sentencing hearing has been scheduled for June 29, 2017.

            This matter was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department, with assistance from the New Hampshire State Police Forensic Laboratory. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.

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            CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Rigoberto Ramirez-Aldava (40), formerly of Manchester, New Hampshire, pleaded guilty to conspiracy to possess with the intent to distribute and to distribute 50 grams or more of methamphetamine.

 

            According to court documents and statements in the court proceeding, Ramirez-Aldava, a citizen of Mexico, operated El Patron Sports Bar and Grill, LLC, located on Wilson Street in Manchester, New Hampshire. In June, 2016, the United States Drug Enforcement Administration (“DEA”) received information that Ramirez-Aldava was in possession of multiple kilograms of methamphetamine. On June 21, 2016, an undercover DEA Task Force Officer met with Ramirez-Aldava at a location in Manchester, where Ramirez-Aldava provided the undercover officer with a sample of approximately 29 grams of methamphetamine. On June 29, 2016, the undercover officer met with Ramirez-Aldava at the same location in Manchester and purchased approximately 359 grams of methamphetamine for $8,000. On July 11, 2016, Ramirez- Aldava was arrested as he travelled to a pre-arranged location in Manchester where he intended to sell the undercover officer approximately ten pounds of methamphetamine for $85,000. Approximately 4.5 kilograms were recovered from Ramirez-Aldava’s vehicle at the time of his arrest.

 

            As part of the investigation, DEA agents search of El Patron Sports Bar and Grill resulted in the seizure of approximately 1.7 kilograms of methamphetamine. A large quantity of cash also was seized during a search of his apartment.

 

            Ramirez-Aldava is scheduled to be sentenced on June 22, 2017.

 

            “This record-setting seizure of methamphetamine in New Hampshire demonstrates DEA’s commitment to disrupt and dismantle Mexican drug trafficking organizations who have become the primary manufacturers and distributors of methamphetamine to cities throughout the United States.” said DEA Special Agent in Charge Michael J. Ferguson

 

            “Amid the opioid crisis, drug traffickers also continue their efforts to distribute other deadly substances in New Hampshire. This case is another example of the teamwork among the law enforcement agencies in New Hampshire that are working each and every day to protect the community. Thanks to quick and decisive investigative work, a very large quantity of methamphetamine has been removed from the streets before it could cause further harm.” said Acting United States Attorney John J. Farley.

 

            This case was investigated by the Drug Enforcement Administration with assistance from the Manchester and Nashua Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.

 

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            CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Kenneth Chapman (62), formerly of Kingston, New Hampshire, pleaded guilty to unlawful distribution of fentanyl.

 

            According to documents that were filed in United States District Court and statements in the court proceeding, on June 12, 2016, Chapman sold a quantity of fentanyl to “M.W.”, a 31-year old male from Atkinson, New Hampshire. Because of a 911 call the following morning, emergency personnel responded to a residence in Atkinson, where they found M.W. dead from a suspected drug overdose. In the immediate vicinity of the body, law enforcement officers found a tied-off plastic bag that contained a white powdery substance that was determined to be fentanyl. An autopsy determined M.S.’ death was caused by acute fentanyl intoxication.

 

            Chapman is scheduled to be sentenced on June 28, 2017. The plea agreement contains a binding stipulation that the parties agree to recommend to the Court that Chapman be sentenced within a range of ninety-six (96) months to one hundred and forty-four (144) months of imprisonment; however, the Court deferred acceptance of the stipulation until the time of sentencing.

 

            “Opioid abuse is at epidemic levels in New Hampshire,” said Special Agent in Charge Michael J. Ferguson. “Fentanyl is causing overdose deaths across the Granite State, and DEA is committed to aggressively pursue anyone who distributes this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”

 

            Acting United States Attorney John J. Farley said, “Fentanyl continues to be the cause of far too many deaths in the Granite State. The aggressive investigation and prosecution of individuals engaged in fentanyl trafficking in New Hampshire remains a top priority of the United States Attorney’s Office and our law enforcement partners at the local, state. and federal level. While we support access to treatment for those who suffer from addiction, those who distribute these deadly drugs need to be held accountable for the substantial damage they are causing in our community.”

 

            This case was investigated by Drug Enforcement Administration with assistance from Kingston and Atkinson Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.

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            CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Brian Christoffels, 35, of Manchester, New Hampshire, pleaded guilty in federal court on Monday to one count of bank robbery.

 

            According court records and statements made in court, Christoffels robbed the TD Bank at 293 S. Main Street in Manchester, New Hampshire, on October 10, 2016. Christoffels entered the bank, handed a bank teller a note demanding cash, then fled the area in his truck. Manchester Police pursued Christoffels and eventually arrested him at an off-ramp from Interstate 93.

 

            A sentencing hearing is scheduled for June 27, 2017.

 

            The case was investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.

 

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            CONCORD, N.H.: New Hampshire’s United States Attorney Emily Gray Rice has announced her resignation, effective March 10, 2017. Ms. Rice was appointed as United States Attorney by President Barack Obama on the recommendation of Senator Jeanne Shaheen and with the support of Senator Kelly Ayotte, and unanimously confirmed by the United States Senate. Since January, 2016, she has served as the chief federal law enforcement officer for the District of New Hampshire, and has led an office of over 40 employees dedicated to enforcing all federal criminal and civil laws in the state.

 

            In announcing her departure, Ms. Rice said, “I am deeply honored to have served the people of New Hampshire as United States Attorney, and I am grateful for the trust placed in me by President Obama and our law enforcement and community partners.” Ms. Rice praised her colleagues at the United States Attorney’s Office and commended their dedication to public service:

            The members of this office are highly-experienced public servants who represent the interests of the United States with the utmost dedication and integrity. Working with my colleagues has been the greatest experience of my professional life, and I know that this will remain true no matter what I may do in the future.

 

            Ms. Rice also thanked federal, state and local law enforcement for their hard work and partnership in fighting crime in New Hampshire: "During my tenure as United States Attorney, New Hampshire faced unprecedented challenges to public health and safety, including the flood of illicit opioids into our state. I want to extend my profound gratitude to our federal partners, the New Hampshire Attorney General's Office, the New Hampshire State Police, the New Hampshire Association of Chiefs of Police, and the local police departments across New Hampshire, for their unfailing dedication to working with my office to improve the quality of life for all who live here."

 

            Ms. Rice expressed her gratitude to all of the community partners working to bring resources and assistance to the public: "I also want to recognize the tremendous work done by community partners in New Hampshire who serve vulnerable populations, and who work to combat addiction, human trafficking and violent crime and to support the victims of crime. Their energy and commitment are a consistent source of inspiration to me and my colleagues."

 

            In closing, Ms. Rice recognized and thanked First Assistant United States Attorney John J. Farley, who will serve as Acting United States Attorney pursuant to the Vacancies Reform Act until a new presidentially-appointed United States Attorney takes office. “John has dedicated his entire legal career to public service and will lead the United States Attorney’s Office for the District of New Hampshire with distinction. He is a superb lawyer, a talented manager and a deeply-respected colleague who meets the highest standards of excellence. He has been an indispensable partner in leading this office, and the public can be confident that he will seamlessly continue the work of the Department of Justice.”

 

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            Concord, N.H.– Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Derek Potocki, 32, previously of Manchester, New Hampshire, was sentenced yesterday to 72 months in prison for his role in the robbery of a credit union in March 2015.

 

            According to court documents and statements made in court, Potocki pressured Melissa Bourcher, 28, previously of Manchester, to rob a bank for him. Potocki selected the target and provided Boucher with instructions, including how to dress and disguise her appearance. The two proceeded to the Members First Credit Union on Bridge Street in Manchester on the morning of March 3, 2015. Boucher, who was unarmed at the time, did as she had been instructed, entering the bank alone, passing a note to the teller, and obtaining approximately $6,250. After she fled with the cash, Potocki and Boucher divided the proceeds. Boucher then used a portion of the proceeds to purchase heroin and overdosed. When paramedics were able to resuscitate her, large amounts of cash fell out of her clothing. She was arrested. Potocki took his portion of the funds and fled the area. He was arrested in Massachusetts on March 12, 2015 and has remained in custody on unrelated charges since that date.

 

            Potocki sentence followed his earlier guilty plea. After serving his prison sentence, Potocki will spend three years on supervised release. He also was ordered to pay restitution to the credit union.

 

            Boucher previously pleaded guilty to her role in the robbery and was sentenced to 41 months’ imprisonment.

 

            This matter was investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Charles L. Rombeau.

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          CONCORD, N.H. – Dale Edson, 30, of Swanzey, New Hampshire, pleaded guilty in federal court to possessing images of child pornography, announced U.S. Attorney Emily Gray Rice.

 

          According to documents on file and statements in court, law enforcement officers received information in July 2015 that potential child pornography images had been uploaded to a cloud storage service from a phone number associated with Edson. After establishing that the phone number was used by Edson, law enforcement obtained a search warrant for Edson’s residence. On September 9, 2015, the police executed the warrant and, based on a preliminary forensic review conducted at the residence, seized three computers and other devices. A forensic examination of two laptop computers established that images of child pornography were found on each computer. An examination of a tablet used by Edson established that images of child pornography were found on the tablet.

 

          A sentencing hearing has been scheduled for June 19, 2017.

 

          The case was investigated by the Hinsdale Police Department and the Department of Homeland Security, Homeland Security Investigations, with assistance from the Swanzey Police Department, the Bedford Police Department, the Nashua Police Department, the Portsmouth Police Department, the Rochester Police Department, and the Interstate Crimes Against Children Task Force. case is being prosecuted by Assistant United States Attorney Donald Feith.

 

 

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CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Luis D. Capo-Nieves pleaded guilty on March 1, 2017, to a federal charge of possessing cocaine with the intent to distribute. Capo-Nieves is 33 years old and lives in Manchester.

 

          According to court documents and statements made during Capo-Nieves’s plea hearing, on July 1, 2016, the Nashua Police Department dispatched several officers to the parking lot of a city apartment complex. The officers were dispatched in response to a citizen complaint about drug dealing activity at that location. In the parking lot, the police observed Capo-Nieves and another individual make an exchange. A car Capo-Nieves was driving was the subject of a later police traffic stop. While searching the car after the stop, the police found about 279 grams of cocaine.

 

          Capo-Nieves is scheduled for sentencing on June 12, 2017. Wilfredo Tanon Rodriguez, the person with whom Capo-Nieves was seen making the parking lot exchange, recently pleaded guilty to a related charge. He will be sentenced on June 2, 2017.

 

          This matter was investigated by the Nashua Police Department. The case is being prosecuted by Assistant United States Attorney Bill Morse.

 

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          Concord, N.H.—Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Matthew Bergeron, 30, of Fitchburg, Massachusetts, Rashawn Dunn, 30, of Manchester, New Hampshire, and Jessica Fithian, 33, of Manchester, New Hampshire, have all pleaded guilty this week to conspiracy charges arising out of the straw purchase of firearms in 2016.

          According to the indictment, statements made in court, and other public records in the case, Bergeron and Dunn conspired to have Dunn purchase two firearms on Bergeron’s behalf in June and July 2016 from Riley’s Sport Shop, a federally licensed firearms dealer in Hooksett, New Hampshire. Bergeron conspired with Fithian to have her purchase one firearm on his behalf in July 2016, also at Riley’s. In connection with each firearm purchase, Dunn and Fithian were required to complete an ATF Form 4473 where they falsely stated that they were purchasing the firearms for themselves, rather than for Bergeron. Bergeron also had each co-defendant purchase ammunition and extended clip magazines on his behalf. Shortly after Dunn and Fithian left the store, they provided the firearms, magazines and ammunition to Bergeron. At the time, Bergeron was a previously convicted felon and a resident of Massachusetts, and could not legally purchase firearms for himself in New Hampshire. A federal indictment was returned by a grand jury sitting in Concord on November 2, 2016.

           Dunn and Fithian each pleaded guilty to one count of conspiracy in violation of 18 U.S.C. § 371, and Bergeron pleaded guilty to two counts of the same. Separate sentencing hearings for each defendant have been scheduled for June 2017, in front of Chief U.S. District Judge Joseph LaPlante. At that time, each defendant will face a maximum term of imprisonment of 5 years for each count of conviction. Their actual sentences will be determined by the court following completion of a presentence investigation report.

          This matter is being jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.

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          CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Eric Rouleau, 37, of Rochester, pled guilty to robbing the Northeast Credit Union in Rochester. Rouleau also pled guilty to mailing a threatening communication to another.

 

          According court records and statements in court, on April 22, 2016, Rouleau, who was identified through surveillance video, entered the Northeast Credit Union and produced a note which demanded, “Money Now and No One Gets Hurt.” The teller gave Rouleau the money in her drawer and Rouleau fled the bank. He later was arrested at a residence in Rochester. After his arrest, Rouleau sent a letter containing death threats to another individual.

 

          Rouleau will be sentenced on June 13, 2017.

 

          This case was investigated by the Rochester Police Department and the Strafford County Sheriff’s Office, with assistant from the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Helen White Fitzgibbon.

 

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            CONCORD, N.H. – United States Attorney, Emily Gray Rice announced today that Ryan Freeman, 27, of Manchester, New Hampshire, was sentenced to 57 months in federal prison after pleading guilty to one count of bank robbery. Freeman was also sentenced to three years of supervised release, which will begin when he is released from prison.

 

            Information based on court filings and statements made at the change of plea hearing established that Freeman entered the TD Bank on South River Road in Bedford, New Hampshire on July 26, 2015. He approached a teller, demanded $10,000, and threatened to blow her brains out if she did not comply. The teller provided a sum of money to Freeman and he left the bank. Witnesses saw him leave the bank in a gold Volvo, which was later recovered after being abandoned near Exit 4 on Interstate 293. Images from the bank clearly established that Freeman committed the robbery.

 

            The case was investigated by the Bedford Police Department with the assistance of the Manchester Police Department, the New Hampshire State Police Forensics Laboratory and the Federal Bureau of Investigation. case was prosecuted by Assistant United States Attorney Don Feith.

 

 

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CONCORD, N.H. – Robert H. Duquette, 74, of Hudson, was sentenced today to one year of probation, and was ordered to pay $39,984 in restitution, including an immediate payment of $12,000, to the Social Security Administration, announced United States Attorney Emily Gray Rice.

 

According to court documents and statements made in court, Duquette’s mother was

receiving widow’s benefits from the Social Security Administration at the time of her death in October 2006. After her death, Social Security continued to deposit these monthly benefits into a bank account Duquette held jointly with his mother. However, neither Duquette nor any other individual was entitled to receive the benefits on his deceased mother’s behalf. Duquette failed to advise Social Security that it was making payments erroneously to his deceased mother. Instead, he used the funds deposited into the account for his own personal expenses for over seven years. Because the error was not reported to Social Security, Duquette was able to convert approximately $101,250 in Social Security benefits to his own use.

 

            Duquette, who pleaded guilty to one count of Theft of Public Money on October 17, 2016, was sentenced by United States District Court Judge Joseph A. DiClerico, Jr.

 

            The case was investigated by the Social Security Administration’s Office of the Inspector General and prosecuted by Special Assistant United States Attorney Karen Burzycki.

 

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            CONCORD, N.H. – United States Attorney Emily Gray Rice announced that on February 28, 2017, Christopher Barker, 23, of Epsom, New Hampshire, pleaded guilty to the illegal possession of firearms.

 

            According to court documents and statements made during the change of plea hearing, Concord Police conducted an undercover operation to purchase a firearm from Barker in March 2016. When Barker arrived to the deal, Concord Police arrested him and seized two firearms from his vehicle. At the time, Barker was prohibited from possessing any firearms as a result of a previous felony conviction.

 

            Barker is scheduled to be sentenced on June 13, 2017.

 

            This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, and by the Police Departments of Concord and Lebanon, New Hampshire, and Hartford, Vermont, as well as by the Merrimack County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Georgie Konesky and Shane Kelbley.

 

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            CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Jeannette Hardy, 26, of Manchester, New Hampshire, was sentenced to ten years in federal prison based upon her conviction for conspiracy to distribute heroin and fentanyl.

 

            According to court documents, the defendant distributed drugs in the Manchester, New Hampshire area since at least July of 2014. Pursuant to a search warrant, law enforcement recovered approximately 1.8 kilograms of fentanyl and $198,000 in drug proceeds from an apartment occupied by the defendant and another individual. In addition, law enforcement seized approximately $560,000 in drug proceeds from a safe deposit box. The defendant was not employed at the time of the conspiracy and the currency recovered by law enforcement constituted proceeds of the defendant’s drug distribution conspiracy.

 

            Hardy, who previously had pleaded guilty, also must serve a five-year term of supervised release, following her release from prison.

 

            All of the drug proceeds previously were forfeited to the United States.

 

            “The state of New Hampshire is faced with a fentanyl and heroin crisis unlike ever before,” said Special Agent in Charge Michael J. Ferguson. “Those suffering from a fentanyl and heroin substance use disorder need treatment and recovery, but those that distribute and profit from spreading this misery need to be held accountable. This investigation demonstrates the strength of collaborative law enforcement in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively seek and bring to justice anyone who distributes these drugs.”

 

            United States Attorney Rice said, “This prosecution is an example of the ongoing efforts of this office to prosecute those who are distributing fentanyl in New Hampshire. We will continue to work closely with our law enforcement partners to identity and prosecute distributors of fentanyl and to seize the proceeds from their unlawful and deadly drug distribution businesses.”

 

            According to statistics maintained by the State of New Hampshire, over half of the drug overdose deaths in New Hampshire in 2015 and 2016 were related to fentanyl. Because a single gram of heroin or fentanyl can be used to create multiple individual dosage units that can be sold “on the street,” the quantity of fentanyl involved in this case could have generated large numbers of individual doses of fentanyl, each of which had the potential to cause a fatal overdose.

 

            This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The case was investigated by the Manchester Police Department, the Massachusetts State Police, and the Drug Enforcement Administration and was prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Donald Feith.

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CONCORD, N.H. – United States Attorney Emily Gray Rice today announced that Wilfredo Tanon Rodriguez (56), pleaded guilty in federal court on Thursday to possessing cocaine with intent to distribute.

 

           According to court documents and statements made during Tanon’s plea hearing, on July 1, 2016, the Nashua Police Department dispatched several officers to a city apartment complex parking lot. The officers were dispatched in response to a citizen complaint about drug dealing activity at that location. The ensuing police surveillance resulted in the traffic stop of a vehicle in which Tanon was riding in the front passenger seat.

 

           Tanon consented to a search and the police found approximately 279 grams of cocaine in his possession. After his arrest, Tanon admitted that, at the time of the traffic stop, he had been delivering the cocaine to a third party. Two firearms were found in a car belonging to Tanon which was parked in the apartment complex that was the focus of the original police surveillance.

 

           Tanon is scheduled to be sentenced on June 2, 2017.

 

           The driver of the car in which Tanon was riding, Luis D. Capo-Nieves, is scheduled to be tried on a related charge on March 8, 2017.

 

           This matter was investigated by the Nashua Police Department. The case is being prosecuted by Assistant United States Attorney Bill Morse.

 

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           CONCORD, N.H. – United States Attorney, Emily Gray Rice announced today that Leeland Eisenberg, of Concord, New Hampshire, pleaded guilty in federal court on Thursday to one count of bank robbery.

 

           Information based on court filings and statements made at the change of plea hearing established that the Citizen’s Bank located at 875 Elm Street in Manchester, New Hampshire, was robbed by a lone white male on August 2, 2016 at approximately noon. The robber walked into the bank, approached the teller station and handed a teller a robbery note that stated “No alarms. No dye packs. I have a gun and I will shoot you and others if you put a dye pack in. Fill the bag with cash now.” The robber was an older white male with dark hair, eyeglasses, and wearing a blue jacket.

 

           A witness in the vicinity of the bank identified the robber as Leeland Eisenberg. The witness had known Eisenberg in the past and recognized Eisenberg as he left the bank. An image of the robber taken by the bank’s security system was distributed to law enforcement. Law enforcement officers familiar with Eisenberg also identified the robber as Eisenberg after reviewing the images.

 

           Eisenberg was arrested by two Manchester officers in the area of the Pine Street Cemetery at that evening. At the time of his arrest he had ten bags of what appeared to be crack cocaine on his person. Subsequent laboratory testing of the material in the bags established it was powder cocaine.

 

           A sentencing hearing has been scheduled for June 9, 2017 at 10:00 a.m.

 

           The case was investigated by the Manchester Police Department and is being prosecuted by Assistant United States Attorney Donald Feith.

 

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CONCORD, N.H. – United States Attorney Emily Gray Rice today announced that

           Patrick J. Brooks, II, pleaded guilty in federal court on Thursday to possessing oxycodone with intent to distribute. Brooks (37) lived in Boscawen prior to his arrest.

           According to court documents and statements made during Brooks’ plea hearing, in June and July 2016, a Concord police detective officer made a series of undercover purchases of oxycodone from an individual who, during those transactions, told the undercover detective that Brooks was her supplier and had been selling oxycodone for eleven years. On July 20, 2016, police officers executed a search warrant at Brooks’ Boscawen home. The execution of the warrant yielded nearly 2,000 oxycodone pills and approximately $20,000 in cash. The cash recovered from Brooks’ home included currency that the Concord police detective used to buy oxycodone in one of the undercover transactions.

           Brooks is scheduled to be sentenced on May 30, 2017.

           This matter was investigated by the Concord Police Department with important assistance from the Boscawen Police Department. The case is being prosecuted by Assistant United States Attorney Bill Morse.

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CONCORD, N.H. – Gordon Daigle a/k/a Gordon Hill, 38, of Epsom, was sentenced to 21 months in prison for misusing a Social Security number, announced United States Attorney Emily Gray Rice.

 

            According to court documents and statements made in court, on April 6, 2015, Daigle applied for a New Hampshire Non-Driver Identification Card using another person’s name, date of birth, and Social Security number. He produced a Social Security card and a birth certificate in the other person’s name with his application to the Department of Motor Vehicles as means of identification. On May 23, 2016, Daigle was apprehended by the New Hampshire Joint Fugitive Task Force as a result of warrants issued by the Wyoming Board of Parole and the New Hampshire Department of Corrections Parole Board for parole violations. He provided Task Force officers with the other person’s name, and he was in possession of the New Hampshire Non-Driver Identification Card issued in the other person’s name, but bearing his picture, and the matching Social Security card when he was taken into custody. Fingerprint analysis confirmed that the individual arrested by the Joint Fugitive Task Force was Daigle.

 

            Daigle, who pleaded guilty on October 24, 2016, will serve three years of supervised release after he is released from custody.

 

            The case was investigated by the Social Security Administration’s Office of the Inspector General and the United States Marshal’s Service, and prosecuted by Special Assistant United States Attorney Karen Burzycki.

 

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            CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Jeffrey Lamarche, 39, of Ossipee, New Hampshire, pleaded guilty in federal court today to one count of conspiracy to possess with intent to distribute fentanyl.

 

            Information based on court filings and statements made in court established that on May 24, 2016, Lamarche was a passenger in a vehicle stopped by a New Hampshire State Trooper on the Exit 4 ramp off Interstate 95. During a consensual search, the trooper recovered approximately 44.6 grams of fentanyl and 5.8 grams of cocaine from Lamarche.

 

            A sentencing hearing has been scheduled for 10 a.m. on May 31, 2017.

 

            United States Attorney Rice stated that, “Fentanyl is responsible for the vast majority of overdoses deaths in New Hampshire. My office will continue to work with our law enforcement partners to prosecute individuals who are responsible for distributing this deadly drug.”

 

            The case was investigated by the New Hampshire State Police and is being prosecuted by Assistant United States Attorney Georgiana L. Konesky.

 

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A New Hampshire man was sentenced today to 96 months in prison for remotely hacking into the online accounts of dozens of teenaged female victims and sending them threatening online communications, in some instances containing sexually explicit photos, in order to force the victims to send him sexually explicit photos of themselves.  

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Emily Rice of the District of New Hampshire and Resident Agent in Charge Tim Benitez of the U.S. Secret Service’s Manchester, New Hampshire, Field Office made the announcement.  

Ryan J. Vallee, 23, formerly of Laconia, New Hampshire, was sentenced today by U.S. District Judge Paul J. Barbadoro of the District of New Hampshire.  Vallee pleaded guilty on Aug. 25, 2016, to a 31-count superseding indictment charging him with 13 counts of making interstate threats, one count of computer hacking to steal information, eight counts of computer hacking to extort, eight counts of aggravated identity theft and one count of cyberstalking.  On March 16, 2016, while Vallee was awaiting trial, he was re-arrested on new criminal charges and has remained in custody since then.  The names of the victims are being withheld from the public to protect their privacy.

According to admissions made in connection with his plea and evidence presented at sentencing, from 2011 through March 2016, Vallee, using various aliases that included “Seth Williams” and “James McRow,” engaged in a computer hacking and “sextortion” campaign designed to force dozens of teenaged victims – many of which he personally knew – to provide him with sexually explicit photographs of themselves and others.   

Vallee employed a variety of techniques to force his victims to cede to his “sextortionate” demands.  For example, according to the plea agreement, he repeatedly hacked into and took control over the victims’ online accounts, including their email, Facebook and Instagram accounts.  Once he had control of these accounts, Vallee locked the victims out of their own accounts and, in some cases, defaced the contents of the accounts, he admitted.  In at least one instance, Vallee hacked into a victim’s Amazon.com account, which stored her payment information and shipping address, then ordered items of a sexual nature and had them shipped to the victim’s home.  Vallee also admitted that in some instances, he obtained sexually explicit photos of the victims and their friends and distributed them to the victims, their friends and their family members.  With at least one victim, Vallee created a Facebook page using an account name that was virtually identical to the victim’s real Facebook account name, with one letter misspelled, he admitted.  He then posted sexually explicit photos of the victim on this fake Facebook page and issued “friend requests” to the victim, her friends and her family members, according to the plea agreement. 
  
Vallee admitted that he repeatedly sent threatening electronic communications to his victims, usually by using spoofing or anonymizing text message services, in which he threatened his victims that unless they gave him sexually explicit photographs of themselves, he would continue with the above-described conduct.  According to the admissions in the plea agreement, when most of the victims refused to comply with Vallee’s demands and begged him to leave them alone, Vallee responded with threats to inflict additional harm.

The U.S. Secret Service investigated the case with substantial assistance from the Belmont Police Department.  Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Arnold H. Huftalen of the District of New Hampshire prosecuted the case.

Concord, N.H. – A New Hampshire man was sentenced today to 96 months in prison for remotely hacking into the online accounts of dozens of teenaged female victims and sending them threatening online communications, in some instances containing sexually explicit photos, in order to force the victims to send him sexually explicit photos of themselves.

 

            Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Emily Rice of the District of New Hampshire and Resident Agent in Charge Tim Benitez of the U.S. Secret Service’s Manchester, New Hampshire, Field Office made the announcement.

 

            Ryan J. Vallee, 23, formerly of Laconia, New Hampshire, was sentenced today by U.S. District Judge Paul J. Barbadoro of the District of New Hampshire. Vallee pleaded guilty on Aug. 25, 2016, to a 31-count superseding indictment charging him with 13 counts of making interstate threats, one count of computer hacking to steal information, eight counts of computer hacking to extort, eight counts of aggravated identity theft and one count of cyberstalking. On March 16, 2016, while Vallee was awaiting trial, he was re-arrested on new criminal charges and has remained in custody since then. The names of the victims are being withheld from the public to protect their privacy.

 

            According to admissions made in connection with his plea and evidence presented at sentencing, from 2011 through March 2016, Vallee, using various aliases that included “Seth Williams” and “James McRow,” engaged in a computer hacking and “sextortion” campaign designed to force dozens of teenaged victims – many of which he personally knew – to provide him with sexually explicit photographs of themselves and others.

 

            Vallee employed a variety of techniques to force his victims to cede to his “sextortionate” demands. For example, according to the plea agreement, he repeatedly hacked into and took control over the victims’ online accounts, including their email, Facebook and Instagram accounts. Once he had control of these accounts, Vallee locked the victims out of their own accounts and, in some cases, defaced the contents of the accounts, he admitted. In at least one instance, Vallee hacked into a victim’s Amazon.com account, which stored her payment information and shipping address, then ordered items of a sexual nature and had them shipped to the victim’s home. Vallee also admitted that in some instances, he obtained sexually explicit photos of the victims and their friends and distributed them to the victims, their friends and their family members. With at least one victim, Vallee created a Facebook page using an account name that was virtually identical to the victim’s real Facebook account name, with one letter misspelled, he admitted. He then posted sexually explicit photos of the victim on this fake Facebook page and issued “friend requests” to the victim, her friends and her family members, according to the plea agreement.

 

            Vallee admitted that he repeatedly sent threatening electronic communications to his victims, usually by using spoofing or anonymizing text message services, in which he threatened his victims that unless they gave him sexually explicit photographs of themselves, he would continue with the above-described conduct. According to the admissions in the plea agreement, when most of the victims refused to comply with Vallee’s demands and begged him to leave them alone, Vallee responded with threats to inflict additional harm.

 

            The U.S. Secret Service investigated the case with substantial assistance from the Belmont Police Department. Senior Trial Attorney Mona Sedky of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Arnold H. Huftalen of the District of New Hampshire prosecuted the case.

 

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            CONCORD, N.H. – Jamie Smith, 28, of Raleigh North Carolina was sentenced to 96 months in federal prison after pleading guilty in United States District Court for the District of New Hampshire to one count of possession of materials to manufacture methamphetamine, and one count of conspiracy to manufacture methamphetamine, announced United States Attorney Emily Gray Rice.

 

            According to court documents and statements made in court, on or about January 29, 2016, co-defendants picked up Jamie Smith from a bus station in Vermont. Soon after getting in the car, Smith dictated a list of ingredients used for making methamphetamine which a co-defendant wrote down a piece of paper. During the drive from Vermont to Lebanon, New Hampshire, Smith and his co-defendants made various stops to purchase ingredients used for making methamphetamine. After purchasing the necessary ingredients, the defendants returned to a residence in Lebanon, New Hampshire where Smith began the process of making methamphetamine. When police arrived, he attempted to dispose of the methamphetamine mixture by pouring it in a toilet, which the Court determined created a substantial risk of harm to human life and the environment.

 

            A search warrant executed at the residence uncovered materials that a New Hampshire State police forensic laboratory chemist determined are collectively consistent with methamphetamine manufacturing via the one-pot method. The chemist also determined that two samples taken from the apartment indicated the presence of methamphetamine. In addition, the defendant admitted to making threats to a potential witness in an attempt to dissuade that witness from testifying at his sentencing hearing.

 

            United States District Judge Joseph DiClerico sentenced Smith. In addition to the term of incarceration, Judge DiClerico ordered Smith to serve, upon his release from prison, a term of supervised release of 3 years.

 

            “This sentence reflects DEA’s strong commitment to bring to justice those that manufacture methamphetamine,” said Special Agent in Charge Michael J. Ferguson. “DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug off the streets of New Hampshire. This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively pursue anyone who manufactures this poison.”

 

            “Methamphetamine manufacturing presents a serious danger to the public. Too often, those who attempt to manufacture this illegal drug do so in a way that presents a high risk of fires and explosions. Each day, brave law enforcement officers in New Hampshire are at risk of encountering these toxic and potentially deadly clandestine laboratories. I commend the Drug Enforcement Administration for its ongoing efforts to protect our state from these dangerous drug labs,” said U.S. Attorney Emily Gray Rice.

 

            The case was investigated by the Drug Enforcement Administration and the Lebanon, New Hampshire Police Department and was prosecuted by Assistant United States Attorney Georgiana L. Konesky.

 

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CONCORD, N.H. – United States Attorney Emily Gray Rice announced today that Felipe Antonio Reyes Eduardo was sentenced to a term of two years in federal prison based upon his prior guilty plea to one count of conspiracy to distribute fentanyl.

 

            According to court documents and statements in court, Reyes acted as a runner in a series of fentanyl transactions with an undercover law enforcement officer in New Hampshire and Massachusetts from December of 2015 to February of 2016. Reyes, 20 years old, resided in Lawrence, Massachusetts, before his arrest in this case.

 

            According to statistics maintained by the State of New Hampshire, the vast majority of the drug overdose deaths in New Hampshire in 2016 were related to fentanyl. Because a single gram of heroin or fentanyl can be used to create multiple individual dosage units that can be sold “on the street,” the quantity of fentanyl involved in this case could have generated hundreds of individual doses of fentanyl, each of which had the potential to cause a fatal overdose.

 

            “Those suffering from the disease of opioid addiction need access to treatment and recovery,” said Special Agent in Charge Michael J. Ferguson. “But, those responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable for their actions. In response to the ongoing opioid epidemic DEA and its local, state and federal law enforcement partners are committed to bringing to justice those that distribute this poison.”

 

            U.S. Attorney Rice said, “My office will continue to work with our law enforcement partners to identify and prosecute the individuals who are putting fentanyl and other deadly drugs on the streets of New Hampshire. By aggressively enforcing the law, providing treatment to those suffering with addition, and educating the community about the risks of fentanyl, the law enforcement community in New Hampshire is working to combat the fentanyl problem in this state on a daily basis.”

 

            This case was investigated by the United States Drug Enforcement Administration and the New Hampshire Drug Task Force. It was prosecuted by Assistant United States Attorney Bill Morse.

 

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            CONCORD, N.H. – Rafael Nicolas Lopez-Carrasco, a/k/a Jose Casellas, of Lawrence, Massachusetts, was sentenced to 204 months in federal prison after pleading guilty in the United States District Court for the District of New Hampshire to a federal indictment charging him with one count of conspiracy to distribute and to possess with the intent to distribute heroin and fentanyl, announced United States Attorney Emily Gray Rice.

 

            According to court documents, the defendant distributed drugs in Massachusetts and New Hampshire since at least July of 2014. On June 24, 2015, the defendant supplied approximately two kilograms of fentanyl to a third person who had the drugs delivered to an address on Winter Street in Manchester, New Hampshire. On June 25, 2016, law enforcement seized an additional three kilograms of fentanyl as the defendant was attempting to deliver it in Massachusetts. A search of the defendant’s residence in Lawrence led to the discovery of an additional one kilogram of fentanyl and 922 grams of heroin. Law enforcement also seized $12,000 in United States currency, several kilograms of cutting agent and three firearms.

 

            The defendant’s 204-month sentence was ordered to run concurrently to a 10 to 12 year sentence he is serving in Massachusetts. He will be deported after completing his federal sentence.

 

            “I commend the Manchester Police Department and the DEA on their thorough investigation of this case leading to the seizure of such a significant quantity of drugs and drug proceeds,” stated United States Attorney Emily Gray Rice. “Prosecuting those individuals who introduce dangerous narcotics into our community, and ensuring that they do not profit from doing so, is a critical priority of my office.”

 

            "Opioid abuse is at epidemic levels in New Hampshire," said Special Agent in Charge Michael J. Ferguson. "Fentanyl and heroin are causing overdose deaths across the Granite State in record numbers, and DEA is committed to aggressively pursue Drug Trafficking Organizations and individuals who are coming from out of state to distribute these poisons across New Hampshire in order to profit and destroy people's lives and wreak havoc in our communities. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners."

            According to statistics maintained by the State of New Hampshire, the vast majority of the drug overdose deaths in New Hampshire in 2016 were related to fentanyl. Because a single gram of heroin or fentanyl can be used to create multiple individual dosage units that can be sold “on the street,” the quantity of fentanyl involved in this case could have generated hundreds of individual doses of fentanyl, each of which had the potential to cause a fatal overdose.

            This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The case was investigated by the Manchester Police Department, the Massachusetts State Police, and the Drug Enforcement Administration and was prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Donald Feith.

 

 

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            CONCORD, N.H. – United States Attorney, Emily Gray Rice announced that Ryan Freeman, 27, of Manchester, New Hampshire, pleaded guilty in federal court today to one count of bank robbery.

 

            Information based on court filings and statements made at the change of plea hearing established that Freeman entered the TD Bank on South River Road in Bedford, New Hampshire on July 26, 2015. He approached a teller, demanded $10,000, and threatened to blow her brains out if she did not comply. The teller provided a sum of money to Freeman and he left the bank. Witnesses saw him leave the bank in a gold Volvo, which was later recovered after being abandoned near Exit 4 on Interstate 293. Images from the bank clearly established that Freeman committed the robbery.

 

            A sentencing hearing has been scheduled for March 1, 2017 at 11:00 a.m.

 

            The case was investigated by the Bedford Police Department with the assistance of the Manchester Police Department, the New Hampshire State Police Forensics Laboratory, and the Federal Bureau of Investigation. case was prosecuted by Assistant United States Attorney Don Feith.

 

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            CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Jose Nunez (61) of Manchester, was sentenced to serve eight years in federal prison for participating in a conspiracy to distribute oxycodone pills, a conspiracy to launder money, distributing controlled substances, and possessing a firearm during a drug trafficking crime.

 

            Court documents and statements in court showed that Nunez was part of group of drug traffickers who were distributing the pills in Manchester, New Hampshire. During a law enforcement investigation in 2013 and 2014 that included the use of controlled purchases of drugs and multiple wiretaps, investigators learned that Nunez, Samuel Garcia, Jennifer Nunez, and others were actively involved in the distribution of oxycodone pills. On multiple occasions, intercepted calls showed that members of the conspiracy (including Jose Nunez and Raul Hernandez) traveled to New York, obtained pills from a source of supply (Manuel Tirado), and then brought them back to New Hampshire. On one occasion, Jose Nunez was stopped in Massachusetts while transporting $18,900 in cash that was to be used to pay for oxycodone pills that were being supplied by Tirado.

 

            Several targets of the investigation were arrested in Manchester on August 27, 2014. Hernandez was arrested as he attempted to deliver over 600 oxycodone pills to the residence of Samuel Garcia and Jennifer Nunez on Eastern Avenue in Manchester, New Hampshire. A search warrant was executed at that residence and hundreds of additional pills, as well as over $30,000 in cash and three firearms, were recovered from that location. Garcia, Jennifer Nunez, and Johanna Nunez were arrested that day. Jose Nunez was arrested in October of 2014, after returning to the United States from the Dominican Republic.

 

            Jose Nunez pleaded guilty on March 6, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) four counts of Distribution of a Controlled Substance; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime. After serving his prison sentence, he will be on supervised release for a period of three years.

 

            All of the other individuals who were involved in this conspiracy also have pleaded guilty.

 

            Samuel Garcia (36) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime. He is awaiting sentencing.

 

            Jennifer Nunez (26) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Distribution of a Controlled Substance; and (4) Possession of a Firearm During a Drug Trafficking Crime. She is awaiting sentencing.

 

            Johanna Nunez (30) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; and (2) four counts of Distribution of a Controlled Substance. On June 23, 2015, she was sentenced to 51 months in prison, followed by three years of supervised release.

 

            Raul Hernandez (29) pleaded guilty on March 17, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance and (2) Possession of a Controlled Substance with Intent to Distribute. On June 23, 2015, he was sentenced to 48 months in prison, followed by three years of supervised release.

 

           An additional defendant, Edward Anthony Hiciano Beltre, is a fugitive.

 

           A source of supply for the organization, Manuel Tirado, pleaded guilty to participating in a drug conspiracy and failure to appear on August 23, 2016. On January 3, 2017, he was sentenced to 15 years in prison, followed by three years of supervised release.

 

           In addition to these defendants, several additional individuals who obtained oxycodone from this organization and resold it to customers have pleaded guilty to federal drug conspiracy charges. Ryan Demers, William Alba, Bonnie Labrie, Krystal Mailhot, and Yonajaira Galarza Ramos have all entered guilty pleas in federal court.

 

           Demers was sentenced on September 22, 2015, to 57 months in prison, followed by three years of supervised release. That sentence was affirmed on appeal by the United States Court of Appeals for the First Circuit.

 

           Labrie was sentenced on March 11, 2016, to 72 months in prison, followed by three years of supervised release.

 

           Alba was sentenced on June 17, 2016, to 72 months in prison, followed by three years of supervised release.

 

           Mailhot and Ramos are awaiting sentencing.

 

           "The DEA is committed to investigating and bringing to justice those who illicitly distribute oxycodone,” said DEA Special Agent in Charge Michael J. Ferguson. “Opiate abuse is a major problem in New Hampshire and throughout New England. The diversion of prescription pain killers, in this case oxycodone, contributes to the widespread abuse of opiates, is the gateway to heroin and fentanyl addiction, and is devastating our communities. This investigation demonstrates the strength of collaborative law enforcement efforts in the Granite State and our strong partnership with the U.S. Attorney’s Office to aggressively pursue any group or individual that traffics these drugs.”

 

            U.S. Attorney Rice stated, “Many individuals begin their journey to addiction through oxycodone use. While these pills have a legitimate medical use, the illicit distribution of these potentially addictive drugs has been a significant factor in the development of the opioid crisis that is affecting New Hampshire. The U.S. Attorney’s office will continue to work with the law enforcement community to stop the flow of opiates and opioids onto the streets of New Hampshire. We also will aggressively prosecute individuals who possess or use firearms while trafficking in drugs.”

 

            This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. This particular investigation involved cooperative efforts of federal and local law enforcement entities, including the Drug Enforcement Administration, the Manchester Police Department, the New Hampshire State Police, the Massachusetts State Police, and the Hillsborough County Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys John J. Farley and Debra M. Walsh.

 

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CONCORD, N.H. – United States Attorney Emily Gray Rice, announced that Jeremiah S. Loui pleaded guilty in federal court to a misdemeanor charge of illegally possessing and selling a bird of prey protected by the Migratory Bird Treaty Act. Loui, thirty-one years old, lives in Dover, N.H.

 

            According to court documents and statements made during today’s hearing, Loui sold a taxidermied Accipiter gentilis, commonly known as a Northern Goshawk, on the internet. He also sold or possessed fourteen other taxidermied birds of prey protected under either the MBTA or a similar wildlife statute, the Wild Bird Conservation Act. Loui made false statements to a law enforcement officer investigating his offenses.

 

            Birds of prey, including the Northern Goshawk, play an important role in ecosystems here in the United States and across the globe. "This investigation demonstrates the commitment of the U.S. Fish and Wildlife Service to combat illegal wildlife trafficking and bring to justice those who exploit protected resources for personal gain” said Honora Gordon, Special Agent in Charge with the U.S. Fish and Wildlife Service.

 

            United States Magistrate Judge Andrea K. Johnstone accepted Loui’s guilty plea and scheduled his sentencing for May 9, 2017. He is subject to a statutory maximum sentence of six months’ imprisonment, a fine of up to $15,000 or both. As part of his plea agreement, Loui agreed to forfeit any interest he has in any of the fifteen protected birds.

 

            This matter was investigated by the U.S. Fish and Wildlife Service with valuable support from the U.S. Postal Inspection Service. The case is being prosecuted by Assistant United States Attorney Bill Morse.

 

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CONCORD, N.H. – United States Attorney Emily Gray Rice today announced that Anthony Sok Say pleaded guilty in federal court to joining an illegal scheme to purchase a firearm. Sok Say pleaded guilty to one count of the federal crime of Conspiracy to Make a False Statement in Connection with the Attempted Acquisition of a Firearm. Sok Say, 25 years old, lived in Lowell, Massachusetts, prior to his arrest.

 

            According to court documents and statements made during today’s hearing, Sok Say and a co-conspirator, Grace Corcoran, visited a federally licensed firearms dealer in Hooksett, New Hampshire on October 21, 2015. Sok Say solicited Corcoran, a New Hampshire resident to buy a hand gun for Sok Say. As a resident of Massachusetts, Sok Say could not purchase a hand gun in New Hampshire himself. Under federal law, it is illegal for a firearms dealer to sell handguns to an individual from another state.

 

            In connection with the attempted hand gun purchase, Corcoran filled out a form legally required for all intrastate over-the-counter gun purchases. On that form, Corcoran falsely certified that she was the “actual purchaser” of the hand gun. The transfer of firearms was never accomplished because employees of the firearms dealer became suspicious, declined to complete the transaction and notified the authorities.

 

            Sok Say’s sentencing is scheduled for May 16, 2017. Corcoran pleaded guilty to a related charge on January 12, 2017, and is scheduled for sentencing on April 25, 2017.

 

            This case was prosecuted as part of Project Safe Neighborhoods, a national initiative undertaken by the U.S. Department of Justice to reduce gun crime in America through, among other things, community outreach and vigorous prosecution of firearms offenses.

 

            This matter was investigated by the Bedford Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Manchester (N.H.) Police Department. The case is being prosecuted by Assistant United States Attorney Bill Morse.

 

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            CONCORD, N.H. – United States Attorney Emily Gray Rice announced that on January 26, 2017, a jury found Suzanne Brown, age 51, of Errol, New Hampshire, guilty of twelve counts of making a material false statement to a federal agency in violation of Title 18, United States Code, Section 1001(a)(2), after a five-day trial in the United States District Court for the District of New Hampshire.

 

            The trial began on Wednesday, January 18, 2017 and ended with the jury’s verdict on January 26, 2017. The guilty verdict means that the jury found that on twelve occasions Brown made false statements and representations in documents submitted to the United States Department of Agriculture (“USDA”). Brown, acting as Executive Director of the New Hampshire Institute of Agriculture and Forestry (“NHIAF”), submitted documents certifying that NHIAF had paid thousands of dollars to employees for services rendered. These statements were made in order to draw down funds from a USDA Rural Business Enterprise Grant. The statements were false because NHIAF had not paid the employees for their services. In nine of the twelve submissions to the USDA, Brown created fraudulent invoices purportedly prepared by one or more employees outlining the services they performed and money they were owed.

 

            Brown’s sentencing before United States District Court Chief Judge Joseph N. LaPlante is scheduled for May 11, 2017.

 

            The case was investigated by the United States Department of Agriculture Office of Inspector General and was prosecuted by Assistant United States Attorneys Seth Aframe and Georgiana Konesky. Former Assistant United States Attorney Nick Abramson previously was involved in the matter.

 

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CONCORD, N.H. – Edmond A. Mitchell, 37, of Dover, New Hampshire, was sentenced to 52 months in prison in United States District Court for the District of New Hampshire for his role in interstate prostitution, announced United States Attorney Emily Gray Rice.

 

            According to court records and statements in court, on August 29, 2014, Mitchell was involved in bringing two women from New Hampshire to Portland, Maine, to engage in prostitution. Mitchell arranged for a third party to drive him and the two women to Portland, Maine, and Mitchell rented two hotel rooms in Portland, Maine. The women posted ads on Backpage.com offering “escort services” in the Portland, Maine, area and they provided some or all of the proceeds from their prostitution activities in Maine to Mitchell.

 

            On September 15, 2016, Mitchell pleaded guilty to aiding and abetting transportation for prostitution.

 

            This case was investigated by Homeland Security Investigations of the Department of Homeland Security and the Hampton, New Hampshire, Police Department. It was prosecuted by Assistant United States Attorney Mark S. Zuckerman.

 

 

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            CONCORD, N.H. – Mary Sosa, 57, of Amherst, pleaded guilty today in United States District Court for the District of New Hampshire to three counts of Making False Statements, announced United States Attorney Emily Gray Rice.

 

            According to court documents and statements made in court, Sosa began receiving Social Security disability benefits in 1997. She also received Medicaid benefits since July 2013 and Food Stamps, also known as SNAP benefits, beginning in July 2014. Eligibility for each of these benefits programs is based, in part, on the applicant having limited income and resources. In assessing a married individual’s eligibility for Social Security disability benefits, Medicaid, and Food Stamps, the income of the applicant’s spouse is considered.

 

            Sosa married in September 2001, but she failed to disclose her marriage to Social Security as required. Instead, she reported that she was never married. When she finally admitted to Social Security in 2014 that she was married, she falsely stated that her husband moved out of their residence two days after their wedding. Similarly, in connection with her claims for Medicaid and Food Stamps, Sosa erroneously informed the New Hampshire Department of Health and Human Services that she was never married and she failed to identify her husband as a member of her household. Her husband’s income would have rendered her ineligible to receive any Supplemental Security Income benefits, Medicaid, and Food Stamps. As a result of concealing her marriage and her husband’s true residence from the Social Security Administration and from the New Hampshire Department of Health and Human Services, Sosa fraudulently received $91,669.38 in disability benefits, $21,524.59 in Medicaid, and $1,963 in Food Stamps.

 

            Sosa is scheduled to be sentenced on May 4, 2017. She was released on conditions pending sentencing.

 

            The case was investigated by the Social Security Administration’s Office of the Inspector General and the New Hampshire Department of Health and Human Services’ Special Investigations Unit, with assistance from the Town of Amherst Police Department. The case was prosecuted by Special Assistant United States Attorney Karen Burzycki.

 

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Steven Tucker, 31, of Manchester, N.H., was charged yesterday in a 3-count indictment in the District of New Hampshire with sex trafficking of a minor, use of a facility of interstate commerce to operate a prostitution enterprise, and maintaining a drug-involved premises.

According to allegations in the indictment, Tucker sold heroin out of his residence and used the internet, cellular telephones, and prepaid debit cards to prostitute women and a minor girl as part of an interstate prostitution enterprise.  According to court documents, Tucker profited from operating the prostitution enterprise.

An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.  If convicted of sex trafficking of a minor, Tucker faces a mandatory minimum sentence of 10 years in prison.  Maintaining a drug-involved premises carries a statutory maximum of 20 years in prison, and using a facility of interstate commerce to promote an unlawful activity carries a statutory maximum sentence of 5 years in prison.

The scheduled trial date is set for March 21, 2017.

The case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Manchester Police Department of New Hampshire.  The case is being prosecuted by Assistant United States Attorney Arnold Huftalen of the District of New Hampshire and Trial Attorney Vasantha Rao of the Civil Rights Division’s Human Trafficking Prosecution Unit.

 

Defendant Charged with Selling Heroin and

Prostituting Women and a Minor Girl for his Profit

 

            CONCORD, N.H. – Steven Tucker, 31, of Manchester, N.H., was charged on Wednesday, Jan. 25, in a 3-count indictment in the District of New Hampshire with sex trafficking of a minor, use of a facility of interstate commerce to operate a prostitution enterprise, and maintaining a drug-involved premises.

 

            According to allegations in the indictment, Tucker sold heroin out of his residence and used the internet, cellular telephones, and prepaid debit cards to prostitute women and a minor girl as part of an interstate prostitution enterprise. According to court documents, Tucker profited from operating the prostitution enterprise.

 

            An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty. If convicted of sex trafficking of a minor, Tucker faces a mandatory minimum sentence of 10 years in prison. Maintaining a drug-involved premises carries a statutory maximum of 20 years in prison, and using a facility of interstate commerce to promote an unlawful activity carries a statutory maximum sentence of 5 years in prison.

 

            Tucker was arraigned today in United States District Court in Concord, New Hampshire. A trial date has been scheduled for March 21, 2017.

 

            The case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Manchester Police Department of New Hampshire. The case is being prosecuted by Assistant United States Attorney Arnold Huftalen of the District of New Hampshire and Trial Attorney Vasantha Rao of the Civil Rights Division’s Human Trafficking Prosecution Unit.

 

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            CONCORD, N.H.: Allan Yianakopolos, 49, of Manchester, New Hampshire, pled guilty on Thursday in United States District Court for the District of New Hampshire to possessing child pornography, announced United States Attorney Emily Gray Rice.

            A joint investigation by the New Hampshire Crimes Against Children Task Force, Homeland Security Investigations Manchester, the Manchester, New Hampshire Police Department, and the Bedford, New Hampshire Police Department resulted in the seizure of various electronic devices from Yianakopolos’s Manchester residence. A search of those devices revealed hundreds of images and videos of child pornography.

            Sentencing is scheduled for May 10, 2017.

            In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

            The case was investigated by the New Hampshire Crimes Against Children Task Force in conjunction Homeland Security Investigations Manchester, and the police departments of Manchester and Bedford, New Hampshire. The case is being prosecuted by Assistant United States Attorney Georgiana Konesky.

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            CONCORD, N.H. – United States Attorney, Emily Gray Rice, announced today that Jason Ponder, 36, an inmate who had been at the Federal Correctional Institution in Berlin, New Hampshire, pleaded guilty today to possessing contraband in the prison. Ponder possessed a quantity of the synthetic cannabinoid known as AB-Fubinaca, a controlled substance. Ponder was transferred to another federal prison after the incident.

 

           On March 12, 2016, Ponder was visited by his girlfriend and a minor child. While the three were in the prison’s Visitation Room, the girlfriend passed three small white packages to Ponder. The correctional staff monitoring the visitation room saw the activity and it was captured on the prison’s security cameras. Ponder’s visit was immediately terminated and the girlfriend surrendered two packages of material to prison officials. Laboratory analysis of the material confirmed it was a AB-Fubinaca.

 

            Synthetic cannabinoids are green leafy materials that have been sprayed with chemicals. These products (commonly referred to as “spice” or “K2”) are often marketed as incense or potpourri. Although the products are often sold in packages labeled as “not for human consumption,” the products are smoked in order to obtain a high. The chemicals that are sprayed on the products to produce the high are often illegal controlled substances or analogues of illegal controlled substances. The ingestion of these types of illegal products has caused some users to experience a variety of medical side effects and has led to numerous hospitalizations.

 

            A sentencing hearing has been scheduled for May 8, 2017 at 2:00 p.m. Ponder has agreed to serve an eight-month sentence that will be begin after he completes his current sentence.

 

            The case was investigated by the Federal Bureau of Prisons and was prosecuted by AUSA Don Feith.

 

 

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CONCORD, N.H. – United States Attorney Emily Gray Rice announced today that Tony Aoude, 45, of Derry, New Hampshire pleaded guilty to conspiracy charges related to the sales of synthetic cannabinoid products.

 

          Aoude pleaded guilty to Conspiracy to Violate the Travel Act and Conspiracy to Receive Misbranded Products. According to court documents and statements in court, in 2013 and 2014, Aoude sold synthetic cannabinoid products at stores that he operated in Londonderry and Hooksett, New Hampshire. These products contained XLR11 and AB-FUBINACA, which are illegal controlled substances. The products were sold in packages with false and misleading labels that stated that the products were “not for human consumption” or were “legal in 50 states.” Despite being aware that the products were intended for human consumption, he sold various forms of the product that bore multiple labels, including “Toxic Blue Magic” and “Caution Platinum.”

 

          During the course of a law enforcement investigation, undercover officers asked to purchase quantities of these products for resale in Florida. Despite being told by a co-conspirator (Robert Costello) that the products were unlawful in Florida, Aoude arranged for the undercover officers to purchase the drugs at his store in Londonderry. He also received payments for facilitating the shipment of additional products to Florida.

 

          Sentencing for Aoude has been scheduled for May 4, 2017.

 

          This investigation led to the arrest and prosecution of multiple individuals. Costello, who provided synthetic cannabinoids to Aoude, is serving a 60-month federal prison sentence. Kyle Hurley, who arranged to manufacture and distribute these drugs, is serving a 114-month prison sentence.

 

          Synthetic cannabinoids are green leafy materials that have been sprayed with chemicals. These products (commonly referred to as “spice” or “K2”) are often marketed as incense or potpourri. As in this case, the packaging materials often contain attractive logos that are designed to appeal to young people. Although the products are often identified as “not for human consumption,” the products are smoked in order to obtain a high. The chemicals that are sprayed on the products to produce the high are often illegal controlled substances or analogues of illegal controlled substances. The ingestion of these types of illegal products has caused some users to experience a variety of medical side effects and has led to numerous hospitalizations.

 

          “There is a misconception that synthetic cannabinoids, known on the street as synthetic marijuana, K2, and spice, are safe. Synthetic cannabinoids are anything but safe,” said DEA Special Agent in Charge Michael J. Ferguson. “They are a toxic cocktail of lethal chemicals with serious health and safety risks. This investigation represents local, state and federal law enforcement’s efforts to combat this emerging public threat.”

 

          U.S. Attorney Rice agreed, saying, “while we are in the midst of an opioid epidemic, some individuals may believe that synthetic cannabinoids are a safe alternative for those looking to get high. These products are far from safe. They are made in highly unsanitary conditions and users have no idea what potentially deadly chemical may be inside these glossy packages. This packaging can give consumers a false sense of security about using a product that could harm or kill them.”

 

          This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The Drug Enforcement Administration’s Tactical Diversion Squad led the investigation in collaboration with the US Postal Inspection Service and Homeland Security Investigations. The investigators also received the invaluable assistance of DEA-NH/HIDTA and DEA’s Air Wing, the New Hampshire and Massachusetts State Police, the U.S. Marshals Service, Portsmouth Police Department, Somersworth Police Department, Kingston Police Department, the Dover Police Department, the Londonderry, Police Department and the York and Kittery, Maine Police Departments. It is being prosecuted by Assistant United States Attorneys John J. Farley and Charles Rombeau.

 

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          CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced that Alexander Ortega, of Barnesville, Pennsylvania, has pleaded guilty to one count of bank fraud.

 

          Ortega pleaded guilty before United States District Judge Landya McCafferty to an Indictment that had been returned by the Grand Jury on March 23, 2016.

 

          According to court filings and statements in Court, between February 7, 2014, and March 13, 2014, Ortega opened a bank account with counterfeit checks and then, using certified bank checks from that account, and the ATM/Debit card associated with the account, he withdrew funds fraudulently, causing a total loss of approximately $34,163.93.

 

          Ortega will be sentenced at 11:00 AM on May 2, 2017.

 

          The case was investigated by the U.S. Postal Inspection Service and the Lebanon, and Enfield, New Hampshire Police Departments. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.

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          CONCORD, N.H. – United States Attorney, Emily Gray Rice announced that Elvis Barban Chavez, 45, and Dairon Julio Jimenez Roja, 26, both of Texas, pleaded guilty to identity theft and conspiracy to commit credit card fraud. A third individual, Franciso Tamayo Noguera, is scheduled for trial in February.

 

          According to documents that were filed in United States District Court and statements made during the change of plea hearings, Roja, Chavez, and Noguera traveled from Austin, Texas to New Hampshire in late December 2015 and early January 2016. Once they arrived in New Hampshire, they began purchasing gift cards at various retail stores in the area, including the Sam’s Club store in Hudson, New Hampshire. The group obtained the credit card information for various individuals, including numerous New Hampshire residents, by downloading the information from a skimmer that was hidden in a gas pump at a store in Londonderry, New Hampshire. After downloading the information, the group used it at the self-checkout counters at the retail stores to purchase gift cards in the amount of $200. The total estimated loss is greater than $15,000.

 

          On January 12, 2016, the Hudson Police Department were notified that the group was in the store purchasing gift cards. The police responded to the store and pursued the group into Tyngsborough, Massachusetts, where they were arrested by the Tyngsborough Police. Numerous cards and a skimming device were found in the vehicle.

 

          A sentencing hearing for Mr. Chavez is scheduled for May 7, 2017. sentencing hearing for Mr. Roja is scheduled for May 9, 2017. Both defendants have entered into plea agreements with the United States which, if accepted by the court, provide for a prison sentence of 24 months and one day.

 

          The case was investigated by the Hudson Police Department, the Londonderry Police Department, the Manchester Police Department, the Tyngsborough Police Department and the New Hampshire State Police Forensic Laboratory. Numerous other departments and the staffs at various Sam’s Club stores assisted in the investigation.

 

          The public is reminded that Mr. Noguera is presumed innocent of the charges listed in the indictment.

 

 

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            CONCORD, NEW HAMPSHIRE – United States Attorney Emily Gray Rice announced that Gerardo Solis-Rojas, of Mexico, was sentenced to ten months in federal prison after pleading guilty, on November 21, 2016, to illegally re-entering the United States after having been previously deported.

            Solis-Rojas was arrested by Immigration and Customs Enforcement Deportation Officers on August 31, 2016, after they developed information that Solis-Rojas was present in the United States after having been deported on three previous occasions.

            Solis-Rojas now faces likely deportation.

            The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Alfred Rubega prosecuted this case.

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            CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced that Victor Lopez-Mejia, of Honduras, has pleaded guilty to re-entering the United States after having been deported previously.

            Lopez-Mejia pleaded guilty before United States District Judge Landya McCafferty to an Indictment that had been returned by the Grand Jury on October 19, 2016.

            According to court filings and statements in Court, on May 1, 2016, Lopez-Mejia was a passenger in a vehicle stopped for speeding by a New Hampshire State Police Trooper. While the Trooper was checking the identity of the vehicle operator and occupants, Lopez-Mejia jumped from the vehicle and began to run away, but was apprehended after a short foot pursuit. A Deportation Officer with Immigration and Customs Enforcement - Enforcement and Removal Operations in Manchester was then contacted for assistance in positively identifying Lopez-Mejia. A subsequent records check ultimately confirmed that Lopez-Mejia had in fact been deported previously to Honduras.

            Lopez-Mejia will be sentenced at 11:00 AM on April 20, 2017 and faces likely deportation after serving his sentence.

            The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.

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            Concord, N.H. – United States Attorney Emily Gray Rice announced that Juan Rojas, 32, of Haverhill, Massachusetts, pleaded guilty today to (1) conspiracy to distribute, and possess with intent to distribute, oxycodone and cocaine and (2) conspiracy to possess a firearm in furtherance of a crime of violence. Rojas appeared before United States District Court Judge Steven J. McAuliffe to enter his guilty plea.

 

            According to documents that were filed in court and statements in the plea proceeding, Rojas admitted that he and others participated in the distribution of cocaine and oxycodone pills in Massachusetts and New Hampshire. During a court-authorized wiretap investigation, law enforcement officers intercepted calls in which Rojas obtained quantities of oxycodone and cocaine, which he then supplied to others, including Franklyn and Mara Morillo. The Morillos then arranged to distribute the drugs to customers. Rojas was arrested on August 18, 2015, and approximately 110 grams of cocaine were recovered from a vehicle he was operating.

 

            During the wiretap investigation, officers also intercepted calls indicating that Rojas and another individual (Oscar Rosario) were planning to rob a drug dealer. Intercepted calls showed that Rosario traveled from New Hampshire to Haverhill, Massachusetts, where he obtained a firearm from Rojas. A law enforcement officer later stopped Rosario and recovered the firearm before it could be used to commit the robbery.

 

            A sentencing hearing has been scheduled for May 10, 2017.

 

            Rojas is one of six individuals indicted by a federal grand jury on September 23, 2015, and charged with conspiracy to distribute, and possess with intent to distribute, controlled substances. The other defendants are: Mara Morillo, 41, of Haverhill, Massachusetts; Franklyn Morillo, 41, of Haverhill, Massachusetts; Jorge Medina, 25, of Haverhill, Massachusetts; Justin Bartimus, 35, formerly of Methuen, Massachusetts; and Michael Lally, 28, of Salem, New Hampshire. All of the other defendants have pleaded guilty and are awaiting sentencing.

 

            Rojas and Rosario were charged in a separate indictment with conspiracy to possess a firearm in furtherance of a crime of violence. Rosario previously pleaded guilty and is awaiting sentencing.

 

            This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The Drug Enforcement Administration’s Tactical Diversion Squad led the investigation with assistance from the Haverhill, Massachusetts Police Department, the Methuen, Massachusetts Police Department, and the Massachusetts State Police. It is being prosecuted by Assistant United States Attorney John J. Farley.

 

 

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