District Not Recorded

A federal judge sentenced a Long Island, New York sales representative to prison for fraudulently selling vending machine businesses, the Justice Department announced today.

 

Richard R. Goldberg, 44, of Holbrook, New York, was sentenced to serve 36 months in prison followed by three years of supervised release and ordered to pay $546,487.77 in restitution by U.S. District Court Judge Joan M. Azrack of the Eastern District of New York. Goldberg was found guilty after a six-week trial in 2015 of wire fraud and conspiracy. He is one of 24 defendants who have been convicted of fraud in connection with Multivend LLC d/b/a/ Vendstar, which was based in Deer Park, New York.

 

“The defendant enticed people to pay $10,000 or more for a business that he promised would be prosperous, when he knew it was likely to fail,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “That is a serious and reprehensible crime. The Department of Justice is committed to protecting consumers by prosecuting such frauds.”

 

Vendstar sold vending machine businesses in which it promised to provide vending machines, candy, locations, and everything else buyers would need to succeed. The company closed in July 2010. advertised in newspapers and on the Internet and sold the businesses to victims nationwide. But ’s sales representatives – with the knowledge and approval of Vendstar’s managers – misrepresented the business opportunity’s likely profits, the amount of money that ’s prior customers were earning, how quickly customers were likely to recover their investment, the quality of locations that were available for the vending machines, and the level of location assistance that customers would receive from locating companies recommended by Vendstar. Vendstar referred customers to locating companies that did not find profitable locations and regularly changed their names to stay ahead of constant complaints. During the last five years it was open, made more than $60 million in sales. Buyers received the vending machines, but little else, and most of them lost most or all of their investment.

 

Acting Assistant Attorney General Readler commended the U.S. Postal Inspection Service for its thorough investigation. The case was prosecuted by Senior Litigation Counsel Patrick Jasperse and Assistant Director Alan Phelps of the Civil Division’s Consumer Protection Branch. During the last 10 years, approximately 170 individuals have been convicted of fraudulently selling business opportunities in cases prosecuted by the Consumer Protection Branch.

 

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.

 

The Justice Department reached an agreement today with Levy Premium Foodservice Limited Partnership, doing business as Levy Restaurants, a national chain of sports arena restaurants.  The settlement resolves the department’s investigation of a charge filed by a work-authorized immigrant against Levy’s Barclay Center restaurant in Brooklyn, New York, alleging discrimination in violation of the Immigration and Nationality Act (INA). 

The department concluded, based on its investigation that Levy discriminated against two lawful permanent residents at its Barclay Center restaurant by improperly reverifying their employment eligibility because of their immigration status.  The department also determined that Levy improperly required them to present specific types of documents to re-establish their employment eligibility and suspended the charging party when he was unable to present such a document.  The antidiscrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on the employee’s citizenship, immigration status or national origin.  

Levy cooperated with the department throughout the investigation, quickly reinstated the charging party, and restored his lost wages and leave benefits.  Under the settlement, Levy must pay a civil penalty to the United States, undergo department-provided training on the anti-discrimination provision of the INA and be subject to departmental monitoring and reporting requirements.

“The Justice Department is committed to ensuring the rights of lawful U.S. workers to be free from discriminatory barriers based on their citizenship, immigration status or national origin,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division.  “We commend Levy for working with the Civil Rights Division to implement the corrective action resolving this matter.”

The division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the anti-discrimination provision of the INA.  The statute prohibits, among other things, citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.   

For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email IER@usdoj.gov; or visit IER’s English and Spanish websites.

Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.

Levy Settlement Agreement

Executive Agrees to Serve 14 Months in a U.S. Prison

An executive of an automotive parts company pleaded guilty today for his role in a conspiracy to obstruct a federal investigation and for attempting to obstruct justice, the Department of Justice announced.

Futoshi Higashida, formerly the president of a U.S. joint venture of an automotive body sealing products supplier based in Hiroshima, Japan, pleaded guilty today in the U.S. District Court of the Eastern District of Michigan to a two-count indictment charging him with conspiring to obstruct justice and attempting to obstruct justice.  As a part of the plea agreement, Higashida agreed to serve 14 months in prison, pay a $7,500 criminal fine and was sentenced accordingly today.

“The Antitrust Division takes just as seriously pursuing individuals in the automotive parts industry who attempt to hide the facts as it does the subversion of the competitive process,” said Acting Assistant Attorney General Brent Snyder of the Justice Department’s Antitrust Division.  “We will continue to pursue the truth and to protect American consumers.”

On Sept. 21, 2016, a federal grand jury in the U.S. District Court of the Eastern District of Michigan returned an indictment against Higashida and another executive, who remains under indictment.  According to the indictment, the defendants, along with their co-conspirators, conspired from at least as early as June 2008 until at least September 2012, to delete emails and electronic records and to destroy documents referring to communications with competitors, in contemplation of a federal investigation.  During the charged conspiracy, Higashida was employed by an automotive body sealing products supplier in Japan and later in Novi, Michigan, as president of that company’s U.S. joint venture with another company.  In addition, according to the indictment, on Sept. 25, 2012, intending to obstruct an official proceeding, Higashida instructed another individual to ensure that no phone numbers or call records remained on his cellular telephone and that no data remained on his computer that would reflect competitor communications.  

Today’s guilty plea is the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry, which is being conducted by the Antitrust Division’s criminal enforcement sections and the FBI.  A total of 65 individuals and 47 companies have been charged in the Antitrust Division’s investigations into the automotive parts industry.  This case was brought by the Antitrust Division’s Chicago Office and the FBI’s Louisville Field Office, Covington Resident Agency, with the assistance of the FBI’s International Corruption Unit and the U.S. Attorney’s Offices for the Eastern District of Michigan and the Eastern District of Kentucky.  

Anyone with information about anticompetitive conduct in the automotive parts industry should contact the Antitrust Division’s Citizen Complaint Center at 888-647-3258, visit www.justice.gov/atr/contact/newcase.html or contact the FBI’s Louisville Field Office at 502-263-6000.

A Lauderhill, Florida tax return preparation business, and several of its corporate officers, prepare false tax returns for their customers, according to a new civil lawsuit filed by the Justice Department today. The suit, filed in federal court in Fort Lauderdale, Florida, asks the court to bar Aleluya Universal Accounting Services Inc. (Aleluya) and its officers Frantz Petit-Dos, Luczor Fertilien, and David Joseph from preparing federal income tax returns for others. The government also requests a court order requiring the business and these officers to disgorge the gross receipts they obtained from preparing federal tax returns that make, among other things, false claims.

 

The complaint alleges that the defendants prepare tax returns that unlawfully understate income tax liabilities and overstate refunds by fabricating and/or exaggerating deductions and tax credits their clients are not eligible to take. For example, the defendants claimed Fuel Tax Credits for customers who did not qualify for this credit, according to the complaint. In particular, Joseph falsely advised one customer that she was eligible for the Fuel Tax Credit because she was self-employed and drove herself to work, according to the complaint. Similarly, Fertilien told the Internal Revenue Service (IRS) that he advised anyone with receipts for gas used in their vehicles could claim the Fuel Tax Credit, according to the complaint.

 

The government alleges in its complaint that Petit-Dos’s, Fertilien’s, and Joseph’s misconduct predates the creation of Aleluya. Prior to Joseph forming Aleluya in June 2013, Petit-Dos and Fertilien owned a tax return preparation business called Imperial Taxation that was located at the same Lauderhill location as Aleluya, according to the complaint. The complaint alleges that Petit-Dos, Fertilien, and Joseph (a return preparer at Imperial Taxation) prepared false tax returns and committed other violations of the Internal Revenue Code while at Imperial Taxation. Altogether, the complaint alleges that the loss to the U. S. Treasury from the defendants’ activities may be in the millions of dollars.

 

The IRS is reminding taxpayers that the 2017 individual income tax return filing season began on Jan. 23, 2017, and there is information available on the IRS’s website. Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2016 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers.

 

In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

 

A former senior executive of Tenet Healthcare Corporation, was indicted for his alleged role in an over $400 million scheme to defraud.  The indictment alleges that the scheme to defraud victimized the U.S. government, the Georgia and South Carolina Medicaid Programs, and prospective patients of Tenet hospitals.    

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Special Agent in Charge David J. LeValley of the FBI’s Atlanta Division and Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Atlanta Field Office made the announcement.

John Holland, 60, of Dallas, was charged in an indictment filed on Jan. 24 in the Southern District of Florida with one count of mail fraud, one count of health care fraud and two counts of major fraud against the United States.  Holland made an initial appearance today, Feb. 1, at 2:00 p.m. EST before U.S. Magistrate Judge Edwin G. Torres of the Southern District of Florida.  

According to the indictment, Holland formerly served as a senior vice president of operations for Tenet Healthcare Corporation’s Southern States Region and as chief executive officer of North Fulton Medical Center Inc. in Roswell, Georgia.  The indictment alleges that from approximately 2000 through 2013, Holland engaged in a scheme to defraud the United States, and the Georgia and South Carolina Medicaid Programs, by causing the payment of bribes and kickbacks in return for the referral of patients to North Fulton Medical Center Inc. and other Tenet hospitals in the Southern States Region, including Atlanta Medical Center Inc., Spalding Regional Medical Center Inc. and Hilton Head Hospital.  From approximately 2007 through 2013, Tenet maintained and operated an affiliated billing center located in Boca Raton, Florida, that assisted in processing, for payment, Medicaid billings for these hospitals.  Holland took affirmative steps to conceal the scheme including by circumventing internal accounting controls and falsifying Tenet’s books, records and reports.  These kickbacks and bribes helped Tenet bill the Georgia and South Carolina Medicaid Programs over $400 million, and Tenet obtained more than $149 million in Medicaid and Medicare funds based on the resulting patient referrals, the indictment alleges.  

According to the allegations, to effectuate the scheme, Holland, among other things, made false and fraudulent statements to HHS-OIG in connection with Tenet’s 2006 Corporate Integrity Agreement (the CIA), in which he falsely certified to HHS-OIG that Tenet was in compliance with the terms of participation in the Medicare and Medicaid Programs, and the terms of the CIA, when in fact he knew that Tenet was paying for illegal patient referrals.  Holland’s certifications were included as part of Tenet’s yearly annual reports that were mailed to the HHS-OIG monitor located in Miami Lakes, Florida.  During the duration of the CIA from 2007 through 2011, Tenet received over $10 billion in payments from federal health care programs – monies that Tenet would not have received had the company been excluded from participation in federal health care programs, the indictment alleges.

“These charges underscore our continued commitment to holding both individuals and corporations accountable for their fraudulent conduct,” said Acting Assistant Attorney General Blanco.  “We will follow the evidence where it takes us, including to the corporate executive ranks.”

“Medicaid patients have the right to seek healthcare without fearing that care is tainted by bribes and illegal kickbacks,” said Special Agent in Charge for FBI’s Atlanta Division LeValley.  “Not only did patients suffer because of these alleged actions, but this kind of alleged abuse threatens to drive up the cost of healthcare for everyone.  The FBI is committed to ensuring that federal laws related to the healthcare industry are enforced, and this case is an example of that commitment.”

“Health care companies and their executives must bill taxpayer-funded health programs honestly,” Special Agent in Charge Jackson of the HHS Office of Inspector General.  “Working with our law enforcement partners, our office will continue to pursue those who attempt to defraud Medicare and Medicaid, as alleged in this indictment.”

On Oct. 19, 2016, North Fulton Medical Center Inc. and Atlanta Medical Center Inc. pleaded guilty to conspiring to defraud the United States and to violate the Anti-Kickback Statute.  Tenet subsidiary Tenet HealthSystem Medical Inc. and its subsidiaries (THSM) also entered into a non-prosecution agreement (NPA) with the government at that time.  Under the terms of the NPA, THSM and Tenet will avoid prosecution if they, among other requirements, cooperate with the government’s ongoing investigation and enhance their compliance and ethics program and internal controls.  Tenet also agreed to retain an independent compliance monitor to address and reduce the risk of any recurrence of violations of the AKS by any entity owned in whole, or in part, by Tenet.  Tenet and its subsidiaries also agreed to pay over $513 million to resolve the criminal charges and civil claims arising from the matter. 

An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.  

The FBI’s Atlanta Field Office, HHS-OIG and the FBI Healthcare Fraud Unit Major Provider Reponse Team are conducting the investigation.  Deputy Chief Joseph S. Beemsterboer, Assistant Chiefs Robert A. Zink and Sally B. Molloy and Trial Attorney Antonio M. Pozos of the Criminal Division’s Fraud Section are prosecuting the case. 

The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force.  Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine locations across the country, has charged nearly 3,000 defendants who have collectively billed the Medicare program for more than $11 billion.  In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

If you believe you are a victim of this offense, please visit this website or call (888) 549-3945.

          ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced the United States of America, on behalf of Ray Mabus, Secretary of the Navy, settled the lawsuit Ballard v. Mabus, CV13-00024 (D. Guam). The Plaintiff claimed that the Navy created a hostile work environment because of sexual harassment, age and race discrimination, and retaliated against him for accusing a co-worker, who had worked at the facility for many decades, of sexual harassment and another co-worker of age and race discrimination. The Navy’s internal investigation found that the allegations against the co- workers were false and that no sexual harassment occurred. The Navy also determined that Plaintiff’s substandard work performance warranted termination of his employment during the probationary period. Plaintiff worked for the Navy for a total of approximately four months.

 

           After a Summary Judgment hearing before the District Court, Plaintiff’s claim of a hostile work environment based on sexual harassment and age and race discrimination was dismissed with prejudice. Because of the short time period between Plaintiff’s allegations against his co-workers and his dismissal by the Navy, the issue of possible retaliation remained to be resolved by a trial. Recognizing that trial would require the United States to bring in witnesses who are now serving around the world, the United States entered into a settlement agreement on January 28, 2017, to resolve the one remaining retaliation claim. Settlement negotiations were assisted by Magistrate Judge Joaquin V.E. Manibusan, Jr., at the U.S. District Court. The settlement resolves all claims by the Plaintiff.

   

                The case was handled by Assistant U.S. Attorney Mikel Schwab.

The Department of Justice has reached an agreement with the St. James Parish School District in Louisiana that upon completion will end court supervision of the district’s schools.  The consent order, approved yesterday by the U.S. District Court for the Eastern District of Louisiana, addresses all remaining issues in the school desegregation case, and when fully implemented will lead to the closing of that case.  

The consent order, negotiated with the school district and private plaintiffs, represented by the NAACP Legal Defense and Educational Fund, puts the district on a path to full unitary status within three years provided it:

• Implements a new student assignment plan that desegregates its three nearly all-black elementary schools to the extent practicable, by revising feeder patterns and creating specialized academic programs that will attract a diverse student body; 
• Revises the district’s code of conduct to ensure fairness and consistency in the handling of subjective disciplinary offenses that do not threaten safety, and provides district staff with additional tools to address student misbehavior in nondiscriminatory ways; 
• Takes reasonable steps to recruit a diverse pool of applicants for faculty and staff vacancies that arise in the course of implementing the new student assignment plan; and 
• Incorporates into its student handbook a statement prohibiting discrimination in extracurricular activities and encouraging participation by students of all races.    

The consent order declares that the district has already met its desegregation obligations in the area of transportation.  The court will retain jurisdiction over the consent order during its implementation, and the Justice Department will monitor the district’s compliance.  

“We are pleased to have worked hand-in-hand with the schools to ensure equal and fair treatment for the students of the St. James Parish School District,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division.  “We look forward to working with the district and private plaintiffs to implement the consent order and bring this case to a successful close.”

Promoting school desegregation and enforcing Title IV of the Civil Rights Act of 1964 is a top priority of the Justice Department’s Civil Rights Division.  Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. 

St. James Parish Consent Order

Dana J. Boente, who was appointed this evening to serve as acting Attorney General, tonight issued the following guidance to the men and women of the department:

 

On January 30, 2017, Acting Attorney General Sally Q. Yates issued a memorandum barring Department of Justice Attorney’s from presenting arguments in defense of the President’s January 27, 2017, Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States.” At approximately 9:00 p.m., I was asked by the President to serve in the capacity of Acting Attorney General. After having dedicated the last thirty-three years of my life to this Department, I am humbled and incredibly honored to serve as Acting Attorney General. Based upon the Office of Legal Counsel’s analysis, which found the Executive Order both lawful on its face and properly drafted, I hereby rescind former Acting Attorney General Sally Q. Yates January 30, 2017, guidance and direct the men and women of the Department of Justice to do our sworn duty and to defend the lawful orders of our President.

 

Prior to this appointment, Boente had been serving as the U.S. Attorney for the Eastern District of Virginia since his confirmation by the U.S. Senate on Dec. 15, 2015. Boente was appointed by the Attorney General in December 2012 to serve as the U.S. Attorney for the Eastern District of Louisiana, a position he held until September 2013. Boente began his career with the Justice Department in 1984 with the Tax Division, and in January 2001 he became an Assistant U.S. Attorney in the Fraud Unit of the Eastern District of Virginia.

 

From 2005 to 2007, Boente served as the Principal Deputy Assistant Attorney General of the Tax Division. Following his service with the Tax Division, he returned to the Eastern District of Virginia when he was selected as the First Assistant U.S. Attorney. He served as acting U.S. Attorney for that office from October 2008 through September 2009 and from Sept. 23, 2013 until his Senate confirmation.

 

In January 2017, the State of Nebraska joined the small but growing number of U.S. states participating in a process called “federation.” Through federation, INTERPOL Washington provides U.S. law enforcement agencies the information technology support to enable queries in both domestic and INTERPOL criminal databases with a single real-time search transaction. Currently, most state law enforcement officers run inquiries through the National Criminal Information Center (NCIC) database. The NCIC catalogs information that officers enter on sex offenders, immigration violators, suspected gang members, people with outstanding warrants and individuals reported missing, for example. Police use the system to locate fugitives, identify missing people, and determine if a subject is driving a stolen car or is wanted elsewhere.

However, between 80 and 90 percent of INTERPOL data, including information on INTERPOL notices, wanted persons, stolen and lost travel documents, and stolen motor vehicles, does not meet the criteria for inclusion in NCIC databases. To capture the INTERPOL data, officers must run a separate query, lengthening the time before an officer determines whether a subject poses a specific threat. Federation solves this problem by connecting the databases, allowing law enforcement a complete view of a subject’s criminal domestic and international profile. Federation reduces the time officers spend running background checks, enhancing officer safety and efficiency.

 

Photograph courtesy of the National Criminal Information Center A police officer uses a vehicle-mounted mobile platform.

Nebraska’s adoption of the program brings the number of participating states to 13, plus Washington, D.C. Federated searches are processed through the International Justice and Public Safety Network (Nlets). These combined searches can be conducted from both fixed and mobile platforms, including vehicle-mounted and hand-held devices. Depending upon an individual state’s existing information technology structure, there is minimal to no charge to participate in federation.

A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to the International Criminal Police Organization (INTERPOL) on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.

 

Following a week-long trial, a federal jury in Puerto Rico convicted four individuals for participating in bid rigging and fraud conspiracies at an auction for public school bus transportation services in Puerto Rico’s Caguas municipality, the Department of Justice announced.

Gavino Rivera Herrera, Luciano Vega Martínez, Alfonso Gonzalez Nevarez and René Garay Rodríguez were found guilty today in the U.S. District Court of the District of Puerto Rico, in San Juan, for conspiring to rig bids and allocate the market for public school bus transportation contracts in the municipality of Caguas from approximately August 2013 until May 2015.  Each individual was also found guilty of conspiracy to commit mail fraud and four counts of mail fraud for defrauding the municipality of Caguas to fraudulently obtain contracts for school bus transportation services.  Sentencing is set for May 30, 2017.

“These defendants enriched themselves at the expense of Puerto Rico schools and have been held accountable by a jury of their peers,” said Acting Assistant Attorney General Brent Snyder of the Department of Justice’s Antitrust Division.  “The division will continue to work with our law enforcement partners to ensure that school districts and other consumers benefit from competitive markets.”  

“These convictions should serve as a reminder that Federal law enforcement agencies intend to vigorously prosecute those who manipulate government bidding processes to enrich themselves illegally,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez of the District of Puerto Rico.  “Federal law enforcement agencies will continue their ongoing efforts to investigate and prosecute these crimes, in order to promote and protect free and fair competition in the marketplace.”

“The defendants’ actions in depriving the citizens of Caguas of the right to choose what is best for the transportation of their schoolchildren, while also putting the defendants’ own financial interests above those of equally deserving Puerto Rican business owners, were particularly harmful during these difficult economic times.” said Special Agent in Charge Douglas A. Leff of the FBI’s San Juan Division.  “The FBI is grateful for its partnership with the Antitrust Division and the U.S. Department of Education Office of Inspector General for their endless dedication to protecting the rights of all businesses, large and small, to compete in a fair marketplace.”

“Today's action demonstrated that these business owners willfully and intentionally sought to enrich themselves at the expense of students and taxpayers.  That is unacceptable,” said Special Agent in Charge Yessyka Santana of the U.S. Department of Education Office of Inspector General’s Southeastern Regional Office.  “The Office of Inspector General will continue to work with our law enforcement partners to aggressively pursue anyone who games the system for their own selfish purpose and protect these vital funds from this type of calculated plunder.”

According to evidence presented at trial, the four school bus company owners and other co-conspirators carried out the conspiracy by agreeing during meetings and communications to allocate contracts for transportation routes awarded by the municipality of Caguas.  Trial evidence showed that the conspirators submitted fraudulent certifications and received award letters by certified mail in connection with their conspiracy to defraud the Municipality of Caguas.

The defendants were convicted of bid rigging and market allocation in violation of the Sherman Act, which carries a maximum penalty of 10 years in prison and a $1 million fine for individuals.  The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.  They were also convicted of one count of conspiracy to commit mail fraud and four counts of mail fraud.  Each count of mail fraud, and conspiracy to commit mail fraud, carries a maximum sentence of 20 years in prison and a $250,000 fine.   

Today’s conviction arose from a federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in Puerto Rico’s school bus transportation services industry.  This investigation is being conducted by the Antitrust Division’s Washington Criminal I Section, the District of Puerto Rico U.S. Attorney’s Office, the FBI’s Puerto Rico Field Office and the U.S. Department of Education Office of Inspector General.  Anyone with information in connection with this investigation is urged to call the Antitrust Division’s Washington Criminal I Section at 202-307-6694, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Puerto Rico Field Office at 787-754-6000.

Today a federal court in Montana unsealed an order authorizing the Internal Revenue Service (IRS) to serve a John Doe summons on Michael Behr of Bozeman, Montana, seeking information about U.S. taxpayers who may hold offshore accounts established by Sovereign Management & Legal LTD (SML), a Panamanian entity. Specifically, the IRS is seeking records of U.S. taxpayers who, during the years 2005 to 2016, had been issued a “Sovereign Gold Card” debit card that could be used to access the funds in those accounts in such a manner as to evade their obligations under internal revenue laws. The IRS uses John Doe summonses to obtain information about possible violations of internal revenue laws by individuals whose identities are unknown.

 

U.S. taxpayers seeking to hide their offshore assets often utilize the services of offshore trusts and corporate service providers that open bank accounts, create corporations and other entities, and serve as nominee officers. In its petition seeking the issuance of the John Doe summons, the United States alleges that SML advertises various “packages” to allow taxpayers to hide their assets offshore. These packages include corporations owned by other entities (to include fake charitable foundations), all held in the name of nominee officers provided by SML. SML then opens bank accounts for these entities and provides debit cards in the name of the nominee to the taxpayer. By using such cards, taxpayers seek to access their offshore funds without revealing their identities. U.S. District Court Judge Brian Morris found that there is a reasonable basis for believing that U.S. taxpayers may be using the Sovereign Gold Card to violate federal tax laws.

 

“The Department of Justice and the IRS are committed to stopping the use of foreign bank accounts to evade U.S. tax laws,” said Acting Assistant Attorney General David A. Hubbert, head of the Justice Department’s Tax Division. “This John Doe summons is yet another example of how we are using all available tools to identify, investigate and hold accountable those who cheat our nation’s tax system by hiding money offshore, as well as those individuals and entities facilitating U.S. taxpayers engaged in this conduct. The time to come forward and come into compliance is running short, and those who continue to violate U.S. tax and reporting laws will pay a heavy price.”

 

“In seeking this John Doe summons, the IRS wants to ensure that certain pre-paid payment card users are meeting their responsibilities to properly pay their taxes,” said IRS Commissioner John Koskinen. “We are taking this step as part of our longstanding efforts against the use of secret offshore accounts. This action will help ensure that pre-paid cards aren’t being inappropriately used to repatriate hidden income and avoid taxes.”

 

This case is part of an ongoing effort to stop U.S. taxpayers from using offshore financial accounts as a way to evade federal tax laws. The Justice Department previously obtained a similar order from the U.S. District Court for the Southern District of New York, authorizing issuance of eight separate John Doe summonses on bank and other entities for information related to SML and its customers in the United States. The evidence submitted in this request to issue a John Doe summons was built in part on information provided in response to the earlier summons.

 

Federal tax law requires U.S. taxpayers to pay taxes on all income earned worldwide. U.S. taxpayers must also report foreign financial accounts if the total value of the accounts exceeds $10,000 at any time during the calendar year. A deliberate failure to report a foreign account can result in a penalty of up to 50 percent of the amount in the account at the time of the violation. U.S. taxpayers are reminded that the IRS currently has in place an Offshore Voluntary Disclosure Program where U.S. taxpayers can come forward and disclose their offshore accounts and income. For more details, please go to the IRS’s website: www.irs.gov/uac/2012-Offshore-Voluntary-Disclosure-Program or https://www.irs.gov/individuals/international-taxpayers/options-available-for-u-s-taxpayers-with-undisclosed-foreign-financial-assets.

 

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

 

Two associates of the Wildboys street gang in South Carolina have pleaded guilty to attempted murder in aid of racketeering for their roles in gang-related shootings.  

Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina Field Division; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland of the Colleton County, South Carolina Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina Police Department; Sheriff Al Cannon of the Charleston County, South Carolina Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina Sheriff’s Office; Captain Jon Rogers of the Summerville, South Carolina Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division made the announcement.  

Joshua Manigault, aka J-Rizzle and Rizzle Back, 30, and Damien Robinson, aka Sacked Up, 20, of Green Pond, South Carolina, pleaded guilty today to attempted murder in aid of racketeering activity.  Sentencing will be set before U.S. District Court Judge Richard M. Gergel of South Carolina.

According to admissions made in connection with the pleas, Manigault and Robinson were associates in the Wildboys, a violent criminal street gang based in South Carolina, with members operating in various South Carolina cities, including Summerville and Walterboro.  Manigault and Robinson admitted that Wildboys members and associates have committed a wide range of racketeering activity, including assault with dangerous weapons, murder, robbery and narcotics trafficking.

Further, as part of their plea agreements, Manigault and Robinson admitted their involvement in a drive-by shooting in Walterboro on April 7, 2015.  Robinson drove past a residence where members of the rival Dooley Hill gang were believed to reside while Manigault and another associate of the Wildboys fired multiple shots.  One individual inside the home was hit by the gunfire and sustained serious bodily injury.

Manigault and Robinson were charged in an indictment with attempted murder in aid of racketeering and firearms offenses on Feb. 9, 2016.  

Separately, also on Feb. 9, 2016, nine members and associates of the Cowboys gang were charged in an indictment with racketeering conspiracy, attempted murder in aid of racketeering, and firearms offenses.  The indictment further alleges that, for a period of time, the Cowboys were aligned with the Wildboys.  To date, multiple members and associates of the Cowboys have pleaded guilty to charges in the indictment, including racketeering conspiracy and attempted murder in aid of racketeering.

An indictment is not evidence of guilt.  All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

ATF, the Colleton County Sheriff’s Office, the Walterboro Police Department, Charleston County Sheriff’s Office, the Dorchester County Sheriff’s Office, the Summerville Police Department and the First Circuit Solicitor’s Office are investigating the cases.  The Criminal Division’s Organized Crime and Gang Section is prosecuting the cases in partnership with the 14th Circuit Solicitor’s Office.  

Caused Tax Loss of More Than $250,000

A former Queens, New York return preparer pleaded guilty today in the U.S. District Court for the Eastern District of New York to aiding and assisting in the preparation of false income tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. 

“As we enter filing season, today’s plea should remind tax return preparers across the country that there are significant consequences for willfully preparing and filing false income tax returns,” said Acting Deputy Assistant Attorney General Goldberg.  “Preparers who seek to attract business and increase their profits by stealing from the U.S. Treasury through the filing of false returns will be investigated and prosecuted.” 
   
According to documents filed with the court, from in or about 2004 through 2014, Vanya Thompson, 39, ran a tax return preparation business, which operated under a number of names, including Lyn Services, Ricardo Multi-Service and Katie’s Multi-Service.  To generate larger refunds for her clients, Thompson falsified items on their returns such as charitable deductions and business income, expenses, and losses, causing a tax loss of more than $250,000.  

Sentencing is scheduled for June 2.  Thompson faces a statutory maximum sentence of three years in prison, a period of supervised release, restitution and monetary penalties.  Thompson also agreed to an order prohibiting her from preparing tax returns on behalf of others.  

Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Brittney Campbell and Jason Scheff of the Tax Division, who are prosecuting the case. 

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.  

Merger Would Harm Seniors Relying on Medicare Advantage and Low-Income Families and Individuals Obtaining Insurance on Public Exchanges

Judge John D. Bates of the District Court for the District of Columbia issued a decision today that found in favor of the Justice Department in its civil antitrust lawsuit to block health insurer Aetna Inc.’s acquisition of rival insurer Humana Inc. 

“Today’s decision is a victory for American consumers – especially seniors and working families and individuals,” said Deputy Assistant Attorney General Brent Snyder, who is currently heading the Justice Department’s Antitrust Division.  “Competition spurs health insurers to offer higher quality and more affordable health insurance to seniors who choose Medicare Advantage plans and to low-income families and individuals who purchase insurance from public exchanges.  This merger would have stifled competition and led to higher prices and lower quality health insurance.  Aetna attempted to buy a formidable rival, Humana, instead of competing independently to win customers.  Millions of consumers have benefited from competition between Aetna and Humana, and will continue to benefit because of today’s decision to block this merger.

“In concluding that Aetna’s acquisition of Humana would violate federal antitrust laws, the court has protected consumers and the competition on which they rely.  I thank the hardworking staff of the Antitrust Division and our state partners who conducted a thorough investigation and offered a compelling trial presentation with determination and a deep commitment to preserving and protecting competition. 

“The court’s decision will save customers and taxpayers up to $500 million per year.  The Justice Department and our state partners brought this case because substantial evidence showed that direct competition between Aetna and Humana led the companies to offer more generous benefits at lower prices.”

Today’s decision follows a 13-day trial in December 2016.  In July 2016, the Justice Department along with eight states and the District of Columbia sued to stop the merger.  The complaint alleged that a combined Aetna and Humana would substantially reduce competition for the sale of Medicare Advantage – a form of Medicare coverage provided by private insurers –and health insurance to individuals through the public exchanges. 

In blocking the transaction, the court ruled that the proposed merger is likely to substantially lessen competition in the sale of individual Medicare Advantage plans in 364 counties.  The court ruled that the sale of Medicare Advantage is a relevant antitrust product market, meaning that competition among Medicare Advantage providers is protected by the antitrust laws.  In addition, the court rejected Aetna and Humana’s claim that their proposal to divest 290,000 Medicare Advantage customers to Molina Healthcare, a health insurer, would prevent the competitive harm that the merger would produce.  The court further found that Aetna withdrew from the individual public exchanges in three states to evade judicial scrutiny of the proposed merger.  The court concluded that the proposed merger would have caused a substantial lessening of competition in three counties in Florida.  

The United States was joined in the lawsuit by the District of Columbia and the States of Delaware, Florida, Georgia, Illinois, Iowa, Ohio, Pennsylvania and Virginia.

Aetna-Humana Memorandum Opinion

Aetna-Humana Order

The owner of a St. Louis, Missouri tax return preparation business was sentenced to 27 months in prison Friday following his conviction on two counts of tax evasion, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.

 

According to court records, Semere Tsehaye, 39, was the owner and operator of at least 20 Instant Tax Service (ITS) franchise locations operating in Illinois, Kansas and Missouri from 2005 to 2011. ITS was a brand name of ITS Financial LLC, a nationwide tax preparation business headquartered in Dayton, Ohio. Tsehaye owned and operated his ITS franchise locations using two entities named A&S Tax Service LLC (A&S) and ERI Enterprises LLC (ERI).

 

“As the owner and operator of numerous tax return preparation businesses, Semere Tsehaye was clearly aware of his obligation to accurately report his income and expenses to the Internal Revenue Service (IRS), and yet ignored his responsibilities in an effort to cheat the system,” said Acting Deputy Assistant Attorney General Goldberg. “Tsehaye’s sentence makes clear that those who seek to evade paying their fair share will face severe consequences for their criminal conduct.”

 

“Mr. Tsehaye’s attempt to evade tax by hiding income and filing false returns was a theft from the American public,” said Special Agent in Charge Karl Stiften of IRS Criminal Investigation (CI), St. Louis Field Office. “Tax evasion of this magnitude with this degree of dishonesty and deceit deserves to be punished and Mr. Tsehaye will now pay the price for his crimes.”

 

Court records show that during the years 2010 and 2011, Tsehaye generated fraudulent financial summaries that understated the gross receipts generated by A&S and ERI and provided them to his tax return preparer. Tsehaye’s tax return preparer used these financial summaries to prepare Tsehaye’s individual income tax returns, which Tsehaye then filed with the IRS. These tax returns were false in that they underreported A&S and ERI’s gross receipts by a total of approximately $547,895 in 2010 and $1.03 million in 2011, and resulted in Tsehaye evading a total of approximately $581,264 in tax due and owing.

 

On Oct. 4, Tsehaye was convicted of two counts of tax evasion by a federal jury sitting in St. Louis, Missouri. In addition to the term of prison imposed, Tsehaye was ordered to serve three years of supervised release and to pay $$298,178 in restitution to the IRS.

 

Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS-CI, who conducted the investigation, and Senior Litigation Counsel Corey Smith and Trial Attorney Mark McDonald of the Tax Division, who prosecuted the case. Acting Deputy Assistant Attorney General Goldberg also thanked the U.S. Attorney’s Office for the Eastern District of Missouri for their substantial assistance.

 

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

 

A Hyattsville, Maryland, man was sentenced today to 30 years in federal prison for conspiracy to participate in a racketeering enterprise and to life in prison for murder in aid of racketeering, in connection with his gang activities as a member of La Mara Salvatrucha, or MS-13.

The sentence was announced by Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Chief Hank Stawinski of the Prince George’s County Police Department; Chief J. Thomas Manger of the Montgomery County Police Department; Prince George’s County State’s Attorney Angela D. Alsobrooks; and Montgomery County State’s Attorney John McCarthy.

In addition to today’s consecutive prison sentences, U.S. District Judge Roger W. Titus of the District of Maryland ordered Miguel Angel Manjivar, aka "Masflow" or "Garra," 25, to serve five years of supervised release.　 Manjivar was convicted by a federal jury on Sept. 30, 2016.

MS-13 is a national and transnational gang composed primarily of immigrants or descendants from El Salvador.　 Branches or "cliques" of MS-13, one of the largest street gangs in the United States, operate throughout Prince George’s County and Montgomery County, Maryland. MS-13 members are required to commit acts of violence to maintain membership and discipline within the gang. One of the principal rules of MS-13 is that its members must attack and kill rivals, known as "chavalas," whenever possible.

According to evidence presented at the three-week trial, from at least 2009 through October 2014, MS-13 members planned and committed numerous crimes, including murders, attempted murders, kidnappings, assaults, robberies, and witness tampering and retaliation in Prince George’s and Montgomery counties. Gang members also extorted brothel operators and owners of other illegal businesses and tampered with and retaliated against witnesses, among other crimes. Manjivar was a member of the MS-13 Peajes Locotes Salvatrucha clique.

Trial evidence showed that on Sept. 16, 2010, Manjivar shot and killed an individual he believed to be a rival gang member on the footbridge of a park in Hyattsville. On Jan. 10, 2011, Manjivar and other MS-13 members murdered a person they believed was a rival gang member, and attempted to murder another purported rival gang member in a parking lot in Hyattsville. Manjivar and others repeatedly punched, kicked, and stabbed the victims, one of whom survived the attack.　

In addition, trial evidence demonstrated that on Jan. 13, 2011, Manjivar attended a Peajes Clique meeting, where he criticized other MS-13 members for not committing enough violent crimes.　 Manjivar then left in a mini-van driven by a co-defendant with other Peajes members as passengers, and as a group, they attacked a person they believed to be an associate of a rival gang and dragged him back into the vehicle.　 Manjivar and others continued to assault him, at times attempting to use a seat belt to strangle the victim, as well as kicked, stabbed and choked him.　 Trial evidence demonstrated that they forcefully stripped the victim of his heavy winter clothing in order to stab him, and then dragged him into the woods, where they left him for dead and fled.　 The victim survived the attack.

Fourteen of the 15 defendants charged in this investigation have been convicted for their roles in the racketeering conspiracy.　 The final defendant is a fugitive.

HSI Baltimore, Prince George’s County and Montgomery County Police Departments, and Prince George’s County and Montgomery County State’s Attorney’s Offices investigated the case.　 The case is being prosecuted by Assistant United States Attorneys William D. Moomau and Lindsay Eyler Kaplan of the District of Maryland and Trial Attorney Catherine K. Dick of the Criminal Division’s Organized Crime and Gang Section (OCGS).　 Former OCGS Trial Attorney Kevin Rosenberg assisted in the prosecution of this case.

A Broward County, Florida tax return preparer, Billy Philippe, unlawfully understates his customers’ income tax liabilities and overstates refunds by making deliberate misstatements on the tax returns, according to a new civil lawsuit filed by the Justice Department today. The suit, filed in federal court in Fort Lauderdale, asks the court to permanently bar Philippe from preparing federal tax returns for others. The suit also asks the court to order Philippe to turn over a list of all the tax returns he has prepared since Jan. 1, 2012.

 

The complaint alleges that Philippe, the majority owner of Advantage Tax Center Plus Inc., prepares federal income tax returns for customers that fraudulently overstate the amount of the refunds due by falsely claiming refundable credits, including the Earned Income Tax Credit (EITC) and credits for education expenses. The complaint further alleges that Philippe frequently claims fraudulently inflated wages or self-employment income in order to maximize the amount of EITC a customer claims. The IRS previously penalized Philippe over $24,000 for failure to exercise the due diligence required to claim the EITC for his customers and the failure to properly identify himself as the paid return preparer, according to the complaint.

 

From 2011 to 2015, Philippe prepared at least 899 returns, according to the complaint. The complaint alleges that audits of 44 returns prepared by Philippe in 2014 and 2015 revealed that he claimed credits his customers were not entitled to take and/or understated their correct tax liability by more than $300,000 in the aggregate.

 

The IRS is reminding taxpayers that the 2017 individual income tax return filing season begins today, Jan. 23, 2017, and there is information available on the IRS’s website. Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2016 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

FALLS CHURCH, Va. – The Executive Office for Immigration Review is a party to litigation related to the release of information regarding its immigration judge conduct and professionalism program. EOIR is committed to ensuring that any allegation of an immigration judge’s misconduct is investigated and resolved in a fair and expeditious manner, consistent with federal personnel and privacy laws and regulations that apply to non-supervisory, career civil servants.

During this still-active litigation, the plaintiff, the American Immigration Lawyers' Association, posted to the Internet the 16,000 documents that EOIR provided. These documents were released pursuant to a court order. A private attorney then took the time to manipulate some of the documents in order to uncover data not accessible on the face of the documents themselves, and post his personal assessment of the metadata contained therein.

EOIR believes the attorney, upon finding information was inadvertently provided, should have promptly notified the sender (EOIR) rather than taking steps to publish guesses. This unfortunate incident resulted in the attorney publishing a "key" to the documents. EOIR has determined that the “key” is inaccurate and does not correctly present the actual details associated with the documents. It is instead a representation of one person’s assumptions based on his own manipulations of the text, which resulted in the errors.

Individuals who file complaints about immigration judges are not bound to keep private the details of their complaint. EOIR will continue to defend its case in the referenced FOIA litigation, and remains committed to protecting the identities of the immigration judges against whom complaints, some substantiated and some unsubstantiated, have been filed.

It is unfortunate that some members of the agency’s highly talented and professional immigration judge corps have been negatively and falsely named in the private attorney’s action, and that he chose to publish his erroneous findings without any way of verifying his information.

Today a federal court in Illinois permanently enjoined Daria Emma Valdivia, individually and doing business under the name Emma’s Agency, from preparing federal tax returns for others. Valdivia agreed to the civil injunction order entered against her, which requires her to turn over to the United States a list of all persons for whom she prepared federal tax returns since 2012. The court also authorized the United States to monitor Valdivia’s compliance with the terms of the injunction.

 

According to the government’s complaint, Valdivia, of Sterling, Illinois, routinely prepared federal tax returns, from her business Emma’s agency, for customers that falsely claimed unqualified individuals as dependents, such as persons who did not live in the United States or a country contiguous to the United States. The complaint alleges that Valdivia also improperly reported her customers’ filing status as Head of Household when the customers were ineligible for that status, according to the complaint. The complaint alleges that these two types of return preparer misconduct allowed Valdivia to understate her customers’ tax liabilities and claim undeserved refunds for them. According to the complaint, Valdivia continued to engage in this conduct despite the fact the Internal Revenue Service (IRS) assessed her with $132,000 in penalties for similar violations of the Internal Revenue Code. The complaint alleges that IRS audits of 65 returns prepared by Valdivia show that she underreported her customers’ tax liabilities on 89 percent (58) of them by more than $285,000, collectively.

 

The IRS is reminding taxpayers that the 2017 individual income tax return filing season begins Jan. 23, 2017, and there is information available on the IRS’s website. Return preparer fraud was one of the IRS’s Dirty Dozen Tax Scams for 2016 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.

Meadowvale Dairy, LLC, has agreed to pay a civil penalty and take actions to prevent illegal discharges to Iowa streams in compliance with the Clean Water Act, officials of the U.S. Environmental Protection Agency and the U.S. Department of Justice announced today. Meadowvale Dairy operates multiple concentrated animal feeding operations in Rock Valley, Iowa.

Since 2002, the Iowa Department of Natural Resources has identified multiple violations of the dairy’s two National Pollutant Discharge Elimination System permits, which included fish kills in tributaries that lead to the Big Sioux River in 2004 and 2009. State and EPA inspections discovered evidence of additional unauthorized discharges of stormwater runoff into the tributaries in 2013 and 2014.

“This settlement sends a clear message that concentrated animal feeding operations must comply with Clean Water Act in order to prevent future discharges into our waters,” said John C. Cruden, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “The agreement requires remedial measures to reduce pollutants and protect aquatic ecosystems in the short term, as well as third party auditing to ensure long-term compliance with the terms of the consent decree and the controlling permits.”

“The vast majority of animal feeding operations adhere to the law and actively seek to be responsible stewards of the environment,” said Mark Hague, EPA Region 7 regional administrator. “The settlement today helps ensure a level playing field for all operators by holding those who violate environmental regulations accountable.”

“The scope of the injunctive relief and the size of the civil penalty are a clear signal to Iowa’s CAFOs about the importance of compliance. This settlement demonstrates the Department of Justice's commitment to enforcing the Clean Water Act as enacted by Congress” said U.S. Attorney for the Northern District of Iowa Kevin Techau.

As outlined in the proposed consent decree lodged today in U.S. District Court for the Northern District of Iowa, in addition to civil penalties Meadowvale Dairy will be required to implement injunctive relief that includes short-term and long-term corrective measures to prevent unpermitted discharges of pollutants into tributaries. Injunctive relief includes:

• Retain an independent third party to develop and perform an audit, verifying compliance with the requirements of the proposed consent decree.
• Comply with all requirements of its National Pollutant Discharge Elimination System permits, including adherence to its Nutrient Management Plan. A Nutrient Management Plan typically outlines management and conservation practices to optimize productivity of the operation while conserving nutrients and protecting the environment. It may include practices such as appropriate manure and fertilizer storage and handling methods, managing the diet of the animals, and/or irrigation practices.
• Ensure all production areas are designed, constructed and operated to prevent unpermitted discharges with an exclusion for a 25-year, 24-hour storm event.

EPA estimates that changes made by Meadowvale required by this proposed settlement will result in a reduction of approximately 200,000 pounds of pollutants discharged annually. These reductions help to protect aquatic ecosystems, decrease sedimentation and improve overall water quality.  The settlement also requires Meadowvale Dairy to pay $160,000 in civil penalties for alleged violations of the Clean Water Act related to mismanagement of animal wastes.

Meadowvale Dairy operates two NPDES-permitted large concentrated animal feeding operations, confining approximately 10,000 head of cattle on a combined 185 acres in Rock Valley. The operation includes four locations – North Site and South Site (both permitted), a calf barn/hut, and a satellite concrete manure storage structure.

The proposed consent decree is subject to a 30-day public comment period and approval by the federal court. Meadowvale Dairy would be required to pay the monetary penalty within 30 days of the court's approval of the settlement.

Today, the President granted commutation of sentence to 330 individuals:

 

• Abdulmuntaqim Ad-Deen – Baltimore, MD
Offense: Possession with intent to distribute cocaine base; District of Maryland
Sentence: 235 months' imprisonment; five years' supervised release (October 8, 2008)

Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Lesly Alexis – Boca Raton, FL
Offense: Conspiracy to possess with intent to distribute more than five kilograms of cocaine powder and more than 50 grams of cocaine base; Northern District of Florida
Sentence: 384 months' imprisonment; five years' supervised release; $1,000 fine (July 29, 2003)

Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.

 

• Gary J. Anderson – Barre, VT
Offense: Possession with intent to distribute MDMA; distribution of MDMA; District of Massachusetts
Sentence: 240 months' imprisonment; 10 years' supervised release (March 16, 2009)

Commutation Grant: Prison sentence commuted to expire on July 18, 2017.

 

• Terry Anderson – Mabank, TX
Offense: Conspiracy to manufacture and distribute methamphetamine; conspiracy to launder money; Eastern District of Texas
Sentence: 360 months' imprisonment; five years' supervised release (May 1, 1997)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Kevin Lavon Andrews – Clearwater, FL
Offense: Carrying or possessing a firearm in furtherance of a drug trafficking crime; possession with the intent to distribute 50 grams or more of crack cocaine; Middle District of Florida
Sentence: 300 months' imprisonment; 120 months' supervised release (February 11, 2009)

Commutation Grant: Prison sentence commuted to a term of 156 months' imprisonment, conditioned upon enrollment in residential drug treatment

 

• Daniel Ary, Jr. – Shreveport, LA
Offense: Possession with intent to distribute; possession of a firearm in relation to drug trafficking; Western District of Louisiana
Sentence: 180 months' imprisonment; eight years' supervised release (March 6, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Demetrius S. Autery – Winter Haven, FL
Offense: Possession with the intent to distribute 50 grams or more of cocaine base; Middle District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release (April 4, 2007)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Connie Avalos – Menifee, CA

Offense: Conspiracy to distribute methamphetamine; Eastern District of Kentucky

Sentence: Life imprisonment (November 30, 2009)

Commutation Grant: Prison sentence commuted to a term of 235 months, conditioned upon enrollment in residential drug abuse treatment.

 

• Derrick L. Baines – Kansas City, MO

Offense: Possession with intent to distribute 50 grams or more of crack cocaine; Western District of Louisiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release (June 27, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Tonya Barney – Ivins, UT

Offense: Possession of methamphetamine with intent to distribute; District of Utah

Sentence: 204 months’ imprisonment; 10 years’ supervised release (June 10, 2010)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug abuse treatment.

 

• David Barren – Pittsburgh, PA

Offense: Conspiracy to distribute over five kilograms of cocaine; conspiracy to structure financial transactions; concealment money laundering (31 counts); structuring (two counts); money laundering – avoid reporting requirements (six counts); promotion money laundering (2 counts); money laundering over $10,000 (seven counts); District of Maryland

Sentence: Life imprisonment; 5 years’ supervised release (August 11, 2010)

Commutation Grant: Prison sentence commuted to a term of 360 months, conditioned upon enrollment in residential drug abuse treatment.

 

• Herman Barron, III – Brooklyn, NY

Offense: Conspiracy to distribute and possession with intent to distribute 50 grams or more of cocaine base (crack); Eastern District of Tennessee

Sentence: 240 months’ imprisonment; 10 years’ supervised release (March 25, 2004)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Tony Barrow – New York, NY

Offense: Importation of cocaine; possession with intent to distribute cocaine; District of Puerto Rico

Sentence: 262 months’ imprisonment; 4 years’ supervised release (November 16, 2004)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Senaca Bartlett – Chicago, IL

Offense: Possess with intent to distribute five grams or more of cocaine base (“crack cocaine”); Western District of Wisconsin

Sentence: 210 months’ imprisonment; five years’ supervised release (November 29, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Christopher Bass – Orlando, FL
Offense: Conspiracy to distribute and to possess with intent to distribute more than five kilograms of cocaine and more than 50 grams of cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (September 10, 2004)

Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.

 

• Damion Rurshe Bates – Kalamazoo, MI
Offense: Distribution of 50 grams or more of cocaine base (crack cocaine); Western District of Michigan
Sentence: 210 months' imprisonment; 5 years' supervised release (February 22, 2010)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Todd Begley – Nashville, TN

Offense: Conspiracy to distribute cocaine; Middle District of Tennessee

Sentence: 360 months’ imprisonment; five years’ supervised release (April 27, 1995)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Carolyn Ann Bell – Lawton, OK
Offense: Possession with intent to distribute cocaine base (crack); Western District of Oklahoma
Sentence: 262 months' imprisonment; five years' supervised release (May 21, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Curtis Bell – Miami, FL
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; distribution of cocaine and aiding and abetting; Middle District of Alabama
Sentence: Life imprisonment; five years' supervised release (May 22, 1995)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

• Henry P. Bennett, Jr. – Huger, SC
  Offense: 1. Conspiracy to possess with intent to distribute and distribution of

cocaine; attempted possession with intent to distribute cocaine (three counts); possession with intent to distribute cocaine (three counts); District of South Carolina

2. Supervised release violation; District of South Carolina

Sentence: 1. Life imprisonment; 10 years' supervised release (December 18, 2008)

2. 33 months’ imprisonment (concurrent) (December 18, 2008)

Commutation Grant: Prison sentence commuted to a term of 273 months' imprisonment.

 

• Dorian Lee Benoit – Lake Charles, LA
Offense: Conspiracy to possess with intent to distribute methamphetamine, cocaine base and marijuana; possession with intent to distribute cocaine base; possession with intent to distribute marijuana; possession with intent to distribute methamphetamine; possession and carrying a firearm during and in relation to a drug trafficking crime; possession of a firearm by a convicted felon; Western District of Louisiana
Sentence: 300 months' imprisonment; 10 years' supervised release (April 30, 2008)

Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Christopher Bernard – Shreveport, LA

Offense: Distribution of 50 grams or more of cocaine base; Western District of Louisiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release (March 30, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Elaine Beston – Great Falls, MT
Offense: Conspiracy to possess methamphetamine with intent to distribute; District of Montana
Sentence: 192 months' imprisonment; 10 years' supervised release (July 16, 2008); amended to 180 months' imprisonment (July 20, 2015)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• James Zell Bishop – Bay Minette, AL

Offense: Conspiracy to possess with intent to distribute crack cocaine; Southern District of Alabama

Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 21, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Benjamin Blount – Oakdale, LA

Offense: Conspiracy to possess with intent to distribute cocaine; Western District of Louisiana

Sentence: Life imprisonment; 10 years’ supervised release (July 8, 1999)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Walter Bradberry – Mobile, AL

Offense: Conspiracy to distribute and possess with intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine; Northern District of Florida

Sentence: 240 months’ imprisonment; 10 years’ supervised release (June 28, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Alonzo F. Brooks – Asheville, NC
Offense: Possession with the intent to distribute 50 grams or more of cocaine base; Eastern District of Tennessee
Sentence: 262 months' imprisonment; 10 years' supervised release (February 26, 2007)

Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Adrian R. Brown – Athens, TN
Offense: Conspiracy to distribute and possession with intent to distribute 15 kilograms or more of cocaine hydrochloride; conspiracy to knowingly conduct and attempt to conduct unlawful financial transactions affecting interstate commerce; Eastern District of Tennessee
Sentence: Life imprisonment; 10 years' supervised release (April 12, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Jerome Brown – Pittsburgh, PA

Offense: Distribution of 50 grams or more of cocaine base; Western District of Pennsylvania

Sentence: 240 months’ imprisonment; 10 years’ supervised release (December 11, 2009)

Commutation Grant: Prison sentence commuted to a term of 180 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Rodney Rodriguez Brown – Atmore, AL

Offense: Conspiracy to possess with intent to distribute crack cocaine; Southern District of Alabama

Sentence: 240 months’ imprisonment; 10 months’ supervised release (June 5, 2009)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Pamela Brownlee – Decatur, GA
Offense: Conspiracy to possess with intent to distribute five grams or more of cocaine base; possession with intent to distribute a detectable amount of cocaine base (three counts); Southern District of Florida
Sentence: 188 months' imprisonment; four years' supervised release (December 19, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Thomas Burton – Plain Dealing, LA
Offense: Possession with intent to distribute methamphetamine; possession of a firearm by a convicted felon; possession of firearms during a drug trafficking crime; Western District of Louisiana
Sentence: 300 months' imprisonment; 10 years' supervised release (May 17, 2007)

Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.

 

• Tiara Buskey – Pensacola, FL
Offense: Possess with intent to distribute 50 grams or more of cocaine base; Northern District of Florida
Sentence: 240 months' imprisonment; five years' supervised release; $500 fine (November 8, 2005)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Jeffrey Calhoun – Long Beach, CA
Offense: Possession with intent to distribute a controlled substance (two counts); Central District of California
Sentence: 264 months' imprisonment; 10 years' supervised release (September 8, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Willie Albert Cannon – Tampa, FL

Offense: Conspiracy to possess with intent to distribute a quantity of cocaine base; possession with intent to distribute cocaine base (two counts); possession of a firearm; Middle District of Florida

Sentence: 420 months’ imprisonment; 10 years’ supervised release (January 17, 1995); amended to 352 months’ imprisonment (June 12, 2001)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Jose Carmona – Philadelphia, PA

Offense: Possession with intent to distribute crack cocaine; possession with intent to distribute heroin; Eastern District of Pennsylvania

Sentence: Life imprisonment; 10 years’ supervised release (June 10, 1993)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Ramiro Cervantes – Blountsville, AL
Offense: Attempting to possess with the intent to distribute a mixture and substance containing methamphetamine; Northern District of Alabama
Sentence: 324 months' imprisonment; 120 months' supervised release; $2,000 fine (January 23, 2003)

Commutation Grant: Prison sentence commuted to a term of 235 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• John Dennis Chapman – Piedmont, AL
Offense: Conspiracy to distribute at least five kilograms of cocaine; conspiring to launder monetary instruments; Northern District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (March 4, 2009)

Commutation Grant: Prison sentence commuted to a term of 168 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Raul Chavez – San Jose, CA
Offense: Conspiracy to manufacture, distribute, and to possess with the intent to distribute methamphetamine; Eastern District of California
Sentence: 360 months' imprisonment; 60 months' supervised release (December 18, 2000)

Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.

 

• Artrone Cheatham – Montgomery, AL
Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; Middle District of Alabama
Sentence: 235 months' imprisonment; five years' supervised release (September 23, 2003)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Calvin Burkett Clark – Jefferson, SC

Offense: Conspiracy to distribute 50 grams or more of cocaine base; District of South Carolina

Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 13, 2009)

Commutation Grant: Prison sentence commuted to a term of 168 months’ imprisonment.

 

• Kenneth Clark – Calumet City, IL

Offense: Possession of cocaine base (crack) with the intent to distribute; Central District of Illinois

Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 19, 2010)

Commutation Grant: Prison sentence commuted to a term of 120 months’ imprisonment.

 

• Jeffrey Glynn Coleman – Milwaukee, WI
Offense: Conspiracy to possess with intent to distribute in excess of five kilograms of cocaine; Eastern District of Wisconsin
Sentence: 360 months’ imprisonment; 10 years’ supervised release (October 2, 2006); amend to 240 months' imprisonment (December 17, 2009)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Cassandra Collins – Jefferson, TX

Offense: Conspiracy to distribute methamphetamine; Western District of Louisiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release (April 4, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Ladarius Venice Cook – Florissant, MO

Offense: Possession with intent to distribute five grams or more of cocaine base (crack); felon in possession of a firearm; Eastern District of Missouri

Sentence: 240 months’ imprisonment; eight years’ supervised release (June 28, 2007)

Commutation Grant: Prison sentence commuted to a term of 200 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Cortez Cooper – Harvey, IL

Offense: 1. Possession with intent to distribute cocaine; possession with intent to

distribute cocaine base; Northern District of Illinois

2. Conspiracy to distribute and possess with the intent to distribute cocaine and cocaine base; use of a telephone in the commission of a felony drug trafficking offense (two counts); possession with intent to distribute cocaine base; Northern District of Illinois

Sentence: 1. 120 months’ imprisonment; eight years’ supervised release (January 29, 2004)

2. 240 months’ imprisonment (concurrent); eight years’ supervised release; $1,000 fine (August 2, 2005)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Trenton A. Copeland – Pensacola, FL

Offense: Conspiracy to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine; Northern District of Florida

Sentence: Life imprisonment; 10 years’ supervised release (March 23, 2012)

Commutation Grant: Prison sentence commuted to a term of 168 months’ imprisonment.

 

• John Timothy Cotton – Houston, TX

Offense: Continuing Criminal Enterprise; Western District of Louisiana

Sentence: Life imprisonment; five years’ supervised release (January 26, 2005)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.

 

• Johnnie L. Cotton – Venice, IL

Offense: Possession with intent to distribute crack cocaine; felon in possession of a firearm; Southern District of Illinois

Sentence: 360 months’ imprisonment; 10 years’ supervised release; $900 fine (August 15, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Timothy G. Craig – Greenville, SC

Offense: Conspiracy to possess with intent to distribute 50 grams or more of crack cocaine; District of South Carolina

Sentence: 292 months’ imprisonment; five years’ supervised release (March 8, 2005)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Japlin Cureton – Charlotte, NC

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Western District of North Carolina

Sentence: 262 months’ imprisonment; 8 years’ supervised release (September 29, 2004) Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Steven Jermonte Cureton – Huntersville, NC

Offense: Conspiracy to possess with intent to distribute cocaine base, cocaine, marijuana, and 3,4 methylenedioxymethamphetamine a/k/a ecstasy; Western District of North Carolina

Sentence: 240 months’ imprisonment; 10 years’ supervised release (December 11, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Keith Adell Dancer – Waco, TX

Offense: Conspiracy to possess with intent to distribute and to distribute cocaine; Western District of Texas

Sentence: Life imprisonment; five years’ supervised release; $3,000 fine (February 16, 1995)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.

 

• Timothy Lashaun Dandridge – Midfield, AL

Offense: Unlawful distribution of a mixture and substance containing a detectable amount of cocaine base (three counts); unlawful possession with the intent to distribute a mixture and substance containing a detectable amount of cocaine base; unlawful possession with the intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Northern District of Alabama

Sentence: 180 months’ imprisonment; 60 months’ supervised release (January 9, 2010)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Terrance H. Darby – Newark, NJ
Offense: Possession with intent to distribute cocaine; possession of a firearm in furtherance of a crime; possession of a weapon by a convicted felon; District of New Jersey
Sentence: 360 months' imprisonment; four years' supervised release (April 3, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Emanuel Jurel Davidson – Columbus, OH
Offense: Possession with intent to distribute in excess of 50 grams of cocaine base; Southern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release; $2,000 fine (June 2, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Shondu Maurice Dawson – Raleigh, NC
Offense: Conspiracy to distribute and possess with the intent to distribute more than 50 grams of cocaine base (crack) and more than 500 grams of cocaine; carried a firearm during and in relation to a drug trafficking crime and possess said firearm in furtherance of such drug trafficking crime; Eastern District of North Carolina
Sentence: 241 months' imprisonment; five years' supervised release (April 12, 2005); amended to 214 months' imprisonment (September 19, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Gary Allen Day – West Monroe, LA
Offense: Possess with intent to distribute 50 grams or more of methamphetamine; Western District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (October 11, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Maria Aide Delgado – Weslaco, TX

Offense: 1. Conspiracy to possess with intent to distribute cocaine, 218.5 kilograms of marijuana (two counts); Southern District of Texas

2. Conspiracy to possess with intent to distribute cocaine, cocaine base, and marijuana; Western District of Louisiana

Sentence: 1. 100 months’ imprisonment; four years’ supervised release; $15,000 fine (October 10, 2007)

2. 240 months’ imprisonment (consecutive); 10 years’ supervised release (April 19, 2010)

Commutation Grant: Prison sentence for conviction imposed in the Western District of Louisiana commuted to 110 months and unpaid balance of $15,000 fine imposed in the Southern District of Texas remitted when her sentence expires.

 

• Damon Andre Dill – Chester, PA

Offense: Felon in possession of a firearm; possession of a firearm in furtherance of a drug trafficking crime; possession with intent to distribute cocaine; Eastern District of Pennsylvania

Sentence: 322 months’ imprisonment; six years’ supervised release (September 5, 2003)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Qustion Dingle – Okeechobee, FL
Offense: Possession with intent to distribute five grams or more of cocaine base; possession of a quantity of crack cocaine; possession of a firearm by a convicted felon; Southern District of Florida
Sentence: 216 months' imprisonment; eight years' supervised release; $1,000 fine (May 1, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019 and unpaid balance of the $1,000 fine remitted when his sentence expires, conditioned upon enrollment in residential drug treatment.

• Michael A. Douglas, Jr. – Lynchburg, VA

Offense: Possession with intent to distribute 50 grams or more of a substance containing cocaine base; felon in possession of a firearm; Southern District of Indiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release; $1500 fine (April 25, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Dezmend Rashawn Doweary – Norfolk, VA

Offense: Conspiracy to distribute and possess with intent to distribute heroin; Eastern District of Virginia

Sentence: 262 months’ imprisonment; five years’ supervised release (November 22, 2004)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Lourdes Castro Duenas – Mangilao, Guam

Offense: Criminal conspiracy to distribute methamphetamine hydrochloride (ICE); possession of methamphetamine hydrochloride with intent to distribute; District of Guam

Sentence: 240 months’ imprisonment; 10 years’ supervised release (December 2, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug abuse treatment.

 

• Alton J. Easley – Kansas City, KS
Offense: Possession with intent to distribute five grams or more of crack cocaine; conspiracy to distribute 50 grams or more of crack cocaine; Northern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (May 2, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Keith Edgerson – Ann Arbor, MI

Offense: Felon in possession of a firearm; possession of a stolen firearm; possession with intent to distribute marijuana; possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Michigan

Sentence: 294 months’ imprisonment; four years’ supervised release (June 6, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Christopher Demetrius Elliott – Brandon, FL

Offense: Possession of a firearm and ammunition by a convicted felon; possession of marijuana; Northern District of Florida

Sentence: 180 months’ imprisonment; five years’ supervised release (May 14, 2007)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Carla Grace Engler – Dubuque, IA

Offense: Conspiracy to manufacture 50 grams or more of methamphetamine (actual) within 1,000 feet of a protected location; attempting to manufacture five grams or more of methamphetamine (actual) within 1,000 feet of a protected location (two counts); possession of red phosphorus knowing or having reasonable cause to believe that it would be used to manufacture methamphetamine; failure to appear on pretrial release; Northern District of Iowa

Sentence: 361 months’ imprisonment; 10 years’ supervised release (December 12, 2006); amended to 325 months’ imprisonment (March 21, 2015)

Commutation Grant: Prison sentence commuted to a term of 200 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Michael Delevan Engles – Tulsa, OK

Offense: Felon in possession of a firearm (two counts); possession with intent to distribute a controlled substance, mixture or substance containing methamphetamine, and sentencing enhancement; possession of a firearm in furtherance of a drug trafficking crime; Northern District of Oklahoma

Sentence: 420 months’ imprisonment; six years’ supervised release (February 24, 2006)

Commutation Grant: Prison sentence commuted to a term of 270 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Travis J. Every – Harvey, LA

Offense: Distribution of 50 grams or more of cocaine base (2 counts); distribution of less than 500 grams of cocaine hydrochloride; distribution of five grams or more of cocaine base; conspiracy to possess with the intent to distribute 50 grams or more of cocaine base; Eastern District of Louisiana

Sentence: 300 months’ imprisonment; 10 years’ supervised release (September 3, 2009)

Commutation Grant: Prison sentence commuted to a term of 175 months’ imprisonment.

 

• Paul S. Fields – Emmalena, KY

Offense: Manufacture of over 100 marijuana plants; Eastern District of Tennessee

Sentence: 188 months’ imprisonment; five years’ supervised release (July 26, 2010)

Commutation Grant: Prison sentence commuted to a term of 10 years’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Linda Finch –Anniston, AL

Offense: Conspiracy to possess with the intent to distribute 50 grams or more of cocaine base (crack); possession with the intent to distribute 50 grams or more of cocaine base (crack); Northern District of Alabama

Sentence: 240 months’ imprisonment; 10 years’ supervised release (April 1, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Carroll James Flowers – Galena, KS
Offense: Conspiracy to manufacture or distribute more than one kilogram of methamphetamine; District of Kansas
Sentence: 240 months' imprisonment; 10 years' supervised release (June 19, 2002)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Chauncey Floyd – Spartanburg, SC

Offense: Possession with intent to distribute and distribution of cocaine; possession with intent to distribute cocaine base and cocaine; District of South Carolina

Sentence: 360 months’ imprisonment; five years’ supervised release (August 26, 2005)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Lance Foster – Gary, IN

Offense: Distribution of 50 grams or more of cocaine base, commonly known as crack cocaine/aiding and abetting; Northern District of Indiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release (June 15, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, and conditioned upon enrollment in residential drug treatment.

 

• Stacy Dean Foster- Bethel, OK

Offense: Attempt to manufacture methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; establishment of manufacturing operations; Eastern District of Oklahoma

Sentence: 352 months’ imprisonment; 4 years’ supervised release (June 13, 2006); amended to 295 months’ imprisonment (August 17, 2016)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Robert L. Franklin – Montgomery, AL
Offense: Engaging in a continuing criminal enterprise; possession with intent to distribute cocaine and aiding and abetting; distribution of cocaine base (2 counts); distribution of cocaine; carrying a firearm in relation to a drug trafficking charge; Middle District of Alabama
Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (May 22, 1995)

Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment

 

• James Anthony Frink – Chadbourn, NC
Offense: Conspiracy to distribute and possess with the intent to distribute more than 50 grams of cocaine base (crack); distribution of five grams or more of cocaine base (crack) and aiding and abetting (three counts); possession of a firearm in furtherance of a drug trafficking offense; Eastern District of North Carolina
Sentence: 187 months' imprisonment; five years' supervised release; $9,050 fine (January 7, 2008); amended to 180 months’ imprisonment (December 16, 2014)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017 and unpaid balance of the $9,050 fine remitted.

 

• Mike Fulton – Winterville, GA

Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base; possession of firearm by convicted felon; Middle District of Georgia

Sentence: 360 months’ imprisonment; 5 years’ supervised release (January 10, 2001) Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Melvin Fudge – Grand Rapids, MI

Offense: Committing a drug trafficking offense within 1,000 feet of a school; Western District of Michigan

Sentence: Life imprisonment; 10 years’ supervised release; $10,000 fine (October 28, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019 and unpaid balance of the $10,000 fine remitted when his sentence expires, conditioned upon enrollment in residential drug treatment.

 

• Jose Luis Garcia – Gretna, LA
Offense: Conspiracy to distribute cocaine; possession with intent to distribute cocaine (five counts); Eastern District of Louisiana
Sentence: Life imprisonment; 10 years' supervised release; $25,000 fine (March 20, 1996)

Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment and unpaid balance of $25,000 fine remitted when his sentence expires, conditioned upon enrollment in residential drug treatment.

 

• Juan Garcia – Tyler, TX
Offense: Conspiracy to distribute and possess with intent to distribute marijuana; aiding and abetting the possession with intent to distribute marijuana; witness tampering; Eastern District of Tennessee
Sentence: 300 months' imprisonment; eight years' supervised release (September 28, 1999)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Raymond Garcia – Las Vegas, NV

Offense: Conspiracy to distribute a controlled substance; possession with intent to distribute a controlled substance; District of Nevada

Sentence: 293 months’ imprisonment; five years’ supervised release (November 13, 2007)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Rene Garcia, Jr. – Independence, MO

Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine; Western District of Missouri

Sentence: 327 months' imprisonment, five years' supervised release, $261,600 fine (September 3, 1999)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017 and unpaid balance of $261,600 fine remitted.

 

• Antonio Maurice Gardner – Temple, TX

Offense: Possession with intent to distribute at least five grams of “crack” cocaine, a Schedule II narcotic drug controlled substance, within 1,000 feet of a public school; aiding and abetting; Western District of Texas

Sentence: 235 months’ imprisonment; eight years’ supervised release (August 4, 2006); $1,000 fine

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Reginald Stern Gardner – Mason City, IA

Offense: 1. Possession with intent to distribute 5 grams or more of cocaine base, cocaine, and marijuana after having previously been convicted of two felony drug offenses; Northern District of Iowa

2. Escape from custody; Northern District of Iowa

Sentence: 1. 360 months' imprisonment (consecutive); eight years' supervised release (May 12, 2004)

2. 24 months' imprisonment (May 12, 2004)

Commutation Grant: Prison sentence commuted to a term of 234 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Gregory A. Garton – Casper, WY

Offense: Conspiracy to possess with intent to distribute, and to distribute, methamphetamine, cocaine, and marijuana; possession with intent to distribute methamphetamine and aiding and abetting; distribution of methamphetamine; felon in possession of a firearm; felon in possession of ammunition; carrying a firearm during and in relation to a drug trafficking crime (three counts); District of Wyoming

Sentence: 900 months’ imprisonment; 10 years’ supervised release; $2,200 fine (April 9, 2008)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment and unpaid balance of $2,200 fine remitted when his sentence expires, conditioned upon enrollment in residential drug treatment.

 

• Dustin Gary – Philadelphia, PA
Offense: 1. Criminal conspiracy; possession with intent to distribute cocaine base

(crack); felon in possession of a firearm; Eastern District of Pennsylvania

2. Possession of a prohibited object (marijuana) while in prison; District of New Jersey

Sentence 1. 292 months’ imprisonment; 10 years’ supervised release, $1,500 fine

(September 12, 2002); amended to 240 months’ imprisonment (July 8,

2008)

2. Six months’ imprisonment (consecutive) (October 17, 2011)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Robert Raymond Garza – Harlingen, TX
Offense: Conspiracy to distribute 100 kilograms or more of marijuana; Eastern District of Tennessee
Sentence: 262 months' imprisonment; eight years' supervised release (January 30, 2006)

Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.

 

• Tavaris Gay – Miami, FL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Southern District of Florida

Sentence: 200 months’ imprisonment; five years’ supervised release; $5,000 fine (June 18, 2007)

Commutation Grant: Prison sentence commuted to a term of 130 months’ imprisonment, and unpaid balance of $5,000 fine remitted when his sentence expires, conditioned upon enrollment in residential drug treatment.

 

• Eric German – Haughton, LA

Offense: Conspiracy to distribute cocaine; conspiracy to distribute crack cocaine; possession with intent to distribute cocaine; possession with intent to distribute crack cocaine; conspiracy to commit money laundering; Western District of Louisiana

Sentence: Life imprisonment; eight years’ supervised release (December 15, 2005)

Commutation Grant: Prison sentence commuted to a term of 324 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Daniel Gilliam – Columbia, SC
Offense: Conspiracy to possess with the intent to distribute and distribution of 50 grams or more of cocaine base; District of South Carolina
Sentence: 222 months' imprisonment; 10 years' supervised release (March 28, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Troy Gilmore ─ Eutawville, SC

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine and cocaine base; conspiracy to launder money; District of South Carolina

Sentence: 240 months’ imprisonment; 10 years’ supervised release (September 10, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Terry Glasscock – Lebanon, KY
Offense: Conspiracy to possess with intent to distribute and to distribute cocaine; using or carrying a firearm during and in relation to a drug trafficking crime or possessing a firearm during, in relation to, and in furtherance of such crime; Northern District of Florida
Sentence: 425 months' imprisonment; five years' supervised release (September 17, 1999)

Commutation Grant: Prison sentence commuted to a term of 295 months' imprisonment.

 

• Earl Glenn, Jr. – Chester, SC

Offense: Conspiracy to possess with intent to distribute and distribution of a quantity of cocaine and 280 grams or more of cocaine base; possession with intent to distribute five grams or more of crack cocaine; District of South Carolina

Sentence: Life imprisonment; 10 years’ supervised release (November 20, 2012)

Commutation Grant: Prison sentence commuted to a term of 235 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Waymon Audra Goodley – Hillsboro, TX
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine; use of a communication facility to facilitate the commission of a drug felony (two counts); Eastern District of Texas
Sentence: Life imprisonment; 10 years' supervised release (April 19, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017

 

• William Goodwill ─ Decatur, IL

Offense: Distribution of fifty or more grams of cocaine base; Central District of Illinois

Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 20, 2005)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Robby Joe Goram –Eight Mile, AL

Offense: Conspiracy to possess with intent to manufacture methamphetamine; Southern District of Alabama

Sentence: Life imprisonment; 10 years’ supervised release (November 12, 2010)

Commutation Grant: Prison sentence commuted to a term of 140 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• William Leonardo Graham – Essex, MD
Offense: Conspiracy to distribute cocaine; District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (November 6, 2009)

Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment, conditioned upon enrollment in residential drug treatment

 

• Wilbert Decosta Greaves – Jacksonville, NC

Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; possession with intent to distribute cocaine base; distribution of cocaine base; Eastern District of North Carolina

Sentence: 360 months’ imprisonment; 60 months’ supervised release; $17,100 fine (January 4, 1996)

Commutation Grant: Prison sentence commuted to expire January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Charles Lee Green – Ville Platte, LA

Offense: Distribution of cocaine base (crack); Western District of Louisiana

Sentence: 300 months’ imprisonment; five years’ supervised release (March 23, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Samuel Green – Wilmington, DE

Offense: Possession with intent to distribute crack cocaine; felon in possession of firearms; District of Delaware

Sentence: 420 months’ imprisonment; five years’ supervised release (July 18, 1994); amended to 360 months’ imprisonment (June 12, 1997)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Vaughn Greene – Brooklyn, NY

Offense: Conspiracy to possess with intent to distribute at least five kilograms of cocaine and at least 1,000 kilograms of marijuana; Northern District of Georgia

Sentence: 240 months’ imprisonment; 10 years’ supervised release (July 1, 2009)

Commutation Grant: Prison sentence commuted to expire May 19, 2017.

 

• Stuart John Greger – Glennville, GA

Offense: Distribution of 50 grams or more of cocaine base (crack); Southern District of Georgia

Sentence: 262 months’ imprisonment; five years’ supervised release (December 7, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Tyrone Grimes – Inwood, NY

Offense: Conspiracy to distribute and to possess with intent to distribute cocaine, cocaine base, and marijuana within 1,000 feet of a public elementary school; engaging in a continuing criminal enterprise, convicted felon in possession of a gun; Eastern District of New York;

Sentence: 420 months’ imprisonment; 10 years’ supervised release (October 29, 1999)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.

 

• Ricky Lee Groves – Smithfield, NC

Offense: Continuing criminal enterprise; use of a firearm during a drug trafficking crime and aiding and abetting; trading food stamps for cocaine base and aiding and abetting (five counts); Eastern District of North Carolina

Sentence: Life imprisonment plus 60 months' imprisonment, five years' supervised release (February 16, 1995)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.

 

• Thaddeas Kulani Thomas Hall – Waipahu, HI

Offense: Possession with intent to distribute 50 grams or more of methamphetamine; possession of a firearm during and in relation to a drug trafficking crime; District of Hawaii

Sentence: 180 months’ imprisonment; five years’ supervised release (June 16, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Forrest Hamm – Miami, FL
Offense: 1. Possession of contraband (marijuana) in a federal correctional

institution; District of New Jersey

2. Possession with intent to distribute more than five kilograms of cocaine; Middle District of Georgia

3. Supervised release violation; Southern District of Florida

Sentence: 1. Two months' imprisonment (consecutive) (September 3, 2013)

2. 262 months' imprisonment; five years’ supervised release (February 5, 2004)

3. 30 months’ imprisonment (consecutive) (June 3, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Eddie Harley – Baltimore, MD

Offense: Conspiracy to distribute a mixture containing cocaine, heroin, and cocaine base; possession with intent to distribute a mixture containing cocaine; possession with intent to distribute a mixture containing cocaine base; possession with intent to distribute a mixture containing heroin; District of Maryland

Sentence: 360 months’ imprisonment; five years’ supervised release (January 21, 2003)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Monica Haro – Mission, TX
Offense: Conspiracy to commit money laundering; Western District of Texas
Sentence: 188 months' imprisonment; three years' supervised release; $1,000 fine (November 12, 2009)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Anthony T. Harris – Murfreesboro, TN
Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of crack cocaine and some quantity of marijuana; distribution of 50 grams of crack cocaine within 1,000 feet of a protected area; Middle District of Tennessee
Sentence: 262 months' imprisonment; 10 years' supervised release (November 8, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Antone C. Harris – Indianapolis, IN

Offense: Possession with intent to distribute 50 grams or more of a mixture or substance containing a detectable amount of cocaine base; Southern District of Indiana

Sentence: 240 months’ imprisonment’ 10 years’ supervised release (September 8, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Brandon W. Harris – Mt. Vernon, IL

Offense: Conspiracy to manufacture 50 grams or more of a mixture and substance containing methamphetamine; Southern District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release; $200 fine (May 3, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Clenneth J. Harris – Chattanooga, TN

Offense: Possession of 50 grams or more of cocaine base for distribution; Eastern District of Tennessee

Sentence: 240 months’ imprisonment; 10 years’ supervised release (November 6, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Efrem Zemblish Harris – Tulsa, OK
Offense: Conspiracy to possess cocaine with intent to distribute and to distribute cocaine in excess of five kilograms, cocaine base in excess of 50 grams, and a quantity of marijuana, and sentencing enhancement; conspiracy to use telecommunication facilities to commit or facilitate acts constituting a felony and sentencing enhancement; conspiracy to establish or maintain a location for the purpose of storing or distributing controlled substances and sentencing enhancement; possession of marijuana with intent to distribute; interstate travel in aid of racketeering; Northern District of Oklahoma
Sentence: Life imprisonment; 10 years' supervised release; $5,000 fine (June 5, 2003)

Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment and unpaid balance of $5,000 fine remitted when his sentence expires.

 

• Eric Harris – Philadelphia, PA

Offense: Conspiracy to distribute cocaine base and marijuana; distribution and possession with intent to distribute cocaine base (four counts); distribution and possession with intent to distribute cocaine; possession with intent to distribute marijuana; possession of cocaine and cocaine base with intent to distribute within 1,000 feet of a school; Eastern District of Pennsylvania

Sentence: 240 months' imprisonment; 12 years' supervised release; $2,500 fine (January 19, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019 and unpaid balance of $2,500 fine remitted when his sentence expires, conditioned upon enrollment in residential drug treatment.

 

• Linwood Claude Harris, Jr. – Monroe, GA

Offense: Conspiracy to possess with intent to distribute crack cocaine; Northern District of Georgia

Sentence: 250 months' imprisonment; 20 years' supervised release; $2,000 fine (February 10, 2006)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment.

 

• Shaun Kevin Harris – Sutton, WV

Offense: Cocaine conspiracy; aiding and abetting distribution of crack cocaine (two counts); distribution of crack cocaine; possession with intent to distribute crack cocaine; Northern District of West Virginia

Sentence: 360 months' imprisonment; five years' supervised release; $5,000 fine (January 30, 2002)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Tyrone A. Harris – Spotsylvania, VA

Offense: Conspiracy to possess with the intent to distribute and to distribute cocaine base; Eastern District of Virginia

Sentence: 262 months’ imprisonment; 60 months’ supervised release (August 15, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Charles Harrison – Charlotte, NC

Offense: Conspiracy to possess with intent to distribute and distribute one kilogram or more of heroin; District of Columbia

Sentence: Life imprisonment; five years’ supervised release; $25,000 fine (July 21, 2004)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017 and unpaid balance of $25,000 fine remitted.

 

• Marlon R. Harrison – Savannah, GA

Offense: Possession with intent to distribute 50 grams or more of cocaine base; Southern District of Georgia

Sentence: 262 months’ imprisonment; five years’ supervised release (November 26, 2007)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Todd Lowell G. Haworth – Kina, ID
Offense: Conspiracy to possess with intent to distribute methamphetamine; District of Idaho
Sentence: 276 months' imprisonment; five years' supervised release; $2,000 fine (December 21, 2005); amended to 235 months' imprisonment (October 13, 2015)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Andre Haynes – Miami, FL

Offense: Conspiracy to distribute at least 50 grams of cocaine base; Southern District of Florida

Sentence: 202 months’ imprisonment; five years’ supervised release (January 25, 2007)

Commutation Grant: Prison sentence commuted to expire on October 16, 2017.

 

• Gregory Hearn – Kilgore, TX
Offense: Conspiracy to distribute methamphetamine; Western District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (April 2, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Antonio Jeron Hemphill – Rock Hill, SC
Offense: Conspiracy to possess with intent to distribute and distribution of 50 grams or more of cocaine base; District of South Carolina
Sentence: 262 months' imprisonment; 10 years' supervised release (March 14, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Michael Henderson – Newark, NJ

Offense: Conspiracy to possess with intent to distribute heroin; Western District of North Carolina

Sentence: 262 months' imprisonment; eight years' supervised release (December 24, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Walter Henry, III – Capitol Heights, MD

Offense: Conspiracy to possess with intent to distribute one kilogram or more of heroin; aiding and abetting; unlawful possession with intent to distribute 100 grams or more of heroin (two counts); District of Columbia

Sentence: Life imprisonment; four years’ supervised release (March 12, 2001)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Lejandra Deshawn Herman – Knoxville, TN
Offense: Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine hydrochloride; Eastern District of Tennessee
Sentence: 300 months' imprisonment; 10 years' supervised release (May 2, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Domingo Hernandez – Ledgewood, NJ

Offense: Conspiracy to distribute controlled substance; unlawful transport of firearms; District of New Jersey

Sentence: 240 months’ imprisonment; five years’ supervised release (October 2, 2008)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment.

 

• Jackie Hernandez – Park Forest, IL

Offense: Conspiracy to possess with intent to distribute one kilogram or more of heroin; knowingly and intentionally used telephone in furtherance of a drug offense; Northern District of Indiana

Sentence: 240 months’ imprisonment; five years’ supervised release (October 23, 2008)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Keith Angelo Hernandez – Atlanta, GA
Offense: Possession with intent to distribute cocaine base; possession of a firearm during commission of a crime; Northern District of Georgia
Sentence: 322 months' imprisonment; five years' supervised release (January 25, 1996)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Ramiro Hernandez – Edinburg, TX

Offense: Conspiracy to distribute a controlled substance; Eastern District of Wisconsin

Sentence: 240 months' imprisonment; 10 years' supervised release; $8,400 restitution (March 13, 2007)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Hassan Hills – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine, 50 grams or more of cocaine base, and marijuana; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release; $1,500 fine (December 19, 2001)

Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Eric Hinton – Ypsilanti, MI

Offense: Distribution of a controlled substance (2 counts); Eastern District of Michigan

Sentence: 360 months’ imprisonment; 5 years’ supervised release (February 9, 1999)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Brian Douglas Hoggard – Coatesville, PA
Offense: Conspiracy to distribute 50 grams or more of cocaine base (crack); distribution of 50 grams or more of cocaine base (crack) and aiding and abetting (2 counts); Eastern District of Pennsylvania
Sentence: 204 months' imprisonment; 10 years' supervised release; $3,000 fine (March 27, 2008)

Commutation Grant: Prison sentence commuted to expire on July 19, 2018 and unpaid balance of the $5,000 fine remitted when his sentence expires.

 

• Lawrence Honore – New Orleans, LA

Offense: Conspiracy to distribute and to possess with intent to distribute 50 grams or more of cocaine base (crack); Eastern District of Louisiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release (August 28, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Charles Allen House – Garden Grove, CA
Offense: Conspiracy to possess with intent to distribute methamphetamine; Northern District of Texas
Sentence: 360 months' imprisonment; five years' supervised release (May 17, 1996)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Daniel Alfonso Jacobo – Cedar Rapids, IA
Offense: Possess with intent to distribute 500 grams or more of methamphetamine mixture after a conviction for felony drug offense; Northern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (May 10, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Walter Jenkins – Colorado Springs, CO
Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams of cocaine base and aiding and abetting; possession of firearms during and in relation to a drug trafficking crime; possession of firearms during and in relation to a drug trafficking crime (second and subsequent conviction); District of Colorado
Sentence: 720 months' imprisonment; five years' supervised release (August 8, 2001)

Commutation Grant: Prison sentence commuted to a term of 322 months' imprisonment

 

• Antwaine Tacoma Johnson – Littleton, NC
Offense: Conspiracy to distribute and possess with the intent to distribute 50 grams or more of cocaine base (crack); Eastern District of North Carolina
Sentence: 183 months' imprisonment; five years' supervised release (December 11, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Dempsey Johnson – Kansas City, MO

Offense: Conspiracy to distribute MDMA and cocaine base; Western District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (September 10, 2008)

Commutation Grant: Prison sentence commuted to a term of 162 months’ imprisonment.

 

• Karmell Demetrius Johnson – Mobile, AL
Offense: Conspiracy to distribute and possess with intent to distribute crack cocaine; use, carry, or possess a firearm in furtherance of a drug trafficking crime; Southern District of Alabama
Sentence: Life plus 60 months' imprisonment; 10 years' supervised release (May 14, 2007)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Thomas Johnson – Miami, FL

Offense: Felon in possession of a firearm and ammunition; possession with intent to distribute five grams or more of cocaine base; possession with intent to distribute a detectable amount of cocaine powder; Southern District of Florida

Sentence: 360 months' imprisonment, eight years' supervised release (September 29, 2008)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Antonio D. Jones – Nashville, TN
Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession of firearms in relation to a drug trafficking offense; felon in possession of firearms; Middle District of Tennessee
Sentence: Life plus five years' imprisonment; 10 years' supervised release (November 15, 2004)

Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Kiwanis Miyo Jones – Clayton, AL
Offense: Controlled substance - sell, distribute, or dispense (4 counts); violent crime/drugs/guns; unlawful transport of firearms; Middle District of Alabama
Sentence: Life plus 60 months' imprisonment; 10 years' supervised release (May 16, 2008)

Commutation Grant: Prison sentence commuted to a term of 170 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Ryan K. Jones – Ste. Genevieve, MO

Offense: Conspiracy to manufacture methamphetamine; possess a listed chemical used to manufacture methamphetamine; Western District of Wisconsin

Sentence: 328 months’ imprisonment; three years’ supervised release (December 23, 2003); amended to 240 months’ imprisonment (May 18, 2015)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Wayne Jordan – Morrisville, PA
Offense: Conspiracy to distribute methamphetamine; possession with intent to distribute methamphetamine; distribution of methamphetamine; Eastern District of Pennsylvania
Sentence: 360 months' imprisonment; five years' supervised release (April 1, 1998); amended to 324 months' imprisonment (January 29, 2015)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Bobby Dale Kelley – Coweta, OK

Offense: Conspiracy to manufacture methamphetamine; Northern District of Oklahoma

Sentence: Life imprisonment; 10 years’ supervised release; $5,000 fine (March 17, 2005) Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Kenneth Earl Kelley – Mossy Head, FL

Offense: Conspiracy to distribute and possess with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine; Northern District of Florida

Sentence: 240 months’ imprisonment; 10 years’ supervised release (December 23, 2003)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Corey Kelly – Camden, NJ

Offense: Conspiracy to possess with intent to distribute more than five grams of crack cocaine; distribution of crack cocaine (two counts); District of New Jersey

Sentence: 360 months’ imprisonment; 4 years’ supervised release; $2,000 fine (September 5, 2000)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• John Kelly – Monroe, LA

Offense: Conspiracy to distribute cocaine base with prior narcotics convictions; Western District of Louisiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release (June 12, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Alfred William Kemfort – Maui, HI
Offense: Possession with intent to distribute 50 grams or more of methamphetamine; District of Hawaii
Sentence: 240 months' imprisonment; 10 years' supervised release (March 17, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Douglas Kennedy – Hillside, NJ
Offense: Conspiracy to distribute narcotics; narcotics possession (three counts); possession of firearm in furtherance of a drug-trafficking crime (two counts) possession of a weapon by a convicted felon (two counts); District of New Jersey
Sentence: 180 months' imprisonment; eight years' supervised release (August 21, 2008); amended to 480 months’ imprisonment (July 2, 2013)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Robert Ketchledge – Delano, PA
Offense: Possession with intent to distribute over 50 grams of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Southern District of Florida
Sentence: 195 months' imprisonment; five years' supervised release (August 10, 2007); amended to 180 months' imprisonment (April 4, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Alonzo King – Kansas City, MO

Offense: Conspiracy to distribute 50 grams or more of crack cocaine following a prior felony drug conviction; Northern District of Iowa

Sentence: 240 months' imprisonment; 10 years' supervised release (August 26, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Moses King – North Charleston, SC

Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine; District of South Carolina

Sentence: Life imprisonment; 10 years’ supervised release (January 26, 2006)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Wendell Dean Kopp – Billings, MT

Offense: Conspiracy to possess with intent to distribute and distribution of methamphetamine; possession with intent to distribute methamphetamine; possession of firearms in furtherance of drug trafficking offense (two counts); District of Montana

Sentence: Life plus five years’ imprisonment (October 21, 2010)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Allan Aquino Lafuente – Kapolei, HI

Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine; distribution of five or more grams of methamphetamine (two counts); distribution of 50 grams or more of methamphetamine; possession of a firearm during and in relation to a drug trafficking crime; District of Hawaii

Sentence: 300 months’ imprisonment; 10 years’ supervised release; $1,000 fine (September 14, 2009)

Commutation Grant: Prison sentence commuted to a term of 180 months’ imprisonment, and unpaid balance of $1,000 fine remitted when his sentence expires.

 

• Dennis Chan Lai – San Francisco, CA

Offense: Continuing criminal enterprise; possession with intent to distribute, aiding and abetting (31 counts); possession of illegal weapon (two counts); possession of weapon without serial numbers; Northern District of California

Sentence: Life plus 10 years’ imprisonment; five years’ parole (July 8, 1988)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Linnard O. Lawson – New Brighton, PA

Offense: 1. Felon in possession of a firearm; possession with intent to distribute and distribution of 5 grams or more of a mixture and substance containing a detectable amount of cocaine base, commonly known as crack; Western District of Pennsylvania

2. Possession with intent to distribute cocaine base; felon in possession of a firearm; Northern District of Ohio

Sentence: 1. 120 months’ imprisonment; five years’ supervised release (August 26, 2009)

2. Life imprisonment; 10 years’ supervised release; $5,000 fine (October 6, 2010)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment and unpaid balance of $5,000 fine remitted when his sentence expires.

 

• Wendell Layne – Soddy Daisy, TN
Offense: Conspiracy to distribute with intent to distribute cocaine hydrochloride; attempt to possess with intent to distribute cocaine hydrochloride; aiding and abetting; distribution and possession with intent to distribute cocaine base; felon in possession of a firearm; obstruction of justice; Eastern District of Tennessee
Sentence: Life imprisonment; 10 years' supervised release (January 3, 1997)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• James Marcus LeBlanc – Lake Charles, LA

Offense: Conspiracy to possess with intent to distribute cocaine base; distribution of cocaine base (three counts); Western District of Louisiana

Sentence: 120 months' imprisonment; eight years' supervised release (January 14, 2010)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Tarry Cordell London – Mansfield, LA
Offense: Possession with intent to distribute cocaine base; possession of a firearm in relation to drug trafficking; Western District of Louisiana
Sentence: 180 months' imprisonment; eight years' supervised release (November 7, 2007)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Gilbert Lopez – Fayetteville, NC
Offense: Conspiracy to distribute cocaine; distribution of cocaine and aiding and abetting; conspiracy to launder drug proceeds; laundering of monetary instruments and aiding and abetting (14 counts); Eastern District of Pennsylvania
Sentence: Life imprisonment; five years' supervised release (September 13, 1993)

Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment

 

• James Keith Loveless – Pixley, CA
Offense: Conspiracy to distribute methamphetamine; District of Nebraska
Sentence: 360 months' imprisonment; five years' supervised release (June 30, 1997); amended to 292 months' imprisonment (December 17, 2015)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017

 

• James Lynch – Greenville, IN

Offense: Conspiracy to possess with intent to distribute in excess of 50 grams of methamphetamine (two counts); possession with intent to distribute in excess of five grams of methamphetamine; Southern District of Indiana

Sentence: Life imprisonment; 10 years’ supervised release (October 20, 2005)

Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Michael Anthony Mahan – Flint, MI
Offense: Distribution of an unspecified quantity of cocaine base (2 counts); possession with intent to distribute more than 50 grams of cocaine base; possession with intent to distribute more than 500 grams of cocaine; Western District of Michigan
Sentence: 240 months' imprisonment; five years' supervised release; $5,000 fine (May 9, 2005)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017, and unpaid balance of the $5,000 fine remitted

 

• Larry Steven Malone – Bend, OR
Offense: Conspiracy to manufacture and distribute methamphetamine; manufacture methamphetamine; possession with intent to distribute methamphetamine; felon in possession of a firearm; District of Oregon
Sentence: Life imprisonment; five years' supervised release (July 3, 1995); amended to 360 months' imprisonment (October 5, 2016)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Kenio Marshall – Snellville, GA

Offense: Conspiracy to distribute 500 grams or more of cocaine hydrochloride; Eastern District of Tennessee

Sentence: 262 months’ imprisonment; eight years’ supervised release (January 11, 2007)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Crystal Dawn Mattern – Dilworth, MN

Offense: Conspiracy to possess with intent to distribute and distribute a controlled substance; District of North Dakota

Sentence: 228 months' imprisonment; 10 years' supervised release (May 5, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Valencia K. Matthews – Centralia, IL

Offense: Conspiracy to distribute crack cocaine; distribution of less than five grams of crack cocaine; Southern District of Illinois

Sentence: 240 months’ imprisonment; 10 years’ supervised release; $400 fine (June 28, 2010)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Johnny Ray McAtee – Dubuque, IA
Offense: Attempt to manufacture and aid and abet the manufacturing of 50 grams or more of actual methamphetamine (pure) after being convicted of one or more felony drug offenses; possession of pseudoephedrine, knowing the pseudoephedrine would be used to manufacture methamphetamine; possession of red phosphorous, knowing the red phosphorous would be used to manufacture methamphetamine; Northern District of Iowa
Sentence: Life imprisonment; 10 years' supervised release (March 7, 2006)

Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Joseph McBride – Trenton, NJ

Offense: Conspiracy to possess with intent to distribute five or more kilograms of cocaine; carrying or possessing a firearm during and in relation to a drug trafficking crime; Middle District of Florida

Sentence: 300 months' imprisonment; 10 years' supervised release (July 12, 2002)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• John McCallum – Spring Valley, NY
Offense: Narcotics conspiracy; distribution and possession with intent to distribute cocaine base (two counts); Southern District of New York
Sentence: 240 months' imprisonment; 10 years' supervised release (January 9, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• John McCauley – Chicago, IL

Offense: Distribution of 4.41 grams of cocaine after having been previously convicted of a felony drug offense; distribution and aid and abet the distribution of 3.61 grams of cocaine base and .76 grams of cocaine after having been previously convicted of a felony drug offense; distribution and aid and abet the distribution of .51 grams of cocaine base after having been previously convicted of a felony drug offense; distribution and aid and abet the distribution of 19.17 grams of cocaine base after having been previously convicted of a felony drug offense; failure to appear; Northern District of Iowa

Sentence: 366 months’ imprisonment; eight years’ supervised release; $2,150 restitution (April 2, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• James McCloud – Rochester, NY

Offense: Possession of a firearm in furtherance of a drug trafficking crime; possession with intent to distribute 5 grams or more of cocaine base; felon in possession of a firearm; Western District of New York

Sentence: 180 months’ imprisonment; eight years’ supervised release; $1,500 fine (June 20, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019 and unpaid balance of $1,500 fine remitted when his sentence expires, conditioned upon enrollment in residential drug treatment.

 

• Jeffrey Preston McClung – Harrisonburg, VA
Offense: Conspiracy to distribute marijuana; distribution of marijuana; carry a firearm during and in relation to a drug trafficking offense; money laundering; Western District of Virginia
Sentence: 410 months' imprisonment; 48 months' supervised release (July 10, 1998); amended to 387 months' imprisonment (March 23, 2015)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• John McCray, Sr. – East Saint Louis, IL

Offense: Conspiracy to distribute heroin and cocaine base; distribution of heroin and cocaine base; Southern District of Illinois

Sentence: 240 months’ imprisonment; 10 years’ supervised release; $750 fine (March 6, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• James McDade – Shreveport, LA

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; conspiracy to commit laundering of monetary instruments; Western District of Louisiana

Sentence: 360 months’ imprisonment; five years’ supervised release (May 10, 2001)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment.

 

• Frederick McGary – Hammond, LA

Offense: Conspiracy to distribute and possess with the intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Louisiana

Sentence: 300 months’ imprisonment; 10 years’ supervised release (February 20, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Martin McGee – Beersheba Springs, TN

Offense: Conspiracy to manufacture 50 grams or more of methamphetamine; Eastern District of Tennessee

Sentence: 202 months’ imprisonment; eight years’ supervised release (November 9, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Ezekial McLain – Albany, NY

Offense: Conspiracy to possess and distribute cocaine and cocaine base; Northern District of New York

Sentence: 240 months' imprisonment; 10 years' supervised release (November 6, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Cartell Alexander McLemore – Milwaukee, WI
Offense: Possession with intent to distribute 50 grams or more of cocaine base; being a felon in possession of a firearm; being a felon in possession of ammunition; Eastern District of Wisconsin
Sentence: 240 months’ imprisonment; 10 years’ supervised release (October 26, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017

 

• Randy McMahan – Wellford, SC

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession of a firearm in furtherance of a drug trafficking crime; District of South Carolina

Sentence: Life plus 120 months’ imprisonment; 10 years’ supervised release (April 18, 2007)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.

 

• Recco Salaves Meeks – Shelby, NC

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Western District of North Carolina

Sentence: 230 months and six days’ imprisonment; 10 years’ supervised release (September 26, 2006)

Commutation Grant: Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Deone Antonio Melvin – Upper Marlboro, MD
Offense: Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine; money laundering conspiracy; distribution of cocaine; possession of firearms in furtherance of drug trafficking (2 counts); felon in possession of a firearm; District of Maryland
Sentence: 540 months' imprisonment; five years' supervised release (September 26, 2005)

Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.

 

• Luis Marin Mendoza-Esquivel – Riverside, CA

Offense: Possession with intent to distribute, distribution, and aiding and abetting the distribution of 500 grams or more of methamphetamine mixture following a prior felony drug conviction; Northern District of Iowa

Sentence: 290 months’ imprisonment; 10 years’ supervised release (December 13, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Wayne Merrell – Dunlap, TN

Offense: Conspiracy to manufacture 500 grams or more of methamphetamine; Eastern District of Tennessee

Sentence: 240 months’ imprisonment; 10 years’ supervised release (November 15, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Richard Glen Milburn – Limestone, TN
Offense: Conspiracy to distribute and possession with the intent to distribute 100 kilograms or more of marijuana; conspiracy to distribute and possession with the intent to distribute 500 grams or more of methamphetamine; attempt to possess with the intent to distribute methamphetamine; carrying a firearm during and in relation to a drug trafficking offense (two counts); attempt to possess with the intent to distribute marijuana; attempt to possess with the intent to distribute 50 grams or more of methamphetamine; possession with the intent to distribute methamphetamine; possession of an unregistered short barreled firearm; possessing contraband in prison; Eastern District of Tennessee
Sentence: 480 months' imprisonment; five years' supervised release (April 19, 2007)

Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Kristi Miller – Santa Maria, CA

Offense: Conspiracy to manufacture 50 grams or more of methamphetamine actual or 500 grams or more of methamphetamine mixture; Eastern District of Tennessee

Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 6, 2011)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Timothy Wayne Miller – London, KY

Offense: 1. Conspiracy to distribute over 50 grams of methamphetamine; possession with intent to distribute methamphetamine (4 counts); possession with intent to distribute oxycodone; carrying a firearm during a drug trafficking crime; Eastern District of Kentucky

2. Knowingly failed to appear; Eastern District of Kentucky

Sentence: 1. 300 months’ imprisonment; 10 years’ supervised release (July 8, 2004)

2. 120 months’ imprisonment (concurrent); three years’ supervised release (July 8, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Robert W. Mims – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release; $500 fine (May 21, 2002)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Ervin Mincey – Swainsboro, GA
Offense: Distribution of 27.72 grams of cocaine base; Southern District of Georgia
Sentence: 360 months' imprisonment; eight years' supervised release (January 17, 2007)

Commutation Grant: Prison sentence commuted to a term of 210 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• James Edward Mitchell – Oxnard, CA
Offense: Conspiracy to distribute methamphetamine; District of Montana
Sentence: 240 months' imprisonment; 10 years' supervised release (March 31, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Lewis Lynn Mitchell – Medical Lake, WA

Offense: Possession with intent to distribute methamphetamine; District of Montana

Sentence: 288 months’ imprisonment, eight years’ supervised release (August 2, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Terry Mitchell – Miami, FL
Offense: Continuing criminal enterprise; distribution of cocaine and aiding and abetting (two counts); carrying a firearm during a drug trafficking crime; Middle District of Alabama
Sentence: Life plus 60 months' imprisonment; five years' supervised release (May 22, 1995)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Emmett Alvin Monson – Rosedale, NY

Offense: Conspiracy: possess with intent to distribute cocaine hydrochloride and heroin; possess with intent to distribute cocaine hydrochloride (two counts); possess with intent to distribute heroin (four counts); Middle District of North Carolina

Sentence: 360 months’ imprisonment; 8 years’ supervised release (September 20, 1993)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Richard Ruiz Montes ─ Escalon, CA

Offense: Conducting a continuing criminal enterprise; manufacture of marijuana and aiding and abetting; possession with intent to distribute marijuana and aiding and abetting; possession with intent to distribute marijuana (two counts); Eastern District of California

Sentence: 240 months’ imprisonment; 60 months’ supervised release (November 21, 2008)

Commutation Grant: Prison sentence to expire on May 19, 2017.

 

• Anthony Lawayne Moon – Knoxville, TN
Offense: Possession with intent to distribute five kilograms or more of cocaine hydrochloride; Eastern District of Tennessee
Sentence: 240 months’ imprisonment; 10 years’ supervised release (September 28, 2004)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Larry D. Moon ─ Louisville, KY

Offense: Possession with intent to distribute and distribution of cocaine base, aiding and abetting; possession with intent to distribute cocaine base (2 counts); Western District of Kentucky

Sentence: Life imprisonment; 10 years’ supervised release (August 21, 1996); amended

1. 360 months’ imprisonment; eight years’ supervised release (September 24, 1999)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Sentra Moore – Montgomery, AL

Offense: Aiding and abetting possession to distribute cocaine hydrochloride; aiding and abetting possession to distribute 50 or more grams of cocaine base; aiding and abetting firearm/drug trafficking; Middle District of Alabama

Sentence: 240 months’ imprisonment; five years’ supervised release (October 1, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Steven Rayford Moore – Sherman, TX
Offense: Conspiracy to possess with intent to distribute cocaine base; Eastern District of Texas
Sentence: 360 months' imprisonment; 10 years' supervised release; $5,000 fine (June 26, 2001)

Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment and unpaid balance of the $5,000 fine remitted.

 

• Jeremy Jason Morefield – Shreveport, LA

Offense: Conspiracy to distribute 50 grams or more of methamphetamine and 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine; possession of a firearm in furtherance of a drug trafficking crime; Western District of Louisiana

Sentence: 240 months’ imprisonment; eight years’ supervised release (July 13, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Chico Untras Morgan – Opelika, AL

Offense: Distribution of a controlled substance (cocaine base); Middle District of Alabama

Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 21, 2010)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, and conditioned upon enrollment in residential drug treatment.

 

• Fred Lenard Morrison – Valdese, NC
Offense: Possession with intent to distribute cocaine; simple possession of cocaine base; District of South Carolina
Sentence: 320 months’ imprisonment; five years’ supervised release (December 13, 1996)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• David Andrew Mortensen – Salt Lake City, UT
Offense: Possession with intent to distribute 50 grams of methamphetamine; District of Utah
Sentence: 240 months' imprisonment; 60 months' supervised release (September 18, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Cory D. Mosby – Rock Island, IL

Offense: Possession of cocaine base (crack) with intent to distribute; possession of a firearm in furtherance of drug trafficking; felon in possession of firearms; Central District of Illinois

Sentence: 322 months’ imprisonment; eight years’ supervised release; $2,500 fine (August 17, 2007); amended to 300 months’ imprisonment (March 10, 2009)

Commutation Grant: Prison sentence commuted to a term of 195 months’ imprisonment and unpaid balance of $2,500 fine remitted when his sentence expires.

 

• Leo Muhammad – Compton, CA

Offense: Conspiracy to distribute and possess with intent to distribute cocaine; Eastern District of Missouri

Sentence: 360 months’ imprisonment; five years’ supervised release (November 21, 2005); amended to 292 months’ imprisonment (January 29, 2015)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment.

 

• Saeed Abdul Muhammad – Spotsylvania, VA
Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base; possess with intent to distribute cocaine hydrochloride; Eastern District of Virginia
Sentence: Life imprisonment; three years’ supervised release (August 22, 2008)

Commutation Grant: Prison sentence commuted to a term of 210 months' imprisonment

 

• Dottie Nixon – Lincolnton, NC
Offense: Conspiracy to possess with intent to distribute and to distribute a quantity of cocaine and cocaine base within 1,000 feet of a school; Western District of North Carolina
Sentence: 360 months' imprisonment; six years' supervised release (August 13, 2001); amended to 324 months' imprisonment (November 19, 2015)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Alonzo Norman, Jr. – Springfield, LA

Offense: Conspiracy to distribute cocaine base and aiding and abetting; distribution of cocaine base; Eastern District of Louisiana

Sentence: 262 months’ imprisonment; five years’ supervised release (February 18, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Deon Christopher Nowell – Charleston, SC

Offense: Possession with intent to distribute and distribution of cocaine base; possession with intent to distribute cocaine base; possession with intent to distribute cocaine; possession of a firearm by a convicted felon; using and carrying a firearm during and in relation to a drug trafficking crime; District of South Carolina

Sentence: 300 months’ imprisonment; 10 years’ supervised release (March 10, 2005)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Charles Lee Parker – Marietta, GA
Offense: Conspiracy to distribute cocaine base; Southern District of Mississippi
Sentence: Life imprisonment; 10 years' supervised release (January 25, 2006)

Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.

 

• William Howard Penn, Jr. – Morgan City, LA

Offense: Narcotics, sell distribute or dispense, conspiracy to possess with intent to distribute; narcotics – sell, distribute or dispense, possession with intent to distribute; racketeering, narcotics – interstate travel in aid of illegal activity; Western District of Louisiana

Sentence: 360 months’ imprisonment; five years’ supervised release (November 10, 1997)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Christopher Clayton Pfaff – Ottumwa, IA

Offense: Conspiracy to manufacture methamphetamine; Southern District of Iowa

Sentence: 262 months’ imprisonment; 10 years’ supervised release (June 26, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Hope Aree Pinkerton – Alta, IA
Offense: Conspiracy to distribute 500 grams or more of methamphetamine mixture and manufacture five grams or more of methamphetamine actual after having been convicted of a prior felony drug offense; Northern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (August 5, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Larry Blane Pittman – San Diego, CA
Offense: Conspiracy to possess with intent to distribute more than 500 grams of a mixture of methamphetamine; Western District of Kentucky
Sentence: 262 months' imprisonment; 10 years' supervised release (December 20, 2001)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Max Orvel Plumlee – Newport News, VA

Offense: Engaging in a continuing criminal enterprise; distribution and possession with intent to distribute cocaine (eight counts); use of a firearm during a drug trafficking crime (two counts); distribution and possession with intent to distribute cocaine base (two counts); renting, leasing, and making premises available for storing and distributing cocaine; conspiracy; money laundering (five counts); engaging in monetary transactions in property derived from specified unlawful activity (four counts); Eastern District of Virginia

Sentence: Life imprisonment plus 300 months’ imprisonment; five years’ supervised release (July 18, 1994)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Charles Edward Price – Vicksburg, MS

Offense: Conspiracy to distribute cocaine base; Southern District of Mississippi

Sentence: 292 months’ imprisonment; five years’ supervised release; $1,500 fine (June 3, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017 and unpaid balance of the $1,500 fine remitted.

 

• Calvin Pritchett ─ Cleveland, OH

Offense: Possession with the intent to distribute cocaine; felon in possession of a firearm; Northern District of Ohio

Sentence: 240 months’ imprisonment; 10 years’ supervised release (November 30, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Tony Roger Pullings – Ocala, FL

Offense: Conspiracy to distribute cocaine hydrochloride and cocaine base; distribution of cocaine (three counts); Middle District of Florida

Sentence: 360 months’ imprisonment; five years’ supervised release (May 14, 1999)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Dennis Ragland – Lincoln, AL

Offense: Conspiracy to possess with the intent to distribute and distribution of controlled substances; distribution and possession with the intent to distribute controlled substances; felon in possession of a firearm; use and carrying of a firearm during and in relation to a drug trafficking crime; Northern District of Alabama

Sentence: 330 months’ imprisonment; three years’ supervised release (November 29, 2006)

Commutation Grant: Prison sentence commuted to a term of 210 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Sergio Ramirez – Des Moines, IA

Offense: Conspiracy to distribute methamphetamine; distribute methamphetamine; Southern District of Iowa

Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 22, 2003)

Commutation Grant: Prison sentence commuted to expire on July 18, 2017.

 

• Alex Randell – Tallahassee, FL

Offense: Possess with intent to distribute cocaine base, conspiracy to distribute cocaine base; Northern District of Florida

Sentence: Life imprisonment; 10 years’ supervised release (July 23, 1999)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment, conditioned upon enrollment in residential drug treatment

 

• Ernest Reagan ─ Knoxville, TN

Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute cocaine hydrochloride; felon in possession of firearms; possession of firearms in furtherance of a drug trafficking crime; felon in possession of a firearm and ammunition; Eastern District of Tennessee

Sentence: Life imprisonment; 10 years’ supervised release (July 16, 2009)

Commutation Grant: Prison sentence commuted to a term of 168 months’ imprisonment, conditioned on upon enrollment in residential drug treatment.

 

• Johnnie C. Reed – Spartanburg, SC

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Northern District of Florida

Sentence: Life imprisonment; 10 years’ supervised release (February 7, 1997)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment

 

• Kristen Reed ─ Winchester, TN

Offense: Conspiracy to distribute 50 grams or more of cocaine base; Eastern District of Tennessee

Sentence: 240 months’ imprisonment; 10 years’ supervised release (July 27, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Anthony Jaron Richardson – Charlotte, NC
Offense: Possession with intent to distribute cocaine base; use and carry of a firearm during and in relation to a drug trafficking crime; possession of a firearm by a convicted felon; Western District of North Carolina
Sentence: 300 months' imprisonment; 10 years' supervised release (October 16, 2002)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Cory D. Rigmaiden – Fresno, TX
Offense: Possession with intent to distribute cocaine base; Western District of Louisiana
Sentence: 300 months' imprisonment; five years' supervised release (August 18, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Robert James Riley – Clackamas, OR

Offense: Conspiracy to distribute LSD; Southern District of Iowa

Sentence: Life imprisonment (November 4, 1993)

Commutation Grant: Prison sentence commuted to expire on January 19, 2018.

 

• Jerry K. Roberson – St. Petersburg, FL

Offense: Conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine; Middle District of Florida

Sentence: 262 months’ imprisonment; eight years’ supervised release (December 15, 2006)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Samuel Roberts – Kinston, NC

Offense: Possession with intent to distribute cocaine base (two counts), simple possession of cocaine base; Eastern District of North Carolina

Sentence: 360 months’ imprisonment; eight years’ supervised release (August 31, 1998)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Charles Bernard Robinson – Raleigh, NC
Offense: Possession with the intent to distribute more than 50 grams of cocaine base (crack); possession of a firearm in furtherance of a drug trafficking crime; Eastern District of North Carolina
Sentence: 322 months' imprisonment; five years' supervised release (February 5, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Gerald Robinson – Overland, MO

Offense: Conspiracy to possess pseudoephedrine knowing it would be used to manufacture methamphetamine; possession of pseudoephedrine knowing it would be used to manufacture methamphetamine (two counts); Eastern District of Missouri

Sentence: 220 months’ imprisonment; two years’ supervised release (December 14, 2006); amended to 177 months’ imprisonment (April 27, 2015)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Glenn Vincent Robinson – Stilwell, OK

Offense: Attempt to manufacture methamphetamine (two counts); possession of firearm in furtherance of a drug trafficking offense (two counts); Eastern District of Oklahoma

Sentence: 555 months’ imprisonment; five years’ supervised release (April 27, 2004); amended to 480 months’ imprisonment (July 21, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• John Robinson – Charlotte, NC

Offense: Conspiracy to possess with intent to distribute cocaine; Western District of North Carolina

Sentence: 262 months’ imprisonment; 10 years’ supervised release (April 1, 2008)

Commutation Grant: Prison sentence commuted to a term of 200 months’ imprisonment.

 

• Joseph E. Robinson – Tallulah, LA

Offense: Conspiracy to possess with intent to distribute cocaine base with prior narcotics conviction; possession with intent to distribute cocaine base with prior narcotics conviction (seven counts); Western District of Louisiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 6, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Luther Lee Robinson – Greensboro, NC

Offense: Conspiracy: distributed cocaine base (crack); Middle District of North Carolina

Sentence: 262 months’ imprisonment; 10 years’ supervised release (August 24, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• William Everett Robinson – Crestview, FL

Offense: Possession with intent to distribute cocaine base; possession of a firearm during and in relation to a drug trafficking crime; convicted felon in possession of a firearm/armed career criminal; Northern District of Florida

Sentence: Life plus 60 months’ imprisonment; 10 years’ supervised release (May 10, 1999)

Commutation Grant: Prison sentence commuted to expire on July 18, 2017, conditioned upon enrollment in non-residential drug treatment (NRDAP).

 

• Juan Rodriguez ─ Edinburg, TX

Offense: Conspiracy to distribute and possess with intent to distribute cocaine; Eastern District of New York

Sentence: 360 months’ imprisonment; five years’ supervised release (May 18, 2000)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Germaine Roebuck ─ Champaign, IL

Offense: Distribution of five or more grams of cocaine base (crack); Central District of Illinois

Sentence: 262 months’ imprisonment; eight years’ supervised release (November 21, 2003)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Marvin G. Roland – Wauchula, FL

Offense: Conspiracy to distribute and possess with intent to distribute methamphetamine; use and carry a firearm during and in relation to a drug trafficking crime; Eastern District of North Carolina

Sentence: 322 months’ imprisonment; 5 years’ supervised release; $10,000 fine (July 12, 1999)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017 and unpaid balance of $10,000 fine remitted.

 

• Randolph Rolle ─ Miami, FL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base (crack cocaine), 500 grams or more of cocaine and 100 grams or more of heroin; Southern District of Florida

Sentence: 292 months’ imprisonment; five years’ supervised release (February 5, 2007); amended to 262 months’ imprisonment (December 31, 2008)

Commutation Grant: Prison sentence commuted to a term of 200 months, conditioned on enrollment in residential drug treatment.

 

• Jerrick Lamont Rorie – Marshville, NC

Offense: Conspiracy to distribute 50 grams or more of cocaine base and five kilograms or more of cocaine; District of South Carolina

Sentence: 264 months’ imprisonment; 10 years’ supervised release (October 27, 2009); amended to 240 months’ imprisonment (July 2, 2012)

Commutation grant: Prison sentence commuted to a term of 168 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Charlie Lee Ross, Jr. – Houston, Texas

Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base (six counts); Western District of Louisiana

Sentence: 360 months’ imprisonment; 10 years’ supervised release; $20,000 fine (January 25, 2001)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019 and unpaid balance of $20,000 fine remitted when his sentence expires, conditioned upon enrollment in residential drug treatment.

 

• Ted Ross – Dallas, TX

Offense: Conspiracy; money laundering; felon in possession of a firearm; Northern District of Texas

Sentence: Life imprisonment; five years' supervised release (February 16, 1994)

Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Timnah Rudisill – Hendersonville, NC

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Western District of North Carolina

Sentence: Life imprisonment; 10 years’ supervised release (July 24, 2002)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Tyrone Sain – Memphis, TN

Offense: 1. Attempt to possess with intent to distribute approximately three kilograms of cocaine, a controlled substance; Western District of Tennessee

2. Possession of a controlled object, marijuana, in a federal correctional institution; Western District of Tennessee

Sentence: 1. 360 months’ imprisonment; eight years’ supervised release (January 27, 1999)

2. Two months’ imprisonment (consecutive) (October 4, 2010)

Commutation Grant: Both prison sentences commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Dyron K. Sampson – Arcadia, LA
Offense: Possession with intent to distribute cocaine base; Western District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (April 9, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Jose Alfredo Sanchez, Jr. ─ Grafton, ND

Offense: Continuing criminal enterprise; District of North Dakota

1. 240 months’ imprisonment; four years’ supervised release (March 29, 2007)

Commutation Grant: Prison sentence commuted to a term of 210 months’ imprisonment.

 

• Helen Evette Sanders – Altamont, TN
Offense: Conspiracy to manufacture 500 grams or more of methamphetamine; Eastern District of Tennessee
Sentence: 300 months' imprisonment; 10 years' supervised release (August 9, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Ramon A. Santos – Providence, RI
Offense: Conspiracy to possess with intent to distribute more than five kilograms of cocaine; Northern District of Texas
Sentence: 260 months' imprisonment; five years' supervised release; $25,000 fine (March 24, 2005); amended to 211 months' imprisonment (February 11, 2016)

Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment and unpaid balance of the $25,000 fine remitted.

 

• David M. Scates ─ Richmond, VA

Offense: Possession of cocaine, aiding and abetting; possession of a firearm by a convicted felon, aiding and abetting; Eastern District of Virginia

Sentence: 293 months’ imprisonment; five years’ supervised release (April 23, 1999)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Joseph Schwartz – Philadelphia, PA

Offense: Conspiracy to distribute and to possess with the intent to distribute methamphetamine; Eastern District of Pennsylvania

Sentence: 240 months’ imprisonment; eight years’ supervised release; $500 fine (November 1, 2005)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Aaron A. Scott – Petersburg, VA

Offense: Distribution and possession with intent to distribute cocaine base within 1,000 feet of a public school; Eastern District of Virginia

Sentence: 188 months’ imprisonment; six years’ supervised release (April 21, 2008)

Commutation Grant: Prison sentence commuted to expire on July 18, 2017.

 

• Kenneth E. Scott ─ Scott City, MO

Offense: Possession of pseudoephedrine knowing it will be used to manufacture methamphetamine; felon in possession of a firearm; Eastern District of Missouri

Sentence: 296 months’ imprisonment; three years’ supervised release (December 2, 2003); amended to 237 months’ imprisonment (March 17, 2015)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Stephen Scott – Worcester, MA

Offense: Possession of cocaine base with intent to distribute; unlawful possession of a firearm with an obliterated serial number; felon in possession of a firearm; District of Massachusetts

Sentence: 240 months’ imprisonment; 10 years’ supervised release (February 8, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Timothy Wayne Seabury- Satsuma, AL

Offense: Conspiracy to possess with intent to distribute crack cocaine; conspiracy to possess with intent to distribute methamphetamine; conspiracy to manufacture methamphetamine; attempt to manufacture methamphetamine; Southern District of Alabama

Sentence: Life imprisonment; 10 years’ supervised release (November 18, 2011)

Commutation Grant: Prison sentence commuted to a term of 235 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Burnette Trione Shackleford ─ Georgetown, SC

Offense: Conspiracy to distribute 50 grams or more of cocaine base and 5 kilograms or more of powder cocaine; District of South Carolina

Sentence: 264 months’ imprisonment; 10 years’ supervised release (August 14, 2007); amended to 212 months’ imprisonment (August 11, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Duane Sheffield – Augusta, GA

Offense: Conspiracy to distribute five grams or more of cocaine base; Eastern District of Tennessee

Sentence: 300 months’ imprisonment; 8 years’ supervised release (June 18, 2009)

Commutation Grant: Prison sentence commuted to a term of 151 months, conditioned upon enrollment in residential drug abuse treatment.

 

• Michael William Shranklen – Ankeny, IA

Offense: Conspiracy to distribute methamphetamine; Southern District of Iowa

Sentence: 240 months’ imprisonment; 10 years’ supervised release (October 30, 2003)

Commutation Grant: Prison sentence commuted to expire on August 17, 2017.

 

• Jeremy Simmons – Chicago, IL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base (mixture) and less than 500 grams of cocaine (mixture); distribution of 50 grams or more of cocaine base (mixture) (four counts); Southern District of Indiana

Sentence: Life imprisonment; 10 years’ supervised release (March 16, 2009)

Commutation Grant: Prison sentence commuted to 360 months’ imprisonment.

 

• Damenion Sims – Houston, TX
Offense: Possession with the intent to distribute 50 grams or more of cocaine base; Eastern District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (February 20, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment

 

• Willie Small – Denver, CO
Offense: Conspiracy to distribute and possess with intent to distribute 50 or more grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 13.382 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 13.323 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 26.295 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 6.457 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 26.764 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 26.866 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 23.484 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 32.756 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 54.174 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 26.356 grams of cocaine base, aiding and abetting; distribution and possession with intent to distribute 14 grams of cocaine base, aiding and abetting (two counts); distribution and possession with intent to distribute seven grams of cocaine base, aiding and abetting (five counts); distribution and possession with intent to distribute 27 grams of cocaine base, aiding and abetting; use of a communication facility to conspire to distribute and possession with intent to distribute cocaine base, aiding and abetting (13 counts); distribution and possession with intent to distribute 3.5 grams of cocaine base, aiding and abetting (two counts); distribution and possession with intent to distribute 56 grams of cocaine base, aiding and abetting; possession with intent to distribute .244 grams of cocaine base, aiding and abetting; possession with intent to distribute 175 grams or more of cocaine base, aiding and abetting; money laundering, aiding and abetting; District of Colorado
Sentence: Life imprisonment; eight years' supervised release (April 21, 2004)

Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Bernard Gary Smith, Jr. – Warsaw, VA

Offense: Conspiracy to distribute 50 grams or more of crack cocaine and to distribute marijuana; Eastern District of Virginia

Sentence: 262 months’ imprisonment; five years’ supervised release (November 7, 2003)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Felicia Smith – Shreveport, LA

Offense: Conspiracy to distribute five kilograms or more of cocaine; conspiracy to distribute 50 grams or more of cocaine base; possession with intent to distribute cocaine; Western District of Louisiana

Sentence: 292 months’ imprisonment; five years’ supervised release (December 15, 2005); amended to 188 months’ imprisonment (January 4, 2017)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• John Wayne Smith – Charlotte, NC

Offense: Possess with intent to distribute and distribute cocaine base; Western District of North Carolina

Sentence: 216 months’ imprisonment; four years’ supervised release (March 22, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Lawrence Smith – Immokalee, FL

Offense: Possession with intent to distribute five grams or more of cocaine base, “crack cocaine”; Middle District of Florida

Sentence: 235 months’ imprisonment; 4 years’ supervised release (January 22, 2008)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment.

 

• Nathaniel Smith, Jr. – Eden, NC

Offense: Conspiracy to distribute cocaine base crack; Middle District of North Carolina

Sentence: 262 months’ imprisonment; 10 years’ supervised release (March 8, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Ronald Benjamin Smith – Demopolis, AL
Offense: Possession with intent to distribute crack cocaine; using and carrying a firearm during a drug trafficking felony; Southern District of Alabama
Sentence: 300 months' imprisonment; 10 years' supervised release (January 11, 2008)

Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Teresa Smith – Baird, TX

Offense: Conspiracy to distribute a controlled substance; Northern District of Texas

Sentence: 309 months’ imprisonment; five years’ supervised release (August 24, 2007)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Anthony B. Southard – Youngstown, OH

Offense: Possession with intent to distribute approximately 100.3 grams of cocaine base; carrying a firearm during and in relation to a drug trafficking crime; Northern District of Ohio

Sentence: 300 months’ imprisonment; 10 years’ supervised release (June 27, 2000)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Thaddeus A. Speed – Kankakee, Illinois

Offense: Conspiracy to distribute 50 grams or more of cocaine base (crack); distribution of 50 grams or more of cocaine base (crack); possession of five grams of more of cocaine base (crack) with intent to distribute it; Central District of Illinois

Sentence: Life imprisonment (March 3, 2010)

Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Glen Alan Spicer – Dobson, NC
Offense: Conspiracy to manufacture and distribute methamphetamine; possessed firearms in commerce after felony conviction; Middle District of North Carolina
Sentence: 240 months' imprisonment; 10 years' supervised release (September 11, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Michael Stacey – Charlotte, NC

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Western District of North Carolina

Sentence: 262 months’ imprisonment; 5 years’ supervised release (July 29, 2004) Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Jason L. Stewart – East Cleveland, OH

Offense: Possession with intent to distribute in excess of 50 grams of cocaine base; Northern District of West Virginia

Sentence: 262 months’ imprisonment; 5 years’ supervised release (December 1, 2004)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Jubali Dushawn Stokes ─ Chicago, IL

Offense: Conspiracy to distribute “crack” cocaine; Eastern District of Wisconsin

Sentence: 240 months’ imprisonment; 10 years’ supervised release; repayment of $2,010 of “buy money” as a condition of supervised release (March 4, 2009)

Commutation Grant: Prison sentence commuted to a term of 120 months’ imprisonment and condition of supervised release requiring repayment of $2,010 of “buy money” is also commuted.

 

• Jonathan L. Stout – Memphis, TN

Offense: Conspiracy to distribute over five grams of cocaine base; possession of over five grams of cocaine base with intent to distribute; possession of cocaine with intent to distribute; Western District of Tennessee

Sentence: 1,200 months’ imprisonment; four years’ supervised release (December 14, 2004); amended to 300 months’ imprisonment; three years’ supervised release (August 22, 2008); amended to 292 months’ imprisonment (November 1, 2011)

Commutation Grant: Prison sentence commuted to a term of 180 months’ imprisonment.

 

• Tyrone Sturdivant ─ Mason City, IA

Offense: Conspiracy to manufacture and distribute 50 grams or more of cocaine base and to distribute cocaine salt; distribution of cocaine salt (two counts); Northern District of Iowa

Sentence: 348 months’ imprisonment; 10 years’ supervised release (October 26, 2006); amended to life imprisonment (May 3, 2010)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Jorge Luis Suarez-Maya – Cabo Rojo, PR

Offense: Possess with intent to distribute cocaine; possess and carry a revolver during the commission of a drug trafficking crime; District of Puerto Rico

Sentence: Life plus 60 months’ imprisonment; five years’ supervised release (November 22, 1993)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Raymond Roger Surratt, Jr. – Shelby, NC

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Western District of North Carolina

Sentence: Life imprisonment; 10 years’ supervised release (October 31, 2005)

Commutation Grant: Prison sentence commuted to a term of 200 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Andre Rashad Sutton – Chattanooga, TN

Offense: Conspiracy to distribute 50 grams or more of cocaine base and cocaine hydrochloride; possess with intent to distribute 50 grams or more of cocaine base; Eastern District of Tennessee

Sentence: 240 months’ imprisonment; 10 years’ supervised release (May 21, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Lambert Dorell Sweat – Manning, SC

Offense: Possession with intent to distribute a quantity of marijuana and cocaine; felon in possession of a firearm and ammunition; using and carrying a firearm during and in relation to a drug trafficking crime; District of South Carolina

Sentence: 262 months’ imprisonment; six years’ supervised release (July 19, 2011)

Commutation Grant: Prison sentence commuted to a term of 180 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Alan Sylvester – Jamaica, NY

Offense: Conspiracy to possess with intent to distribute cocaine; District of Maryland

Sentence: Life imprisonment; 10 years’ supervised release (July 24, 2006); amended to 360 months’ imprisonment (August 3, 2009)

Commutation Grant: Prison sentence commuted to a term of 260 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Jeffrey Tate – Chapel Hill, NC

Offense: Possession with intent to distribute cocaine and cocaine base; Eastern District of North Carolina

Sentence: 360 months’ imprisonment; five years’ supervised release (October 23, 1997)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Richard Len Taylor, Jr. – Deep Gap, NC

Offense: Conspiracy to possess with intent to distribute a quantity of methamphetamine; using and carrying a firearm during and in relation to a drug trafficking crime and aiding and abetting; Western District of North Carolina

Sentence: 322 months’ imprisonment; 10 years’ supervised release, $10,142.86 restitution (August 9, 2005); amended to 300 months’ imprisonment (November 19, 2015)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Joshua John Terry – Chattanooga, TN

Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Tennessee

Sentence: 180 months’ imprisonment; 5 years’ supervised release (March 20, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Charles Edward Thomas – Odessa, TX
Offense: Possession with intent to distribute more than five grams of crack cocaine; possession with intent to distribute crack cocaine; Western District of Texas
Sentence: 360 months' imprisonment; eight years' supervised release (November 30, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Elton F. Thomas – Ontario, CA

Offense: Conspiracy to distribute in excess of 50 grams of cocaine base (“crack”); Eastern District of Tennessee

Sentence: 300 months’ imprisonment; 5 years’ supervised release (February 11, 2000)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Benjamin C. Thompkins, Jr. ─ Amelia, VA

Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; possession of a firearm and ammunition by a convicted felon; manufacture and possess with intent to distribute marijuana; Eastern District of Virginia

Sentence: 300 months’ imprisonment; 10 years’ supervised release (February 6, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Anthony Dwayne Thompson – Los Angeles, CA

Offense: Conspiracy to distribute cocaine; Southern District of Iowa

Sentence: 262 months’ imprisonment; 10 years’ supervised release (November 19, 2004); amended to 240 months’ imprisonment (June 21, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Jerome Thompson – Kansas City, MO
Offense: Distribution of 50 grams or more of cocaine base; Western District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (November 20, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Wayne D. Thompson – Richmond, VA
Offense: Possess with intent to distribute cocaine base within one thousand feet of a school; Eastern District of Virginia
Sentence: 300 months' imprisonment; 16 years' supervised release (December 10, 2008)

Commutation Grant: Prison sentence commuted to a term of 220 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• William Thorne – Patterson, NJ

Offense: Distribute and possess with intent to distribute 5 grams or more of cocaine base; District of New Jersey

Sentence: 200 months’ imprisonment; four years’ supervised release (June 28, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• James Mark Thornton ─ Knoxville, TN

Offense: Conspiracy to distribute and possession with the intent to distribute five kilograms or more of cocaine; Eastern District of Tennessee

Sentence: 327 months’ imprisonment; 10 years’ supervised release (July 10, 2006)

Commutation Grant: Prison sentence commuted to a term of 240 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• William Tisdale – Greensboro, NC

Offense: Distributed cocaine base (crack); Middle District of North Carolina

Sentence: 262 months' imprisonment; five years' supervised release (March 28, 2000)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Jim L. Townsend – Memphis, TN
Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine and aiding and abetting in same; Western District of Tennessee
Sentence: Life imprisonment (October 23, 1992)

Commutation Grant: Prison sentence commuted to expire on January 19, 2018.

 

• Brosarick Ernesto Trammell – Roanoke, Alabama

Offense: Distribution of (50) fifty grams or more of a mixture and substance containing cocaine base “crack”; Northern District of Alabama

Sentence: 240 months’ imprisonment; five years’ supervised release (March 24, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• James Tranmer – Hackensack, NJ

Offense: Conspiracy to import marijuana; conspiracy to possess with intent to distribute marijuana; Northern District of Florida

Sentence: 420 months’ imprisonment; eight years’ supervised release (August 3, 1994)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Melvin Tucker – Chicago, IL

Offense: Conspiracy to manufacture and distribute 50 grams or more of cocaine base and to distribute cocaine salt after a conviction for a felony drug offense; distribution and aiding and abetting the distribution of 12.39 grams of cocaine base after a conviction for a felony drug offense; distribution and aiding and abetting the distribution of 16.83 grams of cocaine base after a conviction for a felony drug offense; Northern District of Iowa

Sentence: 240 months’ imprisonment; 10 years’ supervised release (November 29, 2006)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• John Robinson Turner – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute cocaine; Northern District of Florida
Sentence: 420 months' imprisonment; 10 years' supervised release (June 23, 1993)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Antonio Luna Valdez, Jr. – Weslaco, TX

Offense: Conspiracy to possess with intent to distribute cocaine, cocaine base and marihuana; Western District of Louisiana

Sentence: Life imprisonment (September 17, 2012)

Commutation Grant: Prison sentence commuted to a term of 168 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Aldo Venegas – Pecos, TX

Offense: Conspiracy to possess with intent to distribute cocaine; Western District of Texas

Sentence: 240 months’ imprisonment; five years’ supervised release (December 11, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Donald LeRoy Wagaman – Glenwood, IA

Offense: Manufacture in excess of 50 grams of methamphetamine; Southern District of Iowa

Sentence: 185 months’ imprisonment; four years’ supervised release (February 22, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Bernard A. Walker – Knoxville, TN
Offense: Possession with intent to distribute 50 grams or more of cocaine base; Eastern District of Tennessee
Sentence: Life imprisonment; 10 years' supervised release (November 25, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Yakez Walker ─ Deerfield Beach, FL

Offense: Distribution of 50 grams or more of cocaine base; Southern District of Florida

Sentence: 262 months’ imprisonment; five years’ supervised release (June 25, 2008)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Eric Arthur Walton – Wheeling, WV
  Offense: 1. Conspiracy to possess with intent to distribute and to distribute

marijuana; conspiracy to launder monetary instruments; interstate transportation in aid of racketeering (2 counts); laundering of monetary instruments; aiding and abetting in the possession with intent to distribute marijuana within 1,000 feet of a school; Northern District of West Virginia

2. Conspiracy to defraud U.S., to wit: corruptly endeavor to influence, intimidate, or impede a petit juror; attempt to influence a petit juror and aiding and abetting; Northern District of West Virginia

Sentence: 1. Life imprisonment; 10 years’ supervised release; $20,000 fine (July 26, 1994)

2. 60 months’ imprisonment (consecutive); three years’ supervised release (June 2, 1997)

Commutation Grant: Prison sentence commuted to a term of 387 months' imprisonment.

 

• Charles Ward – Martinsburg, WV

Offense: Aiding and abetting in the distribution of 28.7 grams of cocaine base; Northern District of West Virginia

Sentence: 200 months’ imprisonment; five years’ supervised release (September 28, 2009)

Commutation Grant: Prison sentence commuted to a term of 151 months’ imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Jeffrey Ward – Memphis, TN

Offense: Possession and distribution of 57.9 grams cocaine base; possession and distribution of 70.2 grams cocaine base; Western District of Tennessee

Sentence: 262 months’ imprisonment; five years’ supervised release (July 2, 2004)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug abuse treatment.

 

• Timmy Don Ware – Oklahoma City, OK

Offense: Participation in racketeering activities; conspiracy to participate in a criminal racketeering enterprise; conspiracy to possess with intent to distribute heroin; possession with intent to distribute heroin (three counts); use of telephone to facilitate a conspiracy; Western District of Oklahoma

Sentence: 33 years’ imprisonment; five years’ supervised release (September 29, 1988)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Dan Russell Watson – Mediapolis, IA

Offense: Conspiracy to manufacture at least 500 grams of a mixture and substance containing methamphetamine; Southern District of Iowa

Sentence: 240 months’ imprisonment; 10 years’ supervised release, $4,959 restitution (May 28, 2009)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019 and unpaid balance of the $4,959 restitution obligation remitted, conditioned upon enrollment in residential drug treatment.

 

• Raymond Allen Watts – Hyattsville, MD

Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base commonly known as crack; possession of a firearm by a convicted felon; District of Maryland

Sentence: 292 months’ imprisonment; five years’ supervised release (December 29, 2006)

Commutation Grant: Prison sentence commuted to a term of 200 months’ imprisonment.

 

• Harold Lindsey Webster – Des Moines, IA

Offense: Conspiracy to distribute at least 50 grams of cocaine base; Southern District of Iowa

Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 25, 2010)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Donald Welch ─ Trenton, NJ

Offense: Conspiracy to possess with intent to distribute five or more kilograms of cocaine; carrying or possessing a firearm during and relation to a drug trafficking crime; Middle District of Florida

Sentence: 300 months’ imprisonment; 10 years’ supervised release (July 12, 2002)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Derrick White – Schriever, LA

Offense: Distribution of 50 grams or more of cocaine base; Eastern District of Louisiana

Sentence: 240 months’ imprisonment; 10 years’ supervised release (January 9, 2008)

Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment.

 

• Carlos Whitehead ─ St. Louis, MO

Offense: Manufacture and possession with intent to distribute cocaine base; possession of heroin; possession of cocaine; possession of marijuana; Eastern District of Missouri

Sentence: Life imprisonment; 10 years’ supervised release (August 25, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Winston Wilkins – West Palm Beach, FL

Offense: Distribution of crack cocaine (2 counts); Southern District of Florida

Sentence: 360 months’ imprisonment; 5 years’ supervised release; $15,000 fine (January 23, 1998)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019 and unpaid balance of $15,000 fine remitted, conditioned upon enrollment in residential drug abuse treatment.

 

• Glenn Williams – Raleigh, NC

Offense: Conspiracy to possess with intent to distribute cocaine base (crack); Eastern District of North Carolina

Sentence: 480 months’ imprisonment; 10 years’ supervised release; $17,050 fine (March 18, 1996)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Harry David Williams – Oklahoma City, OK

Offense: Conspiracy to distribute methamphetamine; maintaining a residence to facilitate the distribution of methamphetamine, aiding and abetting; Western District of Oklahoma

Sentence: 360 months’ imprisonment; six years’ supervised release (November 1, 2000)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Maurice Victor Williams – Oxon Hill, MD
Offense: Conspiracy to distribute 50 grams or more of "crack" cocaine; Eastern District of Virginia
Sentence: 262 months' imprisonment; five years' supervised release (August 31, 2006)

Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment, conditioned upon enrollment in residential drug treatment.

 

• Robert Lee Williams, III – High Point, NC

Offense: Conspiracy to distribute cocaine hydrochloride; Middle District of North Carolina

Sentence: 240 months’ imprisonment; 10 years’ supervised release (November 12, 2008)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Marshall R. Wilson – Kansas City, KS

Offense: Possession with intent to distribute 50 grams or more of cocaine base; District of Kansas

Sentence: 180 months’ imprisonment; five years’ supervised release (December 20, 2010)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• William Wilson – Independence, LA
Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of cocaine base ("crack"); Eastern District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (February 15, 2007)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Gregory C. Womack – Oklahoma City, OK

Offense: Conspiracy to manufacture and distribute methamphetamine; manufacturing methamphetamine; manufacturing methamphetamine, aiding and abetting; maintaining a place for the purpose of manufacturing methamphetamine, aiding and abetting; Western District of Oklahoma

Sentence: 360 months’ imprisonment; five years’ supervised release (January 26, 1999)

Commutation Grant: Prison sentence commuted to expire on July 19, 2019, conditioned upon enrollment in residential drug treatment.

 

• Marshane Woods ─ Mebane, NC

Offense: Conspiracy to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing a detectable amount of cocaine hydrochloride and 50 grams or more of a mixture and substance containing cocaine base; Eastern District of Tennessee

Sentence: Life imprisonment; 10 years’ supervised release (February 23, 2005)

Commutation Grant: Prison sentence commuted to a term of 360 months.

 

• Ayande Yearwood – Baltimore, MD

Offense: Conspiracy to distribute cocaine base; District of Maryland

Sentence: 240 months’ imprisonment; 10 years’ supervised release; $17,500 fine (October 20, 2006)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019 and unpaid balance of $17,500 fine remitted when his sentence expires, conditioned upon enrollment in residential drug abuse treatment, unpaid remainder of fine remitted.

 

• Antonio Antwain Young – Maryville, TN
Offense: Possession of a firearm in furtherance of a drug trafficking crime; possession with intent to distribute 50 grams or more of cocaine base; Eastern District of Tennessee
Sentence: 180 months' imprisonment; five years' supervised release (May 29, 2007)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Calvin Tyrone Young – Winston-Salem, NC

Offense: Conspiracy: Distribute crack; Middle District of North Carolina

Sentence: 360 months’ imprisonment; five years’ supervised release (May 15, 1997)

Commutation Grant: Prison sentence commuted to expire on May 19, 2017.

 

• Connie Jermaine Young ─ Spartanburg, SC

Offense: Conspiracy to distribute and possession with the intent to distribute 5 kilograms or more of cocaine; Eastern District of Tennessee

Sentence: Life imprisonment (November 26, 2007)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in the residential drug treatment.

 

• Travis Demetrius Youngblood – Union Spring, AL

Offense: Conspiracy to distribute and to possess with intent to distribute cocaine base; Eastern District of Kentucky

Sentence: 240 months’ imprisonment; 10 years’ supervised release (March 12, 2008)

Commutation Grant: Prison sentence commuted to expire on January 19, 2019, conditioned upon enrollment in residential drug treatment.

The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with Magellan Pipeline Company, L.P., for alleged violations of the Clean Water Act related to gasoline, diesel and jet fuel spills in Texas City, Texas, Nemaha, Neb. and El Dorado, Kan. Magellan has agreed to complete approximately $16 million of injunctive relief across its 11,000-mile pipeline system and pay a $2 million civil penalty.

“This settlement holds Magellan accountable for multiple petroleum fuel pipeline spills that impacted waterways in three states,” said John C. Cruden, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “The terms of the agreement require Magellan to improve training of its staff and monitoring of its pipeline system’s integrity, and increase public transparency about leaks and responses.”

 “Fuel spills have real and lasting impacts on clean water for communities,” said Cynthia Giles, Assistant Administrator for EPA's Office of Enforcement and Compliance Assurance. “Companies need to take the necessary precautions to make sure fuel is transported safely and responsibly. This settlement puts in place important pipeline safety and spill prevention measures that make this industry safer for communities.”

According to a complaint and consent decree filed today in U.S. District Court for the Northern District of Oklahoma, Tulsa, Okla.-based Magellan is responsible for spilling a combined total of approximately 5,177 barrels of petroleum products in three separate incidents. The complaint alleges that Magellan was responsible for the following illegal discharges:

• On Feb. 24, 2011, a Magellan owned 18-inch refined petroleum products pipeline ruptured in an area north of Texas City, Texas, and spilled approximately 482 barrels of gasoline. The spill impacted a local watercourse known as Pierre Bayou. 
• On Dec. 10, 2011, two of Magellan’s refined petroleum products pipelines were struck by a third-party who was operating heavy machinery while attempting to clear a hedgerow in an agricultural field near the town of Nemaha, Neb. The strikes resulted in the spilling of approximately 650 barrels of diesel fuel from one line, and approximately 655 barrels of jet fuel and 1,529 barrels of gasoline from the other. The spills impacted a local watercourse know as Jarvis Creek. Cleanup efforts are still underway and will be completed as part of the proposed consent decree.
• On May 4, 2015, a Magellan owned 10-inch refined petroleum products pipeline ruptured near the City of El Dorado, Kan., and spilled approximately 1,861 barrels of diesel fuel. Diesel fuel form that spill impacted a local watercourse known as Constant Creek.

The consent decree requires Magellan to: (1) complete an ongoing spill cleanup effort in Nebraska; (2) institute an enhanced annual training program for its third-party damage prevention staff; (3) update and enhance company information resources concerning selective seam corrosion; (4) update its integrity management plan; and (5) create a publicly-accessible web page that will report information about certain types of pipeline releases and Magellan’s responses to them.

The requirement to create a publically-accessible web page directly supports EPA’s Next Generation Compliance efforts to expand transparency.

The consent decree is subject to a 30-day public comment period and approval by the federal court. Information on how to comment on the consent decree will be available on the Department of Justice’s website: www.justice.gov/enrd/consent-decrees.

To learn more about this settlement:

www.epa.gov/enforcement/magellan-pipeline-company-lp-clean-water-act-settlement

Las Vegas Sands Corp. (Sands), a Nevada-based gaming and resort company, agreed to pay a $6.96 million criminal penalty to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act (FCPA) in connection with business transactions in the People’s Republic of China (PRC) and Macao.

Acting Assistant Attorney General David Bitkower of the Justice Department’s Criminal Division and Special Agent in Charge Aaron C. Rouse of the FBI’s Las Vegas, Nevada, Field Office made the announcement.     

According to admissions by Sands made in connection with the resolution, certain Sands executives knowingly and willfully failed to implement a system of internal accounting controls to adequately ensure the legitimacy of payments to a business consultant who assisted Sands in promoting its brand in Macao and the PRC, and to prevent the false recording of those payments in its books and records.  Sands continued to make payments to the consultant despite warnings from its finance staff and an outside auditor that the business consultant had failed to account for portions of these funds.  In addition, Sands terminated the finance department employee who raised concerns about the payments.  

In total, from 2006 through 2009, Sands paid approximately $5.8 million to the business consultant without any discernable legitimate business purpose, it admitted.  

Sands entered into a non-prosecution agreement and has agreed to continue to cooperate with the department in any ongoing investigations and prosecutions relating to the conduct described in the agreement, including of individuals, to enhance its compliance program, and to report to the department on the implementation of its enhanced compliance program.

Pursuant to the non-prosecution agreement, Sands will pay a $6.96 million criminal penalty, which reflects a 25-percent reduction off the bottom of the applicable U.S. Sentencing Guidelines fine range.  The department reached this resolution based on a number of factors, including the nature and seriousness of the internal controls violations, and the fact that Sands fully cooperated in the investigation and fully remediated.  Sands’ cooperation included conducting a thorough internal investigation and voluntarily collecting, analyzing and organizing voluminous evidence and information for the government in response to requests, including translating key documents.  

Sands no longer employs or is affiliated with any of the individuals implicated in the conduct described in the agreement, and it engaged in extensive remedial measures, including revamping and expanding its compliance and audit functions and programs and making significant personnel changes, such as the retention of new leaders of its legal, compliance, internal audit and financial gatekeeper functions.    

In related proceedings, on April 7, 2016, the U.S. Securities and Exchange Commission (SEC) filed a cease and desist order against Sands, whereby Sands agreed to pay a civil penalty of approximately $9 million.  

The FBI’s Las Vegas field office investigated the case, and the case was prosecuted by Trial Attorney David M. Fuhr of the Criminal Division’s Fraud Section.  The department appreciates the cooperation and assistance provided by the SEC, the U.S. Attorney’s Office for the District of Nevada and the Criminal Division’s Office of International Affairs in this matter.  

The Fraud Section is responsible for investigating and prosecuting all FCPA matters.  Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

Las Vegas Sands NPA

Joaquin Archivaldo Guzman Loera, known by various aliases including “El Chapo,” has arrived in the United States to face criminal charges in connection with his leadership of the Mexican organized crime syndicate known as the Sinaloa Cartel.
            
Guzman Loera is charged in six separate indictments throughout the United States; however, the indictment filed in the Eastern District of New York contains a provision that he must first enter the United States in that district to preserve the Eastern District of New York indictment.  As such, Guzman Loera landed at Long Island MacArthur Airport in Islip, New York.  

The Justice Department extends its gratitude to the Government of Mexico for their extensive cooperation and assistance in securing the extradition of Guzman Loera to the United States.

Additional details regarding the time and place of Guzman Loera’s initial appearance in U.S. District Court are forthcoming.

Joaquin Archivaldo Guzman Loera, known by various aliases including “El Chapo,” has been extradited and is en route to the United States to face criminal charges in connection with his leadership of the Mexican organized crime syndicate known as the “Sinaloa Cartel.” 

Guzman Loera is charged in six separate indictments throughout the United States.  

The Justice Department extends its gratitude to the Government of Mexico for their extensive cooperation and assistance in securing the extradition of Guzman Loera to the United States.

Additional details regarding the time and place of Guzman Loera’s initial presentation in court are forthcoming.

Deputy Attorney General Sally Q. Yates released the following statement on the Clemency Initiative: 

“In late August, we made a promise: that the Department of Justice would review and make a recommendation to President Obama on every commutation petition from a drug offender then in our possession. I’m proud to say we kept that promise. The Office of the Pardon Attorney has now processed more than 16,000 petitions since the launch of the Clemency Initiative in April 2014, ensuring that President Obama had the information he needed to evaluate worthy cases up until the final week of his presidency. With 1,715 commutations in total, this undertaking was as enormous as it was unprecedented, and I am incredibly grateful to the teams of people who devoted their time and energy to the project since its inception. By restoring proportionality to unnecessarily long drug sentences, this Administration has made a lasting impact on our criminal justice system.”

The Department of Justice filed a proposed consent decree of permanent injunction in the U.S. District Court for the Central District of California against VivaCeuticals Inc., doing business as Regeneca Worldwide, and its CEO Matthew A. Nicosia, to prevent violations of the Federal Food, Drug and Cosmetic Act (FDCA). Defendants have agreed to cease all operations as part of a settlement with the Department.

 

According to a complaint filed by the Department of Justice’s Consumer Protection Branch in November 2015, the defendants violated the FDCA by failing to manufacture dietary supplements in accordance with the FDA’s current good manufacturing practice (CGMP) regulations. The complaint also alleged that the defendants violated the FDCA by manufacturing and distributing a product called RegeneSlim Appetite Control (RegeneSlim), which contained the unsafe food additive 1, 3 dimethylamylamine (DMAA), and failing to disclose the presence of DMAA in RegeneSlim’s labeling. The complaint further alleged that the defendants violated the FDCA by marketing RegeneSlim to be used in the cure, mitigation, treatment or prevention of disease, thereby causing RegeneSlim to be an unapproved new drug and a misbranded drug.

 

The government’s enforcement action resulted from a series of U.S. Food and Drug Administration (FDA) inspections of the defendants’ manufacturing facility that found recurring FDCA violations of the same nature as those alleged in the complaint, and which the defendants failed to correct despite FDA warnings.

 

“When dietary supplement manufacturers place unsafe and undisclosed ingredients in their products and disregard CGMP regulations, they put the public health at risk,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work closely with the FDA to prevent dietary supplement manufacturers from jeopardizing public health.”

 

The defendants agreed to settle the litigation through a consent decree that would permanently prohibit them from committing violations of the FDCA. The consent decree requires the defendants to cease all operations, and requires that if the defendants wish to resume manufacturing dietary supplements or drugs in the future, the FDA first must determine that the defendants’ manufacturing practices have come into compliance with the law. The proposed decree is currently awaiting judicial approval.

 

This matter was handled by Trial Attorneys Clint Narver and Monica Groat of the Civil Division’s Consumer Protection Branch, with assistance from Claudia Zuckerman of the FDA’s Office of the Chief Counsel.

 

For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.

 

 

Principal Deputy Associate Attorney General and former Assistant Attorney General for Antitrust Bill Baer will depart the Justice Department at the conclusion of the Obama Administration on January 20.

“For the last four years, Bill Baer has led the Office of the Associate Attorney General and the Antitrust Division with exceptional talent and energy,” said Attorney General Loretta E. Lynch.  “Under his leadership, the department secured major litigation victories and settlements that have yielded real benefit to American consumers.  Bill deftly executed enforcement actions to address a wide range of misconduct, from fraud in the issuance of residential mortgage-backed securities, to international price-fixing cartels, to anticompetitive merger agreements.  And he has shown a special devotion to our veterans through his many contributions to the department’s efforts to uphold the rights and well-being of servicemembers and their families.  Throughout his tenure at the Justice Department, Bill has demonstrated an unwavering commitment to our mission, and I want to thank him for his extraordinary service, his outstanding leadership, and his friendship.”

“Serving with the dedicated men and women of the Justice Department has been the privilege of a lifetime,” said Principal Deputy Associate Attorney General Baer.  “I am proud to have contributed to the Department’s record of accomplishment over the past four years.  I will forever be grateful to the President and Attorneys General Lynch and Holder for the opportunity to serve the American people and further the cause of justice.”

Under Baer’s leadership, the Department in just the last week secured record settlements totaling $13.3 billion from Deutsche Bank, Credit Suisse, and Moody’s for misconduct in connection with residential mortgage-backed securities (RMBS).  The Department also sued Barclays and two of its former executives for their alleged RMBS misconduct.  Baer also issued a policy memorandum detailing the minimum requirements a corporation must meet to earn credit for cooperating in the resolution of civil matters.

Baer tirelessly advocated for those who serve our country in uniform, leading the Department’s Servicemembers and Veterans Initiative.  The Initiative enforces laws that protect employment, voting, and financial rights of servicemembers, veterans, and their families.  Baer’s stewardship as Chair of the Initiative’s coordinating committee ensured that the Initiative has a permanent home within the Office of the Associate Attorney General and remains connected to each litigating component and U.S. Attorney’s Office.

Baer’s 40 months as head of the Antitrust Division produced unprecedented results.  Since early 2013 the Division has filed criminal charges against 77 corporations, convicted 67, and obtained a record $6.3 billion in criminal fines and penalties.  It jailed 84 individuals with an average term of 17 months and secured the first-ever extradition for an antitrust offense.  As a result of a joint investigation with the Criminal Division, four banks pleaded guilty to conspiring to manipulate the price of U.S. dollars and euros exchanged in the foreign currency exchange spot market, and a fifth bank saw its deferred prosecution agreement revoked for its role in the conspiracy.  The five – Citicorp, JPMorgan Chase & Co., Barclays PLC, UBS AG and The Royal Bank of Scotland plc – agreed to pay criminal fines totaling more than $2.7 billion.  Thus far, two individuals have pleaded guilty and three more have been charged for their participation in foreign currency manipulation. 

Robust civil antitrust enforcement was another hallmark of Baer’s tenure at the Department.  The Division successfully challenged or secured abandonment of 25 anticompetitive transactions, including Halliburton/Baker Hughes, the proposed combination of two of the three largest globally-integrated oilfield services providers.  The Division successfully challenged at trial and unwound Bazaarvoice’s acquisition of its primary competitor in the market for ratings and reviews platforms, PowerReviews.  The Division is currently awaiting rulings following bench trials challenging Anthem’s acquisition of Cigna and Aetna’s purchase of Humana.  The Division also preserved competition through divestitures in many markets.  After DOJ sued, Anheuser-Busch InBev agreed to divest Grupo Modelo’s entire U.S. business to an independent competitor.  The Division’s challenge to the US Airways and American Airlines merger resulted in a settlement opening up landing slots and making critical gates available in our nation’s most constrained airports – relief that produced enduring procompetitive, output enhancing effects.  A later case blocked United Airlines from monopolizing take-off and landing slots at Newark.

Some 35 civil conduct cases produced meaningful outcomes for competition and consumers. The Division’s court victory against Apple restored competitive conditions for e-book sales and prevented the company and its senior executives from conspiring to thwart competition in the future.  EBay was barred from entering into anticompetitive agreements with other high tech firms not to hire or solicit each other’s employees.  Disgorgement of ill-gotten corporate gains was another priority.  The Division’s action against Twin America yielded $7.5 million in disgorgement, and Flakeboard America Ltd was compelled to disgorge $1.15 million of unlawful profits.

Working together with federal and state colleagues and with competition enforcers around the globe, the Antitrust Division successfully urged that competition principles guide policymakers in sectors ranging from transportation and energy to intellectual property and the internet.

Baer was confirmed by the U.S. Senate as Assistant Attorney General for the Antitrust Division on December 30, 2012.  He was the longest-serving Assistant Attorney General of the Antitrust Division in modern times.

Prior to joining the Justice Department, Baer was Partner and Head of the Antitrust Practice Group in the law firm of Arnold & Porter LLP.  He earlier served as Director of the Bureau of Competition at the Federal Trade Commission.  He is a graduate of Lawrence University and Stanford Law School.

Three Orange County, California residents pleaded guilty today to willfully failing to report their foreign bank accounts in Switzerland and Israel, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.

 

Dan Farhad Kalili, 55, a resident of Irvine, California, together with his brother, David Ramin Kalili, 52, and his brother-in-law, David Shahrokh Azarian, 67, residents of Newport Coast, California, admitted that they willfully failed to file Reports of Foreign Bank and Financial Accounts (FBARs) with the Internal Revenue Service (IRS) regarding secret bank accounts in Switzerland and in Israel that each respectively maintained and controlled, many for well over a decade. These secret accounts held assets that reached into the millions of dollars.

 

“The days of being able to safely hide income and assets offshore and evade U.S. tax have come to an end,” said Principal Deputy Assistant Attorney General Ciraolo. “The United States and foreign jurisdictions are sharing information and working together to ensure that citizens around the world are paying their fair share. The guilty pleas entered today are yet another example of what awaits U.S. taxpayers who continue to flout the law.”

 

“David and Dan Kalili and David Azarian disregarded their legal responsibility to file the required report of foreign bank accounts and report all their income and interest,” said Chief Richard Weber of IRS Criminal Investigation. “Regardless of where the money is hidden around the world, IRS-CI will follow the sophisticated financial transactions and ensure everyone is held accountable for the taxes they are required to pay.”

 

According to the documents filed with the court, and statements made in connection with the defendants’ guilty pleas:

 

Beginning in May 1996, and continuing through at least 2009, Dan Kalili opened and maintained several undeclared offshore bank accounts at Credit Suisse Group (Credit Suisse) in Switzerland. He also opened and maintained several undeclared offshore bank accounts from at least 1998 through 2008 at UBS AG (UBS) in Switzerland. Similarly, David Kalili opened and maintained several undeclared accounts at Credit Suisse in Switzerland, from February 1999 through at least 2009, and at UBS in Switzerland, from October 1993 through at least 2008. Dan and David Kalili also maintained joint undeclared Swiss bank accounts at both UBS and Credit Suisse beginning in 2003 and 2004, respectively. Meanwhile, Azarian opened and maintained several of his own undeclared accounts at Credit Suisse in Switzerland from May 1994 through at least 2009, and at UBS in Switzerland from April 1997 through at least 2008.

 

In July 2006, Dan Kalili, with the assistance of Beda Singenberger (Singenberger), a Swiss citizen who owned and operated a financial advisory firm called Sinco Truehand AG, opened an undeclared account at UBS in the name of the Colsa Foundation, an entity established under the laws of Liechtenstein. Singenberger was indicted in the Southern District of New York on July 21, 2011, for conspiring to defraud the United States, evade U.S. income taxes, and file false U.S. tax returns. Singenberger remains a fugitive. As of May 2008, the Colsa Foundation account at UBS held approximately $4,927,500 in assets.

 

Each of the defendants took affirmative steps to prevent their assets in UBS and Credit Suisse from being discovered. Dan Kalili opened an undeclared account at Swiss Bank A in the name of the Colsa Foundation and in May 2008, transferred his assets from the UBS Colsa Foundation account to Swiss Bank A. He later made partial disclosure of the Swiss Bank A Colsa account on his individual income tax returns. In 2009, Dan Kalili opened undeclared accounts at Israeli Bank A and at Bank Leumi, both in Israel. In June 2009, he closed the joint undeclared account at Credit Suisse he held with David Kalili, as well as his own undeclared account, and transferred the funds. Shortly before its closure, the undeclared joint account of Dan and David Kalili at Credit Suisse held approximately $2,561,508 in assets. As of December 2009, Dan Kalili’s undeclared account at Israeli Bank A held assets valued at approximately $1,569,973, and his undeclared account at Bank Leumi held assets valued at approximately $2,497,931.

 

Similarly, in August 2008, David Kalili opened an undeclared account at Israeli Bank A in Israel, into which he transferred funds from his UBS accounts. He later partially declared the Israeli Bank A account on his individual income tax returns. As of August 2009, David Kalili’s undeclared account at Israeli Bank A held assets valued at approximately $1,369,489.

 

In August 2008, Azarian, also opened an undeclared account at Israeli Bank A in Israel, and in May 2009, he closed his undeclared account held at Credit Suisse and transferred the funds to Israeli Bank A. Azarian later partially declared this Israeli Bank A account on his individual income tax returns. At the time of its closure, Azarian’s undeclared account at Credit Suisse held assets valued at approximately $1,903,214.

 

For each year from 2006 through 2009, Dan Kalili, David Kalili, and Azarian, as U.S. citizens, were required, but willfully failed, to report their ownership and control over foreign bank accounts through the timely filing of FBARs with the IRS disclosing their signatory or other authority over the various undeclared accounts held at UBS, Credit Suisse, Israeli Bank A, and Bank Leumi, each having an aggregate value of more than $10,000 during each of these years.

 

U.S. District Judge Andrew J. Guilford of the Central District of California scheduled sentencing for April 24. Dan Kalili, David Kalili, and Azarian each face a statutory maximum sentence of five years in prison, a period of supervised release, restitution and monetary penalties. In addition, each defendant agreed to pay a civil penalty for willfully failing to file FBARs. Dan Kalili agreed to pay a civil penalty of $2,674,329, David Kalili agreed to pay a civil penalty of $1,325,121 and Azarian agreed to pay a civil penalty of $951,607.

 

Principal Deputy Assistant Attorney General Ciraolo commended special agents of IRS-CI, who conducted the investigation, and Assistant Chief Jorge Almonte and Trial Attorney Jason M. Scheff of the Tax Division, who are prosecuting the case. Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Central District of California for its substantial assistance.

 

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

 

Duke to Pay $600,000 for Prematurely Taking Control of the Osprey Energy Center 

The Department of Justice announced today a settlement with Duke Energy Corporation (Duke) for violating the reporting and waiting period requirements of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act).  The settlement requires Duke to pay $600,000 in civil penalties to resolve the department’s charges that, after agreeing to purchase the Osprey Energy Center (Osprey) from Calpine Corporation, Duke took control of Osprey’s business before filing required HSR Act notifications and waiting for the expiration of the mandatory waiting period for antitrust review.

The Justice Department’s Antitrust Division today filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia, along with a proposed settlement that, if approved by the court, would resolve the lawsuit.

“Parties cannot obtain control of the companies they are acquiring until the end of the premerger waiting period,” said Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division. “The Antitrust Division remains vigilant against such ‘gun-jumping’ and takes action when parties to a reportable transaction stop competing independently before the review period has ended.”

The HSR Act requires companies planning transactions that meet certain thresholds to file premerger notification documents with the department and the Federal Trade Commission (FTC) and to observe a mandatory waiting period.  During the waiting period, acquirers are prohibited from obtaining “beneficial ownership” of the assets they seek to acquire.  A party may prematurely obtain beneficial ownership of a business by, among other things, assuming the risk or potential benefit of changes in the value of the business or exercising control over day-to-day business decisions before the end of the HSR waiting period.  This conduct is sometimes referred to as “gun jumping.” HSR Act violators are subject to civil penalties.  

The complaint alleges that at the same time that Duke agreed to purchase Osprey, Duke entered into a so-called “tolling agreement” that immediately gave Duke control over Osprey’s output and gave Duke the right to receive the day-to-day profits and losses from Osprey’s business.  As a result, from the moment the tolling agreement went into effect, Osprey ceased to be an independent competitor.  This occurred before Duke made its required HSR Act notifications and before it had observed the required waiting period.

Duke generates and sells electric power on a retail and/or wholesale basis in numerous local markets throughout the United States.  Duke is headquartered in Charlotte, North Carolina.  One of Duke’s wholly owned subsidiaries, Duke Energy Florida Inc., sells wholesale and retail power in various areas of Florida.  The Osprey Energy Center is a combined-cycle natural gas-fired electrical generating facility located in Auburndale, Florida.  Before Osprey was acquired by Duke, Osprey was owned and operated by Calpine Corporation.

Duke Complaint

Duke CIS

Duke Explanation

Duke PFJ

Duke Stipulation

The Department of Justice announced today that 24 pallets of timber seized by the U.S. Department of Homeland Security, Homeland Security Investigations (HSI) on December 20, 2015, at the Port of Houston, Texas for violation of the Lacey Act and customs law were destroyed in accordance with a settlement agreement reached by the United States and the importer of the timber, Oregon-based Popp Forest Products Inc. The agreement ensures that timber that the U.S. government maintains was harvested in violation of Peruvian law will not enter the U.S. stream of commerce.

The Lacey Act, which is the oldest wildlife protection law in the United States, prohibits importing, exporting, transporting, or receiving timber harvested in violation of foreign laws that regulate the harvesting of such timber. This is the first time the United States has taken such action under the Lacey Act, which was amended in 2008 to include timber products.

“We all have a stake in the sustainability of the world’s forests, which provide habitat for endangered wildlife, and mitigate global warming by drawing carbon from the atmosphere, among many other benefits,” said John C. Cruden, Assistant Attorney General for the Environment and Natural Resources Division. “The interdependence of the world’s ecosystems and natural resources is the foundation of the Lacey Act, the nation’s oldest environmental law. The law also provides us the tools to prevent illegally harvested timber from entering the U.S. marketplace and undercutting lawfully obtained products.”

“We are pleased to have reached a settlement in this case,” said Mark Dawson, Special Agent in Charge of HSI in Houston. “HSI will continue to work with our foreign and domestic partners to ensure imports to the U.S. are conducted in accordance with U.S. laws and regulations.”

The agreement reached between the United States and Popp Forest Products resolves allegations that the timber was harvested in Peru without proper authorization as required under Peruvian law or outside an approved zone. These allegations were based on a report HSI received from the Peruvian government under a Customs Mutual Assistance Agreement, providing the results of an inspection carried out in the areas in which the timber was allegedly harvested. According to the report, the timber could not be the species authorized for harvest. This finding was corroborated in testing by the U.S. Forest Service’s Forest Products Laboratory, which concluded that samples taken from the shipment were not the species authorized for harvest.

As part of the agreement, Popp Forest Products agreed to bear all costs associated with the transportation, destruction, and disposal of the seized timber. The United States agreed to waive further civil enforcement action, administrative fines or civil penalties for the alleged violations of the Lacey Act.  This civil agreement does not bind any criminal prosecuting authority, whether federal, state, or local.

The settlement is the result of a coordinated effort by the Environment and Natural Resource Division’s Wildlife and Marine Resources Section, HSI, Immigration and Customs Enforcement, and Customs and Border Protection.

INTERPOL Washington—the U.S. National Central Bureau (USNCB)--investigative work played a key role in locating one of Canada’s ten most wanted persons. On December 16, 2016 a Canadian jury convicted John Boulachanis, 42, of first degree murder.  In 1997, Boulachanis murdered Robert Tanguay, 32, in Riguad, Quebec, Canada, and then lived as an international fugitive under various aliases in Canada and the United States for over a decade.  During this time he was sought by Canadian authorities and was the subject of an INTERPOL Red Notice. Boulachanis remained out of sight for years until Canada’s INTERPOL National Central Bureau (NCB) in Ottawa asked INTERPOL Washington to assist in the cold fugitive case because of new leads developed in Quebec.

 To break this case, investigators in Canada and the United States shared and disseminated lead information between the two INTERPOL NCBs, and used all resources available to Canadian and U.S. investigators in a concerted effort to locate and apprehend Boulachanis. For the United States, INTERPOL Washington served as a centralized information repository in the effort to assist Canadian law enforcement with the location and capture of the fugitive in June 2011. INTERPOL Washington reviewed historical records and conducted analysis related to the fugitive and his aliases and collected information from U.S. law enforcement agencies which assisted in Boulachanis’ apprehension in Canada. The apprehension of Boulachanis was the result of outstanding cooperation and collaboration by INTERPOL Washington; the U.S. Marshals Service; the Pinellas County Sheriff’s Office (Florida); the Franklin County Sheriff’s Office (Virginia); Surete du Quebec – Canada, Major Crimes Unit; and INTERPOL Ottawa.

A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.

The Department of Justice’s Environment and Natural Resources Division and the National Association of Attorneys General announced the availability today of Guidelines for Joint State/Federal Civil Environmental Enforcement Litigation. A workgroup of litigators from the Environment and Natural Resources Division, the NAAG’s National Attorneys General Research and Training Institute, and state attorney general offices developed these guidelines as a revision to a document originally issued in 2003.

The Guidelines provide a general framework for cooperation between sovereigns in joint civil environmental enforcement litigation and derive from lessons learned in such cases over many years. They include both organizational and substantive suggestions on common topics that arise in joint civil enforcement matters, including case management and settlement issues, pre-filing considerations, and information sharing. They also include several appendices with sample documents and reference information.

“Cooperative federalism is fundamental to the structure and effectiveness of our Nation’s environmental laws, and the Environment and Natural Resources Division vigorously pursues opportunities to partner with our state and local counterparts in environmental enforcement,” said Assistant Attorney General John C. Cruden. “In doing so, we combine sovereigns, reduce costs, and obtain more comprehensive results for the American people. These Guidelines draw on the expertise of a variety of litigators and will be a valuable resource to environmental enforcement colleagues at all levels of government. I am grateful to the National Association of Attorneys General for partnering with the Division on this project.”

“The National Attorneys General Training and Research Institute appreciated the opportunity to work with U.S. Department of Justice’s Environment and Natural Resource Division staff in this collaborative effort to provide information that it anticipates will be helpful to our members,” said Chris Toth, Deputy Executive Director of the National Association of Attorneys General and Director of the National Attorneys General Training and Research Institute (NAGTRI). “Most importantly, NAGTRI would like to offer an extended thank you to attorneys from the New York and Michigan Offices of the Attorney General who worked diligently on this endeavor.”

You can access the Guidelines on the ENRD website.

Two members of the Cowboys street gang have pleaded guilty to racketeering conspiracy and attempted murder in aid of racketeering for their roles in gang-related shootings in South Carolina.

Acting Assistant Attorney General David Bitkower of the Justice Department’s Criminal Division; Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina, Field Division; Special Agent in Charge Nick S. Annan of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Atlanta Field Office; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland, of the Colleton County, South Carolina, Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina, Police Department; Sheriff Al Cannon of the Charleston County, South Carolina, Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina, Sheriff’s Office; Captain Jon Rogers of the Summerville, South Carolina, Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division made the announcement.

Christopher Sean Brown, aka Rougish, 23, of Walterboro, pleaded guilty today to attempted murder in aid of racketeering activity. Matthew Rashaun Jones, aka Boogie Mac, 23, also of Walterboro, pleaded guilty today to racketeering conspiracy. Both defendants admitted their involvement and membership in the Cowboys street gang.

According to admissions made in connection with the plea agreements, the Cowboys is a violent criminal street gang operating in South Carolina since at least 2009, with members who resided in an area known as the “Eastside” of Walterboro. Members of the Cowboys show their allegiance by wearing red, white and blue clothing and carrying rags in these colors, including depictions of the American flag. Further, members of the Cowboys greet each other and show their membership in the gang using a set of hand-signs intended to evoke the shape of a “b.” This hand sign also shows an affiliation with the “Bloods” gang. Members of the Cowboys also show allegiance to the gang by having the words “Cowboy(s)” or “GMC” tattooed to some part of their body.

As part of their plea agreements, Brown and Jones admitted that during the time of the conspiracy, they and other members of the Cowboys were involved in robberies, attempted murder and narcotics trafficking. On or about May 30, 2013, Brown and Jones participated in a drive-by shooting. Specifically, Brown and Jones, both passengers in the vehicle, admitted that they fired multiple shots at a residence where suspected members of the Dooley Hill gang – a rival of the Cowboys – were believed to reside.

As part of his plea agreement, Jones admitted that on or about May 12, 2011, he shot at a person whom he believed was an associate of a rival gang, which had an ongoing dispute with the Cowboys. This shooting led to a retaliatory shooting on May 14, 2011, during which an innocent bystander was shot and injured.

Brown, Jones and seven other members and associates of the Cowboys gang were charged in a Feb. 9, 2016, indictment with racketeering conspiracy and related offenses including attempted murder in aid of racketeering and firearms offenses. An indictment is not evidence of guilt. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

ATF, HSI, the Colleton County Sheriff’s Office, the Walterboro Police Department, Charleston County Sheriff’s Office, the Dorchester County Sheriff’s Office, the Summerville Police Department and the First Circuit Solicitor’s Office are investigating the cases. The Criminal Division’s Organized Crime and Gang Section is prosecuting indictments against the Cowboys gang in partnership with the 14th Circuit Solicitor’s Office.

The Department of Justice’s Environment and Natural Resources Division and the U.S. Environmental Protection Agency announced a major settlement today that requires NCR Corporation to complete one of the nation’s largest Superfund cleanup projects at Wisconsin’s Lower Fox River and Green Bay Site. An enormous amount of cleanup and natural resource restoration work has already been done in the area under a set of partial settlements, an EPA administrative cleanup order, and court orders in a federal lawsuit brought by the United States and the State of Wisconsin. The final phase of cleanup taken on by NCR will cost up to $200 million or more over the next few years. The total cleanup costs for the Fox River Site will exceed $1 billion. The cleanup work will reduce the risks to humans and wildlife posed by polychlorinated biphenyls (PCBs) in bottom sediment of the Fox River and Green Bay.

 

“After years of hard fought litigation, this settlement requires NCR to take full responsibility for completing this important cleanup effort,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division. “Lawsuits and settlements like this vindicate the principle that polluters should pay the cost of Superfund cleanups, rather than the taxpayers. And, we are pleased that our co-plaintiff, the state of Wisconsin, is also a key part of this settlement.”

 

“Fox River is a treasure – and it’s been polluted for too long. People should be able to swim, boat, and eat fish from all parts of the river,” said Acting EPA Region 5 Administrator Robert A. Kaplan. “This cleanup will ensure that PCB levels continue to reduce downstream as they have upstream.”

 

The cleanup remedy for the Fox River Site was jointly-selected by EPA and the Wisconsin Department of Natural Resources. The remedy will remove much of the PCB-containing sediment from the Fox River by dredging. In other portions of the River, contaminated sediment is being contained in place with specially-engineered caps. The dredging and capping will reduce PCB exposure and greatly diminish downstream migration of PCBs to Green Bay. The sediment cleanup began in the uppermost segment of the River in 2004. Under this settlement, NCR has committed to complete the final phase of remediation by the end of 2018.

 

In 2010, the United States and Wisconsin sued NCR and other parties in a Superfund lawsuit to require them to continue the ongoing cleanup at the Site. The defendants in the government’s lawsuit included paper companies that contaminated the sediment when they made and recycled a particular type of PCB-containing “carbonless” copy paper. NCR and its affiliates produced that paper with PCBs from the mid-1950s until 1971.

 

This settlement requires NCR to take on sole responsibility for completing all remaining sediment cleanup work at the Site. NCR has done much of the dredging and capping under protest during the last several years, with some funding and assistance from two other defendants, Georgia-Pacific Consumer Products LP and P.H. Glatfelter Company. Once NCR finishes its work, Georgia-Pacific and Glatfelter will have primary responsibility for long-term monitoring and cap maintenance activities under prior court orders from the litigation. The settlement with NCR also resolves the government’s potential claims against Appvion, Inc., which purchased NCR’s paper manufacturing facilities in the Fox River Valley in the late 1970s. Appvion will not be involved in the remaining cleanup work at the Site.

 

The United States and Wisconsin reached prior settlements with most of the other parties that contributed to the PCB contamination at the Site. The prior settlements included $105 million for natural resource damage assessment activities and natural resource restoration projects selected jointly by federal, state, and tribal government trustees.

 

The proposed settlement is in the form of a consent decree that must be approved by the federal judge overseeing the legal proceedings over the Fox River Site. If approved, this settlement would end the government’s litigation with NCR and Appvion. The United States and Wisconsin would continue pursuing unresolved claims against Glatfelter for reimbursement of government costs of planning and overseeing the cleanup. Unlike Glatfelter, Georgia-Pacific previously settled with the governments and paid a share of the government’s unreimbursed costs.

 

The government’s settlement with NCR and Appvion also would narrow the legal claims in a separate federal lawsuit that NCR and Appvion filed against other parties for an overall allocation of the costs associated with the Fox River Site. The claims against most of the original defendants in that case have been settled, but NCR and Appvion are still litigating with Georgia-Pacific and Glatfelter. Under their proposed settlement with the government, NCR and Appvion have agreed to give up most of their claims against Georgia-Pacific and Glatfelter, and NCR and Appvion would be protected against most of the counterclaims filed against them by Georgia-Pacific and Glatfelter.

 

Today’s settlement, lodged with the U.S. District Court for the Eastern District of Wisconsin, will be subject to a 30-day public comment period after notice of the settlement is published in the Federal Register. To view the consent decree or to submit a comment, visit the department’s website: www.justice.gov/enrd/Consent_Decrees.html.

 

For more information on cleanup activities at the Lower Fox River and Green Bay Superfund Site, go to the Environmental Protection Agency’s website: https://www3.epa.gov/region5/cleanup/foxriver/

 

The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in U.S. District Court in Washington, D.C., against Mitchell Rales for violating the premerger notification and waiting period requirements of the Hart-Scott-Rodino (HSR) Act of 1976 when he acquired voting securities of Colfax Corporation in 2011, and of Danaher Corporation in 2008.  At the same time, the department filed a proposed settlement, subject to approval by the court, under which Rales has agreed to pay a $720,000 civil penalty to resolve the lawsuit.

The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo premerger antitrust review.  Federal courts can assess civil penalties for premerger notification violations under the HSR Act in lawsuits brought by the department.  The maximum civil penalty for an HSR violation increased from $16,000 per day to $40,000 per day effective Aug. 1, 2016.

Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.

Consistent with the requirements of the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register.  Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Daniel P. Ducore, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580.  At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.

Rales Complaint

Rales CIS

Rales Explanation

Rales Final Judgment

Rales Stipulation

The United States and the Navajo Nation have entered into a settlement agreement with two affiliated subsidiaries of Freeport-McMoRan, Inc, for the cleanup of 94 abandoned uranium mines on the Navajo Nation. Under the settlement, valued at over $600 million, Cyprus Amax Minerals Company and Western Nuclear, Inc., will perform the work and the United States will contribute approximately half of the costs. The settlement terms are outlined in a proposed consent decree filed today in federal court in Phoenix, Arizona. With this settlement, funds are now committed to begin the cleanup process at over 200 abandoned uranium mines on the Navajo Nation.

The work to be conducted is subject to oversight of the U.S. Environmental Protection Agency (EPA), in collaboration with the Navajo Nation Environmental Protection Agency.

“This remarkable settlement will result in significant environmental restoration on Navajo lands and will help build a healthier future for the Navajo people,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “We appreciate the extraordinary commitment by Freeport’s affiliated subsidiaries to clean up 94 mines, and to achieve this settlement without litigation. The Justice Department is always ready to work cooperatively with the Navajo Nation and responsible private parties to address the legacy of uranium mining on Navajo lands.”

“This historic settlement will clean up almost twenty percent of the abandoned mines on the Navajo Nation,” said Acting Regional Administrator, Alexis Strauss for the EPA Pacific Southwest. “Cleaning up the uranium contamination continues to be a top environmental priority for our Regional office.”

The Navajo Nation encompasses more than 27,000 square miles within Utah, New Mexico and Arizona in the Four Corners area. The unique geology of the region makes the Navajo Nation rich in uranium, a radioactive ore in high demand after the development of atomic power and weapons at the close of World War II. Many private entities, including Cyprus Amax (a successor-in-interest to Vanadium Corporation of America and Climax Uranium Company) and Western Nuclear, mined approximately thirty million tons of uranium ore on or near the Navajo Nation between 1944 and 1986. The federal government, through the Atomic Energy Commission (AEC), was the sole purchaser of uranium until 1966, when commercial sales of uranium began. The AEC continued to purchase ore until 1970. The last uranium mine on the Navajo Nation shut down in 1986.

Many Navajo people worked in and near the mines, often living and raising families in close proximity to the mines and mills where ore was processed. Since 2008, federal agencies—including EPA, the Department of Energy, the Bureau of Indian Affairs, the Department of the Interior, the Nuclear Regulatory Commission and the Indian Health Service—have collaborated to address uranium contamination on the Navajo Nation. The federal government has invested more than $130 million to address the legacy of abandoned uranium mines on Navajo lands. EPA has also compiled a list of 46 “priority mines” for cleanup and performed stabilization or cleanup work at 9 of those mines. Further, EPA’s cleanup efforts have generated over 100 jobs for Navajo citizens and work for several Navajo owned businesses. The settlement announced today includes 10 priority mines and is expected to create many jobs for Navajo workers.

This settlement agreement resolves the claims of the United States on behalf of EPA against Cyprus Amax and Western Nuclear; of the Navajo Nation against the United States, and against Cyprus Amax and Western Nuclear; and of Cyprus Amax and Western Nuclear against the United States. Cyprus Amax and Western Nuclear agree to perform removal site evaluations, engineering evaluations and cost analyses, and cleanups at the 94 mines. In return for that commitment, the United States, on behalf of the Department of the Interior and the Department of Energy, agrees to place $335 million into a trust account to help fund the cleanup.

In April 2014, the Justice Department and EPA announced in a separate matter that approximately $985 million of a multi-billion dollar settlement of litigation against subsidiaries of Anadarko Petroleum Corp. will be paid to EPA to fund the clean-up of approximately 50 abandoned uranium mines in and around the Navajo Nation, where radioactive waste remains from Kerr-McGee mining operations. EPA commenced field work with the proceeds from this settlement last year. In addition, the United States previously entered into two settlement agreements with the Navajo Nation to fund cleanups at 16 priority mines and investigations at an additional 30 mines for which no viable responsible private party has been identified.

The proposed consent decree, lodged in the U.S. District Court for the District of Arizona, is subject to a 30-day public comment period and approval by the federal court. Information about submitting a public comment is available at: www.justice.gov/enrd/consent-decrees

The Justice Department reached a settlement today to resolve the department’s claims that J.E.T. Holding Co. Inc. discriminated against U.S. citizens and certain work-authorized immigrants in violation of the Immigration and Nationality Act (INA).  J.E.T. is a company based in Saipan, Commonwealth of the Northern Mariana Islands (CNMI), that operates a restaurant, bowling alley and an amusement center.  

The department’s investigation found evidence that between approximately January 2016 and June 2016, J.E.T. engaged in a pattern or practice of refusing to hire U.S. citizens and other work-authorized individuals, including lawful permanent residents, for several dishwasher positions.  The department concluded that J.E.T. failed to consider qualified U.S. citizen applicants and others based on their citizenship or immigration status because of a preference for hiring non-immigrant foreign workers with CW-1 visas.  The CW-1 visa grants temporary work authorization to its beneficiaries and is only available in the CNMI.  CNMI employers may apply to the CNMI Department of Labor for permission to hire workers under the CW-1 visa program after advertising vacant positions and certifying that no qualified local workers are available for hire.  

Under the terms of the settlement, J.E.T. will pay a civil penalty of $12,000, establish a back pay fund of $40,000 to compensate qualified claimants for any lost wages through a claims process, train its workers on the anti-discrimination provision of the INA and be subject to department monitoring.

“This settlement reflects the Justice Department’s firm commitment to ensuring that we protect the rights of workers in all U.S. jurisdictions,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “We commend J.E.T. for its cooperation in achieving this settlement and for taking steps to ensure that workers don’t face discriminatory barriers in the hiring process. ”
                                                                                                                                             
“The U.S. Attorney’s Office is committed to protecting the civil rights of all workers and ensuring that employers are not discriminating against individuals based on their citizenship or national origin or immigration status, in violation of the anti-discrimination provision of the INA,” said U.S. Attorney Alicia A.G. Limtiaco of the Districts of Guam and the Northern Mariana Islands.  “We all have the right to be treated equally and fairly.” 

The U.S. Attorney’s Office in the CNMI coordinated with the Justice Department’s Civil Rights Division in its investigative efforts, and will provide assistance during the back pay claims process.    

Potential back pay claimants include those who applied for a dishwasher position with J.E.T. between Dec. 13, 2015, and May 14, 2016.  Individuals who believe they are potential claimants should contact joann.sazama@usdoj.gov or 202-307-3092, or Jessica.f.cruz@usdoj.gov or 671-479-4139.

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA.  The law prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation and intimidation.

To learn more about the protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php; email osccrt@usdoj.gov; or visit OSC’s website at www.justice.gov/crt/about/osc.

Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.

JET Settlement Agreement

The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in U.S. District Court in Washington, D.C., against Ahmet Okumus for violating the premerger notification and waiting period requirements of the Hart-Scott-Rodino (HSR) Act of 1976 when he acquired voting securities of Web.com Group, Inc. in 2016.  At the same time, the department filed a proposed settlement, subject to approval by the court, under which Okumus has agreed to pay a $180,000 civil penalty to resolve the lawsuit.

The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo premerger antitrust review.  Federal courts can assess civil penalties for premerger notification violations under the HSR Act in lawsuits brought by the department.  The maximum civil penalty for an HSR violation increased from $16,000 per day to $40,000 per day effective Aug. 1, 2016.

Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.

Consistent with the requirements of the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register.  Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Daniel P. Ducore, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, D.C. 20580.  At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.

Okumus Complaint

Okumus CIS

Okumus Explanation

Okumus Final Judgment

Okumus Stipulation

The Department of Justice and the U.S. Environmental Protection Agency announced today a settlement with the Potomac Electric Power Company (Pepco) for alleged violations of Pepco’s Clean Water Act permit at its service center located  in Anacostia.  Under the settlement, Pepco will implement a number of measures to reduce metals in stormwater entering into its drainage system and will install an in-pipe treatment system to further treat the stormwater, which discharges into the Anacostia River.  Pepco also will pay a civil penalty of $1.6 million.  Pepco also agreed to perform a mitigation project to eliminate stormwater discharges from another outfall at the facility, and will pay an additional stipulated penalty of $500,000 if it fails to put the project into operation. 

The United States filed its complaint in October, 2015, in the US District Court for the District of Columbia and alleged violations of limits in the EPA Clean Water Act Permit for metals, including copper, zinc, iron and nickel, and total suspended solids (TSS).  The consent decree filed with the court today requires Pepco to put into place Best Management Practices or BMPs to prevent the metals and other pollutants from entering into Pepco’s stormwater drainage system, including booms and filters at each drain leading into the system, as well as enhanced inspections and other measures.  In addition, Pepco will install in-pipe treatment systems in several areas to remove the metals from the stormwater in the drainage system until the permit limits are met.  Pepco also will implement a mitigation project using vegetation and a holding pond to capture and treat stormwater that currently drains from the Benning Street facility into the Anacostia River.

At 8.7 miles, the Anacostia River is a major tributary of the Potomac River, which ultimately flows into the Chesapeake Bay.  The Anacostia River is impaired for organics, heavy metals and sediment.  EPA and its state partners, including the District of Columbia, have focused efforts on addressing pollution in the Anacostia River in the past decade, through Clean Water Act permits, judicial consent decrees and other regulatory mechanisms.  

“This agreement will aid the continuing recovery of the Anacostia River by cleaning up contaminated stormwater from this Pepco facility,” said Assistant Attorney General John C. Cruden.  “This is part of the ongoing and substantial efforts by EPA and the Department of Justice to address sources of water pollution and bring great American rivers like the Anacostia back to health. I have personally kayaked the River and know its importance in our Washington, D.C. ecosystem.”

“Controlling stormwater runoff is essential to protecting and restoring our urban waterways” said EPA Regional Administrator Shawn M. Garvin.  “This settlement underscores EPA’s commitment to continuing the progress that we and our partners have made along the Anacostia.” 

The Pepco facility historically included a power plant that was shut down in 2012 and has been removed.  The property is also the subject of an on-going study and clean-up of soil and other contamination being performed under a consent decree with the District of Columbia Department of Energy and Environment. 

On March 28, 2016, the District Court granted the request of the Anacostia Riverkeeper, an environmental organization, to intervene in the lawsuit.

The consent decree was lodged in the District Court for the District of Columbia.  Notice of the lodging will appear in the Federal Register.  The Decree is subject to a public comment period of not less than 30 days before the consent decree can be entered by the court.  The consent decree can be viewed at www.justice.gov/enrd/consent-decrees.

The Department of Justice and the Federal Trade Commission (FTC) issued today revised Antitrust Guidelines for International Enforcement and Cooperation.  These guidelines update the 1995 Antitrust Enforcement Guidelines for International Operations and provide guidance to businesses engaged in international activities on questions that concern the agencies’ international enforcement policy as well as the agencies’ related investigative tools and cooperation with foreign authorities.  

The revised guidelines reflect the growing importance of antitrust enforcement in a globalized economy and the agencies’ commitment to cooperating with foreign authorities on both policy and investigative matters.  

“Anticompetitive conduct that crosses borders can adversely affect our commerce with foreign nations.  The department’s antitrust enforcement is focused on ending that conduct in order to protect consumers and businesses in the United States,” said Acting Assistant Attorney General Renata Hesse, in charge of the Department of Justice’s Antitrust Division.  “The Antitrust Guidelines for International Enforcement and Cooperation released today provide important, up to date guidance to businesses engaged in international operations on our enforcement policies and priorities; the changes we have made to the international guidelines, last issued in 1995, reflect developments in the department’s practices and in the law over the last 22 years.  Developed jointly with the FTC, the Guidelines are another powerful example of the benefits of collaboration between our Agencies.”  

“The agencies’ enforcement of the U.S. antitrust laws now frequently involves activity outside the United States, increasingly requiring collaboration with international counterparts,” said Chairwoman Edith Ramirez of the FTC.  “The Guidelines we are issuing today explain to the business and antitrust communities our current approaches to international enforcement policy and related investigative tools, and cooperation. They are the product of the excellent working relationship between our two agencies.”

The revisions describe the current practices and methods of analysis the agencies employ when determining whether to initiate and how to conduct investigations of, or enforcement actions against, conduct with an international dimension.  The Antitrust Guidelines for International Enforcement and Cooperation are different from the 1995 guidelines in several important ways.  In particular, they:

Add a chapter on international cooperation, which addresses the Agencies’ investigative tools, confidentiality safeguards, the legal basis for cooperation, types of information exchanged and waivers of confidentiality, remedies and special considerations in criminal investigations; Update the discussion of the application of U.S. antitrust law to conduct involving foreign commerce, the Foreign Trade Antitrust Improvements Act, foreign sovereign immunity, foreign sovereign compulsion, the act of state doctrine and petitioning of sovereigns, in light of developments in both the law and the Agencies’ practice; and
Provide revised illustrative examples focused on the types of issues most commonly encountered. 

The agencies issued proposed revisions for public comment on Nov. 1, 2016, in response to which comments were received from practitioners, academics, economists, and other stakeholders.  Public comments are available at https://www.justice.gov/atr/guidelines-and-policy-statements-0/antitrust-guidelines-international-enforcement-and-cooperation-2017.

The Antitrust Guidelines for International Enforcement and Cooperation are available on the Department’s website at https://www.justice.gov/atr/internationalguidelines/download and the FTC’s website at www.ftc.gov/InternationalGuidelines.

The FTC vote approving the 2017 Antitrust Guidelines for International Enforcement and Cooperation was 3-0.

Antitrust Guidelines for International Enforcement and Cooperation

The Justice Department today filed a lawsuit against KleinBank alleging that the bank engaged in unlawful “redlining” of majority-minority neighborhoods in the Minneapolis-St. Paul metropolitan area.  “Redlining” is the discriminatory practice by banks or other financial institutions of denying or avoiding providing credit services to consumers because of the racial or ethnic demographics of the neighborhood in which the consumer lives.

The lawsuit, filed in the U.S. District Court for the District of Minnesota, alleges that KleinBank violated the Fair Housing Act and Equal Credit Opportunity Act, which prohibit financial institutions from discriminating on the basis of race and color in their mortgage lending practices.  The complaint alleges that from 2010 to at least 2015, KleinBank structured its residential mortgage lending business in such a way as to avoid serving the credit needs of neighborhoods where a majority of residents are racial and ethnic minorities.  

The bank’s alleged redlining practices include: excluding majority-minority neighborhoods from the area it serves; locating branch offices and mortgage loan officers in majority-white neighborhoods, but not in majority-minority neighborhoods; and targeting marketing and advertising exclusively toward residents of majority-white neighborhoods.  From 2010 to 2015, comparable lenders generated applications in majority-minority neighborhoods at over five times the rate of KleinBank and made loans in majority-minority neighborhoods at over four times the rate of KleinBank.

“Redlining produces an unequal and unlevel playing field for borrowers in minority neighborhoods,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.  “Cases like this one demonstrate the Justice Department’s strong commitment to hold banks accountable for continuing and perpetuating historic trends of inequality in residential mortgage lending.”  

The Justice Department’s enforcement of fair lending laws is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section.  Since 2010, the division has provided over $1.6 billion in monetary relief for individual borrowers and impacted communities through its enforcement of the Fair Housing Act, ECOA and the Servicemembers Civil Relief Act.  The Attorney General’s annual reports to Congress on ECOA enforcement highlight the department’s accomplishments in fair lending and are available at www.justice.gov/crt/publications/.

The Civil Rights Division is a member of the Financial Fraud Enforcement Task Force.  President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources.  The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes.  For more information on the task force, visit www.StopFraud.gov.

Additional information about fair lending enforcement by the Justice Department can be found on the department’s website at www.justice.gov/fairhousing.

KleinBank Complaint

KleinBank Exhibit A

KleinBank Exhibit B

Today the Justice Department’s Office on Violence Against Women (OVW) announced an award of $500,000 to the Vera Institute of Justice’s Center on Victimization and Safety to create a plan for establishing a National Deaf Service Line that will enable Deaf victims of domestic violence, sexual violence, dating violence and stalking to speak directly with a Deaf advocate or an individual who is fluent in their preferred mode of communication via video phone 24 hours per day, seven days per week.

For many Deaf individuals, the most effective form of communication is in-person, using sign language or an assistive communication device. Services that are most responsive to the needs of Deaf victims are firmly rooted in Deaf culture and provided by individuals who use the same mode of communication, but such services are often not available because of the limited number of culturally Deaf-specific domestic violence and sexual assault programs.

“Clear communication is essential to helping victims find and receive the services they need,” said OVW’s Principal Deputy Director Bea Hanson. “The National Deaf Service Line will give Deaf victims an enhanced means of accessing safe, culturally appropriate services.” While in-person services remain the best option, remote services, provided by a Deaf advocate, via video phone are the next best option.

The Vera Institute of Justice has worked extensively to end domestic and sexual violence in the lives of individuals with disabilities and Deaf individuals through trainings, technical assistance, conferences and a number of key Deaf-specific initiatives.

With this award, OVW is entering the first of a two-phase project; phase two will be the implementation of the plan the Vera Institute of Justice will developed. The plan will include description of how the National Deaf Service Line will complement the services currently offered to the Deaf community by the National Domestic Violence Hotline.

OVW provides leadership in developing the nation’s capacity to reduce violence against women through the implementation of the Violence Against Women Act (VAWA) and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing 21 federal grant programs, OVW often undertakes initiatives in response to special needs identified by communities facing acute challenges. For more information on OVW, please visit www.justice.gov/ovw.

The Department of Justice’s Environment and Natural Resources Division announced today the publication of its accomplishments in 2016, documenting one of the most successful years in its history of over a century, including the highest recoveries in environmental enforcement, record-setting recoveries in natural resource damages, and the highest criminal penalties handed down in individual vessel pollution and Lacey Act trafficking cases.

“I am extremely proud and grateful to have led the men and women of this division through a landmark year in its long history of protecting, defending and preserving the environment and natural resources of this great nation,” said Assistant Attorney General John C. Cruden. “Together, we brought justice and an immense restoration effort to the Gulf shores spoiled by Deepwater Horizon, and resolution to automobile consumers and all Americans deprived of clean air by Volkswagen’s deceit. And we ended, fairly and honorably, the vast majority of protracted litigation that has stood in the way of a stronger nation-to-nation relationship between the United States and American Indian tribes.”

The division’s responsibilities are broad: enforcing the nation’s civil and criminal pollution-control laws, defending environmental challenges to federal agency programs and activities, representing the United States in matters concerning the stewardship of the nation’s natural resources and public lands, acquiring real property, bringing and defending cases under the wildlife protection statutes, and litigating cases concerning the resources and rights of Indian tribes and their members.

The division’s work in its traditional areas of responsibility continued apace throughout 2016, but the year was highlighted by three extraordinary events: (1) completing the historic settlement with BP arising out of the tragic Deepwater Horizon oil spill into the Gulf of Mexico, (2) bringing a Clean Air Act case against Volkswagen and finalizing an exceptional consent decree, which will impact over a half million diesel car owners; and (3) resolving multiple tribal trust cases by reaching court-approved settlements with 17 additional tribes.

The first key enforcement success was the final entry in April 2016 of the consent decree in the Department’s record-breaking settlement with BP in the Deepwater Horizon oil spill litigation in which the United States and the five Gulf Coast states secured payments in excess of $20 billion to resolve their claims against BP. This settlement is the largest in the history of federal law enforcement for a single defendant, and it includes the largest-ever Clean Water Act civil penalty and the largest-ever recovery of damages for injuries to natural resources.

Next, ENRD took important steps toward resolving the civil Clean Air Act violations alleged in the United States’ complaint relating to Volkswagen’s use of devices designed to defeat vehicle emissions tests on approximately 580,000 model year 2009-2016 2.0 and 3.0 liter diesel vehicles sold or leased in the United States. In June 2016, German automaker Volkswagen AG and related entities (Volkswagen) agreed to a settlement relating to the 2.0 liter vehicles, under which it will spend up to $14.7 billion to offer consumers a buyback of the vehicles, and potentially also offer (if approved by regulators) an emissions modification to substantially reduce emissions; fund air pollution reduction projects; and invest in green technology. And, in December, ENRD completed another settlement with Volkswagen that addresses the 3.0 liter vehicles and is valued at approximately $1 billion. Under that agreement, Volkswagen must offer to buy back the older model year 2009-2012 vehicles, and potentially offer an emissions modification (if approved by regulators). For the newer model year 2013-2016 vehicles, if Volkswagen successfully demonstrates that the vehicles can be repaired to comply with the certified emissions standards, they must offer that option and will not be required to offer to buy back those vehicles. Volkswagen also must fund additional air pollution reduction projects like those approved by the court in the 2.0 liter settlement.

In addition to the BP and Volkswagen litigation, the division successfully litigated over 790 cases and handled nearly 7,000 cases, matters, and appeals in 2016. ENRD achieved over $14 billion in civil and criminal fines, penalties, and costs recovered.

The division continued its robust program of prosecuting shipping companies and crew for the intentional discharges of pollutants from ocean-going vessels in U.S. waters. At the end of fiscal year 2016, criminal penalties imposed in these cases totaled more than $363 million in fines and more than 32 years of confinement. And in December 2016, ENRD obtained the largest-ever criminal penalty involving deliberate vessel pollution when it concluded the prosecution of Princess Cruise Lines Ltd. The company pleaded guilty to seven felony charges and will pay a $40 million penalty.

ENRD attorneys also devoted substantial effort to defending key rules at the heart of this Administration’s commitment to safeguard clean air and clean water. The division is defending EPA’s Clean Power Plan—the Agency’s historic Clean Air Act rulemaking that takes action on climate change by reducing greenhouse gases from power plants. The rule has faced challenges from over 100 state and industry parties, with the cases consolidated in West Virginia v. EPA. The division’s vigorous defense of the rule culminated in a marathon six-hour oral argument before a 10-judge en banc panel of the U.S. Court of Appeals for the District of Columbia Circuit. An evaluation of ENRD’s defense of other EPA Clean Air Act regulations indicates that the division prevailed in over 90 percent during 2015 and 2016.

In addition to this critically important pollution-control work, the division protected the American taxpayer both through its careful and successful handling of agency land acquisitions and through vigorous and effective defense of cases alleging that government actions took property in violation of the Fifth Amendment, ensuring that the government did not pay more than market value in providing just compensation to landowners. ENRD’s efforts helped federal agencies carry out vital federal programs that serve a variety of important interests, such as promoting the use of renewable energy to foster energy independence. To that end, ENRD defended agency decisions regarding solar projects on public land, and prosecuted those who engaged in renewable fuel fraud—criminal conduct that undermines the renewable fuel standard program Congress created to curtail greenhouse gas emissions and expand the nation’s renewable fuels sector.

The division also made great strides toward advancing environmental justice through all of its work. ENRD’s Counsel for Environmental Justice continued to work closely with attorneys throughout the division, both to improve awareness and understanding of environmental justice issues and to make sure ENRD resolves cases in ways that provide real, concrete results for low-income and vulnerable communities that have suffered disproportionately from damage to the environment.

ENRD also focused on promoting and defending tribal sovereignty, treaty obligations, and the rights of Indian tribes, as well as resolving long-standing disputes with tribes. In particular, ENRD continued its initiative to resolve tribal trust cases, reaching settlements with 17 tribes for almost $493 million between January 1 and September 26, 2016, alone. These settlements add to already-historic efforts in settling these lawsuits. Since January 20, 2009, the division has settled the claims of 104 tribes for a total of $3.35 billion. These settlements represent a significant milestone in improving the government-to-government relationship between the United States and Indian tribes.

The division’s work also helps ensure effective stewardship of the nation’s public lands, natural resources and animals, including fighting for the survival of the world’s most iconic species and marine resources, and working across the government and the globe to end the illegal trade in wildlife. Here, too, ENRD continued to achieve outstanding results. Along with senior leadership from the Departments of State and the Interior, Assistant Attorney General Cruden co-chairs the Presidential Task Force on Wildlife Trafficking, which unites 17 federal agencies to combat the pernicious trade in wildlife that is decimating many species throughout the world and undermining global security.

ENRD brought some of the most significant wildlife prosecutions in our history this year, particularly in the timber trafficking case against Lumber Liquidators. That case yielded a total of $13.15 million in penalties, the largest financial penalty for timber trafficking under the Lacey Act, which makes it a crime to import timber taken in violation of the laws of a foreign country and to transport falsely labeled timber across international borders into the U.S. In Operation Crash, a multi-year, ongoing effort targeting illegal trade of horns from highly endangered rhinoceroses and elephant ivory, the Department thus far has secured combined prison sentences of nearly 34 years, fines of over $2 million, and forfeiture and restitution of $5.5 million.

In addition to these notable achievements, this year the division began vigorously implementing its newly acquired responsibility for criminal worker safety prosecutions and enforcement of animal welfare statutes. ENRD and the U.S. Attorneys’ Offices are already working under the new worker safety initiative with several offices within the Department of Labor, including the Occupational Safety and Health Administration, to investigate and prosecute worker endangerment violations. And ENRD took several steps to support enforcement of federal animal welfare statutes, such as conducting training and co-hosting a highly successful conference that brought together federal, state and local leaders to map out a coordinated strategy for the future.

The division also brought criminal charges against nine defendants for their roles in a multi-state dog fighting conspiracy; in coordination with these cases, the United States seized 79 dogs, and ENRD civil attorneys negotiated the surrender of 71 of these dogs—making them potentially available for adoption—and are seeking civil forfeiture of the remaining dogs. The division is just beginning this important work, but it will continue to move forward.

As 2016 drew to a close, the division accepted an award from the Partnership for Public Service, which ranked the Environment and Natural Resources Division as the #2 best place to work in the federal government, as well as the best place to work in the Department of Justice. With more than 300 federal agency subcomponents competing, ENRD’s new rank places it well into the top 1% of all federal workplaces. This honor is truly a testament to the passion, commitment, and professionalism of the extraordinary men and women in this division.

To read more about the ENRD’s work over the past year, you can read the Accomplishments Report.

 

Update Reaffirms Role of Guidelines while Reflecting Developments in the Law and the Agencies’ Enforcement and Policy Work

The Department of Justice and the Federal Trade Commission issued today updated Antitrust Guidelines for the Licensing of Intellectual Property  (IP Licensing Guidelines) that explain how the federal antitrust agencies evaluate licensing and related activities involving patents, copyrights, trade secrets and know-how.  This update modernizes the IP Licensing Guidelines, which the agencies jointly issued in 1995, so they may continue to play a fundamental role in the agencies’ analysis of the licensing of intellectual property rights and provide guidance to the public and the business community about the agencies’ enforcement approach to intellectual property licensing.

The agencies announced the proposed update of the IP Licensing Guidelines and made a draft available for public comment in August 2016.  As described in that announcement, the proposed update reflected intervening changes in statutory and case law, as well as relevant enforcement and policy work, including the agencies’ 2010 Horizontal Merger Guidelines. During a 45-day comment period, the agencies received public comments from academics, private industries, law associations and non-profit organizations, which are available here.  After carefully reviewing and considering the comments, the agencies have now finalized the update.

 “Our modernized IP Licensing Guidelines continue to apply an effects-based analysis that puts the focus on evaluating harm to competition, not on harm to any individual competitor, and support procompetitive intellectual property licensing that can promote innovation,” said Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division.  “The comments we received were helpful in completing this update and also serve more broadly to better our understanding of some of today’s very complex antitrust issues that involve intellectual property rights.”

“Today, the Commission reaffirms its commitment to an economically grounded approach to antitrust analysis of IP licensing,” said Chairwoman Edith Ramirez of the FTC.  “A strong and competitive IP licensing system benefits consumers and fosters innovation, by helping to ensure that inventors realize an appropriate return on their investment.”

In response to the desire of some commenters for the guidelines to more specifically address additional IP licensing activities, the agencies reiterate that the flexible effects-based enforcement framework set forth in the IP Licensing Guidelines remains applicable to all IP licensing activities.  In addition, the business community may consult the wide body of DOJ and FTC guidance available to the public – in the form of published agency reports, statements, speeches and enforcement decisions – which rely on this analytical framework and further illuminate each agency’s analysis of a variety of conduct involving intellectual property, including standards-setting activities and the assertion of standards-essential patents.

The updated IP Licensing Guidelines are available on the Department of Justice’s website here and the Federal Trade Commission’s website here.

Antitrust Guidelines for the Licensing of Intellectual Property

Chilean chemicals and mining company Sociedad Química y Minera de Chile (SQM) agreed to pay a criminal penalty of more than $15 million in connection with payments to politically-connected individuals in Chile in violation of the Foreign Corrupt Practices Act (FCPA), announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division. 

According to the company’s admissions, SQM knowingly failed to implement internal controls sufficient to ensure that payments from a fund under the control of one of its officers and high-level executives were made for services received and in compliance with Chilean law.  Between 2008 and 2015, SQM made donations to dozens of foundations controlled by or closely tied to Chilean politicians.  During this period, for example, SQM funneled approximately $630,000 to foundations controlled by a Chilean official with influence over the government’s mining plans in Chile, a key segment of SQM’s business.

SQM also admitted to falsifying its books and records to conceal payments to vendors associated with politicians, logging them as consulting and professional services SQM never received.  For example, in 2009, SQM paid approximately $11,000 to the sister-in-law of a Chilean official, recording the payment in SQM’s books as a payment for services received, despite the fact that the official’s sister-in-law submitted the false invoice solely to disguise payment to a Chilean senatorial campaign.

In total, SQM admitted having paid nearly $15 million between 2008 and 2015 to vendors despite having no evidence any goods or services were actually received.

SQM entered into a deferred prosecution agreement (DPA) in connection with a criminal information filed today in the District of Columbia, charging the company with one count of failing to implement internal controls and one count of falsifying its books and records.  Pursuant to its agreement with the department, SQM agreed to pay a criminal penalty of $15,487,500; continue to cooperate with the department’s investigation; enhance its compliance program; implement rigorous internal controls; and retain an independent corporate compliance monitor for a term of two years, with a third year of self-reporting to occur thereafter.

The Criminal Division’s Fraud Section reached this resolution based on a number of factors, including the fact that SQM did not voluntarily disclosure the FCPA violations, but did cooperate with the department’s investigation after news of Chilean prosecutors’ investigation of the company surfaced in media reports.  SQM received a 25 percent reduction off the low end of the applicable U.S. Sentencing Guidelines fine range because of its full cooperation and substantial and ongoing remediation.  Because many of SQM’s compliance enhancements were more recent, and therefore have been subjected to a relatively short period of testing, the DPA imposes an independent compliance monitor.  However, due to the company’s size and risk profile, as well as the enhancements the company has already made, the term of the monitor will be two years and the company will be permitted SQM to self-report for the final year of the agreement.

In a related matter, SQM reached a settlement on Jan. 13, 2017, with the Securities and Exchange Commission (SEC), pursuant to which it will pay a $15 million civil monetary penalty.

Trial Attorneys Lorinda Laryea and Jonathan Robell of the Criminal Division’s Fraud Section prosecuted the case, which was previously handled by former Fraud Section Trial Attorney John-Alex Romano.

The Fraud Section appreciates the significant cooperation provided by the SEC in this matter.  The Criminal Division’s Office of International Affairs and the FBI’s International Operations Division also provided assistance during the investigation.

The Fraud Section is responsible for investigating and prosecuting all FCPA matters.  Additional information about the department’s FCPA enforcement matters can be found at www.justice.gov/criminal/fraud/fcpa. 

Subsidiary Agrees to Plead Guilty to Violating the Foreign Corrupt Practices Act

Zimmer Biomet Holdings Inc. (Zimmer Biomet), an Indiana-based manufacturer of orthopedic and dental implant devices, has agreed to pay a $17.4 million criminal penalty in connection with a scheme to pay bribes to government officials in Mexico and for violations of the internal controls provisions of the Foreign Corrupt Practices Act (FCPA) involving the company’s operations in Mexico and Brazil. Zimmer Biomet had been in breach of a 2012 deferred prosecution agreement (DPA) with the department resolving an earlier investigation into FCPA violations committed by Biomet Inc., which became part of Zimmer Biomet in 2015.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Assistant Director Stephen Richardson of the FBI’s Criminal Investigative Division made the announcement.

“Zimmer Biomet had the opportunity to avoid criminal charges but its misconduct allowed the bribes to continue,” said Assistant Attorney General Caldwell. “Zimmer Biomet is now paying the price for disregarding its obligations under the earlier deferred prosecution agreement. In appropriate circumstances the department will resolve serious criminal conduct through alternative means, but there will be consequences for those companies that refuse to take these agreements seriously.”

“Zimmer Biomet failed to rectify their misconduct and get back on track in compliance with the law, and now they are facing the consequences of their corrupt actions,” said Assistant Director Richardson. “The FBI will not stand idly by when companies operate outside the law and attempt to play by different rules in the marketplace. We remain vigilant and committed to holding those accountable who disregard the rule of law in the United States.”

According to admissions made in the resolution documents, even after the 2012 DPA between the department and Biomet, the company knowingly and willfully continued to use a third-party distributor in Brazil known to have paid bribes to government officials on Biomet’s behalf. Biomet also failed to implement an adequate system of internal accounting controls at the company’s subsidiary in Mexico, despite employees and executives having been made aware of red flags suggesting that bribes were being paid. By failing to require appropriate due diligence and documentation and contracts for payments to third parties, Biomet allowed its Mexican subsidiary, Biomet 3i Mexico S.A. de C.V. (3i Mexico), to pay bribes to Mexican customs officials through customs brokers and sub-agents so 3i Mexico could import contraband dental implants into Mexico. Importing those products into Mexico violated Mexican law because they lacked proper registration or labeling.

Zimmer Biomet entered into a three-year DPA tin connection with a superseding criminal information, filed today in the District of Columbia, charging the company with failing to implement a system of effective internal accounting controls. Pursuant to its agreement with the department, Zimmer Biomet agreed to pay a $17.4 million criminal penalty and retain an independent corporate compliance monitor for three years.

JERDS Luxembourg Holding S.ár.l. (JERDS), an indirect subsidiary of Zimmer Biomet, agreed to plead guilty to a one-count criminal information, also filed in the District of Columbia, charging it with causing Biomet to violate the books and records provisions of the FCPA through the actions of 3i Mexico, a wholly-owned subsidiary of JERDS. The plea agreement is subject to court approval. The case was assigned to Senior U.S. District Judge Reggie B. Walton of the District of Columbia and the change of plea is scheduled to take place on Jan. 13, 2017 at 3:45 p.m.

In related proceedings, the U.S. Securities and Exchange Commission (SEC) filed a cease and desist order against Zimmer Biomet whereby the company agreed to pay to the SEC disgorgement of $6.5 million including pre-judgment interest and $6.5 million as a civil penalty.

The Criminal Division’s Fraud Section reached this resolution based on a number of factors, including that Zimmer Biomet was in breach of the 2012 DPA between Biomet and the department. That agreement resolved an earlier investigation by the department into violations of the FCPA committed by Biomet, including the bribery of government officials in Argentina, Brazil and China as well as the falsification of the company’s financial records to conceal the true nature of the bribe payments. Pursuant to the 2012 DPA, Biomet had been required to retain an independent compliance monitor. The monitor’s term was extended for one year in 2015, due to both the bribery in Brazil and Mexico and the fact that the Zimmer Biomet compliance program did not meet the requirements of the 2012 DPA. At the conclusion of the extended period, the independent monitor was unable to certify that the company’s compliance program satisfied the requirements of the 2012 DPA and the department notified Zimmer Biomet that it was deemed to be in breach of the agreement. Zimmer Biomet fully cooperated with the current investigation and provided to the Fraud Section all relevant facts known to the company, including information about individuals involved in the misconduct. Nevertheless, because Zimmer Biomet failed to implement an effective compliance program and committed additional crimes while under a DPA and monitorship, the current DPA requires Zimmer Biomet retain an independent compliance monitor for a term of three years.

The FBI’s International Corruption Squad in Washington, D.C., investigated the case. Assistant Chief Tarek J. Helou and Trial Attorney John Borchert of the Fraud Section prosecuted the case. The Office of International Affairs also provided substantial assistance in this matter.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

Court Documents:

Zimmer Superseding Information

Zimmer DPA

JERDS Information

 

As part of the Department’s commitment to working with communities and law enforcement to build stronger relationships and mutual trust, Attorney General Loretta E. Lynch today announced the release of the “Attorney General’s Community Policing Report,” a summary of the Attorney General’s twelve-city Community Policing Tour and the Department of Justice’s four Regional Justice Forums. The Attorney General’s Community Policing Tour Report builds on President Obama’s priorities to engage with law enforcement and other members of the community to implement key recommendations from the Final Report of the President’s Task Force on 21st Century Policing.

“This document is not meant to be a comprehensive, step-by-step guide, but, rather, a useful blueprint—a window into what citizens across the nation are doing to build stronger bonds between police and the people they serve,” said Attorney General Lynch. “I hope that this report will help inspire ideas and foster cooperation in communities from coast to coast—so that, together, we can continue our work toward a stronger, a safer, and a more united nation.”

During the Community Policing Tour, Attorney General Lynch visited 12 jurisdictions in two phases. Phase I focused on jurisdictions that had addressed difficult histories of mistrust between communities and law enforcement through strong collaboration and innovation. During this phase, the Attorney General traveled to Cincinnati, Ohio; Birmingham, Alabama; East Haven, Connecticut; Pittsburgh, Pennsylvania; Seattle, Washington; and Richmond, California. Phase II highlighted cities that had made outstanding progress implementing the six key pillars identified in the Final Report of the President’s Task Force on 21st Century Policing. During this phase, the Attorney General visited Miami/Doral, Florida; Portland, Oregon ; Indianapolis, Indiana; Fayetteville, North Carolina; Phoenix, Arizona; and Los Angeles, California, with each site focusing on one of the report’s pillars.

 

In the wake of the horrific tragedies of the summer of 2016 in Baton Rouge, Louisiana; Dallas, Texas; and St. Paul, Minnesota, the Attorney General and Deputy Attorney General Sally Q. Yates convened a series of Regional Justice Forums with members of the local law enforcement, youth, faith, non-profit and civil rights communities. These meetings were designed to help local stakeholders critically examine community policing issues in their respective cities and regions and to seek concrete solutions together. The Attorney General convened Justice Forums in Detroit, Michigan and Newark, New Jersey. The Deputy Attorney General hosted forums in Denver, Colorado, and Atlanta, Georgia.

This report chronicling the community policing work of the Department of Justice highlights innovative local approaches to policing that help foster stronger ties between officers and the people they are sworn to serve and protect. The document is meant to serve as a tool for communities and law enforcement agencies seeking to deepen their own commitment to community policing principles and practices.

A foreign currency exchange (FX) dealer became the second person to plead guilty to conspiring to fix prices in the FX market, the Justice Department announced today.  

According to the one-count information filed in the U.S. District Court for the Southern District of New York, Christopher Cummins was a dealer of Central and Eastern European, Middle Eastern and African (CEEMEA) currencies on the FX desk of a New York-based financial institution.  From approximately January 2007 until July 2013, Cummins and FX dealers at competing institutions conspired to suppress and eliminate competition by fixing prices in CEEMEA currencies, in violation of the Sherman Act, 15 U.S.C. § 1.  As part of this conspiracy, Cummins and his co-conspirators manipulated prices on an electronic FX trading platform through the creation of non-bona fide trades, coordinated the placement of bids and offers on that platform and agreed on currency prices they would quote specific customers, among other conduct.  Under his plea agreement, Cummins has agreed to cooperate with the department’s ongoing investigation into the FX market.
  
“Collusion by FX dealers for the purpose of fixing foreign currency exchange rates is no different than collusion regarding traditional products and services that the Antitrust Division routinely prosecutes,” said Deputy Assistant Attorney General Brent Snyder of the Justice Department’s Antitrust Division.  “The exchange rate manipulation pursued by the charged CEEMEA FX dealers and their co-conspirators, like any other form of price fixing, was intended to stymie free competition that promotes market integrity and fair pricing.”   

“The Federal Deposit Insurance Corporation Office of Inspector General (FDIC OIG) is dedicated to ensuring integrity in the financial services industry,” said Inspector General Jay N. Lerner of the FDIC OIG.  “This is the second guilty plea in this price-fixing case and attests to the value of cooperative working relationships among law enforcement.” 

In addition to the guilty plea by Cummins, another FX dealer pleaded guilty on January 4, 2017, to fixing prices of CEEMEA currencies, three individuals were charged on Jan. 10, 2017 for conspiring to fix prices and rig bids for the euro – U.S. dollar currency pair, and the Justice Department’s Criminal Division charged two FX executives with fraud, on July 20, 2016, for conspiring to defraud a client of their bank through a front running scheme.  These individual charges follow guilty pleas by major banks.  On May 20, 2015, Citicorp, JPMorgan Chase & Co., Barclays PLC and The Royal Bank of Scotland plc pleaded guilty at the parent level and agreed to pay collectively more than $2.5 billion in criminal fines for their participation in an antitrust conspiracy to manipulate the price of U.S. dollars and euros exchanged in the FX market. 

This antitrust investigation is being conducted by the Antitrust Division’s New York Office with the assistance of the FDIC OIG and the FBI’s Washington Field Office.  The Criminal Division’s Fraud Section also provided substantial assistance in this matter.  

A violation of the Sherman Act, 15 U.S.C. § 1, carries a maximum penalty of ten years in prison and a $1 million fine for individuals.  The maximum fine for a Sherman Act violation may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than the statutory maximum.  

The charge was brought in connection with the President Obama’s Financial Fraud Enforcement Task Force.  The president established the task force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  With more than 20 federal agencies, 94 U.S. Attorneys’ Offices and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.  Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. 

For more information about the task force, please visit www.StopFraud.gov.  Anyone with information concerning price fixing or other anticompetitive conduct in the FX marketplace should contact the New York Office of the Antitrust Division at (212) 335-8000, call the Antitrust Division’s Citizen Complaint Center at (888) 647-3258 or visit www.justice.gov/atr/contact/newcase.html. 

Cummins Information

A Pittsburgh, Pennsylvania man was sentenced to 48 months in prison today in the U.S. District Court for the Western District of Pennsylvania after being convicted of failing to collect, account for and pay over employment taxes following a jury trial in September 2016, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.

 

According to court documents and the evidence presented at trial, between 2004 and 2015, Steven Lynch, 61, a tax attorney, co-owned and operated the Iceoplex at Southpointe, a recreational sports facility located in Washington County, Pennsylvania. Iceoplex included a fitness center, ice rink, soccer court, restaurant and bar. Lynch controlled the finances for these businesses and was responsible for collecting, accounting for, and paying over tax withheld from employee wages, and timely filing quarterly employment tax returns. The jury found that between 2012 through 2015, Lynch failed to timely pay over to the Internal Revenue Service (IRS) more than $790,000 in taxes withheld from the wages of the employees for these businesses.

 

“Companies deserve to compete on a level playing field,” said Principal Deputy Assistant Attorney General Ciraolo. “Business owners and operators who choose not to pay over to the United States the taxes that they withheld from their employees’ wages are stealing from the U.S. Treasury and should plan on facing prosecution and incarceration.”

 

“As the person who controlled the finances on behalf of the different Iceoplex businesses, Steven Lynch, a tax attorney, was entrusted with the significant responsibility to collect and turn over all IRS withholding taxes,” said Special Agent in Charge Akeia Conner of IRS Criminal Investigation (CI). “His failure to pay over the withheld taxes is a violation that IRS Criminal Investigation takes very seriously. Today, justice is served and Mr. Lynch is being held accountable for his criminal actions.”

 

In addition to the prison term imposed by U.S. District Judge Arthur Schwab, Lynch was ordered to serve three years of supervised release and to pay $793,145 in restitution to the IRS and a $75,000 fine.

 

Principal Deputy Assistant Attorney General Ciraolo commended the special agents of IRS-CI, who conducted the investigation, and Trial Attorneys Jeffrey Bender and Brittney Campbell of the Tax Division, who prosecuted the case. Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office in the Western District of Pennsylvania for their substantial assistance.

 

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.