District Not Recorded

Stole Money from Parishioners and Lied to Return Preparer

A priest for the Roman Catholic Diocese of San Jose pleaded guilty today to four counts of tax evasion, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, U.S. Attorney Brian J. Stretch for the Northern District of California and Special Agent in Charge Michael T. Batdorf for the Internal Revenue Service’s Criminal Investigation (IRS-CI).

Father Hien Minh Nguyen, 56, admitted that over a period of four years, he stole money his parishioners donated to the Diocese and willfully evaded paying income taxes on the money he misappropriated each year from 2008 through 2011.  He admitted that he deposited this money into his personal bank account, did not disclose this income to his return preparer, did not keep records of the donations he stole, and filed false income tax returns which did not report this money. 

Father Nguyen also pleaded not guilty to bank fraud charges.  Those charges are still pending. 

“Father Nguyen stole money from his parishioners and filed false returns with the IRS to evade his income tax obligations,” said Principal Deputy Assistant Attorney General Ciraolo.  “The department remains committed to holding all criminal tax offenders accountable for their illegal conduct, regardless of their profession.  No one is above the law.”

Sentencing on the tax evasion convictions has not been scheduled.  Father Nguyen faces a statutory maximum sentence of five years in prison and monetary penalties for each tax evasion conviction. Father Nguyen’s next scheduled appearance is a status conference on the bank fraud charges currently scheduled for Aug. 23.  An indictment is merely an allegation and a defendant is presumed innocent until and unless proven guilty in court.  Father Nguyen pleaded guilty to the tax evasion charges.  He has not pleaded guilty to bank fraud charges and remains presumed innocent of those charges. 

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Brian J. Stretch commended special agents of the IRS-CI, who investigated the case and Trial Attorney Gregory Bernstein of the Tax Division and Assistant U.S. Attorney Thomas Moore of the Northern District of California, who are prosecuting the case.

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

The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the state of New Mexico today announced a settlement with Chevron Mining Inc. (CMI) requiring $143 million in cleanup work at the Chevron Questa Mine Superfund site near Questa, New Mexico.   As part of the settlement, the company will perform a pilot project to cover about 275 acres of the tailing facility where mine waste or “tailings” are stored, operate a water treatment plant and install groundwater extraction systems.  CMI will also pay over $5.2 million to reimburse EPA’s past costs for overseeing cleanup work at the site.  

“This settlement will advance substantial cleanup work at the Questa site, and require actions to prevent future contamination of the Red River,” said Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division.  “This settlement is the product of excellent cooperation between the state and federal governments and CMI to continue the vital cleanup work at the Chevron Questa Mine Site.”

“This settlement builds on the consent decree entered into in September of last year and represents another affirmative step towards remedying the serious environmental damages suffered by this beautiful area of New Mexico as a result of decades of extensive mining activities,” said U.S. Attorney Damon P. Martinez of the District of New Mexico.  “In addition to requiring crucial cleanup work, the settlement includes important measures to prevent further contamination of the environment and provides for extensive monitoring to ensure compliance.”

“Protecting precious water resources is essential to the health of New Mexico’s communities and the state’s economy,” said EPA Regional Administrator Ron Curry. “While mining pollution is a complex issue, EPA and our partners are pleased to see the next phase of the cleanup at the Questa site take shape.”

“This $143 million cleanup is a powerful example of regulatory protections that work,” said Acting Secretary Butch Tongate for the New Mexico Environment Department.  “In addition to the $112 million already collected for environmental work during this administration, the State of New Mexico is pleased with the enforcement of regulations that hold Chevron Mining accountable for the environmental impacts caused by the now-closed Questa Mine which will foster a renewed Questa/Red River destination area.”

The proposed partial consent decree, if approved by the court, will provide for the next phase of the cleanup at the former mine site.   It is the largest settlement of its kind for cleanup work in EPA Region 6. CMI has already completed a number of response projects at the site under previous agreements with EPA, including the cleanup of Eagle Rock Lake and the removal of numerous tailing spills.  The new work will improve efforts to permanently prevent contamination from the site from affecting the Red River and other water resources and further reduce risks for nearby communities and the surrounding environment.  This includes covering and revegetating about 275 acres of the tailings facility, improving and installing new systems that prevent contaminated water from reaching the Red River and operating and maintaining a water treatment plant. The settling parties will also monitor the remedy’s long-term effectiveness at reducing risks to human health and the environment.

The proposed settlement announced today follows on a September 2015 consent decree entered into by the United States, on behalf of the U.S. Fish and Wildlife Service of the Department of the Interior and the Forest Service of the Department of Agriculture, and the State, on behalf of the New Mexico State Office of Natural Resource Trustee, resolving claims for natural resource damages at the Site.  Under that consent decree, CMI paid more than $4.2 million for restoring, replacing or acquiring natural resources damaged by mine activities.  The current consent decree addresses separate claims from the natural resource damages consent decree.

The Chevron Questa Mine, previously known as the Molycorp Mine, operated intermittently from 1919 until 2014, when CMI permanently closed the mine.  Mining operations and waste disposal contaminated soil, sediment, surface water and groundwater.    While the mine was operating, approximately 328 million tons of acid-generating waste rock were excavated and deposited in nine large waste rock piles.  After molybdenum was extracted from ore, the tailing was transported by pipeline to a tailing facility where it was deposited in tailing impoundments.  

The cleanup is being accomplished under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund.  The Superfund law protects human health and the environment while safeguarding taxpayer dollars by holding parties that contributed to contamination responsible for cleaning it up.  Since 1980, EPA’s Superfund program has managed the cleanup of the nation’s most hazardous waste sites and has responded to environmental emergencies, oil spills and natural disasters.

The public has the opportunity to submit written comments on the consent decree, which is subject to the 30-day comment period and final approval by the court. A copy of the consent decree is available at www.justice.gov/enrd/consent-decrees. 

The Justice Department reached an agreement today with Hartz Mountain Industries Inc. (Hartz) to resolve the department’s investigation into whether the company discriminated against work-authorized non-U.S. citizen job seekers, in violation of the Immigration and Nationality Act (INA).  Hartz is a real estate development and management company based in Secaucus, New Jersey.

The department’s investigation found that Hartz discriminated based on citizenship status by publishing a job posting that required applicants for a particular job opening to be U.S. citizens, in violation of the INA.  Job postings with citizenship preferences or requirements violate the INA by restricting employment opportunities available to work-authorized non-citizens.  While there are exceptions in the INA that allow for specific positions to be subject to citizenship requirements, the position available at Hartz did not meet the criteria.

Under the settlement agreement, Hartz will pay $1,400 in civil penalties to the United States, train its human resources staff on the anti-discrimination provision of the INA, review its policies and be subject to monitoring by the department for a three-year period.

“The Civil Rights Division is committed to identifying and tearing down discriminatory barriers that prevent work-authorized individuals from taking advantage of employment opportunities,” said Principal Deputy Assistant Attorney General Vanity Gupta, head of the Civil Rights Division.  “I commend Hartz for its cooperation during the investigation and for working to resolve this matter expeditiously.”

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) 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 in employment eligibility verification; retaliation; and intimidation.

For more information about 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.

Hartz Mountain Industries Settlement Agreement

Company Pleads Guilty to Fixing Price of Auto Parts for Second Time

Hitachi Automotive Systems Ltd. has agreed to plead guilty and to pay a criminal fine of at least $55.48 million for its role in a conspiracy to allocate markets, fix prices and rig bids for shock absorbers installed in automobiles sold to U.S. consumers, the Justice Department announced today.

According to charges filed in the U.S. District Court of the Southern District of Ohio today, from the mid-1990s until summer 2011 Tokyo-based Hitachi Automotive Systems agreed to allocate the supply of shock absorbers sold to targeted vehicle manufacturers.  To keep prices up, Hitachi Automotive Systems and its co-conspirators also agreed to coordinate on price adjustments requested by the vehicle manufacturers and strived to keep their conduct secret by using code names and meeting in remote locations. 

In 2013, Hitachi pleaded guilty and paid a $195 million fine for fixing the price of starters, alternators and other electrical automotive components. At that time, Hitachi received credit for substantially assisting the division’s investigation. But in the course of providing that assistance Hitachi failed to uncover that it had also conspired to fix the price of shock absorbers.  As a result, the division will recommend a substantial increase in Hitachi’s criminal fine from the bottom of the Guidelines fine range and also recommend that the court place Hitachi on probation for three years.  These recommendations are consistent with the division’s approach in cases where a company fails to uncover the entire scope of its illegal conduct at the time it enters into a plea agreement.

“Hitachi Automotive Systems thwarted the competitive process when it fixed the price of shock absorbers,” said Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division.  “Compounding its error, when it pled guilty in 2013 Hitachi failed to clean house and uncover its participation in the shock absorbers conspiracy.  The division will continue to take a hard line when companies fail to uncover additional anticompetitive behavior.” 

“When companies conspire to fix prices, consumers are the victims,” said Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division.  “Working with the Department of Justice and our other partners, the FBI will continue to pursue those that illegally scheme to suppress and eliminate competition.”

Hitachi Automotive Systems has agreed to cooperate with the division’s ongoing investigation.  The plea agreement is subject to court approval.

Today’s charge 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.  Including Hitachi Automotive Systems, 45 companies and 64 executives have been charged in the division’s ongoing investigation and have agreed to pay a total of more than $2.8 billion in criminal fines. 

Hitachi Automotive Systems is being prosecuted by the Antitrust Division’s Chicago Office and the FBI’s Cincinnati Field Office, with assistance from the U.S. Attorney’s Office of the Southern District of Ohio.  Anyone with information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to other products in the automotive parts industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI’s Cincinnati Field Office at 513-421-4310.

Hitachi Information

           ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI),announced that on August 8, 2016, Defendant JAYVIN WYLL UEDA REMOKET was sentenced by the Honorable Frances Tydingco-Gatewood, Chief Judge, District Court of Guam.  Defendant was sentenced to serve 14 years incarceration, to run concurrent to five years incarceration, followed by three years of supervised release. 

           Defendant REMOKET pled guilty on May 15, 2014 to Conspiracy to Distribute Methamphetamine, in violation of Title 21 U.S.C. Sections 846(a)(1) and (b)(1)(C) and to Giving Notice of a Search Warrant, in violation of 18 U.S.C. Section 2232(c).   Defendant REMOKET was a Guam Customs and Quarantine Officer assigned to the Contraband Enforcement Team at the time of the offenses.  He conspired with co-defendants Amos Ueda and Frederick Obak to receive and distribute a package containing 984.3 grams of methamphetamine hydrochloride at a business establishment in Guam, namely Staywell Insurance in Hagatna, Guam.  The contents of the package were to be broken down for later distribution on Guam.   The methamphetamine hydrochloride was concealed within a U.S. Priority Mail package and sent from Washington State to Guam where it was intercepted by the U.S. Postal Inspector.   The Drug Enforcement Administration Forensic Laboratory determined that the methamphetamine had a high purity level of 82.2%.  The street value of 984.3 grams of methamphetamine hydrochloride exceeds $492,150.00.   

           The investigation was conducted by the Guam U.S. Postal Inspector and Drug Enforcement Administration Special Agents as well as Task Force Officers who determined that REMOKET, using his position of authority, attempted to protect the conspiracy by giving notice to his co-defendants of the interception of the package.

           U.S. Attorney Limtiaco stated, "The defendant, at the time of the crimes, was a Guam Customs and Quarantine Officer assigned to the Contraband Enforcement Team. He abused and violated the public's trust by using and exploiting his official position to commit the crimes and gain information to impede the investigation in this case. It is not uncommon for methamphetamine hydrochloride possession and distribution to be associated with violent and other criminal activity.  The drug has destructive and devastating effects on individuals, families and our community.  The U.S. Attorney’s Office is committed to the aggressive prosecution of those offenders who traffic drugs and abuse their positions of authority to commit criminal activity."

           This conviction resulted from the concerted efforts of law enforcement partners in an Organized Crime Drug Enforcement Task Force (OCDETF) investigation.  OCDETF is a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.

           The investigating agencies include the Drug Enforcement Administration (DEA), U.S. Department of Homeland Security/U.S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations (HSI), U.S. Postal Inspection Service (USPIS), and the Guam Police Department (GPD).  The case was prosecuted by Assistant U.S. Attorney Rosetta San Nicolas.

The former chief executive at Bennett Environmental Inc., a Canada-based company that treats and disposes of contaminated soil, was sentenced today to serve 63 months in prison in connection with the payment of kickbacks to obtain subcontracts at a New Jersey Superfund site overseen by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, the Department of Justice announced today.

John Bennett, of Vancouver, British Columbia, was also sentenced to pay a $12,500 criminal fine and $3,808,065 in restitution in U.S. District Court for the District of New Jersey in Newark by Judge Susan D. Wigenton.  Bennett was charged with these crimes in August 2009 and was extradited from Canada to the United States in November 2014 to face trial.  After a three-week jury trial that ended on March 16, 2016, Bennett was convicted of committing major fraud against the United States and conspiring to pay more than $1.3 million in kickbacks and to defraud the United States at the Federal Creosote Superfund site in Manville, New Jersey. 

“Contractors cannot make payoffs to obtain government contracts,” said Acting Assistant Attorney General Renata Hesse for the Justice Department’s Antitrust Division.  “Today’s sentencing reaffirms the division’s dedication to prosecuting executives whose greed and illegal ploys undercut competition and defraud the United States.”

According to court documents, between 2001 and 2004 Bennett conspired with others at Bennett Environmental to pay kickbacks, that included money wired to a co-conspirator’s shell company, lavish trips and entertainment expenses and personal gifts, to the project manager at Federal Creosote in an effort to guarantee the award of soil treatment contracts to his company.  As a result of the payment of these kickbacks, Bennett Environmental was fraudulently awarded tens of millions of dollars in soil treatment and disposal contracts at Federal Creosote, and the company won contracts at higher prices than it otherwise would have bid, causing harm to the EPA. 

The investigation at Federal Creosote has resulted in the conviction of ten individuals and three companies of charges including major fraud against the United States, tax fraud, money laundering and obstruction of justice.  Criminal fines and restitution of more than $6 million also have been imposed and seven of the individuals have been sentenced to serve prison sentences ranging from 5 months to 14 years. 

Anyone with information concerning bid rigging, kickbacks, tax offenses or fraud relating to subcontracts awarded at Federal Creosote or Diamond Alkali Superfund sites should contact the Antitrust Division’s New York Office at 212-335-8000 or visit https://www.justice.gov/atr/contact/newcase.htm. 

           ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that on August 8, 2016, Defendants ERIC TEDTAOTAO AND MACRINA TEDTAOTAO, husband and wife, were sentenced by the Honorable Ramona Manglona, Chief Judge, in the District Court of Guam.   

           Both TEDTAOTAOS pled guilty to Conspiracy to Unlawfully Import Methamphetamine, in violation of Title 21, United States Code, Section 846, 952(a) and 960(b)(3).  ERIC TEDTAOTAO was a Department of Corrections (DOC) officer during the conspiracy.  He was sentenced to serve 71 months incarceration followed by three years of supervised release, and 100 hours of community service. Defendant MACRINA TEDTAOTAO was sentenced to serve 97 months in prison followed by three years of supervised release, and 100 hours of community service.

           On August 4, 2012, Bertha Moore (MACRINA’s aunt) arrived in Guam from the Philippines.  She was detained by Guam Customs and Quarantine who recovered three condoms containing methamphetamine from her rectum.  Moore was transporting the methamphetamine into Guam for ERIC and MACRINA TEDTAOTAO.  Moore was sentenced last year to 87 months in prison.

           U.S. Attorney Limtiaco stated, "Defendant ERIC TEDTAOTAO, at the time of the criminal activity, was a DOC officer and as law enforcement, violated the public's trust.  It is not uncommon for methamphetamine hydrochloride possession and distribution to be associated with violent and other criminal activity.  The drug has destructive and devastating effects on individuals, families and our community.  The U.S. Attorney’s Office is committed to the aggressive prosecution of drug traffickers."

           The investigation was conducted by Special Agents and Task Force Officers of the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Guam Police Department, Superior Court of Guam Probation Office, Guam Customs and Quarantine, U.S. Marshals Service, the Filipino National Police and the U.S. State Department.  The case was handled by Assistant U.S. Attorney Clyde Lemons, Jr.

A Houston, Texas, man was sentenced to more than two years in prison today for his role in a stolen identity refund fraud (SIRF) scheme, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Department of Justice’s Tax Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.

Denzel Roberts, 24, was sentenced by U.S. District Judge Lynn N. Hughes of the Southern District of Texas to serve 24 months in prison followed by a two year term of supervised release.  Judge Hughes ordered Roberts to pay $74,341 in restitution to the Internal Revenue Service (IRS).  In May, Roberts pleaded guilty to one count of theft of public money.

“The Justice Department is committed to aggressively prosecuting those who participate in schemes to steal personal information, infiltrate databases and assume identities in an effort to prepare and file fictitious tax returns seeking to line their pockets with fraudulently obtained refunds,” said Principal Deputy Assistant Attorney General Ciraolo.  “Individuals like Mr. Roberts, who receive the fraudulent refunds, especially through opening bank accounts in fictitious names, play key roles in these illegal schemes and substantially contribute to the loss to the U.S. Treasury and the damage inflicted on identity theft victims.  Working with our law enforcement partners, we will continue to seek lengthy prison terms and substantial monetary penalties for those who engage in this criminal conduct.”

“Today’s sentencing of Denzel Roberts for his role in a stolen identity refund fraud ring emphasizes how seriously IRS-Criminal Investigation (IRS-CI) and our law enforcement partners take the issue of identity theft,” said Chief Richard Weber for IRS-CI.  “Mr. Roberts may have thought that he would not get caught while acting as a conduit for ill-gotten gains, but he will now pay the price for stealing funds from the American tax system and honest citizens.”

According to court documents, Roberts participated in a scheme that used stolen personal identification information to file false federal income tax returns for tax year 2014.  Participants in the scheme obtained means of identification of actual individuals, including their names and social security numbers, and used this information to access the IRS’s “Get Transcript” database.  Using the stolen identities and information obtained from the Get Transcript database, other members of the scheme prepared and filed false tax returns fraudulently requesting refunds.  Roberts admitted using a fraudulent passport to open several bank accounts into which the refunds were deposited.  Roberts then withdrew the illicit proceeds, retaining a portion of the money as a fee and providing the remainder of the funds to others.

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Magidson thanked special agents of IRS-Criminal Investigation and the FBI Houston Area Cyber Crime Task Force, who investigated the case and Trial Attorneys Michael Boteler and Grace Albinson of the Tax Division, who are prosecuting this case with assistance from Assistant U.S. Attorney Jimmy Sledge of the Southern District of Texas.

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

Chiropractor Interfered with IRS Collection Efforts and Retired Firefighter Willfully Failed to File Return

Anna Allen and Martin Armendariz of El Paso, Texas, pleaded guilty today in the U.S. District Court for the Western District of Texas to tax crimes, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and U.S. Attorney Richard L. Durbin Jr., of the Western District of Texas.

Allen, a practicing chiropractor, and her husband, Armendariz, a retired El Paso firefighter, have not filed federal income tax returns since 2004.  Allen pleaded guilty to evading her 2009 individual income taxes.  Armendariz pleaded guilty to willfully failing to file a 2009 tax return.

According to the statement of facts accompanying the plea agreements, after the Internal Revenue Service (IRS) levied upon Allen’s bank accounts and accounts payable in order to collect back taxes, Allen sent threatening correspondence to her bank regarding the bank’s responses to the IRS’s levy requests and altered her banking habits to prevent any seizures.  Allen also instructed a third party to submit insurance billings on behalf of Allen’s chiropractic business using an Employment Identification Number assigned to another business in order to thwart the IRS’s collection efforts.  Armendariz failed to file a tax return for tax year 2009 for himself and his wife, thereby failing to report more than $211,000 in gross income.

U.S. District Judge Kathleen Cardone of the Western District of Texas set sentencing for both defendants on Oct. 13.  Allen faces a statutory maximum sentence of five years in prison and a maximum fine of $250,000.  Armendariz faces a statutory maximum sentence of one year in prison and a maximum fine of $100,000.

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Durbin commended special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorney Sean Beaty of the Tax Division and Assistant U.S. Attorney Donna Miller of the Western District of Texas, who prosecuted the case. 

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

Stolen Federal Tax Refunds Obtained from Fraudulent Income Tax Returns

A River Grove, Illinois, woman pleaded guilty today to stealing more than $93,000 from the United States, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.

According to the plea agreement, Rosa Alverio, 38, admitted that from March 2012 to December 2014, she participated in a scheme to steal money from the United States through the filing of false income tax returns.  Alverio deposited into her bank account income tax refunds that she knew were the proceeds of fraudulent tax returns.  According to the plea agreement, the fraudulent tax returns were filed in people’s names without their knowledge or consent.  Alverio admitted that as part of the scheme she caused 32 fraudulent tax refunds to be deposited into an account that she controlled.

Alverio, along with three codefendants, were charged on June 23, in a 24-count indictment with conspiracy to defraud the Internal Revenue Service (IRS) and theft of public money.  Sentencing is scheduled for Nov. 10.  Alverio faces a statutory maximum sentence of 10 years in prison, along with a fine of up to $250,000, and three years of supervised release. 

Principal Deputy Assistant Attorney General Ciraolo thanked agents of the IRS-Criminal Investigation, who investigated the case and Tax Division Trial Attorneys Ryan R. Raybould and Timothy M. Russo, who are prosecuting the case.  Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Northern District of Illinois for their substantial assistance in the case. 

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

New Federal Rule Helps States Plan for Historic Funding Increases

The Department of Justice today published a final rule expanding the ability of victim serving agencies and organizations across the nation to reach and serve more crime victims at a time of substantial increases in victim assistance funding.  Victims of Crime Act (VOCA) funding directed to the states for victim assistance has more than quadrupled in the last two fiscal years. 

“Supporting the victims of crime is as essential to the pursuit of justice as making arrests and prosecuting cases,” said Attorney General Loretta E. Lynch.  “This new rule significantly expands state and local agencies’ ability to reach survivors of a wide range of crimes, to help them recover from their ordeals, and to empower them to secure a brighter future for themselves and their loved ones.  I want to thank Congress for their outstanding commitment to the rights and well-being of victims, and I pledge that the Department of Justice will continue to do everything in our power to promote healing, restore lives, and secure meaningful justice for every American affected by crime.”

Federal funding for state victim assistance programs comes from the Crime Victims Fund, a repository of federal criminal fines, forfeitures and special assessments.  This fund does not include tax dollars.  The states, in turn, provide sub-grants to local public agencies and community service providers that help individuals, families and communities recover from both the initial trauma and the long-term effects of victimization. 

Congress raised the appropriations level of the Crime Victims Fund from $745 million in fiscal year 2014 to more than $2.3 billion in fiscal year 2015, effectively quadrupling the amount available for crime victim assistance programs.  Congress raised the cap again to more than $3 billion in fiscal year 2016.

The Victim of Crime Act (VOCA) Formula Victim Assistance Grant Program rule—clarifies and expands support for a continuum of services to crime victims, including:

• comprehensive legal assistance, including victims’ rights enforcement and civil legal assistance related to the victimization;
• transitional housing for victims of domestic violence, human trafficking and other crimes and expanded coverage of relocation expenses;
• forensic interviewing and some medical expenses;
• volunteer trainings, including support for Court Appointed Special Advocates; and
• victim-centered restorative justice.

The rule also emphasizes that programs that serve victims of elder abuse, human trafficking, financial fraud and other crimes are eligible for VOCA funding, and removes language that prevented VOCA funding from supporting services to victims in detention and correctional facilities.  The rule defines the statutory term victim of child abuse, to make clear that the term covers a broad array of harm inflicted on children and includes children who witness violence or who are victims of pornography.

The rule, which replaces the VOCA Victim Assistance Final Program Guidelines, is effective today following a 30 day period for public notice and comment after publication in the Federal Register. Recipients of VOCA Assistance grant funds from the Office for Victims of Crime must comply with the rule after the effective date.  For more information, click here.

Yesterday, a Austin, Texas, businessman was convicted by a federal jury on four counts of filing false tax returns and corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.

According to the evidence presented at trial, Victor Antolik owned and operated a commercial janitorial business in Austin, San Antonio and Houston, Texas, for which he used a variety of business names, including Diversified Building Services Inc., DBS Services Inc., Partners in Cleaning, PIC Building Services and BSI Industries.  Antolik also earned income as a real estate agent, real estate broker and property manager.  Antolik earned a portion of his real estate income through his companies SGN Realty Inc. and Signature Realty Services.  Antolik submitted to the Internal Revenue Service (IRS) four false individual income tax returns on which he underreported his income for tax years 2004, 2007 and 2008.  In addition, between 1998 and 2014, Antolik attempted to obstruct the IRS by, among other things, attaching altered Forms W-2 and 1099 to his tax returns, providing false information to his accountants that were used to prepare both corporate and individual income tax returns on his behalf and using nominees to conceal income and assets.

“The jury’s verdict holds Mr. Antolik accountable for his decades-long effort to conceal income and obstruct the IRS,” said Principal Deputy Assistant Attorney General Ciraolo.  “Individuals who file false tax returns and fail to pay their fair share threaten the integrity of our nation’s tax system.  The department, working with its partners at the IRS, remains committed to prosecuting those individuals who act as though they are above the law.”       

“Victor Antolik’s attempts to hide his income from the IRS finally caught up with him as a jury found him guilty of filing false returns and impeding the due administration of the IRS,” said Chief Richard Weber of the IRS-Criminal Investigation (IRS-CI). “Individuals who file false returns to avoid paying their fair share of taxes are simply stealing from honest American taxpayers.  The IRS and Department of Justice remain determined and vigilant in ferreting out such schemes and bringing these criminals to justice.”

Antolik faces a statutory maximum sentence of three years in prison on each count, as well as a term of supervised release and monetary penalties.  

Principal Deputy Assistant Attorney General Ciraolo thanked agents of the IRS-CI, who investigated the case and Tax Division Trial Attorneys Robert A. Kemins and David Zisserson, who prosecuted the case.  Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Western District of Texas for their substantial assistance.   

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

The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the state of Pennsylvania, announced today that Consol Energy Inc., CNX Coal Resources and Consol Pennsylvania Coal Co. LLC (Consol) have agreed to implement extensive water management and monitoring activities to prevent contaminated discharges of mining wastewater from the Bailey Mine Complex (Complex) in Greene and Washington Counties, Pennsylvania, to the Ohio River and its tributaries.

In a consent decree filed in federal court today in Pittsburgh, Pennsylvania, the company also agreed to continue to prevent certain discharges from the Complex, conduct regular long-term-monitoring to ensure sufficient storage capacity to prevent future discharges, develop contingency plans should future discharges become likely and implement an environmental management system to ensure compliance with the Clean Water Act and other applicable environmental laws.  In addition Consol, the largest producer of coal from underground mines in the United States, will pay a $3 million civil penalty for Clean Water Act violations.

“We will continue to vigorously protect our District’s waterways and other vital natural resources,” said U.S. Attorney David J. Hickton for the Western District of Pennsylvania.  “Today’s settlement ensures that our rivers remain safe for future generations to use and enjoy.” 

“Mining operations that discharge to our rivers, lakes and streams have an obligation to comply with our nation’s laws that protect those water bodies, as well as public health,” said Regional Administrator Shawn M. Garvin for the EPA.  “The actions required by today’s settlement represent a major step forward in protecting local waterways and the health of communities.”

The U.S. government’s complaint, filed concurrently with the settlement, alleges chronic exceedances of osmotic pressure (OP) and other limits in Consol’s Clean Water Act discharge permits.  The discharges primarily enter into tributaries of the Ohio River.  OP is the standard used in Pennsylvania to protect aquatic life from excess amounts of total dissolved solids (TDS).  Too much TDS going into a water body can increase the salinity of the water and harm aquatic life and impact drinking water quality.

“Protecting Pennsylvania’s waterways is a top priority of DEP and we will not allow companies to pollute our rivers and streams,” said Acting DEP Secretary Patrick McDonnell.  “CONSOL has agreed to improve their facilities to prevent future discharges, and the actions today will go a long way towards ensuring Pennsylvania’s waters are protected.”

Under the terms of the consent decree, Consol has agreed to:

• Complete and maintain certain water management measures to prevent discharges from certain outfalls at the Complex;
• Monitor and report quarterly and annually, to ensure adequate storage capacity to prevent future discharges;
• Submit and implement a plan for achieving long term compliance through advanced treatment in the event of projected exhaustion of storage capacity; 
• Develop and implement an environmental management system to ensure environmental compliance throughout the Complex; and,
• Pay a $3 million civil penalty.

These measures will continue to reduce TDS in mining waters discharged to streams from the Complex.  EPA estimates that implementation of the consent decree by Consol will eliminate more than 2.5 million pounds of pollutants in the form of TDS.

The consent decree, which is subject to a 30-day public comment period and final court approval, is available at: https://www.justice.gov/enrd/consent-decrees

ASCAP and BMI Licenses Must Continue to Allow Music Users to Publicly Perform All Works Held by Each Organization

The Department of Justice announced today the conclusion of its investigation into proposed modifications to antitrust consent decrees binding the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI), determining that no modifications are warranted at this time.  The investigation by the department’s Antitrust Division also confirmed that the consent decrees require each organization to offer “full-work” licenses that convey to radio stations, television stations, bars, restaurants, digital music services, and other music users the right to publicly perform, without risk of copyright infringement, all works in ASCAP’s and BMI’s repertories.  The Antitrust Division explained the bases for its conclusions in a detailed statement available at https://www.justice.gov/atr/antitrust-consent-decree-review-ascap-and-bmi-2015.

The Antitrust Division opened its investigation in 2014 following requests by ASCAP and BMI that the Antitrust Division join them in proposing modifications to the court-ordered consent decrees.  The Antitrust Division met and spoke with dozens of industry stakeholders on numerous occasions during the course of its investigation, and obtained the input of industry participants and members of the public through public comment solicitations in June 2014 and September 2015.  The Antitrust Division considered the views of all of these stakeholders before reaching its conclusions.

ASCAP and BMI are performing rights organizations that license public performance rights in compositions held by their hundreds of thousands of songwriter and publisher members.  Since 1941, when the United States originally brought civil antitrust lawsuits against ASCAP and BMI, both organizations have been subject to consent decrees, which are designed to prevent anticompetitive effects arising from their collective licensing of music performance rights.  Both consent decrees have been amended periodically since their entry.  The ASCAP consent decree was last amended in 2001 and the BMI consent decree was last amended in 1994. 

Closing Statement

Court Ordered Jailing of Return Preparer for Failure to Obey Court Orders

Today, Kevin Williams, a former tax return preparer, voluntarily surrendered to the U.S. Marshal’s Service.  On July 21, a federal district court in Memphis, Tennessee, issued the warrant for the arrest of Williams for his civil contempt in failing to follow the court’s earlier orders regarding his tax return preparation activities.

On April 4, the U.S. District Court for the District of Tennessee barred Williams, his wife, Stephanie Edmond, and their businesses, the Tax Firm and the Tax Factory, from preparing tax returns.  At that time, the court also ordered Williams and Edmond to turn over to the United States all of the fees they received from preparing returns since Jan. 15.  On July 21, the court determined that Williams not only failed to turn over the fees collected by the Tax Firm to the United States but instead spent funds on a down payment for a Lexus, gambling and new home furnishings.  In addition to these expenditures, the court found that Williams continued to pay his return preparers, including his step-daughter to whom he gave more than $33,000.  Based upon these findings, the court found Williams in civil contempt and ordered him to be incarcerated until he paid $25,000 to the United States. 

In its July 21 order, the district court found Edmond in civil contempt but also determined that she currently lacked the financial resources to pay the United States.  The court ordered that she be jailed if she failed to obtain employment within 90 days and begin to pay the government $25,000 in monthly installments of $500.

Return preparer fraud is one of the Internal Revenue Service’s (IRS) Dirty Dozen Tax Scams for 2016.  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 Guilford County, North Carolina, resident pleaded guilty today to four counts of aiding and assisting in the preparation of false tax returns, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Ripley Rand of the Middle District of North Carolina. 

Marvin Flythe, 53, admitted that he ran a tax preparation business in Greensboro, North Carolina, called “TAXHOVA.”  Between January 2012 and January 2015, Flythe admitted preparing and filing numerous individual income tax returns for clients on which he reported false business losses and false unreimbursed employee business expenses.  Flythe maintained a YouTube video channel on which he advertised TAXHOVA.  Flythe admitted to filing at least 36 false returns for clients, for which $130,949 in fraudulent refunds were paid.  Flythe also admitted to filing false personal returns for himself for tax years 2011, 2012 and 2013 and to failing to file his 2014 return.

Flythe is scheduled to be sentenced on Nov. 14.  He faces a statutory maximum sentence of three years in prison for each count of aiding and assisting in the preparation of false tax returns, as well as a term of supervised release and monetary penalties.

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Rand commended special agents of Internal Revenue Service Criminal Investigation, who investigated the case, and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Anand Ramaswamy of the Middle District of North Carolina, who are prosecuting this case.

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

Today, the President made grants of commutation of sentences to the following 214 individuals:

·         Timothy Adams – Hartsville, SC

Offense: Conspiracy to possess with intent to distribute and distribute cocaine base (crack); Middle District of North Carolina

Sentence: Life imprisonment; 10 years' supervised release (August 2, 1995)

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

·         Asher Adkins – Columbia City, IN

Offense: Distribution of methamphetamine and aiding and abetting (two counts); distribution of methamphetamine (three counts); use or carrying a firearm during a drug trafficking crime (two counts); distribution of more than 100 grams of methamphetamine (two counts); Northern District of Indiana

Sentence: 624 months’ imprisonment; five years' supervised release (January 3, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Jamonte L. Allison – Carbondale, IL

Offense: Conspiracy to distribute five grams or more of "crack cocaine"; Southern District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (September 6, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Joe Alvarado – Ogden, UT

Offense: Possession with intent to distribute methamphetamine (two counts); possession of a firearm and ammunition by convicted a felon; District of Utah

Sentence: Life imprisonment (October 13, 2004)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Tyrell L. Anthony – Kershaw, SC

Offense: Possession with intent to distribute 50 grams or more of cocaine base (crack cocaine); willfully failing to appear; District of South Carolina

Sentence: 240 months' imprisonment; 10 years' supervised release (July 28, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Reinaldo A. Arocho – Lake Station, IN

Offense: Drug conspiracy; maintaining a drug house; distribution of crack cocaine; carrying a firearm during drug trafficking; attempting to corruptly persuade a witness; Northern District of Indiana

Sentence: 387 months' imprisonment; 10 years' supervised release (January 19, 2000); amended to 300 months' imprisonment (January 18, 2011)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Jose Carlos Arras, Jr. – Albuquerque, NM

Offense:         1. Conspiracy to import; conspiracy to wit: possession with intent to

                        distribute 100 kilograms and more of marijuana; District of New Mexico

2. Supervised release violation (Importation of a quantity of marijuana); Western District of Texas

Sentence:        1. 262 months' imprisonment; eight years’ supervised release (November 4, 2002)

2. 10 months' imprisonment (consecutive) (November 4, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Sidney J. Ball – Lenox, GA

Offense: Possession with intent to distribute 12.04 kilograms of cocaine; Southern District of Texas

Sentence: 240 months' imprisonment; 10 years' supervised release (January 30, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Lloyd Battles – Columbia, SC

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base, aiding and abetting; Southern District of Texas

Sentence: Life imprisonment; 10 years' supervised release (December 6, 2002)

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

·         David Bell – Miami, FL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute a detectable amount of cocaine base; possession with intent to distribute five grams or more of cocaine base (three counts); Southern District of Florida

Sentence: 262 months' imprisonment; five years' supervised release (February 12, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Pauline K. Blake – West Valley City, UT

Offense: Possession of methamphetamine with intent to distribute; conspiracy or attempt to manufacture methamphetamine (two counts); establishment of a manufacture operation; possession of a listed chemical (two counts); District of Utah

Sentence: 210 months' imprisonment; five years' supervised release; $2,000 restitution (January 7, 2002); amended to 292 months' imprisonment (January 27, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Deborah Lucille Blue – Alcoa, TN

Offense:         1. Distribution of cocaine base (two counts); possession with intent to

                        distribute cocaine base; Eastern District of Tennessee

2. Supervised release violation (distribution of cocaine hydrochloride);

Eastern District of Tennessee

Sentence:        1. 292 months' imprisonment; eight years’ supervised release (February

23, 2007); amended to 234 months’ imprisonment (May 16, 2014)

2. 3 months' imprisonment (consecutive) (February 23, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Marston Edward Blue – District Heights, MD

Offense: Conspiracy to possess with intent to distribute and distribute heroin and cocaine; felon in possession of firearm; possess with intent to distribute heroin, aiding and abetting; District of Maryland

Sentence: Life imprisonment; 10 years' supervised release (November 25, 2002 (on remand))

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Lucius Boswell – Madison, GA

Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base (two counts); Middle District of Georgia

Sentence: Life imprisonment; 10 years' supervised release (September 5, 1997)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Joshua Boyer – Tampa, FL

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession of a firearm in furtherance of a drug trafficking offense; possession of a firearm not registered in the National Firearms Registration and Transfer Record; Middle District of Florida

Sentence: 288 months' imprisonment; five years' supervised release (November 27, 2001)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Debra R. Brown – Nashville, TN

Offense: Distribution of 50 grams or more of cocaine base to a person under 21; Middle District of Tennessee

Sentence: 240 months' imprisonment; 10 years' supervised release (November 18, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Eddie Lee Brown – Brunswick, GA

Offense: Distribution of cocaine hydrochloride (two counts); Southern District of Georgia

Sentence: 262 months' imprisonment; six years' supervised release (June 12, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Patrick A. Brown – Alexandria, VA

Offense: Felon in possession of a firearm, aiding and abetting (two counts); possession with intent to distribute cocaine base, aiding and abetting; District of Maryland

Sentence: Life imprisonment; three years' supervised release (August 8, 1997)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Timothy Aaron Brown – Warren, OH

Offense: Possession with intent to distribute cocaine; Central District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release (April 3, 2009)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Jose Luis Buenrostro – Stockton, CA

Offense: Conspiracy to manufacture methamphetamine; Eastern District of California

Sentence: Life imprisonment; 10 years' supervised release (January 8, 1997)

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

·         Barry Charles Butler – 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 (March 30, 2006)

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

·         Charles Bynum – Torrance, CA

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

Sentence: Life imprisonment; 10 years' supervised release (May 27, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Annette Maria Canania – DeSoto, 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: 240 months' imprisonment; three years' supervised release (December 22, 2006); amended to 210 months' imprisonment (April 27, 2015)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Jose Manuel Candelario – Miami, FL

Offense: Conspiracy to possess with intent to distribute Schedule II (crack cocaine) controlled substance; possess with intent to distribute Schedule II (crack cocaine) controlled substance; Southern District of Alabama

Sentence: Life imprisonment; five years' supervised release (April 21, 1994); amended to 360 months’ imprisonment (May 17, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Ralph Casas – North Miami Beach, FL

Offense: Conspiracy to possess with intent to distribute and distribute 9,445 kilograms of cocaine; District of Puerto Rico

Sentence: Life imprisonment; five years' supervised release (April 19, 2002)

Commutation Grant: Prison sentence commuted to a term of 292 months' imprisonment.

·         Willie Chester – Waco, TX

Offense: Possession of a firearm by felon; false statement in acquisition of firearm; Western District of Texas

Sentence: 264 months' imprisonment; five years' supervised release; $3,000 fine (March 26, 1992)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Donyelle Childs – Clearwater, FL

Offense: Possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Middle District of Florida

Sentence: 262 months' imprisonment; five years' supervised release (January 12, 2006)

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

·         Kenneth Choice – Chicago, IL

Offense: Conspiracy to possess with intent to deliver narcotics; possession with intent to deliver narcotics; Northern District of Illinois

Sentence: Life imprisonment; five years' supervised release (September 24, 1999); amended to life imprisonment; eight years’ supervised release (June 9, 2004); amended to 324 months’ imprisonment (February 1, 2016)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Osvaldo Cisneros-Gutierrez – Earlimart, CA

Offense: Conspiracy to possess with intent to distribute in excess of 500 grams of methamphetamine; Northern District of Texas

Sentence: 292 months' imprisonment; three years' supervised release (October 13, 2006)

Commutation Grant: Prison sentence commuted to a term of 228 months' imprisonment.

·         Mark Anthony Clark – Rockford, IL

Offense: Conspiracy; possession with intent to distribute 100 grams or more of methamphetamine and aiding and abetting; possession with intent to distribute amphetamine; possession of a firearm by a felon/fugitive from justice and aiding and abetting; Northern District of Texas

Sentence: Life imprisonment; six years' supervised release (September 1, 1995)

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

·         Antonio Cobb – Bloomington, IL

Offense: Distribution of cocaine base; Central District of Illinois

Sentence: Life imprisonment; 10 years' supervised release (February 28, 2003)

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

·         Jimmie Clyde Collins – Joshua, TX

Offense: Conspiracy to possess a controlled substance with intent to distribute; possession of a controlled substance with intent to distribute and aiding and abetting; using a drug involved premises and aiding and abetting; possession of a firearm in furtherance of a drug trafficking crime; possession of a controlled substance with intent to deliver; possession of a firearm during and in relation to a drug trafficking crime; Northern District of Texas

Sentence: 370 months' imprisonment; five years' supervised release (February 11, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Dewayne L. Comer – Syracuse, NY

Offense: Engaging in a continuing criminal enterprise; conspiracy to possess with the intent to distribute and to distribute cocaine and cocaine base; distribution of cocaine base (two counts); possession with the intent to distribute cocaine base; possession with the intent to distribute cocaine; Northern District of New York

Sentence: Life imprisonment; five years' supervised release (December 8, 1997)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Jason Andrew Comer – Weyers Cave, VA

Offense: Aid and abet in the possession with intent to distribute 500 grams or more of methamphetamine; Western District of Virginia

Sentence: 240 months' imprisonment; five years' supervised release (October 23, 2007)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Delaria Antwan Conway – Laurens, SC

Offense: Possession with intent to distribute five grams or more of crack cocaine and a quantity of cocaine (two counts); District of South Carolina

Sentence: 262 months' imprisonment; eight years' supervised release (December 17, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Eugene Ross Cousins – Greenville, VA

Offense: Distribution of methamphetamine (two counts); possess a firearm in furtherance of a drug trafficking crime (two counts); drug user in possession of firearm (two counts); Western District of Virginia

Sentence: 406 months' imprisonment; three years' supervised release (August 8, 2007); amended to 397 months' imprisonment (April 4, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Lavon A. Crockett – Kansas City, KS

Offense: Possession with intent to distribute five grams or more of a mixture and substance containing cocaine base ("crack cocaine"); District of Kansas

Sentence: 188 months' imprisonment; four years' supervised release (December 6, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Darnell Crookshank – West Covina, CA

Offense: Conspiracy to manufacture phencyclidine; manufacture with intent to distribute phencyclidine, aiding and abetting; possession with intent to distribute phencyclidine; Central District of California

Sentence: Life imprisonment; 10 years' supervised release (June 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Dawan Croskery – Buffalo, NY

Offense: Engaging in a continuing criminal enterprise; money laundering; Western District of New York

Sentence: 240 months' imprisonment; five years' supervised release (December 16, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Andrew Crumbly – Fort Myers, FL

Offense: Possession with intent to distribute a detectable amount of cocaine base, crack cocaine (three counts); Middle District of Florida

Sentence: 235 months' imprisonment; six years' supervised release (February 14, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

·         Morris Dabbs – Trenton, NJ

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

Sentence: 360 months' imprisonment; 10 years' supervised release (February 29, 2000); amended to 291 months’ imprisonment (August 2, 2011); amended to 240 months’ imprisonment (October 6, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Ricky Darden – Kinston, NC

Offense: Possession with intent to distribute cocaine base (crack); District of Maryland

Sentence: Life imprisonment; 10 years' supervised release (April 16, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Lenwood Davies – Wabasso, FL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Southern District of Florida

Sentence: 180 months' imprisonment; five years' supervised release (November 15, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Richard Lawrence Davis – St. Louis, MO

Offense:         1. Possession with intent to distribute cocaine base; Eastern District of

Missouri

2. Possession with intent to distribute cocaine base; carrying a firearm during and in relation to a drug trafficking crime; Eastern District of Missouri

Sentence:        1. 240 months' imprisonment; 10 years’ supervised release (June 15, 2004)

2. 93 months' imprisonment (concurrent) (March 4, 2005); amended to 75 months' imprisonment (November 18, 2011)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Terry Davis – Monroe, LA

Offense: Distribution of cocaine base; Western District of Arkansas

Sentence: 240 months' imprisonment; 10 years' supervised release (September 8, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Christopher M. Dees – Pensacola, FL

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of a mixture and substance containing a detectable amount of cocaine base; Northern District of Florida

Sentence: Life imprisonment; 10 years' supervised release; $1,000 fine (September 1, 2004)

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

·         Jose Del Valle – Philadelphia, PA

Offense: Conspiracy to possess with the intent to distribute five kilograms or more of cocaine; possession with the intent to distribute five kilograms or more of cocaine and aiding and abetting; Eastern District of Pennsylvania

Sentence: Life imprisonment; 10 years' supervised release (September 7, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Maynard Dennis – Liverpool, NY

Offense: Possession with intent to distribute cocaine base; possession of a firearm by a convicted felon; Northern District of New York

Sentence: 300 months' imprisonment; eight years' supervised release (September 7, 2005)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Bobbie Jo Diers – Romeoville, IL

Offense: Conspiracy to distribute 50 grams or more of cocaine base ("crack"); possession with intent to distribute 50 grams or more of cocaine base ("crack"); Central District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release (April 12, 2010)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         James J. Dino – Upper Tumon, GU

Offense:         1. Possession of methamphetamine with intent to distribute; District of

                        Guam

2. Supervised release violation (possession with intent to distribute crystal methamphetamine); District of Guam

Sentence:        1. 240 months' imprisonment;10 years’ supervised release (October 19, 2006)

2. 60 months' imprisonment (concurrent) (October 19, 2006)

Commutation Grant: Prison sentence commuted to a term of 193 months’ imprisonment.  

·         Scottie Ladon Dixon – Atmore, AL

Offense: 1. Conspiracy to possess with intent to distribute crack cocaine; 2. Violation of supervised release (conspiracy to possess with intent to distribute crack cocaine); 1. Southern District of Alabama; 2. Southern District of Alabama

Sentence: 1. Life imprisonment; 2. 33 months' imprisonment (concurent); 1. 10 years' supervised release (1. & 2. May 18, 2010)

Commutation Grant: Prison sentence commuted to a term of 221 months' imprisonment.

·         Thomas Duncan – Columbia, TN

Offense: Possession of cocaine base with intent to distribute; possession of a firearm in furtherance of a drug trafficking offense; felon in possession of a firearm; possession of five grams or more of cocaine base with intent to distribute; Eastern District of Tennessee

Sentence: 352 months' imprisonment; eight years' supervised release (September 23, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Vincent Duval – Bradenton, FL

Offense: Possession with intent to distribute five grams or more of cocaine base; Middle District of Florida

Sentence: 262 months' imprisonment; eight years' supervised release (October 28, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         William Ennis – El Paso, TX

Offense: Conspiring to possess with intent to distribute a controlled substance, to wit: cocaine more than five kilograms; possession with intent to distribute a controlled substance, to wit: cocaine more than five kilograms; using a communication device to facilitate the commission of a felony; Western District of Texas

Sentence: Life imprisonment; 10 years' supervised release; $5,000 fine (July 17, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Kenneth Evans – Fort Worth, TX

Offense: Conspiracy; possession with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base and aiding and abetting; use and carry firearm during and in relation to a drug trafficking crime and aiding and abetting; Northern District of Texas

Sentence: Life imprisonment plus 60 months; five years' supervised release (August 20, 1993)

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

·         Ronald Evans – Norfolk, VA

Offense: Conspiracy to distribute and possession with intent to distribute cocaine, heroin, and a mixture containing cocaine base; possession with intent to distribute heroin (three counts); possession with intent to distribute cocaine; possession with intent to distribute a mixture or substance containing cocaine base (two counts); Eastern District of Virginia

Sentence: Life imprisonment; five years' supervised release (July 30, 1993); amended to 360 months' imprisonment (March 16, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Ronald Evans – New York, NY

Offense:         1. Possession with intent to distribute in excess of five grams of cocaine

base; District of Maine

2. Supervised release violation (possession with intent to distribute cocaine base); District of Maine

Sentence:        1. 270 months' imprisonment; eight years’ supervised release (August 13, 2003)

2. 12 months' imprisonment (concurrent) (August 13, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         James Oliver Fambro – Decatur, GA

Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession of a firearm by a convicted felon; possession of a firearm during and in relation to a drug trafficking offense; Northern District of Florida

Sentence: 300 months' imprisonment; 10 years' supervised release, $500 fine (April 5, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         J. B. Farris, Jr.  – Atlanta, GA

Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine; possession of a firearm during a drug trafficking crime; Northern District of Georgia

Sentence: 360 months' imprisonment; 10 years' supervised release (January 26, 1993)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Corey Ferguson – Bowling Green, KY

Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine; distribution of cocaine, aiding and abetting; Western District of Kentucky

Sentence: 300 months' imprisonment; eight years' supervised release (May 5, 2008)

Commutation Grant: Prison sentence commuted to a term of 202 months' imprisonment.

 

·         Alejandro Flores – Mission, TX

Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine; traveling in interstate commerce to facilitate a criminal activity; Northern District of Georgia

Sentence: Life imprisonment; 10 years' supervised release (November 10, 2005)

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

·         Raul Camargo Flores – Lubbock, TX

Offense: Possession with intent to distribute more than 50 grams of methamphetamine and aiding and abetting; Northern District of Texas

Sentence: 292 months' imprisonment; 10 years' supervised release (February 7, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Felix Monroe Fort – Birmingham, AL

Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine; Northern District of Alabama

Sentence: 360 months' imprisonment; four years' supervised release (November 18, 1998)

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

·         Raymond Fox – New York, NY

Offense: Conspiracy to distribute and possess with intent to distribute cocaine and cocaine base; distribution and possession with intent to distribute cocaine and cocaine base; Southern District of New York

Sentence: 240 months' imprisonment; 10 years' supervised release (August 2, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Charles Franklin – St. Louis, MO

Offense: Possession with intent to distribute over 50 grams of cocaine base (crack); possession with the intent to distribute heroin; possession with intent to distribute cocaine; Eastern District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (July 7, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Cleveland R. Franklin, Jr. – Indianapolis, IN

Offense: Possession with intent to distribute 50 grams or more of a substance containing cocaine base; carrying a firearm during a drug trafficking crime; Southern District of Indiana

Sentence: 300 months' imprisonment; 10 years' supervised release; $1,000 fine (November 17, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Michael L. Franklin – Kansas City, MO

Offense: Possession with intent to distribute cocaine base; Western District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (January 3, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Toddrick Onterio Franklin – St. Petersburg, FL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; being a previously convicted felon in possession of a firearm in and affecting interstate commerce; Middle District of Florida

Sentence: 300 months' imprisonment; 120 months' supervised release (March 21, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         William Anthony Freeman – Detroit, MI

Offense: Conspiracy to distribute cocaine; Eastern District of Michigan

Sentence: 480 months' imprisonment; five years' supervised release (December 14, 1990)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Thomas R. Fuller – Kansas City, MO

Offense: Conspiracy to distribute crack cocaine; aiding and abetting to distribute crack cocaine; possession with intent to distribute crack cocaine; possession of a firearm in relation to a drug trafficking crime; felon in possession of a firearm; Western District of Missouri

Sentence: 300 months' imprisonment; 10 years' supervised release (August 7, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         John Nicholas Gargano – Folcroft, PA

Offense:         1. Conspiracy to distribute methylenedioxymethamphetamine and

                        ketamine; distributing and possessing with intent to distribute

methamphetamine; distributing and possessing with intent to distribute ecstasy; Southern District of New York

2. Conspiracy to commit identification fraud and credit card fraud; unauthorized use of access devices; Southern District of New York

3. Conspiracy to distribute and possess with intent to distribute more than 1.5 kilograms of methamphetamine; District of New Jersey

Sentence:        1. 240 months' imprisonment; 10 years’ supervised release (November 30, 2004)

2. 10 years' imprisonment (concurrent); three years’ supervised release; $212,379.38 restitution (November 30, 2004)

3. 100 months' imprisonment (concurrent); five years' supervised release (September 8, 2010)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Enrique Garza – Zolfo Springs, FL

Offense: Conspiracy to possess with intent to distribute methamphetamine; possess with intent to distribute methamphetamine; attempt to possess with intent to distribute methamphetamine; Middle District of Florida

Sentence: 480 months' imprisonment; 10 years' supervised release (July 17, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Jesse James Gentry – Grand Prairie, TX

Offense: Possession of more than 50 grams of crack cocaine with intent to distribute; Northern District of Texas

Sentence: 262 months' imprisonment; five years' supervised release (February 3, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

·         Bernard Gibson, Sr. – Temple Hills, MD

Offense: Conspiracy to possess with intent to distribute controlled drug substances: heroin and cocaine; District of Maryland

Sentence: Life imprisonment; 10 years' supervised release (April 15, 1996)

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

·         Steve P. Gillespie – Greeneville, TN

Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Tennessee

Sentence: 262 months' imprisonment; eight years' supervised release (August 16, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

·         Derrick Glass – Youngstown, OH

Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; felon in possession of a firearm; Northern District of Ohio

Sentence: 240 months' imprisonment; 10 years' supervised release (March 14, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Fred M. Glover – Washington, DC

Offense: Unlawful distribution of five grams or more of cocaine base; unlawful distribution of a controlled substance within 1,000 feet of a school (three counts); unlawful distribution of 50 grams or more of cocaine base (two counts); District of Columbia

Sentence: Life imprisonment; 10 years' supervised release (October 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Will A. Goines, Jr.  – Chicago, IL

Offense: Distribution of cocaine base ("crack") (three counts); Central District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release (June 14, 2010)

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

 

·         Michael Goldsby – Cleveland, OH

Offense: Possession with intent to distribute 5.88 grams of cocaine base; Northern District of Ohio

Sentence: 383 months' imprisonment; eight years' supervised release (November 19, 1997); amended to 360 months' imprisonment (August 31, 2000)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Ramon Gonzalez – San Juan, TX

Offense: Conspiracy to possess, with intent to distribute 4506.65, kilograms of marijuana; possession with intent to distribute 4506.65 kilograms of marijuana; Southern District of Texas

Sentence: Life imprisonment; life term supervised release (January 20, 2009)

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

 

·         Edgar Gonzalez-Valentin – Mayagüez, PR

Offense: Conspiracy to import cocaine, aiding and abetting; importation of cocaine; possession with intent to distribute cocaine; possession of firearm in relation to drug trafficking crime (two counts); District of Puerto Rico

Sentence: 595 months' imprisonment; five years' supervised release (July 10, 1992); amended to 511 months' imprisonment (August 19, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Christopher Green – Waycross, GA

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine hydrochloride and crack cocaine; possession with intent to distribute crack cocaine (two counts); Southern District of Georgia

Sentence: Life imprisonment (December 23, 1997)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Randy P. Green – Sikeston, MO

Offense: Conspiracy to distribute methamphetamine; Eastern District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (November 7, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Samuel Grooms – Clinton Township, MI

Offense: Conspiracy with intent to distribute heroin; attempted possession with intent to distribute heroin; Eastern District of Michigan

Sentence: Life imprisonment; 10 years' supervised release (May 23, 2005)

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

 

·         Steven C. Hall – Gonzales, LA

Offense:         1. Conspiracy to possess with intent to distribute cocaine base; distribution

of cocaine base; Middle District of Louisiana    

2. Supervised release violation (conspiracy to possess with intent to distribute cocaine base; distribution of cocaine base); Middle District of Louisiana

Sentence:        1. 240 months' imprisonment; 10 years’ supervised release (April 22, 2005)

2. 45 months' imprisonment (consecutive) (February 16, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Stephen Ramont Hardridge  – Tulsa, OK

Offense: Conspiracy to possess with intent to distribute five kilograms or more of a mixture containing a detectable amount of cocaine and 50 grams or more of a mixture containing a detectable amount of cocaine base; Northern District of Oklahoma

Sentence: 292 months' imprisonment; 10 years' supervised release; $10,000 fine (November 25, 2002 (on remand)); amended to 240 months' imprisonment (June 10, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $10,000 fine remitted.

 

·         Steven R. Hardy – Tampa, FL

Offense: Conspiracy to possess with intent to distribute, and to distribute, more than 5 kilograms of cocaine and more than 50 grams of cocaine base; possession with intent to distribute and distribution of more than 50 grams of cocaine base; Middle District of Florida

Sentence: Life imprisonment; 10 years' supervised release (November 14, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Donella Marie Harriel – Stuart, FL

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

Sentence: 264 months' imprisonment; 10 years' supervised release (March 17, 2004)

Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment and 10-year term of supervised release commuted to a four-year term of supervised release.

 

·         Benjamin Harris – Dallas, TX

Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribution of 50 grams or more of cocaine base; possession with intent to distribute MDMA, cocaine and 50 grams or more of cocaine base; possession of a firearm by a convicted felon; possession of a firearm during and in relation to a drug trafficking crime; Middle District of Louisiana

Sentence: 226 months' imprisonment; five years' supervised release (February 23, 2007)

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

 

·         Christopher J. Heath – Ridgway, IL

Offense: Conspiracy to manufacture more than 500 grams of a mixture and substance containing methamphetamine; Southern District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (February 24, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Wilson Henderson – Hollywood, FL

Offense: Possession with intent to distribute cocaine base (incorrectly listed on the judgment as cocaine); use of a firearm during a drug trafficking crime; Southern District of Georgia

Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (August 20, 1992)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         John A. Hill – Cleveland, OH

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

Sentence: Life imprisonment (July 16, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Robert Hill – Washington, DC

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base (three counts); Eastern District of Virginia

Sentence: 480 months' imprisonment; 10 years' supervised release (September 20, 2004)

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

 

·         Marcell Hogans – St. Louis, MO

Offense: Distribution of cocaine base; Eastern District of Missouri

Sentence: 168 months' imprisonment; three years' supervised release (August 21, 2008)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Kenneth Bronson Hughes – Charlotte Court House, VA

Offense: Conspiracy to distribute more than 50 grams of cocaine base; possess with intent to distribute more than 50 grams of cocaine base; Western District of Virginia

Sentence: 334 months’ imprisonment; five years’ supervised release (September 3, 2003); amended to 272 months’ imprisonment (September 2, 2008); amended to 218 months’ imprisonment (March 4, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Deangelo Hunt – Richmond, 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; Eastern District of Virginia

Sentence: 180 months' imprisonment; five years' supervised release (February 1, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Courtney D. Hurt – Tamms, IL

Offense: Possession with intent to distribute five grams or more of a mixture and substance containing cocaine base; Southern District of Illinois

Sentence: 360 months' imprisonment; eight years' supervised release; $1,000 fine (July 25, 2008)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, and unpaid balance of $1,000 fine remitted, conditioned upon enrollment in residential drug treatment.

 

·         Alfonzo Ingram – Rowlett, TX

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

Sentence: 300 months' imprisonment; five years' supervised release; $1,000 fine (June 16, 2004)

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

 

·         Anthonial Irick – Cameron, SC

Offense: Possession with intent to distribute over five kilograms of cocaine; possession of a firearm during a drug trafficking crime; Middle District of Georgia

Sentence: 180 months' imprisonment; five years' supervised release (May 18, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Albert Jackson – Mount Vernon, IL

Offense: 1. Conspiracy to distribute cocaine; distribution of cocaine; 2. Conspiracy to distribute cocaine; possession with intent to distribute more than 500 grams of cocaine; Central District of Illinois

Sentence: 1. 262 months' imprisonment; 2. 480 months' imprisonment (consecutive); 1. 10 years' supervised release; 2. eight years' supervised release (1. August 19, 1991; 2. November 7, 1994)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Dickey Joe Jackson – Boyd, TX

Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine (two counts); felon in possession of a firearm;  possession of an unregistered firearm (two counts); Northern District of Texas

Sentence: Life imprisonment; five years' supervised release (May 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Elmer Jackson – Bushnell, FL

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

Sentence: Life imprisonment; 10 years' supervised release (December 19, 2002)

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

 

·         Eugene Ernst Jackson – Baltimore, MD

Offense: Conspiracy to distribute and possess with intent to distribute narcotics; distribution and possession with narcotics, aiding and abetting; District of Maryland

Sentence: Life imprisonment; 10 years' supervised release (July 19, 2002)

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

 

·         Tommy Merrel Jackson – Boyd, TX

Offense: Conspiracy to possess with intent to distribute methamphetamine; Northern District of Texas

Sentence: Life imprisonment; five years' supervised release (May 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Tyrand James – Youngstown, OH

Offense: Distribution of cocaine (two counts); distribution of cocaine base; Northern District of Ohio

Sentence: 240 months' imprisonment; 10 years' supervised release (March 16, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Bernard Jennings – Vero Beach, FL

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

Sentence: Life imprisonment; 10 years' supervised release (November 12, 1993)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Douglas George Jensen – Whitefish, MT

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

Sentence: Life imprisonment; 10 years' supervised release (February 24, 2004)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Derrick Anthony Johnson – Richmond, VA

Offense: Conspiracy to distribute cocaine base; as principle or aider and abettor, possessed with intent to distribute cocaine base; Western District of Virginia

Sentence: 360 months' imprisonment; 10 years' supervised release (January 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Frederico Johnson – Kansas City, MO

Offense: Distribution of five grams or more of cocaine base; Western District of Missouri

Sentence: 262 months' imprisonment; eight years' supervised release (July 23, 2007)

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

 

·         Matthew Troy Johnson – Baltimore, MD

Offense: Possession with intent to distribute cocaine and cocaine base, aiding and abetting; District of Maryland

Sentence: 262 months' imprisonment; three years' supervised release (November 12, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Walter Lee Johnson – Shreveport, LA

Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine hydrochloride; conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Western District of Louisiana

Sentence: Life imprisonment; 10 years' supervised release (September 14, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Arnold Ray Jones – Lubbock, TX

Offense: Distribution of less than 50 grams of cocaine base and aiding and abetting; Northern District of Texas

Sentence: 235 months' imprisonment; four years' supervised release (November 22, 2002)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Jeffrey Lynn Jones – Eugene, OR

Offense: Manufacturing methamphetamine; conspiracy to manufacture methamphetamine; District of Oregon

Sentence: 262 months' imprisonment; five years' supervised release (November 3, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Vernon Jones – Evansville, IN

Offense: Possession with intent to distribute in excess of 50 grams of cocaine base (mixture); distribution of cocaine base (mixture) (two counts); Southern District of Indiana

Sentence: 360 months' imprisonment; five years' supervised release (June 9, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Albert J. Josey, Jr. – Sayreville, NJ

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

Sentence: 262 months' imprisonment; five years' supervised release; $1,000 fine (October 3, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $1,000 fine remitted.

 

·         Keldren Joshua – Los Angeles, CA

Offense: Conspiracy to possess with intent to distribute a controlled substance; Central District of California

Sentence: 188 months' imprisonment; five years' supervised release (August 21, 2006); amended to 168 months' imprisonment (November 10, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Cory Baker Kamerud – Aberdeen, SD

Offense: Conspiracy to distribute methamphetamine; Northern District of Iowa

Sentence: 240 months' imprisonment; 10 years' supervised release (May 7, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Charceil Kellam – Berryville, VA

Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribute 50 grams or more of cocaine base; distribution of cocaine base; distribute more than 5 grams of cocaine base; Western District of Virginia

Sentence: Life imprisonment; 10 years' supervised release (August 24, 2007)

Commutation Grant: Prison sentence commuted to a term of 160 months' imprisonment.

 

·         Kenneth Lee Kelley – Westville, OK

Offense: Felon in possession of firearm after former conviction (two counts); possession of stolen firearm; attempt to manufacture methamphetamine (three counts); possession with intent to deliver methamphetamine; possession with intent to deliver methamphetamine; possession with intent to distribute methamphetamine; possession of methamphetamine; possesssion of a firearm in furtherance of a drug trafficking crime; Eastern District of Oklahoma

Sentence: 360 months' imprisonment; eight years' supervised release  (April 27, 2004)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Milton Kemp – Jewell, GA

Offense: Conspiracy to possess with intent to distribute and to distribute crack cocaine; distribution of crack cocaine; Southern District of Georgia

Sentence: 280 months' imprisonment; 10 years' supervised release (April 19, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Joseph Willie Kennedy – Randallstown, MD

Offense: Conspiracy to distribute and possess with intent to distribute a mixture or substance containing a detectable amount of cocaine, aiding and abetting; District of Maryland

Sentence: Life imprisonment (December 14, 1992)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Delinege King – Houston, TX

Offense: Possession with intent to distribute more than 50 grams of cocaine base; Eastern District of Louisiana

Sentence: 240 months' imprisonment; 10 years' supervised release (November 27, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Vince Cordell King – Detroit, MI

Offense: Possession with intent to distribute cocaine base (two counts); using or carrying of a firearm during and in relation to a drug trafficking crime; felon in possession of a firearm; Eastern District of Michigan

Sentence: Life plus five years' imprisonment; eight years' supervised release (May 21, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Kent Edward Kiser – Manassas, VA

Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine; possession of a firearm in furtherance of drug trafficking; Eastern District of Virginia

Sentence: 270 months' imprisonment; eight years' supervised release (March 10, 2006)

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

 

·         James LaRon Knight – Jonesboro, GA

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

Sentence: 292 months' imprisonment; five years' supervised release (November 23, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Derrick Tyrone Lamb – Fort Pierce, FL

Offense: Possession with intent to distribute cocaine base; possession with intent to distribute five grams or more of cocaine base; Southern District of Florida

Sentence: 235 months' imprisonment; five years' supervised release (March 3, 2008)

Commutation Grant: Prison sentence commuted to a term of 151 months' imprisonment.

 

·         Charlie Lawuary – Springfield, IL

Offense: Possession of controlled substance with intent to distribute; Central District of Illinois

Sentence: Life imprisonment; eight years' supervised release (July 27, 1998)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Josephine Ledezma – Rialto, CA

Offense: Conspiracy to possess with the intent to distribute a Schedule II controlled substance (cocaine); being aided and abetted by others, did unlawfully, knowingly, and intentionally possess and cause to be possessed, with intent to distribute, a Schedule II controlled substance (cocaine); Western District of Tennessee

Sentence: Life imprisonment (October 30, 1992)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         James Allen Ledford – Auburndale, FL

Offense: Possession with intent to distribute 500 grams or more of methamphetamine; Middle District of Florida

Sentence: Life imprisonment; 10 years' supervised release (January 16, 2004)

Commutation Grant: Prison sentence commuted to a term of 235 months' imprisonment.

 

·         Eric L. Lemon – St. Petersburg, FL

Offense: Conspiracy to distribute 50 grams or more of cocaine base; Middle District of Florida

Sentence: 188 months' imprisonment; 10 years' supervised release (June 6, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Gregory Allen Liningham – Los Angeles, CA

Offense: Possession of more than 50 grams of "crack" cocaine with intent to distribute; Western District of Texas

Sentence: Life imprisonment; 10 years' supervised release; $3,000 fine (December 1, 1993)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Antonio Lopez – Grand Prairie, TX

Offense: Conspiracy to possess with intent to distribute methamphetamine; Eastern District of Texas

Sentence: 360 months' imprisonment; five years' supervised release (October 26, 2000)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Jeffrey Lundin – Livingston, TX

Offense: Conspiracy to import cocaine into the United States; conspiracy to distribute cocaine; possession with intent to distribute cocaine while aboard a United States vessel; Southern District of Florida

Sentence: 324 months' imprisonment; five years' supervised release (September 15, 1998)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Edwin M. Mack – Fort Myers, FL

Offense: Conspiracy to possess with intent to distribute a quantity of cocaine base, "crack cocaine"; distribution of a quantity of cocaine base, "crack cocaine" (two counts); possession with intent to distribute 50 grams or more of cocaine base, "crack cocaine"; possession of a firearm by a convicted felon; possession of an unregistered firearm (incorrectly listed on the judgment as possession of a firearm by a convicted felon); Middle District of Florida

Sentence: Life imprisonment; 10 years' supervised release (November 1, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Alonzo Mackins, Jr. – Charlotte, NC

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine, cocaine base, heroin, and marijuana; conspiracy to commit money laundering; Western District of North Carolina

Sentence: Life imprisonment; 10 years' supervised release (October 8, 1999); amended to 360 months’ imprisonment; three years’ supervised release (August 14, 2006); amended to life imprisonment (September 2, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Alberto Maisonet – Philadelphia, PA

Offense: Distribution of cocaine base (two counts); distribution of cocaine (two counts); possession with intent to distribute cocaine; illegal use of a communication facility (four counts); Eastern District of Pennsylvania

Sentence: 262 months' imprisonment; eight years' supervised release (February 23, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Sheldon Paul Mangiapane – Hot Springs, AR

Offense: Possession with intent to distribute 50 grams or more of methamphetamine; Eastern District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (September 13, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Tommy M. Martinez – Sparta, IL

Offense: Conspiracy to distribute crack cocaine; distribution of crack cocaine; Southern District of Illinois

Sentence: Life imprisonment; five years' supervised release; $4,000 fine (April 7, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $4,000 fine remitted.

 

·         Robert L. Matthews – Memphis, TN

Offense:         1. Distribution of cocaine base; possession with intent to distribute cocaine

                        base; Northern District of Mississippi

2. Supervised release violation (possession with intent to distribute cocaine base); Western District of Tennessee

Sentence:        1. 280 months' imprisonment; eight years’ supervised release (June 13, 1997)

2. 15 months' imprisonment (consecutive) (September 30, 1998)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         James A. McGee – Chidester, AR

Offense: Conspiracy to manufacture methamphetamine; possession of chemicals with intent to manufacture methamphetamine (three counts); Southern District of Florida

Sentence: Life imprisonment; five years' supervised release (April 4, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Artis Sangria McGraw – Saluda, SC

Offense: Possession with intent to distribute crack cocaine; use of fiream during and in relation to a crime of violence; felon in possession of a firearm; possession of a firearm with obliterated serial numbers; District of South Carolina

Sentence: 270 months' imprisonment; five years' supervised release (September 30, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Reba L. McIntyre – Hayti, MO

Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Missouri

Sentence: 262 months' imprisonment; eight years' supervised release (June 26, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Torey A. McKay – Wesley Chapel, FL

Offense: Possession with intent to distribute and distribute five grams or more of cocaine base (two counts); possession with intent to distribute and distribute 50 grams or more of cocaine base; possession with intent to distribute and distribute a quantity of cocaine; Middle District of Florida

Sentence: 262 months' imprisonment; five years' supervised release (March 29, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Rudolph McKinnon, Jr. – Fort Walton Beach, FL

Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute five grams or more of a mixture and substance containing cocaine; possession of a firearm in furtherance of a drug trafficking crime; Northern District of Florida

Sentence: 300 months' imprisonment; 10 years' supervised release; $1,000 fine (October 26, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         John Anthony Mickens – Louisa, VA

Offense: Conspiracy to distribute cocaine base; possession of a firearm during and in relation to a drug trafficking offense; Western District of Virginia

Sentence: 211 months' imprisonment; five years' supervised release (June 25, 2007); amended to 181 months’ imprisonment (October 21, 2008); amended to 180 months’ imprisonment (October 14, 2011)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         David Dean Millard – Grimes, IA

Offense: Conspiracy to distribute methamphetamine; use of communication facility to distribute methamphetamine (two counts); Southern District of Iowa

Sentence: Life imprisonment; 10 years' supervised release (October 10, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.  

 

·         Titus Jerrard Mobley – Groveland, FL

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

Sentence: 210 months' imprisonment; five years' supervised release (June 23, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.  

 

·         Tyrone Montgomery – Lexington, KY

Offense: Possession with intent to distribute cocaine base; possession with intent to distribute cocaine and cocaine base; Western District of Kentucky

Sentence: 288 months' imprisonment; 10 years' supervised release (June 27, 2008)

Commutation Grant: Prison sentence commuted to a term of 209 months' imprisonment.

 

·         Ronald Perry Moon – Commerce, GA

Offense: Possession with intent to distribute crack cocaine; possession with intent to distribute cocaine; possession with intent to distribute methamphetamine; Northern District of Georgia

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

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of $2,000 fine remitted.

 

·         Martin Brandon Moore – Fort Lauderdale, FL

Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of a mixture and substance containing cocaine base and more than 5 kilograms of a mixture and substance containing cocaine; principal to possession with intent to distribute cocaine and more than 50 grams of a mixture and substance containing cocaine base; Northern District of Florida

Sentence: Life imprisonment; 10 years' supervised release (May 30, 2007)

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

 

·         Michael L. Moore – Mount Vernon, NY

Offense: Conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine; distribution of 500 grams or more of cocaine; distribution of five kilograms or more of cocaine; Eastern District of Virginia

Sentence: 360 months' imprisonment; five years' supervised release (June 5, 1998); amended to 292 months' imprisonment (October 27, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Amir Morgan – Evansville, IN

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine (mixture); Southern District of Indiana

Sentence: 240 months' imprisonment; 10 years' supervised release (December 19, 2007)

Commutation Grant: Prison sentence commuted to expire on July 1, 2017.

 

·         Lucille Mae Morse – Billings, MT

Offense: Distribution/possession with intent to distribute heroin/methamphetamine (two counts); possession with intent to distribute methamphetamine (six counts); District of Montana

Sentence: 240 months' imprisonment; 10 years' supervised release (November 29, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Luciano Murga – Houston, TX

Offense: Conspiracy to distribute and possess with intent to distribute 1,000 kilograms or more of marijuana; Northern District of Florida

Sentence: 240 months' imprisonment; 10 years' supervised release; $800 fine (January 25, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Robert Earl Nettles – Fort Pierce, FL

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

Sentence: 262 months' imprisonment; five years' supervised release (January 22, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Linton C. Nichols – Cleveland, OH

Offense: Possession with intent to distribute more than 50 grams of cocaine base (crack); possession of a firearm by a convicted felon; Nothern District of Ohio

Sentence: Life imprisonment; 10 years' supervised release (January 15, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Robert Lee Nickles – Mobile, AL

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

Sentence: 240 months' imprisonment; 10 years' supervised release (August 27, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Hilario Nieto, III – San Antonio, TX

Offense:         1. Possession with intent to distribute heroin; Western District of Texas

2. Distribution of a controlled substance, heroin; Western District of Texas

Sentence:        1. 188 months’ imprisonment; five years’ supervised release (Feburary 5, 2004)

2. 188 months’ imprisonment (60 months’ consecutive to above offense, the remainder concurrent); three years' supervised release (August 9, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Francisco Olivera – Modesto, CA

Offense:         1. Use of a communication facility in the commission of a drug offense;

                        Eastern District of California

2. Conspiracy to manufacture and to possess methamphetamine with intent to distribute; attempted manufacture of methamphetamine, aiding and abetting; possession of a listed chemical knowing that it will be used to manufacture methamphetamine, aiding and abetting; Eastern District of California

Sentence:        1. 48 months' imprisonment; 12 months’ supervised release (March 16,                                1998)

2. 324 months' imprisonment (consecutive); 36 months' supervised release (November 3, 2000)

Commutation Grant: Prison sentence commuted to a term of 288 months' imprisonment.

 

·         Kenyatta O'Neil – San Antonio, TX

Offense: Distribution of cocaine base (two counts); Western District of Texas

Sentence: 188 months' imprisonment; five years' supervised release (March 30, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Candido Ortiz-Martinez – Pagedale, MO

Offense: Conspiracy to distribute and possess with intent to distribute cocaine; possession of firearm during the commission of a drug trafficking crime (two counts); distribution of cocaine; Eastern District of Missouri

Sentence: 592 months' imprisonment; five years' supervised release (December 12, 1991); amended to 535 months' imprisonment (March 30, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Lonnie Dwayne Payne – St. Louis, MO

Offense: Conspiracy to possess with intent to distribute cocaine; interstate transportation of a firearm by a felon; Eastern District of Missouri

Sentence: 324 months' imprisonment; 10 years' supervised release (September 25, 2003); amended to 240 months' imprisonment (April 21, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jeremy Payton – Winnfield , LA

Offense: Conspiracy to distribute 50 grams or more of cocaine base; Western District of Louisiana

Sentence: 240 months' imprisonment; 10 years' supervised release (January 8, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Erenio C. Perez – Colorado Springs, CO

Offense: Conspiracy and possession with intent to distribute more than one kilogram of a mixture and substance containing a detectable amount of methamphetamine and aiding and abetting the manufacture in excess of one kilogram of methamphetamine; possession and aiding and abetting the possession of ephedrine with intent to manufacture methamphetamine (two counts); possession and aiding and abetting possession with intent to distribute more than 100 grams of a mixture or substance containing methamphetamine; possession of a firearm by a convicted felon (two counts); District of Colorado

Sentence: Life imprisonment; 10 years' supervised release (April 19, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Sharon Price – Nacogdoches, TX

Offense: Conspiracy to commit money laundering; Western District of Texas

Sentence: 235 months' imprisonment; three years' supervised release; $20,000 fine (June 6, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $20,000 fine remitted.

 

·         Thomas Jefferson Price, III – Kernersville, NC

Offense: Conspiracy: possess with intent to distribute and distribute methamphetamine; possess with intent to distribute methamphetamine (three counts); Middle District of North Carolina

Sentence: 330 months' imprisonment; five years' supervised release (May 24, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jack Dewhan Randolph – Charlotte, NC

Offense: Possession of a firearm during and in relation to a drug trafficking crime and aiding and abetting the same (two counts); Western District of North Carolina

Sentence: 360 months' imprisonment; three years' supervised release (November 29, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Evans Ray, Jr.  – Fort Washington, MD

Offense: Distribution of cocaine and crack cocaine, aiding and abetting; felon in possession of a firearm and ammunition, aiding and abetting; District of Maryland

Sentence: 324 months' imprisonment; 10 years' supervised release (May 7, 2007); amended to life imprisonment (May 15, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Keith Ray – Minneapolis, MN

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

Sentence: 263 months' imprisonment; five years' supervised release; $2,500 fine (April 17, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Richard D. Reid – Wilmington, DE

Offense: Felon in possession of a firearm and ammunition (five counts); possession of a firearm in furtherance of a drug trafficking offense; possession with intent to distribute more than 50 grams of a cocaine base (crack); possession with the intent to distribute cocaine; possession of crack cocaine; possession of marijuana; District of Delaware

Sentence: 300 months' imprisonment; 10 years' supervised release (September 4, 2007)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Ricardo Renteria – Irving, TX

Offense:         1. Conspiracy to distribute at least five kilograms of cocaine; Western

                        District of Texas

2. Conspiracy to possess with intent to manufacture and distribute methamphetamine; Eastern District of Texas

Sentence:        1. 235 months' imprisonment; five years’ supervised release; $1,000 fine (August 22, 2007); amended to 188 months’ imprisonment (August 24, 2015)

2. 135 months' imprisonment; five years' supervised release (October 8, 2008); amended to 108 months' imprisonment (November 13, 2015)

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

 

·         Richard L. Reser – Sedgwick, KS

Offense: Possession with intent to distribute methamphetamine; possession of firearm while trafficking in drugs (two counts); possession of a firearm by a felon; distribution of methamphetamine; conspiracy to distribute methamphetamine; District of Kansas

Sentence: 480 months' imprisonment; eight years' supervised release (December 20, 1989)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Samuel Reyes – Coral Springs, FL

Offense: Conspiracy to possess with intent to distribute detectable amount of cocaine; Southern District of Florida

Sentence: 210 months' imprisonment; five years' supervised release (November 24, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Broderick Richardson – Louisville, KY

Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute cocaine; Western District of Kentucky

Sentence: 240 months' imprisonment; 10 years' supervised release (September 27, 2005)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         William C. Robertson, Sr. – New Orleans, LA

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession with intent to distribute cocaine; Northern District of Florida

Sentence: 240 months' imprisonment; 10 years' supervised release; $1,000 fine (November 8, 2001)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Derwlyn Rosborough – Lake View Terrace, CA

Offense: Possession with intent to distribute cocaine; District of Wyoming

Sentence: 240 months' imprisonment; five years' supervised release, $2,000 fine (December 5, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Thomas R. Ross – Fairfield, CA

Offense: Conspiracy to manufacture methamphetamine; conspiracy to distribute pseudoephedrine with knowledge or reasonable cause to believe that it would be used to manufacture a controlled substance; distribution of pseudoephedrine with knowledge or reasonable cause to believe it would be used to manufacture a controlled substance and aiding and abetting; Eastern District of California

Sentence: 240 months' imprisonment; five years' supervised release (April 26, 2001)

Commutation Grant: Prison sentence commuted to expire on September 2, 2016.

 

·         Jerome Rowser – Birmingham, AL

Offense: Possession with 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; felon in possession of firearms; Northern District of Alabama

Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (August 19, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Alphonso P. Rubalcava – Rock Island, IL

Offense: Conspiracy to distribute controlled substances; Central District of Illinois

Sentence: Life imprisonment; 10 years' supervised release (July 19, 2002); amended to 327 months' imprisonment (June 22, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Breon Montez Sanders – Wilmington, NC

Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base (crack) and five kilograms of cocaine; Eastern District of North Carolina

Sentence: 295 months' imprisonment; five years' supervised release (August 17, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Michael Sandmeyer – Rockford, IA

Offense: Possession with intent to distribute 500 grams or more of methamphetamine (mixture) after having previously been convicted of a felony drug offense; felon in possession of a firearm; Northern District of Iowa

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

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Kelvin Jerome Shears, Jr. – Rock Island, IL

Offense: Possession with intent to distribute cocaine base; Southern District of Iowa

Sentence: 235 months' imprisonment; eight years' supervised release (April 23, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Andrew Simmons, III – Lake Charles, LA

Offense: Possess with intent to distribute cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Western District of Louisiana

Sentence: 300 months' imprisonment; 10 years' supervised release (September 14, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Martin Ruiz Singh – Marshalltown, IA

Offense: Conspiracy to distribute methamphetamine; distribution of methamphetamine (three counts); felon in possession of a firearm ; Southern District of Iowa

Sentence: Life imprisonment; 10 years' supervised release (July 12, 2006)

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

 

·         Kenneth H. Smith – Nashville, TN

Offense: Possession with intent to distribute cocaine base (crack cocaine); convicted felon in possession of firearms; false written statement to licensed firearm dealer; Middle District of Tennessee

Sentence: 240 months' imprisonment; 10 years' supervised release (January 29, 2001)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Kenneth Junior Smith – Brooklyn, NY

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base, aid and abet (three counts); felon in possession of a firearm; District of South Carolina

Sentence: Life imprisonment; 10 years' supervised release (June 14, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Noriel K. Snider – St. Louis, MO

Offense: Possession with intent to distribute cocaine base; Eastern District of Missouri

Sentence: 196 months' imprisonment; four years' supervised release (June 8, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Martin Souza – Chicago, IL

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine; Northern District of Ohio

Sentence: Life imprisonment (December 15, 1999)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Christopher Stanton – Pensacola, FL

Offense: Possession of firearm by a convicted felon; possession with intent to distribute five grams or more of cocaine base; Northern District of Florida

Sentence: 360 months' imprisonment; eight years' supervised release (July 25, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Sandy Steen, Jr. – San Antonio, TX

Offense: Possession with intent to distribute a quantity of cocaine base; Western District of Texas

Sentence: Life imprisonment (December 3, 1993)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Cedric DeWayne Stephens – Waco, TX

Offense: Conspiracy to possess with intent to distribute at least 1,000 kilograms of marijuana; conspiracy to commit money laundering; Western District of Texas

Sentence: 120 months' imprisonment; five years' supervised release; $2,000 fine; $2,000,000 forefeiture (July 15, 2011)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and obligation and payment of forfeiture remitted.

 

·         Terry Storeby – Waverly, FL

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

Sentence: Life imprisonment; 10 years' supervised release (January 29, 2003)

Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.

 

·         Minnie Pearl Thomas – Allentown, GA

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; distribution of cocaine; Middle District of Georgia

Sentence: Life imprisonment; 10 years' supervised release (July 20, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Vincent Thomas – Gonzales, LA

Offense: Violations of the Federal Controlled Substances Act (two counts); Eastern District of Louisiana

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

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Derrick Anthony Timmons – Herndon, VA

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

Sentence: 300 months' imprisonment; 10 years' supervised release (September 1, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         John L. Tolliver – Holly, MI

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

Sentence: 240 months' imprisonment; 10 years' supervised release; $250 fine (June 23, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and 10-year term of supervised release commuted to five-year term of supervised release.

 

·         Terrence Upshaw – Yonkers, NY

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

Sentence: Life imprisonment (December 29, 1998)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Ronald Wade – Daytona Beach, FL

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

Sentence: Life imprisonment; five years' supervised release; $25,000 fine (April 5, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, and unpaid balance of the $25,000 fine remitted, conditioned upon enrollment in residential drug treatment.

 

·         Jimmy L. Walden, Jr.  – Morristown, TN

Offense: Possession with the intent to distribute five grams or more of cocaine base; possession with the intent to distribute 50 grams or more of cocaine base; possession with the intent to distribute a quantity of cocaine; possession with the intent to distribute a quantity of marijuana; Eastern District of Tennessee

Sentence: Life imprisonment (May 19, 2008)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Rodney Edward Wall – Rockingham, NC

Offense: Conspiracy to possess with intent to distribute and distribute cocaine and cocaine base within 1,000 feet of a protected area; possession with intent to distribute cocaine base; Western District of North Carolina

Sentence: Life imprisonment; 10 years' supervised release (July 7, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Clarence Ward – Hollywood, FL

Offense: Possession with intent to distribute cocaine base (four counts); felon in possession of a firearm; Southern District of Florida

Sentence: Life imprisonment; 10 years' supervised release (December 20, 2004)

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

 

·         Richard Douglas Warrick – Englewood, NJ

Offense: Drug conspiracy: controlled substance, sell, distribute or dispense mixture of cocaine base; controlled substance, sell, distribute or dispense mixture cocaine base (two counts); Northern District of Alabama

Sentence: 360 months' imprisonment; five years' supervised release; $500 fine (January 10, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jamel Washington – Austin, TX

Offense: Possession of a controlled substance with intent to distribute; felon in possession of a firearm; Western District of Texas

Sentence: 262 months' imprisonment; eight years' supervised release (December 1, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Dennis Merrimon Waters – Hendersonville, NC

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

Sentence: Life imprisonment; 10 years' supervised release (October 1, 2002)

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

 

·         Dennis L. Webb – Washington, DC

Offense: Unlawful distribution of five grams or more of cocaine base (two counts); unlawful distribution of 50 grams or more of cocaine base (incorrectly listed on the judgment as cocaine); unlawful possession with intent to distribute cocaine base; District of Columbia

Sentence: 360 months' imprisonment; 10 years' supervised release (August 13, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Billy Whitehead – North Little Rock, AR

Offense: Conspiracy to distribute cocaine base; aiding and abetting the distribution of less than five grams of cocaine base (two counts); distribution of more than five grams of cocaine base (two counts); aiding and abetting the distribution of more than five grams of cocaine base (two counts); Eastern District of Arkansas

Sentence: 240 months' imprisonment; 10 years' supervised release (April 21, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Patricia Widener – Glade Spring, VA

Offense: Conspiracy to manufacture 500 grams or more of methamphetamine; Western District of Virginia

Sentence: 240 months' imprisonment; 10 years' supervised release; $10,950 restitution (November 13, 2006)

Commutation Grant: Prison sentence commuted to a term of 151 months’ imprisonment, and unpaid balance of restitution obligation remitted.  

 

·         Ralph K. Williams – Baltimore, MD

Offense: Conspiracy to distribute cocaine; District of Maryland

Sentence: 360 months' imprisonment; five years' supervised release; $6 million forfeiture (February 25, 2005)

Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment and obligation and payment of forfeiture remitted.

 

·         Byron Willis – Knoxville, TN

Offense: Distribution of 500 grams or more of cocaine hydrochloride; Eastern District of Tennessee

Sentence: 240 months' imprisonment; eight years' supervised release (March 7, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Damion M. Wilson – Caruthersville, MO

Offense: Distribution of five grams or more of a substance containing a detectable amount of cocaine base; Eastern District of Missouri

Sentence: 188 months' imprisonment; five years' supervised release (March 19, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         David Dejuan Wise – Montgomery, AL

Offense: Conspiracy to distribute and possess with intent to distribute cocaine hydrochloride; possession with intent to distribute cocaine hydrochloride and aiding and abetting; possession of cocaine base; Middle District of Alabama

Sentence: 240 months' imprisonment; eight years' supervised release (July 13, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Karen Denise Witherspoon – Lenoir, NC

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

Sentence: 324 months' imprisonment; five years' supervised release (September 10, 2007); amended to 262 months' imprisonment (November 19, 2015)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Ervin Darnell Worthy – Akron, OH

Offense:        1. Felon in possession of a firearm; possession of a firearm with an altered serial number; Northern District of Ohio

2. Conspiracy to possess with the intent to distribute cocaine; Northern District of Ohio

Sentence:       1. Life imprisonment (February 7, 1996)

2. Life imprisonment (February 7, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         James Wright – Baltimore, MD

Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; possession with intent to distribute cocaine base and aiding and abetting; District of Maryland

Sentence: 240 months' imprisonment; five years' supervised release (May 4, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

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16-896

 

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______________________________________________________________________________

FOR IMMEDIATE RELEASE                                                                                                     DAG

WEDNESDAY, AUGUST 3, 2016                                                                                (202) 514-2007

WWW.JUSTICE.GOV                                                                                         TTY (866) 544-5309

 

PRESIDENT OBAMA GRANTS COMMUTATIONS

 

WASHINGTON, D.C. – Today, the President made grants of commutation of sentences to the following 214 individuals:

 

·         Timothy Adams – Hartsville, SC

Offense: Conspiracy to possess with intent to distribute and distribute cocaine base (crack); Middle District of North Carolina

Sentence: Life imprisonment; 10 years' supervised release (August 2, 1995)

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

 

·         Asher Adkins – Columbia City, IN

Offense: Distribution of methamphetamine and aiding and abetting (two counts); distribution of methamphetamine (three counts); use or carrying a firearm during a drug trafficking crime (two counts); distribution of more than 100 grams of methamphetamine (two counts); Northern District of Indiana

Sentence: 624 months’ imprisonment; five years' supervised release (January 3, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jamonte L. Allison – Carbondale, IL

Offense: Conspiracy to distribute five grams or more of "crack cocaine"; Southern District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (September 6, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Joe Alvarado – Ogden, UT

Offense: Possession with intent to distribute methamphetamine (two counts); possession of a firearm and ammunition by convicted a felon; District of Utah

Sentence: Life imprisonment (October 13, 2004)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Tyrell L. Anthony – Kershaw, SC

Offense: Possession with intent to distribute 50 grams or more of cocaine base (crack cocaine); willfully failing to appear; District of South Carolina

Sentence: 240 months' imprisonment; 10 years' supervised release (July 28, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Reinaldo A. Arocho – Lake Station, IN

Offense: Drug conspiracy; maintaining a drug house; distribution of crack cocaine; carrying a firearm during drug trafficking; attempting to corruptly persuade a witness; Northern District of Indiana

Sentence: 387 months' imprisonment; 10 years' supervised release (January 19, 2000); amended to 300 months' imprisonment (January 18, 2011)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jose Carlos Arras, Jr. – Albuquerque, NM

Offense:         1. Conspiracy to import; conspiracy to wit: possession with intent to

                        distribute 100 kilograms and more of marijuana; District of New Mexico

2. Supervised release violation (Importation of a quantity of marijuana); Western District of Texas

Sentence:        1. 262 months' imprisonment; eight years’ supervised release (November 4, 2002)

2. 10 months' imprisonment (consecutive) (November 4, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Sidney J. Ball – Lenox, GA

Offense: Possession with intent to distribute 12.04 kilograms of cocaine; Southern District of Texas

Sentence: 240 months' imprisonment; 10 years' supervised release (January 30, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Lloyd Battles – Columbia, SC

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base, aiding and abetting; Southern District of Texas

Sentence: Life imprisonment; 10 years' supervised release (December 6, 2002)

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

 

·         David Bell – Miami, FL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute a detectable amount of cocaine base; possession with intent to distribute five grams or more of cocaine base (three counts); Southern District of Florida

Sentence: 262 months' imprisonment; five years' supervised release (February 12, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Pauline K. Blake – West Valley City, UT

Offense: Possession of methamphetamine with intent to distribute; conspiracy or attempt to manufacture methamphetamine (two counts); establishment of a manufacture operation; possession of a listed chemical (two counts); District of Utah

Sentence: 210 months' imprisonment; five years' supervised release; $2,000 restitution (January 7, 2002); amended to 292 months' imprisonment (January 27, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Deborah Lucille Blue – Alcoa, TN

Offense:         1. Distribution of cocaine base (two counts); possession with intent to

                        distribute cocaine base; Eastern District of Tennessee

2. Supervised release violation (distribution of cocaine hydrochloride);

Eastern District of Tennessee

Sentence:        1. 292 months' imprisonment; eight years’ supervised release (February

23, 2007); amended to 234 months’ imprisonment (May 16, 2014)

2. 3 months' imprisonment (consecutive) (February 23, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Marston Edward Blue – District Heights, MD

Offense: Conspiracy to possess with intent to distribute and distribute heroin and cocaine; felon in possession of firearm; possess with intent to distribute heroin, aiding and abetting; District of Maryland

Sentence: Life imprisonment; 10 years' supervised release (November 25, 2002 (on remand))

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Lucius Boswell – Madison, GA

Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base (two counts); Middle District of Georgia

Sentence: Life imprisonment; 10 years' supervised release (September 5, 1997)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Joshua Boyer – Tampa, FL

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession of a firearm in furtherance of a drug trafficking offense; possession of a firearm not registered in the National Firearms Registration and Transfer Record; Middle District of Florida

Sentence: 288 months' imprisonment; five years' supervised release (November 27, 2001)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Debra R. Brown – Nashville, TN

Offense: Distribution of 50 grams or more of cocaine base to a person under 21; Middle District of Tennessee

Sentence: 240 months' imprisonment; 10 years' supervised release (November 18, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Eddie Lee Brown – Brunswick, GA

Offense: Distribution of cocaine hydrochloride (two counts); Southern District of Georgia

Sentence: 262 months' imprisonment; six years' supervised release (June 12, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Patrick A. Brown – Alexandria, VA

Offense: Felon in possession of a firearm, aiding and abetting (two counts); possession with intent to distribute cocaine base, aiding and abetting; District of Maryland

Sentence: Life imprisonment; three years' supervised release (August 8, 1997)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Timothy Aaron Brown – Warren, OH

Offense: Possession with intent to distribute cocaine; Central District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release (April 3, 2009)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jose Luis Buenrostro – Stockton, CA

Offense: Conspiracy to manufacture methamphetamine; Eastern District of California

Sentence: Life imprisonment; 10 years' supervised release (January 8, 1997)

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

 

·         Barry Charles Butler – 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 (March 30, 2006)

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

 

·         Charles Bynum – Torrance, CA

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

Sentence: Life imprisonment; 10 years' supervised release (May 27, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Annette Maria Canania – DeSoto, 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: 240 months' imprisonment; three years' supervised release (December 22, 2006); amended to 210 months' imprisonment (April 27, 2015)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Jose Manuel Candelario – Miami, FL

Offense: Conspiracy to possess with intent to distribute Schedule II (crack cocaine) controlled substance; possess with intent to distribute Schedule II (crack cocaine) controlled substance; Southern District of Alabama

Sentence: Life imprisonment; five years' supervised release (April 21, 1994); amended to 360 months’ imprisonment (May 17, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Ralph Casas – North Miami Beach, FL

Offense: Conspiracy to possess with intent to distribute and distribute 9,445 kilograms of cocaine; District of Puerto Rico

Sentence: Life imprisonment; five years' supervised release (April 19, 2002)

Commutation Grant: Prison sentence commuted to a term of 292 months' imprisonment.

 

·         Willie Chester – Waco, TX

Offense: Possession of a firearm by felon; false statement in acquisition of firearm; Western District of Texas

Sentence: 264 months' imprisonment; five years' supervised release; $3,000 fine (March 26, 1992)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Donyelle Childs – Clearwater, FL

Offense: Possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Middle District of Florida

Sentence: 262 months' imprisonment; five years' supervised release (January 12, 2006)

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

 

·         Kenneth Choice – Chicago, IL

Offense: Conspiracy to possess with intent to deliver narcotics; possession with intent to deliver narcotics; Northern District of Illinois

Sentence: Life imprisonment; five years' supervised release (September 24, 1999); amended to life imprisonment; eight years’ supervised release (June 9, 2004); amended to 324 months’ imprisonment (February 1, 2016)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Osvaldo Cisneros-Gutierrez – Earlimart, CA

Offense: Conspiracy to possess with intent to distribute in excess of 500 grams of methamphetamine; Northern District of Texas

Sentence: 292 months' imprisonment; three years' supervised release (October 13, 2006)

Commutation Grant: Prison sentence commuted to a term of 228 months' imprisonment.

 

·         Mark Anthony Clark – Rockford, IL

Offense: Conspiracy; possession with intent to distribute 100 grams or more of methamphetamine and aiding and abetting; possession with intent to distribute amphetamine; possession of a firearm by a felon/fugitive from justice and aiding and abetting; Northern District of Texas

Sentence: Life imprisonment; six years' supervised release (September 1, 1995)

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

 

·         Antonio Cobb – Bloomington, IL

Offense: Distribution of cocaine base; Central District of Illinois

Sentence: Life imprisonment; 10 years' supervised release (February 28, 2003)

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

 

·         Jimmie Clyde Collins – Joshua, TX

Offense: Conspiracy to possess a controlled substance with intent to distribute; possession of a controlled substance with intent to distribute and aiding and abetting; using a drug involved premises and aiding and abetting; possession of a firearm in furtherance of a drug trafficking crime; possession of a controlled substance with intent to deliver; possession of a firearm during and in relation to a drug trafficking crime; Northern District of Texas

Sentence: 370 months' imprisonment; five years' supervised release (February 11, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Dewayne L. Comer – Syracuse, NY

Offense: Engaging in a continuing criminal enterprise; conspiracy to possess with the intent to distribute and to distribute cocaine and cocaine base; distribution of cocaine base (two counts); possession with the intent to distribute cocaine base; possession with the intent to distribute cocaine; Northern District of New York

Sentence: Life imprisonment; five years' supervised release (December 8, 1997)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jason Andrew Comer – Weyers Cave, VA

Offense: Aid and abet in the possession with intent to distribute 500 grams or more of methamphetamine; Western District of Virginia

Sentence: 240 months' imprisonment; five years' supervised release (October 23, 2007)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Delaria Antwan Conway – Laurens, SC

Offense: Possession with intent to distribute five grams or more of crack cocaine and a quantity of cocaine (two counts); District of South Carolina

Sentence: 262 months' imprisonment; eight years' supervised release (December 17, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Eugene Ross Cousins – Greenville, VA

Offense: Distribution of methamphetamine (two counts); possess a firearm in furtherance of a drug trafficking crime (two counts); drug user in possession of firearm (two counts); Western District of Virginia

Sentence: 406 months' imprisonment; three years' supervised release (August 8, 2007); amended to 397 months' imprisonment (April 4, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Lavon A. Crockett – Kansas City, KS

Offense: Possession with intent to distribute five grams or more of a mixture and substance containing cocaine base ("crack cocaine"); District of Kansas

Sentence: 188 months' imprisonment; four years' supervised release (December 6, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Darnell Crookshank – West Covina, CA

Offense: Conspiracy to manufacture phencyclidine; manufacture with intent to distribute phencyclidine, aiding and abetting; possession with intent to distribute phencyclidine; Central District of California

Sentence: Life imprisonment; 10 years' supervised release (June 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Dawan Croskery – Buffalo, NY

Offense: Engaging in a continuing criminal enterprise; money laundering; Western District of New York

Sentence: 240 months' imprisonment; five years' supervised release (December 16, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Andrew Crumbly – Fort Myers, FL

Offense: Possession with intent to distribute a detectable amount of cocaine base, crack cocaine (three counts); Middle District of Florida

Sentence: 235 months' imprisonment; six years' supervised release (February 14, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Morris Dabbs – Trenton, NJ

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

Sentence: 360 months' imprisonment; 10 years' supervised release (February 29, 2000); amended to 291 months’ imprisonment (August 2, 2011); amended to 240 months’ imprisonment (October 6, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Ricky Darden – Kinston, NC

Offense: Possession with intent to distribute cocaine base (crack); District of Maryland

Sentence: Life imprisonment; 10 years' supervised release (April 16, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Lenwood Davies – Wabasso, FL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Southern District of Florida

Sentence: 180 months' imprisonment; five years' supervised release (November 15, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Richard Lawrence Davis – St. Louis, MO

Offense:         1. Possession with intent to distribute cocaine base; Eastern District of

Missouri

2. Possession with intent to distribute cocaine base; carrying a firearm during and in relation to a drug trafficking crime; Eastern District of Missouri

Sentence:        1. 240 months' imprisonment; 10 years’ supervised release (June 15, 2004)

2. 93 months' imprisonment (concurrent) (March 4, 2005); amended to 75 months' imprisonment (November 18, 2011)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Terry Davis – Monroe, LA

Offense: Distribution of cocaine base; Western District of Arkansas

Sentence: 240 months' imprisonment; 10 years' supervised release (September 8, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Christopher M. Dees – Pensacola, FL

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of a mixture and substance containing a detectable amount of cocaine base; Northern District of Florida

Sentence: Life imprisonment; 10 years' supervised release; $1,000 fine (September 1, 2004)

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

 

·         Jose Del Valle – Philadelphia, PA

Offense: Conspiracy to possess with the intent to distribute five kilograms or more of cocaine; possession with the intent to distribute five kilograms or more of cocaine and aiding and abetting; Eastern District of Pennsylvania

Sentence: Life imprisonment; 10 years' supervised release (September 7, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Maynard Dennis – Liverpool, NY

Offense: Possession with intent to distribute cocaine base; possession of a firearm by a convicted felon; Northern District of New York

Sentence: 300 months' imprisonment; eight years' supervised release (September 7, 2005)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Bobbie Jo Diers – Romeoville, IL

Offense: Conspiracy to distribute 50 grams or more of cocaine base ("crack"); possession with intent to distribute 50 grams or more of cocaine base ("crack"); Central District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release (April 12, 2010)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         James J. Dino – Upper Tumon, GU

Offense:         1. Possession of methamphetamine with intent to distribute; District of

                        Guam

2. Supervised release violation (possession with intent to distribute crystal methamphetamine); District of Guam

Sentence:        1. 240 months' imprisonment;10 years’ supervised release (October 19, 2006)

2. 60 months' imprisonment (concurrent) (October 19, 2006)

Commutation Grant: Prison sentence commuted to a term of 193 months’ imprisonment.  

 

·         Scottie Ladon Dixon – Atmore, AL

Offense: 1. Conspiracy to possess with intent to distribute crack cocaine; 2. Violation of supervised release (conspiracy to possess with intent to distribute crack cocaine); 1. Southern District of Alabama; 2. Southern District of Alabama

Sentence: 1. Life imprisonment; 2. 33 months' imprisonment (concurent); 1. 10 years' supervised release (1. & 2. May 18, 2010)

Commutation Grant: Prison sentence commuted to a term of 221 months' imprisonment.

 

·         Thomas Duncan – Columbia, TN

Offense: Possession of cocaine base with intent to distribute; possession of a firearm in furtherance of a drug trafficking offense; felon in possession of a firearm; possession of five grams or more of cocaine base with intent to distribute; Eastern District of Tennessee

Sentence: 352 months' imprisonment; eight years' supervised release (September 23, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Vincent Duval – Bradenton, FL

Offense: Possession with intent to distribute five grams or more of cocaine base; Middle District of Florida

Sentence: 262 months' imprisonment; eight years' supervised release (October 28, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         William Ennis – El Paso, TX

Offense: Conspiring to possess with intent to distribute a controlled substance, to wit: cocaine more than five kilograms; possession with intent to distribute a controlled substance, to wit: cocaine more than five kilograms; using a communication device to facilitate the commission of a felony; Western District of Texas

Sentence: Life imprisonment; 10 years' supervised release; $5,000 fine (July 17, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Kenneth Evans – Fort Worth, TX

Offense: Conspiracy; possession with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base and aiding and abetting; use and carry firearm during and in relation to a drug trafficking crime and aiding and abetting; Northern District of Texas

Sentence: Life imprisonment plus 60 months; five years' supervised release (August 20, 1993)

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

 

·         Ronald Evans – Norfolk, VA

Offense: Conspiracy to distribute and possession with intent to distribute cocaine, heroin, and a mixture containing cocaine base; possession with intent to distribute heroin (three counts); possession with intent to distribute cocaine; possession with intent to distribute a mixture or substance containing cocaine base (two counts); Eastern District of Virginia

Sentence: Life imprisonment; five years' supervised release (July 30, 1993); amended to 360 months' imprisonment (March 16, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Ronald Evans – New York, NY

Offense:         1. Possession with intent to distribute in excess of five grams of cocaine

base; District of Maine

2. Supervised release violation (possession with intent to distribute cocaine base); District of Maine

Sentence:        1. 270 months' imprisonment; eight years’ supervised release (August 13, 2003)

2. 12 months' imprisonment (concurrent) (August 13, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         James Oliver Fambro – Decatur, GA

Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession of a firearm by a convicted felon; possession of a firearm during and in relation to a drug trafficking offense; Northern District of Florida

Sentence: 300 months' imprisonment; 10 years' supervised release, $500 fine (April 5, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         J. B. Farris, Jr.  – Atlanta, GA

Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine; possession of a firearm during a drug trafficking crime; Northern District of Georgia

Sentence: 360 months' imprisonment; 10 years' supervised release (January 26, 1993)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Corey Ferguson – Bowling Green, KY

Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine; distribution of cocaine, aiding and abetting; Western District of Kentucky

Sentence: 300 months' imprisonment; eight years' supervised release (May 5, 2008)

Commutation Grant: Prison sentence commuted to a term of 202 months' imprisonment.

 

·         Alejandro Flores – Mission, TX

Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine; traveling in interstate commerce to facilitate a criminal activity; Northern District of Georgia

Sentence: Life imprisonment; 10 years' supervised release (November 10, 2005)

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

 

·         Raul Camargo Flores – Lubbock, TX

Offense: Possession with intent to distribute more than 50 grams of methamphetamine and aiding and abetting; Northern District of Texas

Sentence: 292 months' imprisonment; 10 years' supervised release (February 7, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Felix Monroe Fort – Birmingham, AL

Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine; Northern District of Alabama

Sentence: 360 months' imprisonment; four years' supervised release (November 18, 1998)

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

 

·         Raymond Fox – New York, NY

Offense: Conspiracy to distribute and possess with intent to distribute cocaine and cocaine base; distribution and possession with intent to distribute cocaine and cocaine base; Southern District of New York

Sentence: 240 months' imprisonment; 10 years' supervised release (August 2, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Charles Franklin – St. Louis, MO

Offense: Possession with intent to distribute over 50 grams of cocaine base (crack); possession with the intent to distribute heroin; possession with intent to distribute cocaine; Eastern District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (July 7, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Cleveland R. Franklin, Jr. – Indianapolis, IN

Offense: Possession with intent to distribute 50 grams or more of a substance containing cocaine base; carrying a firearm during a drug trafficking crime; Southern District of Indiana

Sentence: 300 months' imprisonment; 10 years' supervised release; $1,000 fine (November 17, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Michael L. Franklin – Kansas City, MO

Offense: Possession with intent to distribute cocaine base; Western District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (January 3, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Toddrick Onterio Franklin – St. Petersburg, FL

Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; being a previously convicted felon in possession of a firearm in and affecting interstate commerce; Middle District of Florida

Sentence: 300 months' imprisonment; 120 months' supervised release (March 21, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         William Anthony Freeman – Detroit, MI

Offense: Conspiracy to distribute cocaine; Eastern District of Michigan

Sentence: 480 months' imprisonment; five years' supervised release (December 14, 1990)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Thomas R. Fuller – Kansas City, MO

Offense: Conspiracy to distribute crack cocaine; aiding and abetting to distribute crack cocaine; possession with intent to distribute crack cocaine; possession of a firearm in relation to a drug trafficking crime; felon in possession of a firearm; Western District of Missouri

Sentence: 300 months' imprisonment; 10 years' supervised release (August 7, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         John Nicholas Gargano – Folcroft, PA

Offense:         1. Conspiracy to distribute methylenedioxymethamphetamine and

                        ketamine; distributing and possessing with intent to distribute

methamphetamine; distributing and possessing with intent to distribute ecstasy; Southern District of New York

2. Conspiracy to commit identification fraud and credit card fraud; unauthorized use of access devices; Southern District of New York

3. Conspiracy to distribute and possess with intent to distribute more than 1.5 kilograms of methamphetamine; District of New Jersey

Sentence:        1. 240 months' imprisonment; 10 years’ supervised release (November 30, 2004)

2. 10 years' imprisonment (concurrent); three years’ supervised release; $212,379.38 restitution (November 30, 2004)

3. 100 months' imprisonment (concurrent); five years' supervised release (September 8, 2010)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Enrique Garza – Zolfo Springs, FL

Offense: Conspiracy to possess with intent to distribute methamphetamine; possess with intent to distribute methamphetamine; attempt to possess with intent to distribute methamphetamine; Middle District of Florida

Sentence: 480 months' imprisonment; 10 years' supervised release (July 17, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Jesse James Gentry – Grand Prairie, TX

Offense: Possession of more than 50 grams of crack cocaine with intent to distribute; Northern District of Texas

Sentence: 262 months' imprisonment; five years' supervised release (February 3, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Bernard Gibson, Sr. – Temple Hills, MD

Offense: Conspiracy to possess with intent to distribute controlled drug substances: heroin and cocaine; District of Maryland

Sentence: Life imprisonment; 10 years' supervised release (April 15, 1996)

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

 

·         Steve P. Gillespie – Greeneville, TN

Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Tennessee

Sentence: 262 months' imprisonment; eight years' supervised release (August 16, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Derrick Glass – Youngstown, OH

Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; felon in possession of a firearm; Northern District of Ohio

Sentence: 240 months' imprisonment; 10 years' supervised release (March 14, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Fred M. Glover – Washington, DC

Offense: Unlawful distribution of five grams or more of cocaine base; unlawful distribution of a controlled substance within 1,000 feet of a school (three counts); unlawful distribution of 50 grams or more of cocaine base (two counts); District of Columbia

Sentence: Life imprisonment; 10 years' supervised release (October 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Will A. Goines, Jr.  – Chicago, IL

Offense: Distribution of cocaine base ("crack") (three counts); Central District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release (June 14, 2010)

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

 

·         Michael Goldsby – Cleveland, OH

Offense: Possession with intent to distribute 5.88 grams of cocaine base; Northern District of Ohio

Sentence: 383 months' imprisonment; eight years' supervised release (November 19, 1997); amended to 360 months' imprisonment (August 31, 2000)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Ramon Gonzalez – San Juan, TX

Offense: Conspiracy to possess, with intent to distribute 4506.65, kilograms of marijuana; possession with intent to distribute 4506.65 kilograms of marijuana; Southern District of Texas

Sentence: Life imprisonment; life term supervised release (January 20, 2009)

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

 

·         Edgar Gonzalez-Valentin – Mayagüez, PR

Offense: Conspiracy to import cocaine, aiding and abetting; importation of cocaine; possession with intent to distribute cocaine; possession of firearm in relation to drug trafficking crime (two counts); District of Puerto Rico

Sentence: 595 months' imprisonment; five years' supervised release (July 10, 1992); amended to 511 months' imprisonment (August 19, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Christopher Green – Waycross, GA

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine hydrochloride and crack cocaine; possession with intent to distribute crack cocaine (two counts); Southern District of Georgia

Sentence: Life imprisonment (December 23, 1997)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Randy P. Green – Sikeston, MO

Offense: Conspiracy to distribute methamphetamine; Eastern District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (November 7, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Samuel Grooms – Clinton Township, MI

Offense: Conspiracy with intent to distribute heroin; attempted possession with intent to distribute heroin; Eastern District of Michigan

Sentence: Life imprisonment; 10 years' supervised release (May 23, 2005)

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

 

·         Steven C. Hall – Gonzales, LA

Offense:         1. Conspiracy to possess with intent to distribute cocaine base; distribution

of cocaine base; Middle District of Louisiana    

2. Supervised release violation (conspiracy to possess with intent to distribute cocaine base; distribution of cocaine base); Middle District of Louisiana

Sentence:        1. 240 months' imprisonment; 10 years’ supervised release (April 22, 2005)

2. 45 months' imprisonment (consecutive) (February 16, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Stephen Ramont Hardridge  – Tulsa, OK

Offense: Conspiracy to possess with intent to distribute five kilograms or more of a mixture containing a detectable amount of cocaine and 50 grams or more of a mixture containing a detectable amount of cocaine base; Northern District of Oklahoma

Sentence: 292 months' imprisonment; 10 years' supervised release; $10,000 fine (November 25, 2002 (on remand)); amended to 240 months' imprisonment (June 10, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $10,000 fine remitted.

 

·         Steven R. Hardy – Tampa, FL

Offense: Conspiracy to possess with intent to distribute, and to distribute, more than 5 kilograms of cocaine and more than 50 grams of cocaine base; possession with intent to distribute and distribution of more than 50 grams of cocaine base; Middle District of Florida

Sentence: Life imprisonment; 10 years' supervised release (November 14, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Donella Marie Harriel – Stuart, FL

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

Sentence: 264 months' imprisonment; 10 years' supervised release (March 17, 2004)

Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment and 10-year term of supervised release commuted to a four-year term of supervised release.

 

·         Benjamin Harris – Dallas, TX

Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribution of 50 grams or more of cocaine base; possession with intent to distribute MDMA, cocaine and 50 grams or more of cocaine base; possession of a firearm by a convicted felon; possession of a firearm during and in relation to a drug trafficking crime; Middle District of Louisiana

Sentence: 226 months' imprisonment; five years' supervised release (February 23, 2007)

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

 

·         Christopher J. Heath – Ridgway, IL

Offense: Conspiracy to manufacture more than 500 grams of a mixture and substance containing methamphetamine; Southern District of Illinois

Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (February 24, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Wilson Henderson – Hollywood, FL

Offense: Possession with intent to distribute cocaine base (incorrectly listed on the judgment as cocaine); use of a firearm during a drug trafficking crime; Southern District of Georgia

Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (August 20, 1992)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         John A. Hill – Cleveland, OH

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

Sentence: Life imprisonment (July 16, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Robert Hill – Washington, DC

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base (three counts); Eastern District of Virginia

Sentence: 480 months' imprisonment; 10 years' supervised release (September 20, 2004)

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

 

·         Marcell Hogans – St. Louis, MO

Offense: Distribution of cocaine base; Eastern District of Missouri

Sentence: 168 months' imprisonment; three years' supervised release (August 21, 2008)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Kenneth Bronson Hughes – Charlotte Court House, VA

Offense: Conspiracy to distribute more than 50 grams of cocaine base; possess with intent to distribute more than 50 grams of cocaine base; Western District of Virginia

Sentence: 334 months’ imprisonment; five years’ supervised release (September 3, 2003); amended to 272 months’ imprisonment (September 2, 2008); amended to 218 months’ imprisonment (March 4, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Deangelo Hunt – Richmond, 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; Eastern District of Virginia

Sentence: 180 months' imprisonment; five years' supervised release (February 1, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Courtney D. Hurt – Tamms, IL

Offense: Possession with intent to distribute five grams or more of a mixture and substance containing cocaine base; Southern District of Illinois

Sentence: 360 months' imprisonment; eight years' supervised release; $1,000 fine (July 25, 2008)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, and unpaid balance of $1,000 fine remitted, conditioned upon enrollment in residential drug treatment.

 

·         Alfonzo Ingram – Rowlett, TX

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

Sentence: 300 months' imprisonment; five years' supervised release; $1,000 fine (June 16, 2004)

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

 

·         Anthonial Irick – Cameron, SC

Offense: Possession with intent to distribute over five kilograms of cocaine; possession of a firearm during a drug trafficking crime; Middle District of Georgia

Sentence: 180 months' imprisonment; five years' supervised release (May 18, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Albert Jackson – Mount Vernon, IL

Offense: 1. Conspiracy to distribute cocaine; distribution of cocaine; 2. Conspiracy to distribute cocaine; possession with intent to distribute more than 500 grams of cocaine; Central District of Illinois

Sentence: 1. 262 months' imprisonment; 2. 480 months' imprisonment (consecutive); 1. 10 years' supervised release; 2. eight years' supervised release (1. August 19, 1991; 2. November 7, 1994)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Dickey Joe Jackson – Boyd, TX

Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine (two counts); felon in possession of a firearm;  possession of an unregistered firearm (two counts); Northern District of Texas

Sentence: Life imprisonment; five years' supervised release (May 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Elmer Jackson – Bushnell, FL

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

Sentence: Life imprisonment; 10 years' supervised release (December 19, 2002)

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

 

·         Eugene Ernst Jackson – Baltimore, MD

Offense: Conspiracy to distribute and possess with intent to distribute narcotics; distribution and possession with narcotics, aiding and abetting; District of Maryland

Sentence: Life imprisonment; 10 years' supervised release (July 19, 2002)

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

 

·         Tommy Merrel Jackson – Boyd, TX

Offense: Conspiracy to possess with intent to distribute methamphetamine; Northern District of Texas

Sentence: Life imprisonment; five years' supervised release (May 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Tyrand James – Youngstown, OH

Offense: Distribution of cocaine (two counts); distribution of cocaine base; Northern District of Ohio

Sentence: 240 months' imprisonment; 10 years' supervised release (March 16, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Bernard Jennings – Vero Beach, FL

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

Sentence: Life imprisonment; 10 years' supervised release (November 12, 1993)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Douglas George Jensen – Whitefish, MT

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

Sentence: Life imprisonment; 10 years' supervised release (February 24, 2004)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Derrick Anthony Johnson – Richmond, VA

Offense: Conspiracy to distribute cocaine base; as principle or aider and abettor, possessed with intent to distribute cocaine base; Western District of Virginia

Sentence: 360 months' imprisonment; 10 years' supervised release (January 17, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Frederico Johnson – Kansas City, MO

Offense: Distribution of five grams or more of cocaine base; Western District of Missouri

Sentence: 262 months' imprisonment; eight years' supervised release (July 23, 2007)

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

 

·         Matthew Troy Johnson – Baltimore, MD

Offense: Possession with intent to distribute cocaine and cocaine base, aiding and abetting; District of Maryland

Sentence: 262 months' imprisonment; three years' supervised release (November 12, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Walter Lee Johnson – Shreveport, LA

Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine hydrochloride; conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Western District of Louisiana

Sentence: Life imprisonment; 10 years' supervised release (September 14, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Arnold Ray Jones – Lubbock, TX

Offense: Distribution of less than 50 grams of cocaine base and aiding and abetting; Northern District of Texas

Sentence: 235 months' imprisonment; four years' supervised release (November 22, 2002)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Jeffrey Lynn Jones – Eugene, OR

Offense: Manufacturing methamphetamine; conspiracy to manufacture methamphetamine; District of Oregon

Sentence: 262 months' imprisonment; five years' supervised release (November 3, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Vernon Jones – Evansville, IN

Offense: Possession with intent to distribute in excess of 50 grams of cocaine base (mixture); distribution of cocaine base (mixture) (two counts); Southern District of Indiana

Sentence: 360 months' imprisonment; five years' supervised release (June 9, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Albert J. Josey, Jr. – Sayreville, NJ

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

Sentence: 262 months' imprisonment; five years' supervised release; $1,000 fine (October 3, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $1,000 fine remitted.

 

·         Keldren Joshua – Los Angeles, CA

Offense: Conspiracy to possess with intent to distribute a controlled substance; Central District of California

Sentence: 188 months' imprisonment; five years' supervised release (August 21, 2006); amended to 168 months' imprisonment (November 10, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Cory Baker Kamerud – Aberdeen, SD

Offense: Conspiracy to distribute methamphetamine; Northern District of Iowa

Sentence: 240 months' imprisonment; 10 years' supervised release (May 7, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Charceil Kellam – Berryville, VA

Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribute 50 grams or more of cocaine base; distribution of cocaine base; distribute more than 5 grams of cocaine base; Western District of Virginia

Sentence: Life imprisonment; 10 years' supervised release (August 24, 2007)

Commutation Grant: Prison sentence commuted to a term of 160 months' imprisonment.

 

·         Kenneth Lee Kelley – Westville, OK

Offense: Felon in possession of firearm after former conviction (two counts); possession of stolen firearm; attempt to manufacture methamphetamine (three counts); possession with intent to deliver methamphetamine; possession with intent to deliver methamphetamine; possession with intent to distribute methamphetamine; possession of methamphetamine; possesssion of a firearm in furtherance of a drug trafficking crime; Eastern District of Oklahoma

Sentence: 360 months' imprisonment; eight years' supervised release  (April 27, 2004)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Milton Kemp – Jewell, GA

Offense: Conspiracy to possess with intent to distribute and to distribute crack cocaine; distribution of crack cocaine; Southern District of Georgia

Sentence: 280 months' imprisonment; 10 years' supervised release (April 19, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Joseph Willie Kennedy – Randallstown, MD

Offense: Conspiracy to distribute and possess with intent to distribute a mixture or substance containing a detectable amount of cocaine, aiding and abetting; District of Maryland

Sentence: Life imprisonment (December 14, 1992)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Delinege King – Houston, TX

Offense: Possession with intent to distribute more than 50 grams of cocaine base; Eastern District of Louisiana

Sentence: 240 months' imprisonment; 10 years' supervised release (November 27, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Vince Cordell King – Detroit, MI

Offense: Possession with intent to distribute cocaine base (two counts); using or carrying of a firearm during and in relation to a drug trafficking crime; felon in possession of a firearm; Eastern District of Michigan

Sentence: Life plus five years' imprisonment; eight years' supervised release (May 21, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Kent Edward Kiser – Manassas, VA

Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine; possession of a firearm in furtherance of drug trafficking; Eastern District of Virginia

Sentence: 270 months' imprisonment; eight years' supervised release (March 10, 2006)

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

 

·         James LaRon Knight – Jonesboro, GA

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

Sentence: 292 months' imprisonment; five years' supervised release (November 23, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Derrick Tyrone Lamb – Fort Pierce, FL

Offense: Possession with intent to distribute cocaine base; possession with intent to distribute five grams or more of cocaine base; Southern District of Florida

Sentence: 235 months' imprisonment; five years' supervised release (March 3, 2008)

Commutation Grant: Prison sentence commuted to a term of 151 months' imprisonment.

 

·         Charlie Lawuary – Springfield, IL

Offense: Possession of controlled substance with intent to distribute; Central District of Illinois

Sentence: Life imprisonment; eight years' supervised release (July 27, 1998)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Josephine Ledezma – Rialto, CA

Offense: Conspiracy to possess with the intent to distribute a Schedule II controlled substance (cocaine); being aided and abetted by others, did unlawfully, knowingly, and intentionally possess and cause to be possessed, with intent to distribute, a Schedule II controlled substance (cocaine); Western District of Tennessee

Sentence: Life imprisonment (October 30, 1992)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         James Allen Ledford – Auburndale, FL

Offense: Possession with intent to distribute 500 grams or more of methamphetamine; Middle District of Florida

Sentence: Life imprisonment; 10 years' supervised release (January 16, 2004)

Commutation Grant: Prison sentence commuted to a term of 235 months' imprisonment.

 

·         Eric L. Lemon – St. Petersburg, FL

Offense: Conspiracy to distribute 50 grams or more of cocaine base; Middle District of Florida

Sentence: 188 months' imprisonment; 10 years' supervised release (June 6, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Gregory Allen Liningham – Los Angeles, CA

Offense: Possession of more than 50 grams of "crack" cocaine with intent to distribute; Western District of Texas

Sentence: Life imprisonment; 10 years' supervised release; $3,000 fine (December 1, 1993)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Antonio Lopez – Grand Prairie, TX

Offense: Conspiracy to possess with intent to distribute methamphetamine; Eastern District of Texas

Sentence: 360 months' imprisonment; five years' supervised release (October 26, 2000)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Jeffrey Lundin – Livingston, TX

Offense: Conspiracy to import cocaine into the United States; conspiracy to distribute cocaine; possession with intent to distribute cocaine while aboard a United States vessel; Southern District of Florida

Sentence: 324 months' imprisonment; five years' supervised release (September 15, 1998)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Edwin M. Mack – Fort Myers, FL

Offense: Conspiracy to possess with intent to distribute a quantity of cocaine base, "crack cocaine"; distribution of a quantity of cocaine base, "crack cocaine" (two counts); possession with intent to distribute 50 grams or more of cocaine base, "crack cocaine"; possession of a firearm by a convicted felon; possession of an unregistered firearm (incorrectly listed on the judgment as possession of a firearm by a convicted felon); Middle District of Florida

Sentence: Life imprisonment; 10 years' supervised release (November 1, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Alonzo Mackins, Jr. – Charlotte, NC

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine, cocaine base, heroin, and marijuana; conspiracy to commit money laundering; Western District of North Carolina

Sentence: Life imprisonment; 10 years' supervised release (October 8, 1999); amended to 360 months’ imprisonment; three years’ supervised release (August 14, 2006); amended to life imprisonment (September 2, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Alberto Maisonet – Philadelphia, PA

Offense: Distribution of cocaine base (two counts); distribution of cocaine (two counts); possession with intent to distribute cocaine; illegal use of a communication facility (four counts); Eastern District of Pennsylvania

Sentence: 262 months' imprisonment; eight years' supervised release (February 23, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Sheldon Paul Mangiapane – Hot Springs, AR

Offense: Possession with intent to distribute 50 grams or more of methamphetamine; Eastern District of Missouri

Sentence: 240 months' imprisonment; 10 years' supervised release (September 13, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Tommy M. Martinez – Sparta, IL

Offense: Conspiracy to distribute crack cocaine; distribution of crack cocaine; Southern District of Illinois

Sentence: Life imprisonment; five years' supervised release; $4,000 fine (April 7, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $4,000 fine remitted.

 

·         Robert L. Matthews – Memphis, TN

Offense:         1. Distribution of cocaine base; possession with intent to distribute cocaine

                        base; Northern District of Mississippi

2. Supervised release violation (possession with intent to distribute cocaine base); Western District of Tennessee

Sentence:        1. 280 months' imprisonment; eight years’ supervised release (June 13, 1997)

2. 15 months' imprisonment (consecutive) (September 30, 1998)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         James A. McGee – Chidester, AR

Offense: Conspiracy to manufacture methamphetamine; possession of chemicals with intent to manufacture methamphetamine (three counts); Southern District of Florida

Sentence: Life imprisonment; five years' supervised release (April 4, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Artis Sangria McGraw – Saluda, SC

Offense: Possession with intent to distribute crack cocaine; use of fiream during and in relation to a crime of violence; felon in possession of a firearm; possession of a firearm with obliterated serial numbers; District of South Carolina

Sentence: 270 months' imprisonment; five years' supervised release (September 30, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Reba L. McIntyre – Hayti, MO

Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Missouri

Sentence: 262 months' imprisonment; eight years' supervised release (June 26, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Torey A. McKay – Wesley Chapel, FL

Offense: Possession with intent to distribute and distribute five grams or more of cocaine base (two counts); possession with intent to distribute and distribute 50 grams or more of cocaine base; possession with intent to distribute and distribute a quantity of cocaine; Middle District of Florida

Sentence: 262 months' imprisonment; five years' supervised release (March 29, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Rudolph McKinnon, Jr. – Fort Walton Beach, FL

Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute five grams or more of a mixture and substance containing cocaine; possession of a firearm in furtherance of a drug trafficking crime; Northern District of Florida

Sentence: 300 months' imprisonment; 10 years' supervised release; $1,000 fine (October 26, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         John Anthony Mickens – Louisa, VA

Offense: Conspiracy to distribute cocaine base; possession of a firearm during and in relation to a drug trafficking offense; Western District of Virginia

Sentence: 211 months' imprisonment; five years' supervised release (June 25, 2007); amended to 181 months’ imprisonment (October 21, 2008); amended to 180 months’ imprisonment (October 14, 2011)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         David Dean Millard – Grimes, IA

Offense: Conspiracy to distribute methamphetamine; use of communication facility to distribute methamphetamine (two counts); Southern District of Iowa

Sentence: Life imprisonment; 10 years' supervised release (October 10, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.  

 

·         Titus Jerrard Mobley – Groveland, FL

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

Sentence: 210 months' imprisonment; five years' supervised release (June 23, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.  

 

·         Tyrone Montgomery – Lexington, KY

Offense: Possession with intent to distribute cocaine base; possession with intent to distribute cocaine and cocaine base; Western District of Kentucky

Sentence: 288 months' imprisonment; 10 years' supervised release (June 27, 2008)

Commutation Grant: Prison sentence commuted to a term of 209 months' imprisonment.

 

·         Ronald Perry Moon – Commerce, GA

Offense: Possession with intent to distribute crack cocaine; possession with intent to distribute cocaine; possession with intent to distribute methamphetamine; Northern District of Georgia

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

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of $2,000 fine remitted.

 

·         Martin Brandon Moore – Fort Lauderdale, FL

Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of a mixture and substance containing cocaine base and more than 5 kilograms of a mixture and substance containing cocaine; principal to possession with intent to distribute cocaine and more than 50 grams of a mixture and substance containing cocaine base; Northern District of Florida

Sentence: Life imprisonment; 10 years' supervised release (May 30, 2007)

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

 

·         Michael L. Moore – Mount Vernon, NY

Offense: Conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine; distribution of 500 grams or more of cocaine; distribution of five kilograms or more of cocaine; Eastern District of Virginia

Sentence: 360 months' imprisonment; five years' supervised release (June 5, 1998); amended to 292 months' imprisonment (October 27, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Amir Morgan – Evansville, IN

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine (mixture); Southern District of Indiana

Sentence: 240 months' imprisonment; 10 years' supervised release (December 19, 2007)

Commutation Grant: Prison sentence commuted to expire on July 1, 2017.

 

·         Lucille Mae Morse – Billings, MT

Offense: Distribution/possession with intent to distribute heroin/methamphetamine (two counts); possession with intent to distribute methamphetamine (six counts); District of Montana

Sentence: 240 months' imprisonment; 10 years' supervised release (November 29, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Luciano Murga – Houston, TX

Offense: Conspiracy to distribute and possess with intent to distribute 1,000 kilograms or more of marijuana; Northern District of Florida

Sentence: 240 months' imprisonment; 10 years' supervised release; $800 fine (January 25, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Robert Earl Nettles – Fort Pierce, FL

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

Sentence: 262 months' imprisonment; five years' supervised release (January 22, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Linton C. Nichols – Cleveland, OH

Offense: Possession with intent to distribute more than 50 grams of cocaine base (crack); possession of a firearm by a convicted felon; Nothern District of Ohio

Sentence: Life imprisonment; 10 years' supervised release (January 15, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Robert Lee Nickles – Mobile, AL

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

Sentence: 240 months' imprisonment; 10 years' supervised release (August 27, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Hilario Nieto, III – San Antonio, TX

Offense:         1. Possession with intent to distribute heroin; Western District of Texas

2. Distribution of a controlled substance, heroin; Western District of Texas

Sentence:        1. 188 months’ imprisonment; five years’ supervised release (Feburary 5, 2004)

2. 188 months’ imprisonment (60 months’ consecutive to above offense, the remainder concurrent); three years' supervised release (August 9, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Francisco Olivera – Modesto, CA

Offense:         1. Use of a communication facility in the commission of a drug offense;

                        Eastern District of California

2. Conspiracy to manufacture and to possess methamphetamine with intent to distribute; attempted manufacture of methamphetamine, aiding and abetting; possession of a listed chemical knowing that it will be used to manufacture methamphetamine, aiding and abetting; Eastern District of California

Sentence:        1. 48 months' imprisonment; 12 months’ supervised release (March 16,                                1998)

2. 324 months' imprisonment (consecutive); 36 months' supervised release (November 3, 2000)

Commutation Grant: Prison sentence commuted to a term of 288 months' imprisonment.

 

·         Kenyatta O'Neil – San Antonio, TX

Offense: Distribution of cocaine base (two counts); Western District of Texas

Sentence: 188 months' imprisonment; five years' supervised release (March 30, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Candido Ortiz-Martinez – Pagedale, MO

Offense: Conspiracy to distribute and possess with intent to distribute cocaine; possession of firearm during the commission of a drug trafficking crime (two counts); distribution of cocaine; Eastern District of Missouri

Sentence: 592 months' imprisonment; five years' supervised release (December 12, 1991); amended to 535 months' imprisonment (March 30, 2015)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Lonnie Dwayne Payne – St. Louis, MO

Offense: Conspiracy to possess with intent to distribute cocaine; interstate transportation of a firearm by a felon; Eastern District of Missouri

Sentence: 324 months' imprisonment; 10 years' supervised release (September 25, 2003); amended to 240 months' imprisonment (April 21, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jeremy Payton – Winnfield , LA

Offense: Conspiracy to distribute 50 grams or more of cocaine base; Western District of Louisiana

Sentence: 240 months' imprisonment; 10 years' supervised release (January 8, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Erenio C. Perez – Colorado Springs, CO

Offense: Conspiracy and possession with intent to distribute more than one kilogram of a mixture and substance containing a detectable amount of methamphetamine and aiding and abetting the manufacture in excess of one kilogram of methamphetamine; possession and aiding and abetting the possession of ephedrine with intent to manufacture methamphetamine (two counts); possession and aiding and abetting possession with intent to distribute more than 100 grams of a mixture or substance containing methamphetamine; possession of a firearm by a convicted felon (two counts); District of Colorado

Sentence: Life imprisonment; 10 years' supervised release (April 19, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Sharon Price – Nacogdoches, TX

Offense: Conspiracy to commit money laundering; Western District of Texas

Sentence: 235 months' imprisonment; three years' supervised release; $20,000 fine (June 6, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $20,000 fine remitted.

 

·         Thomas Jefferson Price, III – Kernersville, NC

Offense: Conspiracy: possess with intent to distribute and distribute methamphetamine; possess with intent to distribute methamphetamine (three counts); Middle District of North Carolina

Sentence: 330 months' imprisonment; five years' supervised release (May 24, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jack Dewhan Randolph – Charlotte, NC

Offense: Possession of a firearm during and in relation to a drug trafficking crime and aiding and abetting the same (two counts); Western District of North Carolina

Sentence: 360 months' imprisonment; three years' supervised release (November 29, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Evans Ray, Jr.  – Fort Washington, MD

Offense: Distribution of cocaine and crack cocaine, aiding and abetting; felon in possession of a firearm and ammunition, aiding and abetting; District of Maryland

Sentence: 324 months' imprisonment; 10 years' supervised release (May 7, 2007); amended to life imprisonment (May 15, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Keith Ray – Minneapolis, MN

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

Sentence: 263 months' imprisonment; five years' supervised release; $2,500 fine (April 17, 2003)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Richard D. Reid – Wilmington, DE

Offense: Felon in possession of a firearm and ammunition (five counts); possession of a firearm in furtherance of a drug trafficking offense; possession with intent to distribute more than 50 grams of a cocaine base (crack); possession with the intent to distribute cocaine; possession of crack cocaine; possession of marijuana; District of Delaware

Sentence: 300 months' imprisonment; 10 years' supervised release (September 4, 2007)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Ricardo Renteria – Irving, TX

Offense:         1. Conspiracy to distribute at least five kilograms of cocaine; Western

                        District of Texas

2. Conspiracy to possess with intent to manufacture and distribute methamphetamine; Eastern District of Texas

Sentence:        1. 235 months' imprisonment; five years’ supervised release; $1,000 fine (August 22, 2007); amended to 188 months’ imprisonment (August 24, 2015)

2. 135 months' imprisonment; five years' supervised release (October 8, 2008); amended to 108 months' imprisonment (November 13, 2015)

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

 

·         Richard L. Reser – Sedgwick, KS

Offense: Possession with intent to distribute methamphetamine; possession of firearm while trafficking in drugs (two counts); possession of a firearm by a felon; distribution of methamphetamine; conspiracy to distribute methamphetamine; District of Kansas

Sentence: 480 months' imprisonment; eight years' supervised release (December 20, 1989)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Samuel Reyes – Coral Springs, FL

Offense: Conspiracy to possess with intent to distribute detectable amount of cocaine; Southern District of Florida

Sentence: 210 months' imprisonment; five years' supervised release (November 24, 2003)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Broderick Richardson – Louisville, KY

Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute cocaine; Western District of Kentucky

Sentence: 240 months' imprisonment; 10 years' supervised release (September 27, 2005)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         William C. Robertson, Sr. – New Orleans, LA

Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession with intent to distribute cocaine; Northern District of Florida

Sentence: 240 months' imprisonment; 10 years' supervised release; $1,000 fine (November 8, 2001)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Derwlyn Rosborough – Lake View Terrace, CA

Offense: Possession with intent to distribute cocaine; District of Wyoming

Sentence: 240 months' imprisonment; five years' supervised release, $2,000 fine (December 5, 2002)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Thomas R. Ross – Fairfield, CA

Offense: Conspiracy to manufacture methamphetamine; conspiracy to distribute pseudoephedrine with knowledge or reasonable cause to believe that it would be used to manufacture a controlled substance; distribution of pseudoephedrine with knowledge or reasonable cause to believe it would be used to manufacture a controlled substance and aiding and abetting; Eastern District of California

Sentence: 240 months' imprisonment; five years' supervised release (April 26, 2001)

Commutation Grant: Prison sentence commuted to expire on September 2, 2016.

 

·         Jerome Rowser – Birmingham, AL

Offense: Possession with 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; felon in possession of firearms; Northern District of Alabama

Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (August 19, 2004)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Alphonso P. Rubalcava – Rock Island, IL

Offense: Conspiracy to distribute controlled substances; Central District of Illinois

Sentence: Life imprisonment; 10 years' supervised release (July 19, 2002); amended to 327 months' imprisonment (June 22, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Breon Montez Sanders – Wilmington, NC

Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base (crack) and five kilograms of cocaine; Eastern District of North Carolina

Sentence: 295 months' imprisonment; five years' supervised release (August 17, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Michael Sandmeyer – Rockford, IA

Offense: Possession with intent to distribute 500 grams or more of methamphetamine (mixture) after having previously been convicted of a felony drug offense; felon in possession of a firearm; Northern District of Iowa

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

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Kelvin Jerome Shears, Jr. – Rock Island, IL

Offense: Possession with intent to distribute cocaine base; Southern District of Iowa

Sentence: 235 months' imprisonment; eight years' supervised release (April 23, 2007)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Andrew Simmons, III – Lake Charles, LA

Offense: Possess with intent to distribute cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Western District of Louisiana

Sentence: 300 months' imprisonment; 10 years' supervised release (September 14, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Martin Ruiz Singh – Marshalltown, IA

Offense: Conspiracy to distribute methamphetamine; distribution of methamphetamine (three counts); felon in possession of a firearm ; Southern District of Iowa

Sentence: Life imprisonment; 10 years' supervised release (July 12, 2006)

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

 

·         Kenneth H. Smith – Nashville, TN

Offense: Possession with intent to distribute cocaine base (crack cocaine); convicted felon in possession of firearms; false written statement to licensed firearm dealer; Middle District of Tennessee

Sentence: 240 months' imprisonment; 10 years' supervised release (January 29, 2001)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Kenneth Junior Smith – Brooklyn, NY

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base, aid and abet (three counts); felon in possession of a firearm; District of South Carolina

Sentence: Life imprisonment; 10 years' supervised release (June 14, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Noriel K. Snider – St. Louis, MO

Offense: Possession with intent to distribute cocaine base; Eastern District of Missouri

Sentence: 196 months' imprisonment; four years' supervised release (June 8, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Martin Souza – Chicago, IL

Offense: Conspiracy to possess with intent to distribute and distribution of cocaine; Northern District of Ohio

Sentence: Life imprisonment (December 15, 1999)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Christopher Stanton – Pensacola, FL

Offense: Possession of firearm by a convicted felon; possession with intent to distribute five grams or more of cocaine base; Northern District of Florida

Sentence: 360 months' imprisonment; eight years' supervised release (July 25, 2006)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Sandy Steen, Jr. – San Antonio, TX

Offense: Possession with intent to distribute a quantity of cocaine base; Western District of Texas

Sentence: Life imprisonment (December 3, 1993)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Cedric DeWayne Stephens – Waco, TX

Offense: Conspiracy to possess with intent to distribute at least 1,000 kilograms of marijuana; conspiracy to commit money laundering; Western District of Texas

Sentence: 120 months' imprisonment; five years' supervised release; $2,000 fine; $2,000,000 forefeiture (July 15, 2011)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and obligation and payment of forfeiture remitted.

 

·         Terry Storeby – Waverly, FL

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

Sentence: Life imprisonment; 10 years' supervised release (January 29, 2003)

Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.

 

·         Minnie Pearl Thomas – Allentown, GA

Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; distribution of cocaine; Middle District of Georgia

Sentence: Life imprisonment; 10 years' supervised release (July 20, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Vincent Thomas – Gonzales, LA

Offense: Violations of the Federal Controlled Substances Act (two counts); Eastern District of Louisiana

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

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Derrick Anthony Timmons – Herndon, VA

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

Sentence: 300 months' imprisonment; 10 years' supervised release (September 1, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         John L. Tolliver – Holly, MI

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

Sentence: 240 months' imprisonment; 10 years' supervised release; $250 fine (June 23, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and 10-year term of supervised release commuted to five-year term of supervised release.

 

·         Terrence Upshaw – Yonkers, NY

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

Sentence: Life imprisonment (December 29, 1998)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

 

·         Ronald Wade – Daytona Beach, FL

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

Sentence: Life imprisonment; five years' supervised release; $25,000 fine (April 5, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, and unpaid balance of the $25,000 fine remitted, conditioned upon enrollment in residential drug treatment.

 

·         Jimmy L. Walden, Jr.  – Morristown, TN

Offense: Possession with the intent to distribute five grams or more of cocaine base; possession with the intent to distribute 50 grams or more of cocaine base; possession with the intent to distribute a quantity of cocaine; possession with the intent to distribute a quantity of marijuana; Eastern District of Tennessee

Sentence: Life imprisonment (May 19, 2008)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Rodney Edward Wall – Rockingham, NC

Offense: Conspiracy to possess with intent to distribute and distribute cocaine and cocaine base within 1,000 feet of a protected area; possession with intent to distribute cocaine base; Western District of North Carolina

Sentence: Life imprisonment; 10 years' supervised release (July 7, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Clarence Ward – Hollywood, FL

Offense: Possession with intent to distribute cocaine base (four counts); felon in possession of a firearm; Southern District of Florida

Sentence: Life imprisonment; 10 years' supervised release (December 20, 2004)

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

 

·         Richard Douglas Warrick – Englewood, NJ

Offense: Drug conspiracy: controlled substance, sell, distribute or dispense mixture of cocaine base; controlled substance, sell, distribute or dispense mixture cocaine base (two counts); Northern District of Alabama

Sentence: 360 months' imprisonment; five years' supervised release; $500 fine (January 10, 1996)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Jamel Washington – Austin, TX

Offense: Possession of a controlled substance with intent to distribute; felon in possession of a firearm; Western District of Texas

Sentence: 262 months' imprisonment; eight years' supervised release (December 1, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Dennis Merrimon Waters – Hendersonville, NC

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

Sentence: Life imprisonment; 10 years' supervised release (October 1, 2002)

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

 

·         Dennis L. Webb – Washington, DC

Offense: Unlawful distribution of five grams or more of cocaine base (two counts); unlawful distribution of 50 grams or more of cocaine base (incorrectly listed on the judgment as cocaine); unlawful possession with intent to distribute cocaine base; District of Columbia

Sentence: 360 months' imprisonment; 10 years' supervised release (August 13, 1999)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Billy Whitehead – North Little Rock, AR

Offense: Conspiracy to distribute cocaine base; aiding and abetting the distribution of less than five grams of cocaine base (two counts); distribution of more than five grams of cocaine base (two counts); aiding and abetting the distribution of more than five grams of cocaine base (two counts); Eastern District of Arkansas

Sentence: 240 months' imprisonment; 10 years' supervised release (April 21, 2000)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Patricia Widener – Glade Spring, VA

Offense: Conspiracy to manufacture 500 grams or more of methamphetamine; Western District of Virginia

Sentence: 240 months' imprisonment; 10 years' supervised release; $10,950 restitution (November 13, 2006)

Commutation Grant: Prison sentence commuted to a term of 151 months’ imprisonment, and unpaid balance of restitution obligation remitted.  

 

·         Ralph K. Williams – Baltimore, MD

Offense: Conspiracy to distribute cocaine; District of Maryland

Sentence: 360 months' imprisonment; five years' supervised release; $6 million forfeiture (February 25, 2005)

Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment and obligation and payment of forfeiture remitted.

 

·         Byron Willis – Knoxville, TN

Offense: Distribution of 500 grams or more of cocaine hydrochloride; Eastern District of Tennessee

Sentence: 240 months' imprisonment; eight years' supervised release (March 7, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Damion M. Wilson – Caruthersville, MO

Offense: Distribution of five grams or more of a substance containing a detectable amount of cocaine base; Eastern District of Missouri

Sentence: 188 months' imprisonment; five years' supervised release (March 19, 2008)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         David Dejuan Wise – Montgomery, AL

Offense: Conspiracy to distribute and possess with intent to distribute cocaine hydrochloride; possession with intent to distribute cocaine hydrochloride and aiding and abetting; possession of cocaine base; Middle District of Alabama

Sentence: 240 months' imprisonment; eight years' supervised release (July 13, 2005)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

·         Karen Denise Witherspoon – Lenoir, NC

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

Sentence: 324 months' imprisonment; five years' supervised release (September 10, 2007); amended to 262 months' imprisonment (November 19, 2015)

Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.

 

·         Ervin Darnell Worthy – Akron, OH

Offense:        1. Felon in possession of a firearm; possession of a firearm with an altered serial number; Northern District of Ohio

2. Conspiracy to possess with the intent to distribute cocaine; Northern District of Ohio

Sentence:       1. Life imprisonment (February 7, 1996)

2. Life imprisonment (February 7, 1996)

Commutation Grant: Prison sentence commuted to expire on August 3, 2017.

·         James Wright – Baltimore, MD

Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; possession with intent to distribute cocaine base and aiding and abetting; District of Maryland

Sentence: 240 months' imprisonment; five years' supervised release (May 4, 2006)

Commutation Grant: Prison sentence commuted to expire on December 1, 2016.

 

          In December 2015, President Barack Obama proclaimed January 2016 as “National Slavery and Human Trafficking Prevention Month,” and called to rededicate ourselves to assisting victims of human trafficking and to combating it in all its forms.

          In January 2016, the Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands (CNMI) proclaimed the month of January as “National Slavery and Human Trafficking Prevention Month,” and the CNMI Senate presented a legislative resolution -- all calling for the protection of human rights and encouraging our community to be vigilant,  and compassionate to victims and their families.

          The Guam HTTF and NMI HTIC organized and held events during National Slavery and Human Trafficking Prevention Month: a proclamation signing in Guam and Saipan, NMI; a community wave by Skinner Plaza in Hagatna, the capital of Guam; and a human trafficking awareness workshop for employees at the Guam Department of Public Health and Social Services; and outreaches held at high schools in Saipan, NMI.

          In March 2016, U.S. Attorney Alicia Limtiaco and members of the Guam Human Trafficking Task Force (HTTF) and the NMI Human Trafficking Intervention Coalition (HTIC) attended the 13th Hawaii International Summit: Preventing Assessing & Treating Trauma Across the Lifespan, where U.S. Attorney Limtiaco was a speaker and facilitator at the Human Trafficking Track Pre-Summit 2016 Pacific Train the Trainer Course. The goal of the course was to support the creation of a network of professionals in the Pacific region working to build peace within our communities. This course will be used to establish a Pacific Speakers Bureau for a range of justice, human rights and other topics relevant to Pacific Island peoples.

           In April 2016, U.S. Attorney Limtiaco was invited to American Samoa to participate in a series of meetings with the American Samoa Human Trafficking Task Force, Samoa Victim Support Group (SVSG), American Samoa Pacific Women Indigenous Network (PacWIN), American Samoa Attorney General’s Office, American Samoa Department of Homeland Security, American Samoa Department of Health and Human Services, American Samoa Domestic Violence Shelter, and American Samoa Legal Services. She also conducted trainings with the American Samoa Attorney General’s Office, the American Samoa Legal Services, and the principals of the American Samoa School System.

          In May 2016, U.S. Attorney Limtiaco was a keynote speaker at the 2016 kNOw MORE Conference, Celebrating Diversity in Micronesia: Empowering and Developing Communities Together, held at the Westin Hotel in Tumon, Guam.

          U.S. Attorney Limtiaco spoke on the topic of “Preventing Human Trafficking in the Pacific Region,” and shared information on the Pacific Regional Response to Combat Human Trafficking initiative, which is a collaborative effort among the U.S. Attorney’s Office for the Districts of Guam and the NMI, the U.S. Department of State, Office to Monitor and Combat Trafficking in Persons, U.S. Department of the Interior, Office of Insular Affairs, the U.S. Department of Labor, the Guam HTTF, the NMI HTIC, and other community partners. U.S. Attorney Limtiaco also  discussed the intersection and relationship between human trafficking, sexual assault, child abuse and domestic and family violence, and prevention and enforcement efforts in the Pacific region.

          The U.S. Attorney’s Office in collaboration with federal and local partners, Guam HTTF and NMI HTIC, continue to work collaboratively on the Pacific Regional Response to Combat Human Trafficking initiative. The Pacific Regional Response to Combat Human Trafficking initiative employs a multidisciplinary model, including participation, coordination, and collaboration among law enforcement; prosecution; victim service providers; social services; medical, mental and public health professionals; faith based organizations; educational institutions; Consulates; and other community stakeholders. The response calls for the establishment and provision of victim services, investigation and prosecution of human trafficking, training opportunities, community outreach/ public awareness and prevention programs, and creation of human trafficking task forces and coalitions in the Pacific region island communities. Providing fundamental training in human trafficking, including victimization, investigation and prosecution, prevention efforts, and other related topics, to law enforcement; prosecution; victim service providers; social services; medical, mental and public health professionals; faith based organizations; educational institutions; Consulates; and other community stakeholders, in our Pacific region island communities, is critical to effective prevention and enforcement efforts in the region. 

          The Guam HTTF and the CNMI HTIC, and other community partners, continue to respond to the needs of human trafficking victims and their families, and to hold offenders accountable.

 

          Photos taken at the various events.

Acting Governor of Guam, Raymond Tenorio, taken at the Proclamation Signing held at the Government House CNMI Human Trafficking Intervention Coalition members at the Governor’s Office for the Proclamation Signing in Saipan, NMI U.S. Attorney Alicia Limtiaco and First Assistant Shawn Anderson at the Human Trafficking Awareness and Prevention Wave in Guam Human Trafficking Awareness and Prevention Wave in Guam U.S. Attorney Alicia Limtiaco was invited to train nurses and staff at the Guam Department of Public Health and Social Services U.S. Attorney Alicia Limtiaco at the 2016 kNOw MORE Conference: Celebrating Diversity in Micronesia: Empowering and Developing Communities Together U.S. Attorney Limtiaco meeting with members of the American Samoa Pacific Women Indigenous Network (PacWIN) U.S. Attorney Limtiaco meeting with staff from the American Samoa Attorney General’s Office U.S. Attorney Alicia Limtiaco meeting with Director Fainu’ulelei Ala’ilima-Utu and his staff from the American Samoa Legal Services, in American Samoa U.S. Attorney Alicia Limtiaco meeting with Suzanna Tiapula, Distinguished Fellow at IVAT and Utuali’i luniasolua Tului Savusa, Director, Department of Homeland Security and Chair of the Human Trafficking Task Force, in American Samoa

 

The U.S. District Court for the District of Maryland has permanently barred Lateisha Kone aka Vanessa Dickens of Baltimore, Maryland, from preparing federal tax returns for others, the Justice Department announced today.

The civil injunction order prohibits Kone from acting as a federal tax return preparer and from owning, operating, or profiting from a tax-return preparation business.  Kone agreed to the entry of the injunction but did not admit the allegations in the civil complaint against her.

According to the complaint, Kone owned and operated six Liberty Tax Service franchise stores in Baltimore.  Kone and her employees allegedly prepared federal income tax returns that, among other things, contained bogus Schedules C (Profit or Loss from Business) and intentionally omitted Form W-2 (Wage and Tax Statement) income and Social Security Income.  These fraudulent returns improperly generated federal income tax refunds and tax credits, such as the Earned Income Tax Credit, for Kone’s clients, according to the complaint.

The government alleges that Kone and her employees filed 1,222 returns that reported fictitious household help income (HSH Income).  Many of the returns allegedly reported substantially the same amount of HSH income, which generated fraudulent Earned Income Tax Credits and federal tax refunds.  Kone then kept each refund as a preparation fee while the customers only received a $50 cash payment as part of the Liberty Tax “Cash-In-A-Flash” promotion, according to the complaint.

Return preparer fraud is one of the Internal Revenue Service’s (IRS) Dirty Dozen Tax Scams for 2016.  The IRS has some tips on its website for choosing a tax preparer and has launched a free directory of federal tax preparers.  In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters.  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.       

Deputy Attorney General Sally Q. Yates released the following statement following President Obama’s commutation of 214 sentences today:

"Today's historic announcement is yet another step in the administration's efforts to restore proportionality to unnecessarily long drug sentences.  In just the first eight months of 2016, the President has more than doubled the number of commutations granted in all of 2015.  But we are not done yet, and we expect that many more men and women will be given a second chance through the Clemency Initiative."

Memphis, TN – U.S. Attorney Edward L. Stanton III will join law enforcement and community leaders on Tuesday, August 2nd as part of the annual National Night Out crime and drug prevention event.

"National Night Out is a perfect opportunity for citizens to stand in solidarity with their neighbors, community stakeholders and law enforcement officials," said U.S. Attorney Stanton. "Collaborative events like this help restore and strengthen community trust with law enforcement as we work together to make our neighborhoods safer places to live, work and worship."

National Night Out is designed to: heighten crime and drug prevention awareness; generate support for and participation in local anticrime efforts; strengthen neighborhood spirit and police-community partnerships; and send a message to criminals letting them know neighborhoods are organized and fighting back.

National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events today.

Today, the Department of Justice and the Pascua Yaqui Tribe announced the tribe  has officially begun to access and exchange critical law enforcement data with national crime information databases, a step forward in joint federal-tribal efforts to strengthen community safety, solve crimes, protect law enforcement and provide efficient services to local governments, such as pre-employment background checks. 

The Pascua Yaqui Tribe, located near Tucson, Arizona, is one of 9 tribes to participate in the initial User Feedback Phase of the Department of Justice’s Tribal Access Program for National Crime Information (TAP), a program to provide federally recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purposes.  

“With this initiative, tribal law enforcement agencies within our District will have the same access to critical information as our metropolitan agencies,” said U.S. Attorney John S. Leonardo for the District of Arizona.

“The bottom line is that the TAP will close gaps and loopholes in our tribal criminal justice system and help us protect our community and we are thankful for the collaboration with our federal and state partners,” said Pascua Yaqui Tribal Chairman Robert Valencia.

“It is our hope that TAP can minimize the national crime information gap and drive a deeper and more meaningful collaboration between the federal, state, local and tribal criminal justice communities,” said Justice Department Chief Information Officer Joseph F. Klimavicz.

The Pascua Yaqui Tribe currently prosecutes crimes committed by non-Indians in domestic violence cases on the reservation through the exercise of Special Domestic Violence Criminal Jurisdiction (SDVCJ), established most recently by the 2013 Reauthorization of the Violence Against Women Act (VAWA).  The exercise of SDVCJ authority has exposed many gaps in justice information access and sharing, for tribes and off-reservation state agencies.  TAP will help remedy these gaps. 

First, the TAP will allow the tribe to enter tribal orders of protection to the National Criminal Information Center (NCIC), a national electronic database, which will provide off-reservation law enforcement agencies electronic access to enforce these orders of protection if violated off-reservation.  Currently, tribal orders of protection are only enforceable off-reservation if the victim has a copy of the order of protection.

The tribe will also be able to enter tribal domestic violence criminal convictions into NCIC.  This will provide all law enforcement agencies and licensed firearms dealers, regardless of location, the ability to halt a transfer of a firearm to an individual prohibited from possessing firearms, including those prohibited from possessing firearms because of a tribal order of protection.  The effect is that prohibited firearm possessors may face prosecution if found in possession of weapons.  Ultimately, this could result in the prevention of escalating incidents of crime and violence.

Finally, cases prosecuted under special domestic violence criminal jurisdiction may result in a warrant issued for individuals who flee the reservation boundaries to avoid prosecution in tribal court.  TAP will assist in the extradition of these individuals to tribal court to face justice for acts committed on the reservation.

Background on the TAP User Feedback Phase

TAP supports tribes in analyzing their needs for national crime information and helps provide appropriate solutions, including a state-of-the-art biometric/biographic computer workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access the FBI’s Criminal Justice Information Service (CJIS) systems for criminal and civil purposes through the Department of Justice.  TAP also provides specialized training and assistance for participating tribes.

This initial phase, funded by the Office of Justice Programs’ Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART) and supported with technical assistance from the Office of the Chief Information Officer, will focus on assisting tribes that have law enforcement agencies.  In the future, the department will seek to address the needs of the remaining tribes and find a long-term solution.  The Department of Justice’s commitment to finding permanent and individual solutions to the long-standing problems with inconsistent access for tribes to federal criminal databases remains ongoing and is a top priority for many department components. 

“We have worked closely with our tribal partners to develop solutions that will broadly benefit tribal communities,” said Director Tracy Toulou of the Justice Department’s Office of Tribal Justice.  “TAP is the result of innovative thinking by people actively listening to tribal concerns and finding ways to deliver technology that ensures public safety through the exchange of critical information.”

The User Feedback Phase  grants access to national crime information databases and technical support to the following tribes: the Cherokee Nation in Oklahoma, the Eastern Band of Cherokee Indians of North Carolina, the Keweenaw Bay Indian Community in Michigan, the Pascua Yaqui Tribe of Arizona, the Suquamish Indian Tribe of the Port Madison Reservation in Washington, the Gila River Indian Community of the Gila River Reservation in Arizona, the Tulalip Tribes of Washington, the Confederated Tribes of the Umatilla Indian Reservation in Oregon and the White Mountain Apache Tribe of the Fort Apache Reservation in Arizona.

While in the Tribal Law and Order Act of 2010 Congress required the Attorney General to ensure that tribal officials that meet applicable requirements be permitted access to national crime information databases, the ability of tribes to fully participate in national criminal justice information sharing via state networks has been dependent upon various regulations, statutes and policies of the states in which a tribe’s land is located.  Therefore, improving access for tribal law enforcement to federal crime information databases has been a departmental focus for several years.  In 2010, the department instituted two pilot projects, one biometric and one biographic, to improve informational access for tribes.  The biographic pilot continues to serve more than 20 tribal law enforcement agencies.

For more information on TAP, visit: www.justice.gov/tribal/tribal-access-program-tap.

For more information about the Justice Department’s work on tribal justice and public safety issues, visit: www.justice.gov/tribal.

Defendants Failed to Report More Than $1 Million Earned from Sales Through eBay and Amazon

A Greensboro, North Carolina, couple, who operated an online sales business, pleaded guilty today to bank fraud and tax fraud charges announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and U.S. Attorney Ripley Rand of the Middle District of North Carolina.

Daniel Balson, 51, pleaded guilty to one count of filing a false tax return for 2010 and one count of making a false statement on a loan application.  Renee Balson, 53, pleaded guilty to one count of making a false statement on a loan application. 

According to court documents, Daniel Balson owned and operated Southern Sales Online (SSO), an online retail business that sold a variety of merchandise through eBay and Amazon, including scrapbooking and art materials, books, inspirational DVDs, pet supplies and tools.  Daniel Balson admitted selling stolen merchandise through SSO.  Although SSO earned over $1 million in gross receipts during tax years 2005 through 2011, the Balsons failed to report those gross receipts on their tax returns.  The Balsons also failed to report the income from SSO on a bank application for a mortgage loan modification in 2011.

The sentencing hearing has been scheduled for Nov. 3. The Balsons each face a statutory maximum sentence of 30 years in prison for making a false statement on a loan application.  Daniel Balson also faces a statutory maximum sentence of three years for filing a false tax return.  The Balsons also face substantial monetary penalties and restitution.

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Rand commended special agents of the Internal Revenue Service Criminal Investigation, who investigated the case and Assistant Chief Todd A. Ellinwood and Trial Attorney Mara A. Strier of the Tax Division, who are prosecuting the case. Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office of the Middle District of North Carolina for their assistance. 

An Atlanta, Georgia, based tax return preparer pleaded guilty today to one count of wire fraud, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and U.S. Attorney John A. Horn for the Northern District of Georgia.

According to court documents, Cheryl Singleton, 29, owned and operated Advanced Tax Services, a tax preparation business with multiple locations throughout the Atlanta area.  From 2012 through 2015, Singleton and her employees filed false tax returns that fraudulently inflated clients’ refunds.  In addition, Singleton and her employees falsely advised individuals that they could qualify for a $1,000 government stimulus payment.  Singleton and others used these individuals’ personal identification information to electronically file false income tax returns in those individuals’ names, without their knowledge or consent.  Court documents further allege that Singleton used healthcare financing credit cards held in the names of other individuals to fraudulently obtain payment for cosmetic dental care services.

Sentencing is scheduled for Oct. 12.  Singleton faces a statutory maximum sentence of 20 years in prison, a term of supervised release and monetary penalties. 

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Horn commended special agents of the Internal Revenue Service Criminal Investigation, who investigated the case and Trial Attorney Melanie Smith of the Tax Division and Assistant U.S. Attorney Samir Kaushal of the Northern District of Georgia, who are prosecuting this case.

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the investiture of five new immigration judges. Acting Chief Immigration Judge Michael C. McGoings presided over the investiture during a ceremony held July 29, 2016, in the ceremonial courtroom of the E. Barrett Prettyman U.S. Courthouse in Washington, D.C.

After a thorough application process, Attorney General Loretta E. Lynch appointed Elisa Castrolugo, Samuel B. Cole, Kathryn L. DeAngelis, Lisa Ann J. de Cardona and Eva S. Saltzman to their new positions.

“We are pleased to welcome these five appointees to the immigration judge corps,” said McGoings. “Their arrival brings our immigration judge corps to an all-time high of 277 immigration judges and is another step forward in our efforts to begin reducing our pending caseload of more than 500,000.”

Biographical information follows.

Elisa Castrolugo, Immigration Judge, Houston Immigration Court

Attorney General Loretta E. Lynch appointed Elisa Castrolugo to begin hearing cases in August 2016. Judge Castrolugo earned a Bachelor of Arts degree in 1999 from the University of Texas at Austin and a Juris Doctor in 2003 from the Columbia University School of Law. From 2010 to July 2016, she served as an assistant U.S. attorney for the Southern District of Florida, U.S. Attorney’s Office, Department of Justice (DOJ). From 2005 through 2010, she served as an assistant U.S. attorney for the Western District of Michigan, U.S. Attorney’s Office, DOJ, entering on duty through the Attorney General’s Honors Program. From 2003 through 2005, she served as a law clerk for the Honorable Andrew W. Austin, U.S. District Court, Western District of Texas. From 1995 through 1999, she served as a staff sergeant for the 147th Medical Squadron, Texas Air National Guard. From 1991 through 1995, she served as a senior airman for the 963rd Airborne Air Control Squadron, U.S. Air Force. Judge Castrolugo is a member of the State Bar of Texas.

Samuel B. Cole, Immigration Judge, Chicago Immigration Court

Attorney General Loretta E. Lynch appointed Samuel B. Cole to begin hearing cases in August 2016. Judge Cole earned a Bachelor of Arts degree in 1995 from Rice University and a Juris Doctor in 1998 from the Harvard Law School. From 2003 to July 2016, he served as an assistant U.S. attorney, U.S. Attorney’s Office, Department of Justice, in Chicago. From 1999 through 2003, he served as an associate attorney for McDermott, Will & Emery, in Chicago. Judge Cole is a member of the Illinois State Bar.

Kathryn L. DeAngelis, Immigration Judge, Chicago Immigration Court

Attorney General Loretta E. Lynch appointed Kathryn L. DeAngelis to begin hearing cases in August 2016. Judge DeAngelis earned a Bachelor of Science degree in 1997 from Southampton College, a Master of Science degree in 2000 from the University of Hawaii, and a Juris Doctor in 2005 from the University of Arizona. From 2006 to July 2016, she served as a trial attorney for the Office of Immigration Litigation, Civil Division, Department of Justice. Judge DeAngelis is a member of the State Bar of California.

Lisa Ann J. de Cardona, Immigration Judge, Philadelphia Immigration Court

Attorney General Loretta E. Lynch appointed Lisa Ann J. de Cardona to begin hearing cases in August 2016. Judge de Cardona earned a Bachelor of Arts degree in 1986 from St. Joseph’s University and a Juris Doctor in 1990 from the Widener University School of Law. From 2013 to May 2016, she served as associate program director for the Office of Legal Access Programs, Executive Office for Immigration Review (EOIR), Department of Justice (DOJ). From 2012 through 2013, and previously from 2002 through 2007 and 1991 through 1998, she served as an attorney advisor for the Board of Immigration Appeals (BIA), EOIR, DOJ. From 2007 through 2011, she served as a supervisory attorney advisor for the BIA. From 1990 through 1991, she served as a law clerk for the Office of the Chief Administrative Hearing Officer, EOIR, DOJ, entering on duty through the Attorney General’s Honors Program. Judge de Cardona is a member of the New Jersey State and Pennsylvania Bars.

Eva S. Saltzman, Immigration Judge, Newark Immigration Court

Attorney General Loretta E. Lynch appointed Eva S. Saltzman to begin hearing cases in August 2016. Judge Saltzman earned a Bachelor of Arts degree in 1999 from the University of Wisconsin and a Juris Doctor in 2002 from the Benjamin N. Cardozo School of Law. From 2006 to July 2016, she served as a supervisory staff attorney for the Staff Attorney’s Office, U.S. Court of Appeals for the Second Circuit, in New York. From 2005 through 2006, she served as an associate attorney for Wildes, Weinberg, Grunblatt & Wildes PC, in New York. From 2002 through 2005, she served as an associate attorney for Avirom & Associates LLP, in New York.  Judge Saltzman is a member of the Connecticut, District of Columbia, and New York State Bars.

Cashed Tax Refund and Social Security Checks at Walmart Stores

A San Pablo, California, resident pleaded guilty to his role in a conspiracy to commit theft of government property, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, U.S. Attorney Brian J. Stretch of the Northern District of California and Special Agent in Charge Michael T. Batdorf for the Internal Revenue Service’s Criminal Investigation (IRS-CI).

According to the plea agreement, from about August 2013 through April 2015, Devonnie Davison, participated in a conspiracy to illegally obtain money from the federal government by negotiating misappropriated U.S. Treasury checks.  He pleaded guilty to one count of conspiracy to commit theft of public money and two counts of theft of public money.  Davison admitted that some of the checks were obtained by filing false tax returns with the IRS while others were stolen U.S. Treasury checks acquired by his coconspirators.  Davison cashed those checks under false pretenses at Walmart stores in the Bay Area.  To carry out the scheme, Walmart cashiers were paid by members of the conspiracy to cash the fraudulent and stolen U.S. Treasury checks.  Davison also conspired with other individuals who prepared and filed false tax returns with the IRS and attempted to cash stolen U.S. Treasury checks during 2013, 2014 and 2015, which totaled $521,318.

Davison, along with 10 codefendants, was charged on Nov. 5, 2015, in a 71-count indictment with conspiracy to commit theft of public money, theft of public money, wire fraud, and aggravated identity theft.

Davison faces a statutory maximum term of five years in prison for the count of conspiracy to commit theft of public money and 10 years in prison for the count of theft of public money.  He also faces a term of supervised release and monetary penalties.

Principal Deputy Assistant Attorney General Ciraolo, U.S. Attorney Stretch and Special Agent in Charge Batdorf commended special agents of IRS-CI, who investigated the case and Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera and Trial Attorney Gregory Bernstein of the Justice Department’s Tax Division, who are prosecuting the case. 

Attorney General Loretta E. Lynch and Department of Justice officials will travel to Detroit on TUESDAY, AUGUST 2, 2016 as part of the 33rd Annual National Night Out.  The Attorney General will deliver remarks at the Detroit Police Department’s 6th and 8th Precincts along with U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan, Mayor Mike Duggan of Detroit, Police Chief James Craig, and National Association of Town Watch Executive Director Matt Peskin.  Senior Department of Justice Officials and U.S. Attorneys in districts around the country are expected to also participate in National Night Out events as part of a department wide effort to bring attention to events that build stronger community-police relations.

“For more than 30 years, National Night Out has helped to prevent crime, strengthen community-police relationships, and empower neighborhoods across the United States,” said Attorney General Lynch.  “By giving law enforcement and local residents a chance to gather in a positive and supportive environment, National Night Out forges the bonds of trust that are so essential to the creation of stronger, safer, and more united communities where every American can flourish.  The Department of Justice is working tirelessly to help build those vibrant communities throughout our nation, and we are proud to stand alongside National Night Out in that vital effort.”

National Night Out is an annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, better places to live.  In most areas of the country, the program culminates annually on the first Tuesday of August.  National Night Out organizers expect to hold more than 16,000 community events around the country this year.

Established in 1984 from a Department of Justice Bureau of Justice Assistance (BJA) grant, the goal of National Night Out is to build relationships with and between communities and law enforcement, to promote crime prevention efforts, and to send a message to criminals that neighbors are paying attention and are prepared to work together to keep each other safe.  

National Night Out Event with the Detroit Police Department’s 6th and 8th Precincts:

WHO:           Attorney General Loretta E. Lynch

WHEN:         TUESDAY, AUGUST 2, 2016

6:00 p.m. EDT

WHERE:       Detroit Police Department, 6th & 8th Precincts

Fitzpatrick Play Field

11450 Warwick Street

Detroit, MI 48228

OPEN PRESS

National Night Out Event with the Detroit Police Department’s 2nd Precinct:

WHO:           Head of the of the Civil Rights Division Vanita Gupta

Director Ron Davis of the Office of Community Oriented Policing Services

WHEN:        TUESDAY, AUGUST 2, 2016

6:00 p.m. EDT

WHERE:      13530 Lesure St.

Detroit, MI 48227

OPEN PRESS

National Night Out Event with the Detroit Police Department’s 11th Precinct:

WHO:           Assistant Attorney General Karol Mason of the Office of Justice Programs

Director Paul Monteiro of the Community Relations Service

WHEN:         TUESDAY, AUGUST 2, 2016

6:00 p.m. EDT

WHERE:       5100 Nevada St

Detroit, MI 48234

OPEN PRESS

For information on National Night Out events in your community, visit https://natw.org/.  Click here for a list of U.S. Attorneys’ offices that are participating in community events across the country.

Payment on All Group A Claims Has Been Authorized

September 11th Victim Compensation Fund (VCF) Special Master Rupa Bhattacharyya announced today that the VCF is once again accepting new claims using a new claim form that was redesigned following the Dec. 18, 2015, reauthorization of the VCF.  The new claim form was made available earlier today along with a significantly revamped and improved online claims system.  Claimants who do not have consistent access to the Internet will still be able to file a hard copy claim using the new form.

The 9/11 VCF staff  learned a great deal over the past five years about which claim form questions were truly necessary and as a result, the Fund was able to reduce the number of overall questions and combine the four versions of the old claim form into one, simplified form.  Additionally, VCF staff solicited input from many law firms that represent VCF claimants and incorporated their feedback into the new form and the redesigned online claims system. 

“We appreciate the 9/11 community’s support as the Fund’s staff worked over the past six months to finalize the new claim form and believe claimants will agree it was worth the wait,” said Special Master Bhattacharyya.  “There is much work yet to be done and I stand ready to help the VCF build upon its successes and move into the next phase of the program with a renewed sense of purpose and commitment to the 9/11 community to provide the deserved compensation to those who have suffered as a result of the terrorist attacks of Sept. 11, 2001.”

The new form results in the need for fewer documents to be submitted in support of a claim and the multiple attestations, certifications and exhibits used with the old claim forms have been replaced with a single signature page.  The online system guides claimants to answer only those questions that are applicable to their individual circumstances and also includes a new “smart” document checklist that identifies the documents the claimant will need to submit based on answers to specific claim form questions.  Overall, the new online system and claim form are much easier to navigate and more user-friendly – two key goals the VCF set at the start of this effort. 

With the launch of the new claim form, the online claims system has returned to full functionality, including the ability to file online amendments to previously submitted claims.

For additional information about the new claim form, the online system and how to file a claim, please visit the “How to File a Claim” page on the VCF’s website at www.vcf.gov.  If you have any questions about the claim form, the website, or the VCF process, please contact the VCF’s toll-free Helpline at 1-855-885-1555.

The Justice Department announced today that Jacintoport International LLC (Jacintoport) and Seaboard Marine Ltd. (Seaboard Marine) have agreed to pay $1.075 million to settle a lawsuit alleging that the companies violated the False Claims Act in connection with a warehousing and logistics contract for the storage and redelivery of humanitarian food aid.  Jacintoport is a cargo handling and stevedoring firm headquartered in Houston, Texas, and Seaboard Marine, an affiliate of Jacintoport, is an ocean transportation company headquartered in Miami, Florida.

In its lawsuit, the United States alleged that Jacintoport executed in 2007 a warehousing and logistics contract with the United States Agency for International Development (USAID) for the storage and redelivery of emergency humanitarian food aid.  This contract contained explicit caps on the rates Jacintoport could charge ocean carriers to load humanitarian food aid onto ships (referred to as “stevedoring” charges) bound for crisis areas around the world.  The complaint alleges that beginning around January 2008 and continuing through at least October 2009, Jacintoport, under the supervision and control of Seaboard, charged ocean carriers more for stevedoring than permitted to load over 50,000 tons of humanitarian food aid.  These inflated stevedoring charges were subsequently lumped into other costs for delivering humanitarian food aid and passed on to the United States.

“USAID’s humanitarian food aid program provides critical assistance to starving people all over the world,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “The Justice Department will hold accountable those who seek to abuse this important program.”  ‪

“It is unacceptable for companies that do business with the federal government to inflate their costs,” said U.S. Attorney Channing D. Phillips for the District of Columbia.  “This settlement demonstrates our determination to protect the taxpayers’ dollars – and humanitarian programs – from abuse.”

The allegations resolved by this settlement were initially brought in a lawsuit filed under the qui tam or whistleblower provisions of the False Claims Act by John Raggio, a shipping contractor who allegedly received an invoice from Jacintoport that contained the excessive stevedoring charge.  Under the Act’s qui tam provisions, a private citizen, known as a “relator,” can sue on behalf of the United States and share in any recovery.  The United States is permitted to intervene in the lawsuit, as it did here.  Raggio will receive $215,000.  Earlier today, the government requested that the case be dismissed.

This matter was handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the District of Columbia, with assistance from the USAID Office of the Inspector General.  The claims resolved by this settlement are allegations only and there has been no determination of liability.  The case is United States ex. rel. Raggio v. Jacintoport International, LLC, et al. Case No. 1:10-cv-01908 (D.D.C.).  

A Springfield, Illinois, man was sentenced today to serve 132 months in prison for attempted enticement of a minor, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Jim Lewis of the Central District of Illinois.

Jeffrey Parkhurst, 59, was sentenced by U.S. District Judge Colin S. Bruce of the Central District of Illinois, who also ordered him to serve a 15 year term of supervised release.  Parkhurst was convicted by a federal jury on March 31, 2016.

During the trial, the government presented evidence to establish that Parkhurst knowingly attempted to persuade, induce and entice an individual who he believed to be a minor to engage in illegal sexual activity using the internet and a cell phone.  In addition, the government also presented evidence to establish that between January and July of 2015, Parkhurst posted over 60 online advertisements in an effort to  persuade, induce and entice an individual who he believed to be a minor to engage in illegal sexual activity.

Parkhurst was arrested on July 27, 2015, in Decatur, Illinois, and initially charged by state authorities.  He has remained in custody since his arrest.  The defendant was remanded to the custody of the U.S. Marshals Service on Sept. 18, 2015.

The Decatur Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations investigated the case in cooperation with the Macon County, Illinois, State’s Attorney.  Trial Attorney Elly Peirson of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Defendant Collected and Caused Sensitive FBI Information to be Provided to the Chinese Government

Kun Shan Chun, a native of the People’s Republic of China and a naturalized U.S. citizen, pleaded guilty today to a criminal information charging him with acting in the United States as an agent of China without providing prior notice to the Attorney General. 

Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Preet Bharara of the Southern District of New York and Assistant Director in Charge Diego P. Rodriguez of the FBI’s New York Field Office made the announcement.

Chun, aka Joey Chun, 46, pleaded guilty before U.S. Magistrate Judge James C. Francis IV of the Southern District of New York.  He was an employee of the FBI until his arrest on March 16, 2016.

“Kun Shan Chun violated our nation’s trust by exploiting his official U.S. Government position to provide restricted and sensitive FBI information to the Chinese Government,” said Assistant Attorney General Carlin.  “Holding accountable those who work as illegal foreign agents to the detriment of the United States is among the highest priorities of the National Security Division.”

“Americans who act as unauthorized foreign agents commit a federal offense that betrays our nation and threatens our security,” said U.S. Attorney Bharara.  “And when the perpetrator is an FBI employee, like Kun Shan Chun, the threat is all the more serious and the betrayal all the more duplicitous.  Thanks to the excellent investigative work of the FBI’s Counterintelligence Division, the FBI succeeded in identifying and rooting out this criminal misconduct from within its own ranks.”

“No one is above the law, to include employees of the FBI,” said Assistant Director in Charge Rodriguez.  “We understand as an agency we are trusted by the public to protect our nation’s most sensitive information, and we have to do everything in our power to uphold that trust.”  

According to the complaint, the information and statements made during today’s court proceeding:

In approximately 1997, Chun began working at the FBI’s New York Field Office as an electronics technician assigned to the Computerized Central Monitoring Facility of the FBI’s Technical Branch.  In approximately 1998, and in connection with his employment, the FBI granted Chun a Top Secret security clearance and his duties included accessing sensitive, and in some instances classified, information.  In connection with a progressive recruitment process, Chun received and responded to taskings from Chinese nationals and at least one Chinese government official (Chinese Official-1), some, if not all, of whom were aware that Chun worked at the FBI.  On multiple occasions prior to his arrest in March 2016, at the direction of Chinese government officials, Chun collected sensitive FBI information and caused it to be transmitted to Chinese Official-1 and others, while at the same time engaging in a prolonged and concerted effort to conceal from the FBI his illicit relationships with these individuals.

Beginning in 2006, Chun and some of his relatives maintained relationships with Chinese nationals purporting to be affiliated with a company in China named Zhuhai Kolion Technology Company Ltd. (Kolion).  Chun maintained an indirect financial interest in Kolion, including through a previous investment by one of his parents.  In connection with these relationships, Chinese nationals asked Chun to perform research and consulting tasks in the United States, purportedly for the benefit of Kolion, in exchange for financial benefits, including partial compensation for international trips.     

Between 2006 and 2010, Chun’s communications and other evidence reflect inquiries from purported employees of Kolion to Chun while he was in the United States, as well as efforts by the defendant to collect, among other things, information regarding solid-state hard drives.

In approximately 2011, during a trip to Italy and France partially paid for by the Chinese nationals, Chun was introduced to Chinese Official-1, who indicated that he worked for the Chinese government and that he knew Chun worked for the FBI.  During subsequent private meetings conducted abroad between the two, Chinese Official-1 asked questions regarding sensitive, non-public FBI information.  During those meetings, Chun disclosed, among other things, the identity and potential travel patterns of an FBI Special Agent.

In approximately 2012, the FBI conducted a routine investigation relating to Chun’s Top Secret security clearance.  In an effort to conceal his relationships with Chinese Official-1 and the other Chinese nationals purporting to be affiliated with Kolion, Chun made a series of false statements on a standardized FBI form related to the investigation.  Between 2000 and March 16, 2016, Chun was required by FBI policy to disclose anticipated and actual contact with foreign nationals during his international travel, but he lied on numerous pre- and post-trip FBI debriefing forms by omitting his contacts with Chinese Official-1, other Chinese nationals and Kolion.

On multiple occasions, Chinese Official-1 asked Chun for information regarding the FBI’s internal structure.  In approximately March 2013, Chun downloaded an FBI organizational chart from his FBI computer in Manhattan.  Chun later admitted to the FBI that, after editing the chart to remove the names of FBI personnel, he saved the document on a piece of digital media and caused it to be transported to Chinese Official-1 in China. 

Chinese Official-1 also asked Chun for information regarding technology used by the FBI.  In approximately January 2015, Chun took photos of documents displayed in a restricted area of the FBI’s New York Field Office, which summarized sensitive details regarding multiple surveillance technologies used by the FBI.  Chun sent the photographs to his personal cell phone and later admitted to the FBI that he caused the photographs to be transported to Chinese Official-1 in China.

In approximately February 2015, the FBI caused an undercover employee (UCE) to be introduced to Chun.  The UCE purported to be a U.S. citizen who was born in China and working as a consultant to several firms, including an independent contractor for the Department of Defense, among other entities.

During a recorded meeting in March 2015, Chun told the UCE about his relationship with Kolion and Chinese nationals and later explained to the UCE that Kolion had “government backing,” and that approximately five years prior a relative met a “section chief” whom Chun believed was associated with the Chinese government. 

In another recorded meeting in June 2015, Chun told the UCE that he had informed his Chinese associates that the UCE was a consultant who might be in a position to assist them.  Chun said that he wished to act as a “sub-consultant” to the UCE and wanted the UCE to “pay” him “a little bit.”   In July 2015, after coordinating travel to meet Chun’s Chinese associates, Chun met with the UCE in Hungary twice.  During one of the meetings, Chun stated that he knew “firsthand” that the Chinese government was actively recruiting individuals who could provide assistance and that the Chinese government was willing to provide immigration benefits and other compensation in exchange for such assistance.  The UCE told Chun that he had access to sensitive information from the U.S. government.  Chun responded that his Chinese associates would be interested in that type of information and that Chun expected a “cut” of any payment that the UCE received for providing information to the Chinese government.

The count of acting in the United States as an agent of China without providing notice to the Attorney General carries a maximum sentence of 10 years in prison.  The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.

The FBI’s Counterintelligence Division investigated the case.  The prosecution is being handled by Assistant U.S. Attorneys Emil J. Bove III and Andrea L. Surratt of the Southern District of New York’s Terrorism and International Narcotics Unit, with assistance provided by Trial Attorneys Thea D. R. Kendler and David C. Recker of the National Security Division’s Counterintelligence and Export Control Section.  

          ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that on August 1, 2016, Defendant FREDERICK A. OBAK (“OBAK”)was sentenced by the Honorable Frances Tydingco-Gatewood, Chief Judge, District Court of Guam.   Defendant was sentenced to serve sixteen (16) years incarceration followed by three years of supervised release, with credit for time served.

          Defendant OBAK pled guilty on May 5, 2014, to two counts of Attempted Possession of Methamphetamine with Intent to Distribute, in violation of Title 21, United States Code, Section 846(a)(1) and (b)(1)(C).   Defendant OBAK attempted to receive two packages containing 2,171.3 grams of methamphetamine hydrochloride at Kautz and Sons Glass Company and StayWell Insurance in Hagatna, Guam.  OBAK conspired with co-defendants Thomas Kautz and Amos Shioichi Ueda to receive the packages at their places of employment.  The contents of the packages were to be broken down for later distribution on Guam.  The methamphetamine hydrochloride was concealed within U.S. Priority Mail packages and sent from Washington State to Guam where they were intercepted by the U.S. Postal Inspector.   The Drug Enforcement Administration Forensic Laboratory determined that the methamphetamine had a high purity level of 82%.   The street value of 2,171.3 grams of methamphetamine hydrochloride exceeds $1,000,000.

          According to U.S. Attorney Limtiaco, “Methamphetamine hydrochloride is often associated with crimes against people and property.  We cannot and will not tolerate the devastating and destructive effects this drug has on the lives of our families, children and community.  The U.S. Attorney’s Office remains committed to the aggressive prosecution of cases involving drug trafficking and distribution.”

          The investigation was conducted by the Guam U.S. Postal Inspector and Drug Enforcement Administration, including its Special Agents and Task Force Officers.  The case was handled by Assistant U.S. Attorney Rosetta San Nicolas.

Christopher Lee Cornell, 22, of Green Township, Ohio, pleaded guilty today to one count of attempting to kill government employees, one count of possession of a firearm in furtherance of a crime of violence and one count of attempting to provide material support to a designated foreign terrorist organization.

The plea was announced by Assistant Attorney General for National Security John P. Carlin, Acting U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio and Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division.  Cornell pleaded guilty before Senior U.S. District Judge Sandra Beckwith of the Southern District of Ohio.

Cornell was originally charged by an indictment returned by a federal grand jury on Jan. 21, 2015.  On May 7, 2015, Cornell was additionally charged by superseding indictment with attempting to provide material support to a designated foreign terrorist organization.  

According to the plea agreement, from on or about August 2014 through January 2015, Cornell plotted, planned and attempted to travel to Washington, D.C., in order to attack the U.S. Capitol during the State of the Union Address on January 20, 2015.

Cornell admitted that he conducted online research of weapons, the construction of bombs, the U.S. Capitol and other potential targets in the Washington, D.C., area.  Cornell intended to kill officers and employees of the United States, and possessed two semi-automatic rifles and approximately 600 rounds of ammunition, according to the plea agreement.

The defendant admitted that his planned attack on the U.S. Capitol was an attempt to provide material support and resources – both personnel and services – to the Islamic State of Iraq and the Levant (ISIL).

The material support count carries a potential maximum sentence of 15 years in prison.  Attempted murder of government employees and officials is a crime punishable by up to 20 years in prison.  Possession of a firearm in furtherance of an attempted crime of violence is a crime punishable by a mandatory sentence of five years in prison.

Cornell was arrested on Jan. 14, 2015, by the FBI’s Joint Terrorism Task Force (JTTF).  After his arrest, he posted statements online that included a call for others to join him in violent jihad against the United States and its citizens on behalf of ISIL, according to his admissions in the plea agreement.

The JTTF is made up of officers and agents from the Cincinnati Police Department; Colerain, Ohio, Police Department; Dayton, Ohio, Police Department; Ohio State Highway Patrol; University of Cincinnati Police Department; U.S. Air Force Office of Special Investigations; FBI; U.S. Immigrations and Customs Enforcement; U.S. Internal Revenue Service; U.S. Secret Service; U.S. Postal Inspection Service; West Chester, Ohio, Police Department; and Xenia, Ohio, Police Department.

Assistant Attorney General Carlin and Acting U.S. Attorney Glassman commended the JTTF for its investigation of this case.  The case is being prosecuted by Trial Attorney Michael Dittoe of the National Security Division’s Counterterrorism Section and Assistant U.S. Attorney Tim Mangan of the Southern District of Ohio.

Concealed Foreign Accounts and Failed to Report More Than $20 Million

A Los Angeles, California, businessman was charged today in an information, which charges one count of conspiracy to defraud the United States and one count of corruptly endeavoring to impair and impede the due administration of the internal revenue laws, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division. 

Masud Sarshar, who owned and operated Apparel Limited Inc., a business that designed, manufactured and sold clothing and other apparel, signed a plea agreement admitting that he maintained several undeclared bank accounts at Bank Leumi and two other Israeli banks, both in his name and in the names of entities that he created.  For decades, with the assistance of at least two relationship managers from Bank Leumi and a second Israeli bank (Israeli Bank A), Sarshar hid tens of millions of dollars in assets in these accounts in an effort to conceal income and obstruct the Internal Revenue Service (IRS).  As alleged in the information, between 2006 and 2009, Sarshar diverted more than $21 million in untaxed gross business income to these undeclared bank accounts.  Between 2007 and 2012, Sarshar also earned more than $2.5 million in interest income from these accounts.  Sarshar omitted all of this income from his 2006 through 2011 individual and corporate tax returns and he failed to report his authority over and ownership of these bank accounts in false Reports of Foreign Bank and Financial Accounts (FBARs) that he submitted to the U.S. Department of Treasury.

Sarshar signed a plea agreement to the charges in the information, agreeing to plead guilty and pay more than $8.3 million in restitution to the IRS.  If the court accepts the parties’ agreement, Sarshar will be sentenced to 24 months in prison.  In addition, Sarshar stipulated to a civil penalty in the amount of 50 percent of the high balance of his undeclared accounts to resolve his civil liability for not disclosing the existence of his Israeli bank accounts.

“Mr. Sarshar stashed millions in secret foreign financial accounts in Israel and then sought to use these accounts to evade his U.S. tax obligations, seeking to cover his tracks along the way,” said Principal Deputy Assistant Attorney General Ciraolo.  “The message of this case is clear: There are no safe havens.  If you are concealing assets and income in undeclared offshore accounts – or are a banker, an asset manager or otherwise are assisting accountholders in such criminal conduct, your only viable option is to come forward and accept responsibility for your actions.  Those who continue to violate U.S. tax laws will be held accountable and pay a heavy price.”

According to the information and statement of facts, Sarshar’s relationship managers at Israeli Bank A (RM1) and at Bank Leumi (RM2) visited him frequently in Los Angeles.  At his request, neither bank sent him account statements by mail, but rather, RM1 and RM2 provided Sarshar with his account information in person.  For example, RM2 loaded electronic copies of Sarshar’s Bank Leumi account statements on a USB drive, which she concealed in a necklace worn during her trips to the United States.  To further maintain the secrecy of his accounts, Sarshar’s meetings with RM1 sometimes occurred in Sarshar’s car.  RM1 and RM2 also used these visits to Los Angeles to offer Sarshar other bank products, including “back-to-back” loans.  Through back-to-back loans, which Bank Leumi made to Sarshar through its branch in the United States and which Sarshar collateralized with funds from his account at Israeli Bank A, Sarshar was able to bring back to the United States approximately $19 million of his offshore assets without creating a paper trail or otherwise disclosing the existence of the offshore accounts to U.S. authorities.  At the direction of RM1 and RM2, Sarshar also obtained Israeli and Iranian passports in an effort to avoid being flagged as a U.S. citizen by the compliance departments at both banks.  After receiving both new passports and still being flagged as a U.S. citizen by their compliance departments, RM1 and RM2 advised Sarshar to transfer his remaining funds to yet another Israeli bank, which he did in late 2011.

“As the filing of today’s criminal charges demonstrate, the days of bank secrecy is rapidly changing,” said Chief Richard Weber for IRS-Criminal Investigation.  “There's no safe place for taxpayers to divert and hide income anywhere in the world.  IRS-CI works vigorously to stop offshore tax schemes such as this one and is proud that our forensic accounting skills helped uncover over $21 million in untaxed gross business income in this investigation.”

Principal Deputy Assistant Attorney General Ciraolo commended special agents from IRS-Criminal Investigation, who are investigating the case and Assistant Chief Tino M. Lisella and Trial Attorney Timothy M. Russo, of the Tax Division, who are prosecuting this case. The Tax Division thanks the U.S. Attorney’s Office of the Central District of California for its assistance.

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

          In response to the “Smart on Crime” Initiative announced in 2013 by then-Attorney General Eric Holder, Alicia A.G. Limtiaco, U.S. Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), spearheaded a joint effort with the U.S. Attorney’s Office Diverse Community Outreach Coalition (“Coalition”) to put a spotlight on the need for support and services for vulnerable populations and those reentering from incarceration.

         U.S. Attorney Limtiaco and the Coalition, comprised of the faith-based community, Consular Corps, private sector, government agencies, non-governmental/nonprofit/civic organizations, medical/mental/public health professionals, and educational institutions, recognized that crime prevention, strengthening protections for vulnerable populations, and reentry efforts require community ownership and a true community response for there to be an effective positive impact in the districts.  In response to this need, U.S. Attorney Limtiaco and the Coalition identified and implemented key strategies calling for stakeholders in each of the districts to cooperate and collaborate as “One Community Guam” and “One Community CNMI.”

         In June 2015, U.S. Attorney Limtiaco, with support of the Coalition, organized unprecedented multi-day training conferences in Guam and Saipan, NMI entitled, “Engaging Our Community in Crime Prevention, Strengthening Protections for Vulnerable Populations, and Reentry Efforts through Workforce Development Strategies.” This year, consistent with recommendations discussed at the 2015 conferences regarding the need for increased public awareness about and the implementation of reentry programs, the U.S. Attorney launched the 2nd Annual “One Community Guam” and “One Community CNMI” conferences, an ambitious schedule of three days of trainings developed to target key stakeholders and critical to the success of vulnerable populations and reentering offenders.

         An initial outreach effort by the U.S. Attorney’s Office entitled, “Improving Criminal Justice Outcomes,” was held on March 1, 2016, and focused on community stakeholders. The keynote speaker was Michael G. Santos - author, motivational speaker, life coach, trainer and prison consultant. Mr. Santos served 26 years of a 45-year federal prison term for drug offenses. Mr. Santos developed the “Straight A Guide Reentry Course” and the “Earning Freedom Mastermind Reentry Course.” These programs have been adopted at several penitentiaries and have been lauded as exceptional in preparing inmates for becoming law-abiding, contributing citizens. Mr. Santos spoke to the group via videoconference about his own personal journey through 26 years in federal prison, the challenges faced by those in prison and the opportunities for reentry into the community.

         In June 2016, the U.S. Attorney’s Office hosted its second conferences, “One Community Guam” and “One Community CNMI”, this time sponsoring Mr. Santos to provide in-person training to both districts. Upon his arrival in Guam, Mr. Santos hit the ground running by meeting with three groups of inmates at the Department of Corrections and, later, parolees and their families, to discuss the importance of cognitive and life skills development.  On June 27 and 28, 2016, Mr. Santos trained at six venues on Guam, and on June 29 and 30, 2016, he travelled to and trained at two venues in Saipan, NMI, to meet with key stakeholders. Training was conducted for adult and youth corrections staff including corrections officers and caseworkers, social workers, and medical, mental and public health professionals, working within or associated with the correctional institutions; law enforcement/prosecutors; public defenders/defense counsel; pretrial officers; probation officers; parole officers; and other related professionals working with our criminal and juvenile justice systems. Mr. Santos also conducted training for selected offenders – adult and justice-involved youth, appropriate to act as peer facilitators for other adult offenders and justice-involved youth. Training for community stakeholders including our nonprofits, faith based community, government agencies, private sector and military counterparts was also held.  Mr. Santos’ reentry course included lessons on:  (1) how to develop communication skills and why those skills relate to success; (2) how to develop self-directed learning techniques; (3) how to develop critical thinking skills; and (4) how to reject criminal lifestyles and criminal associations. Mr. Santos also explained the “Seven A’s” critical to successful reentry: attitude, aspirations, actions, accountability, awareness, achievement and appreciation.

         In total, Mr. Santos worked with leadership from the U.S. Attorney’s Office to conduct 25 training sessions on “Earning Freedom and Reentry” in both Guam and the NMI. The training sessions were widely attended, with over 300 attendees in Guam, and over 80 attendees in Saipan.

         On June 30 and July 1, 2016, the U.S. Attorney’s Office hosted its third “One Community” conference in Guam and Saipan entitled, “Employment and Reentry – Connecting Employers and Their Employees with Government Opportunities.”

         In Guam, the training focused on “Doing Business with DoD” and provided information on contractual, legal and policy requirements regarding base access in Guam and local procedures used to implement these requirements, including: what DoD contracts say about access; DoD / U.S. Department of the Navy (DoN) / Joint Region Marianas (JRM) policies covering base access, including information on the eligibility of individuals with prior convictions; installation specific application access policies; and appeal of the denial process and related information. Panel members included Small Business Advisors, Naval Facilities Engineering Command Marianas; Regional Program Director for Force Protection, Joint Region Marianas; USAF, 36th Security Force Squadron; and USAF, 36th Wing Staff Judge Advocate and Assistant Staff Judge Advocate. Another panel entitled, “What Employers Need to Know” provided information on Equal Employment Opportunity laws and guidance, including the use of criminal background checks and consideration of arrest and conviction records in employment decisions, and the disparate impact on vulnerable populations and their reentry to the workforce; “Ban the Box” legislation; Work Opportunity Tax Credit (WOTC); affirmative action; social security programs; and related issues. Additional topics included an overview of the immigration process and compliance by employers with federal immigration laws, including the Immigration Reform and Control Act requiring employers to verify the identity and employment eligibility of their employees and criminal and civil sanctions for employment related violations. Speakers on this panel included the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Department of Homeland Security/Immigration and Customs Enforcement/Homeland Security Investigations, U.S. Department of Homeland Security/U.S. Citizenship and Immigration Services, and Social Security Administration. The last panel entitled, “A Local Perspective: Employment Challenges, Best Practices and Resources,” discussed challenges and barriers to employment, and strategies and approaches, such as the Workforce Innovation and Opportunity Act (WIOA) and Guam’s Combined State Plan for Program Year 2016-2019 addressing workforce needs of businesses and those seeking jobs including individuals who have consistently faced significant barriers to employment such as ex-offenders, Veterans, low- income individuals, individuals with disabilities, homeless individuals, individuals facing substantial cultural barriers, and other vulnerable populations. Additional topics included the Guam Registered Apprenticeship Program (GRAP) which provides incentives for employers who are sponsors of apprenticeships; and relevant local labor and employment regulations, best practices and resources. Testimonials of employers who have successfully employed offenders who have reentered the community were also shared. Speakers on this panel included Guam Department of Labor, Guam Chamber of Commerce, Guam Contractors Association (GCA), GCA Trades Academy, and Guam Community College. In addition, Mr. Santos spoke about his own personal journey, the importance of and critical need for preparing offenders for reentry into the community, and the important role of employers in the reentry process.

         In Saipan, the training included a session on “What Employers Need to Know.” The speakers discussed information on Equal Employment Opportunity laws and guidance, including the use of criminal background checks and consideration of arrest and conviction records in employment decisions, and the disparate impact on vulnerable populations and their reentry to the workforce; “Ban the Box” legislation; Work Opportunity Tax Credit (WOTC); affirmative action; social security programs; and an overview of the immigration process and compliance by employers with federal immigration laws, including the Immigration Reform and Control Act requiring employers to verify the identity and employment eligibility of their employees and criminal and civil sanctions for employment related violations. The second session was on “Earning Freedom and Reentry,” a presentation by Mr. Santos on his journey through federal prison, the challenges faced by those incarcerated, the importance of reentry programs, and the opportunities for reentry into the community. The third session shared “A Local Perspective: Employment Challenges, Best Practices and Resources.” The panel members discussed challenges and barriers to employment, and strategies and approaches to assist the workforce and businesses in hiring individuals who have consistently faced significant barriers, such as ex- offenders, Veterans, low-income individuals, individuals with disabilities, homeless individuals, individuals facing substantial cultural barriers, and other vulnerable populations; WOTC; and relevant local labor and employment regulations, best practices and resources. The speakers included representatives from the Equal Employment Opportunity Commission; Social Security Administration; Homeland Security Investigations, U.S. Department of Homeland Security; U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security; CNMI Department of Labor; Office of Personnel Management; Northern Marianas College; Nutrition Assistance Program and Division of Youth Services, CNMI Department of Community & Cultural Affairs; Northern Marianas Trades Institute; and Island Training Solutions.

         In furtherance of the “Smart on Crime” Initiative, the U.S. Attorney worked with the Governor of Guam and the Governor of the Northern Mariana Islands to coordinate the proclamation of April 24-30, 2016, as National Reentry Week. The proclamations were held on May 3, 2016 at the Governor’s Conference Room at Adelup, Guam, and on May 9, 2016, at the Governor’s Conference Room at Capitol Hill, Saipan.

 

Guam Chamber of Commerce (Chamber) Member Jeff Jones, Chamber President Catherine Castro, Trainer Michael G. Santos, Lt. Gov. of Guam Raymond Tenorio, U.S. Attorney Alicia Limtiaco, Chamber Member Monty McDowell, at the Chamber Luncheon Meeting

 

Trainer Michael G. Santos with Professional Staff at training held at the U.S. Attorney’s Office in Guam

 

Community stakeholders with Trainer Michael G. Santos and U.S. Attorney Alicia Limtiaco held at the U.S. Attorney’s Office in Guam

 

Participants at the “Employment and Reentry – Connecting Employers and Their Employees with Government Opportunities” Conference in Guam

 

Trainer Michael G. Santos, U.S. Attorney Alicia Limtiaco, AUSA/Prevention and Reentry Coordinator Stephen Leon Guerrero, National Security Specialist/DOSM Joe Quitano, and NMI DOC Commissioner Georgia Cabrera, at training held at the NMI Department of Corrections for DOC officers in Saipan Trainer Michael G. Santos and U.S. Attorney Alicia Limtiaco at Professional Staff training held at the Multi-Purpose Center in Saipan, NMI Trainer Michael G. Santos at the “Earning Freedom and Reentry” session at the “Employment and Reentry – Connecting Employers and Their Employees with Government Opportunities” Conference in Saipan, NMI U.S. Attorney Alicia Limtiaco and Lt. Governor Raymond Tenorio with community stakeholders at the Proclamation Signing at the Governor’s Office in Guam

 

U.S. Attorney Alicia Limtiaco and Governor of the CNMI Ralph Torres with community stakeholders at the Proclamation Signing at the Governor’s Office in Saipan, NMI

 

Guam Department of Labor Robert Dames, AUSA/Prevention and Reentry Coordinator Stephen Leon Guerrero, Guam Department of Corrections (DOC) Director Alberto Lamorena, Trainer Michael G. Santos, U.S. Attorney Alicia Limtiaco, DOC Corrections Social Work Administrator Therese Tayama, and DOC Clinical Psychologist Dr. Patricia Taimanglo at presentations conducted by Michael G. Santos with inmates at the DOC

 

Attorney General Loretta E. Lynch released the following statement on the planned departure of U.S. Attorney John Walsh of the District of Colorado, effective Aug. 10, 2016:

“U.S. Attorney John Walsh has served the people of the District of Colorado and the entire nation with extraordinary distinction,” said Attorney General Lynch.  “For the past six years, John has protected our civil liberties, defended our national security and aggressively and successfully prosecuted organized crime, drug cartels and gang violence.  He played a key leadership role on the team that won a landmark $7 billion settlement against Citibank, securing millions for defrauded consumers in the largest settlement in the history of the Colorado U.S. Attorney’s office and one of the largest settlements in the Justice Department’s history.  He served as a co-chair of the department’s Residential Mortgage-Backed Securities Working Group, where he led efforts to root out fraud and abuse and hold institutions accountable for the kinds of misleading lending practices that helped cause the 2008 financial crisis.  And he has been an outstanding leader of the Attorney General’s Advisory Committee – lending valuable insight and advice to the Justice Department as a whole.  The people of Colorado, and the country, are safer thanks to John’s keen judgment, deep empathy and unwavering fidelity to justice.  I want to thank John for his exemplary service and I look forward to all that he will accomplish in the years to come.”

The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced that Honeywell International Inc. and Georgia Power Company have agreed to clean up the 760-acre saltwater marsh at the LCP Chemicals Superfund Site in Brunswick, Georgia.  The settlement requires the companies to spend an estimated $28.6 million to remove and isolate contaminated sediments in the marsh and to monitor the long-term effectiveness of the work.

“We appreciate that these companies have stepped forward to remedy the contamination to which they and others have contributed,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division.  “This settlement makes critical progress toward the remediation of the LCP Chemicals Superfund Site and will minimize risks to people and the environment posed by contamination in the marsh.”

“Back in the 1990s, this U.S. Attorney’s Office secured criminal convictions against six officers and employees of LCP Chemicals-Georgia Inc. who were responsible for dumping mercury and other hazardous chemicals into the waters of the United States,” said U.S. Attorney Edward J. Tarver for the Southern District of Georgia.  “The combined sentences totaled over 21 years in prison.  The cleanup of this Superfund Site is now in its third decade.  I am pleased that Honeywell and Georgia Power have stepped forward to continue cleanup as we work towards fixing the environmental mess caused by other companies’ greed many years ago.”

“EPA is very pleased to reach a settlement ensuring funding for future cleanup costs to address the contamination of the site’s tidal marsh and creeks,” said Regional Administrator Heather McTeer Toney of EPA’s Southeast Region.  “We are looking forward to ensuring that cleanup work at this site continues.”

Between 1919 and 1994, the LCP Chemicals site hosted a petroleum refinery, an electric power generation facility and various manufacturing operations, including a mercury cell chlor-alkali plant.  These industrial activities led to widespread contamination of the site’s soil, groundwater, surface water and sediment with mercury, polychlorinated biphenyls (PCBs) and other hazardous substances.  The site was placed on the federal Superfund list in 1996.

The cleanup work required by the settlement includes dredging and installing protective caps on portions of four tidal creeks, placing a layer of clean sediment on eleven acres of marsh and restoring areas disturbed by construction.  The work is expected to reduce concentrations of mercury, PCBs, lead and polycyclic aromatic hydrocarbons in the marsh’s sediments.

Additionally, capping the contaminants in place will prevent them from moving throughout the marsh and contaminating its animal life.  The settling parties will also monitor the remedy’s long-term effectiveness at reducing risks to human health and the environment.

EPA and potentially responsible parties, including Honeywell International Inc. and Georgia Power Company, began response work at the site in 1994.  Since then, EPA has overseen the demolition of contaminated buildings, the dredging and excavation of 13 acres of marsh and the removal of contaminated soil and waste from the site’s upland areas.  This settlement marks an important step in the remediation of the site’s tidal marsh and creeks, which comprise one of the three areas into which the site has been divided. EPA will address the site’s groundwater and upland areas in future actions.

The cleanup is being accomplished under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund.  The Superfund law protects human health and the environment while safeguarding taxpayer dollars by holding parties that contributed to contamination responsible for cleaning it up.  Since 1980, EPA’s Superfund program has managed the cleanup of the nation’s most hazardous waste sites and has responded to environmental emergencies, oil spills and natural disasters.

The public has the opportunity to submit written comments on the consent decree, which is subject to the 30-day comment period and final approval by the court.  A copy of the consent decree is available at www.justice.gov/enrd/consent-decrees.  The Justice Department also concurrently filed a complaint initiating the case that the consent decree resolves.

Attorney General Loretta E. Lynch released the following statement today after the ruling by the Fourth Circuit Court of Appeals in the North Carolina voting case: 

“I am pleased that the Court of Appeals for the Fourth Circuit has struck down a law that the court described in its ruling as “one of the largest restrictions of the franchise in modern North Carolina history.”  As the court found, this law was passed with discriminatory intent.  It targeted African-Americans “with almost surgical precision” – imposing stringent ID requirements, reducing same-day registration and constraining out-of-precinct voting to place barriers between citizens and the ballot box.  And it sent a message that contradicted some of the most basic principles of our democracy.  The ability of Americans to have a voice in the direction of their country – to have a fair and free opportunity to help write the story of this nation – is fundamental to who we are and who we aspire to be.  Going forward, the Department of Justice will continue our work to protect that sacred right for all.”

The Justice Department announced today that the government has filed suit under the False Claims Act against Derish M. Wolff and Salvatore J. Pepe, respectively the former CEO and CFO of Louis Berger Group Inc. (LBG), for conspiring to overbill the U.S. Agency for International Development (USAID) and other government agencies for costs incurred performing reconstruction contracts in Afghanistan, Iraq, and other countries, the Justice Department announced today.  LBG is based in East Orange, New Jersey.

“Those who do business with the U.S. government should expect appropriate consequences if they do not deal fairly,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “As this case demonstrates, the government will hold both corporate entities and individuals accountable if they misuse taxpayer funds.”

The government’s complaint alleges that Wolff and Pepe designed and directed various accounting schemes that resulted in LBG billing the government for indirect overhead costs at inflated rates.  According to the complaint, for example, Wolff and Pepe shifted portions of salaries of LBG executives and accounting personnel from contracts paid for by foreign and state governments and private entities to contracts paid for by the United States.  Wolff and Pepe allegedly certified the false rates and submitted them to the government in annual financial reports. 

The United States resolved criminal and civil claims against LBG arising from this conduct on Nov. 5, 2010.  At that time, LBG entered into a Deferred Prosecution Agreement and paid $50.6 million to resolve False Claims Act allegations.  Pepe pleaded guilty on that date to a charge of conspiracy to defraud the government and was later sentenced to one year probation.  Wolff pleaded guilty to the same charge on Dec. 12, 2014, and was later sentenced to 12 months of home confinement and required to pay a $4.5 million fine for his role in the scheme.  The complaint filed today asserts civil claims against Wolff and Pepe.

The United States filed its complaint in a lawsuit originally brought under the qui tam, or whistleblower, provisions of the False Claims Act, by Harold Salomon, an LBG accountant from March 2002 to October 2005.  Under the Act, a private citizen can sue on behalf of the United States and share in any recovery.  The United States is also entitled to intervene in the lawsuit, as it has done in this case.

This matter is being handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the District of Maryland, with investigative support from the FBI, USAID’s Office of Inspector General, the Defense Criminal Investigative Service and the Defense Contract Audit Agency.

“I applaud the dedication of USAID-OIG special agents, along with special agents of the FBI and the Defense Criminal Investigative Service,” said USAID Inspector General Ann Calvaresi Barr.  “Their joint investigative work has helped the Justice Department take action against those responsible and signals our continuing commitment to protecting public funds from fraud, waste, and abuse.”

The case is United States ex rel. Harold Salomon v. Derish M. Wolff & Salvatore J. Pepe, Civ. No. RWT-06-1970 (D. Md.).  The claims asserted against Wolff and Pepe are allegations only to the extent not admitted in their criminal pleas, and there has been no determination of civil liability.

The Lexington County Health Services District Inc. d/b/a Lexington Medical Center located in West Columbia, South Carolina, has agreed to pay $17 million to resolve allegations that it violated the Physician Self-Referral Law (the Stark Law) and the False Claims Act by maintaining improper financial arrangements with 28 physicians, the Department of Justice announced today. 

The Stark Law is intended to ensure that physician referrals are made based on the medical needs of the patients and are not tainted by certain financial arrangements.  Thus, the Stark Law generally forbids a hospital from billing Medicare for certain services referred by physicians who have a financial relationship with the hospital unless that relationship falls within enumerated exceptions.  The exceptions generally require, among other things, that the financial arrangements do not exceed fair market value, do not take into account the volume or value of any referrals and are commercially reasonable.  In addition, arrangements with physicians who are not hospital employees must be set out in writing and satisfy a number of other requirements intended to insulate the referrals from financial considerations.

“This case demonstrates the United States’ commitment to ensuring that doctors who refer Medicare beneficiaries to hospitals for procedures, tests and other health services do so only because they believe the service is in the patient’s best interest, and not because the physician stands to gain financially from the referral,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. 

The United States alleged that Lexington Medical Center entered into asset purchase agreements for the acquisition of physician practices or employment agreements with 28 physicians that violated the Stark Law because they took into account the volume or value of physician referrals, were not commercially reasonable or provided compensation in excess of fair market value. 

Also as part of the settlement, Lexington Medical Center will enter into a Corporate Integrity Agreement (CIA) with the Department of Health and Human Services-Office of the Inspector General (HHS-OIG) that requires Lexington Medical Center to implement measures designed to avoid or promptly detect future conduct similar to that which gave rise to this settlement.

The settlement resolves allegations filed in a lawsuit by Dr. David Hammett, a former physician employed by Lexington Medical Center, in federal court in Columbia, South Carolina.  The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery.  Dr. Hammett will receive approximately $4.5 million of the recovered funds.

This civil settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $30 billion through False Claims Act cases, with more than $18.3 billion of that amount recovered in cases involving fraud against federal health care programs.” 

The case was handled by the U.S. Attorney’s Office for the District of South Carolina, the Civil Division’s Commercial Litigation Branch and HHS-OIG.  

The lawsuit is captioned United States ex rel. Hammett v. Lexington County Health Services District, Case No. 3:14-cv-03653 (D. S.C.). The claims settled by this agreement are allegations only; there has been no determination of liability.

The Justice Department reached a settlement agreement today with YMCA of the Triangle in Raleigh, North Carolina, to resolve allegations that it violated the Americans with Disabilities Act (ADA) by denying a child the opportunity to participate in an after-school program because of his Type 1 diabetes.

Title III of the ADA prohibits discrimination on the basis of disability by public accommodations, including private camps and childcare programs.  Under the ADA, such entities generally must make reasonable modifications to their policies, practices or procedures when necessary to provide equal access to a child with a disability.  When a parent and a child’s physician determine that it is appropriate for a trained layperson to assist a child with diabetes care, a camp or childcare program must provide this as a reasonable modification under the ADA, unless doing so would fundamentally alter the program.

YMCA of the Triangle refused to perform diabetes related tasks, including administering glucagon in the event of a low blood glucose level emergency.  YMCA of the Triangle serves Wake, Durham, Lee, Johnston, Orange, Chatham and Pamlico counties in North Carolina, with 13 branches and three overnight camps.  It administers after-school programs at 53 sites to nearly 5,000 children.

“After-school and camp programs enable children to learn from their peers and socialize with their friends,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “Parents must be able to trust that their kids will receive the care and support they need, and providers who run these programs must fully comply with the ADA.  The Justice Department will continue to aggressively fight all forms of discrimination that deny children with disabilities the protections the law requires and the opportunities they deserve.”

Under the terms of the agreement, the YMCA will:

• adopt a non-discrimination policy;
• train its staff on the ADA and diabetes management;
• provide information for parents on how to request modifications for children with disabilities;
• designate an ADA compliance officer who will monitor compliance with the agreement and review requests for reasonable modifications, among other duties;
• pay $5,000 in compensation to the complainant; and
• report to the United States on its compliance on an annual basis. 

ADA enforcement is a top priority of the department’s Civil Rights Division.  Those interested in finding out more about this settlement or the obligations of camps and child care programs under the ADA may call the department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD) or access its ADA website at www.ada.gov.  ADA complaints may be filed online at http://www.ada.gov/complaint/.

YMCA of the Triangle Settlement Agreement

A Queens, New York, tax return preparer was convicted by a federal jury yesterday in the U.S. District Court for the Eastern District of New York of preparing false income tax returns for clients of her tax return preparation business, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division.

Williesteina Jacobs was convicted of 21 counts of aiding and assisting in the preparation of false income tax returns after a seven day jury trial.  According to court documents and testimony at trial, between 2007 and 2010, Jacobs operated International Professional Business Services, a tax preparation business located in South Richmond Hill, New York, and Jamaica, New York.  During the years at issue, Jacobs prepared false individual income tax returns on behalf of clients for submission to the Internal Revenue Service (IRS).  These tax returns claimed false losses from Schedule C businesses and grossly inflated or wholly fictitious Schedule A deductions.  The false items on these returns resulted in the clients receiving larger tax refunds than they were entitled to receive.  

“With yesterday’s verdict, Williesteina Jacobs is held accountable for her crimes against the United States and the harm she caused to our nation’s tax system,” said Principal Deputy Assistant Attorney General Ciraolo. “Tax return preparers owe a duty to their clients to prepare accurate and honest returns, and when they willfully fail to do so, the Department stands ready with its partners in the IRS to investigate and aggressively prosecute these offenders.”

“Taxpayers rely on tax return preparers to prepare accurate tax returns,” said Chief Richard Weber of IRS-Criminal Investigation.  “Return preparers who willfully falsify tax returns in order to generate more business for themselves violate the trust their clients place in them and violate the law.  The verdict reinforces our commitment to identify and prosecute crooked tax preparers.”

U.S. District Judge William F. Kuntz for the Eastern District of New York did not set a date for the sentencing hearing. The defendant faces a statutory maximum sentence of three years in prison and a maximum fine of $250,000 on each count of conviction.

Principal Deputy Assistant Attorney General Ciraolo commended agents of IRS-Criminal Investigation, who investigated the case and Tax Division Trial Attorneys Yael T. Epstein and Andrew J. Kameros, who prosecuted the case, and Paralegal Carol Saunders of the Tax Division, who assisted the trial team.

An Austell, Georgia, couple was sentenced to prison for their role in a stolen identity tax refund fraud scheme, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney John A. Horn of the Northern District of Georgia.

On July 27, U.S. District Chief Judge Thomas W. Thrash Jr. for the Northern District of Georgia, sentenced Anthony Alika, 42, to serve 80 months in prison, followed by three years of supervised release and Sonia Alika, 27, to serve 21 months in prison, followed by three years of supervised release.  District Chief Judge Thrash ordered Anthony Alika and Sonia Alika to pay $1,963,251.75 and $245,790.08 in restitution to the Internal Revenue Service (IRS), respectively.  In April, Anthony Alika pleaded guilty to one count of conspiracy to commit money laundering and Sonia Alika pleaded guilty to one count of illegal structuring of cash withdrawals to evade bank reporting requirements.

“Anthony and Sonia Alika, driven by greed and a fast buck, lined their pockets by laundering more than $1 million stolen from the U.S. Treasury in the form of fraudulent income tax returns filed using data illegally obtained from the IRS Get Transcript database,” said Principal Deputy Assistant Attorney General Ciraolo.  “The sentences imposed today send a clear message to those pursuing similar criminal schemes.  The department, working with the IRS and its other law enforcement partners, will aggressively prosecute and seek substantial prison terms for individuals who engage in stolen identity refund fraud.”

“This fraud conspiracy featured a literal highlight reel of our current economic crime threats, including cyber intrusions, identity theft, phony tax returns and money laundering, all to the order of millions of dollars,” said U.S. Attorney Horn.  “These schemes create nightmares for citizens who endure the process of repairing their credit and IRS returns, and this case reflects law enforcement’s commitment to punish these criminals and do all we can to prevent further victims.”

“Today’s sentencing of Anthony Alika and Sonia Alika is a victory for the many American taxpayers who have been victims of sophisticated stolen identity refund fraud schemes,” said Chief Richard Weber of IRS Criminal Investigation. “The Alikas demonstrated a blatant disregard for the integrity of the U.S. tax system and caused immeasurable hardship to innocent victims. We continue to work hard to protect the sanctity and integrity of the tax system while working for justice for those individuals whose identities were stolen.”

In January, Anthony Alika and Sonia Alika were charged with laundering the proceeds from their stolen identity refund fraud scheme.  The indictment alleged that Anthony Alika, along with Rapheal Atebefia, 33, of Austell, were members of a conspiracy which obtained means of identification of actual individuals, including their names and social security numbers and used this information to access the IRS’s “Get Transcript” database.  The indictment further alleged that Anthony Alika, Atebefia and others obtained prepaid debit cards from stores located in multiple states, registered the cards in the names of the stolen identities, filed false income tax returns using the stolen identities and information obtained from the Get Transcript database and directed the IRS to deposit the tax refunds onto these cards.  Get Transcript is an online service the IRS offers to allow taxpayers to order copies of their past tax returns. To conceal their fraud, Anthony Alika, Atebefia and others were alleged to have used the prepaid debit cards to purchase money orders which were subsequently deposited into bank accounts.  The Alikas and Atefibia then structured cash withdrawals of the proceeds in order to prevent the bank from filing Currency Transaction Reports (CTRs). 

As part of his guilty plea, Anthony Alika admitted that during 2015, he received money orders from several individuals and deposited them into bank accounts in his and his wife’s name.  Anthony Alika structured the cash withdrawals from his bank accounts in amounts less than $10,000 to evade the bank reporting requirements.  Anthony Alika admitted that the funds used to purchase the money orders were the proceeds of illegal activity, including the filing of fraudulent tax returns using stolen identities.  Anthony Alika admitted that he laundered over $1.5 million.  Sonia Alika admitted as part of her guilty plea that between February and June 2015, she withdrew more than $250,000 from multiple bank accounts she controlled in amounts less than $10,000 to prevent the bank from filing CTRs.

On June 22, Atebefia was sentenced to serve 15 months in prison followed by three years’ supervised release for his role in the scheme.

Many tax fraudsters depend for their success on filing a fraudulent return with a stolen identity before their victims file their genuine returns.   Filing early and avoiding use of obvious usernames and passwords for online tax websites are two ways to help protect yourself. 

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Horn commended special agents of IRS-Criminal Investigation and the U.S. Postal Service, who investigated the case and Trial Attorneys Michael C. Boteler and Charles M. Edgar, Jr. of the Tax Division and Assistant U.S. Attorney Brian Pearce, who are prosecuting this case.

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

United States Attorney Andrew M. Luger today announced the sentence of JOHN HUNTER, SR., 47, to 70 months in federal prison for filing false tax returns. Following a four-day trial before Senior U.S. District Court Judge David S. Doty, a jury on December 3, 2015, found HUNTER guilty of all the charges against him, including conspiracy to defraud the United States, false claims, and aggravated identity theft. HUNTER was sentenced today before Judge Doty in U.S. District Court in Minneapolis, Minn.

"Today's 70 month sentencing of Mr. John Hunter exemplifies the driven focus of IRS Special Agents as they relentlessly pursue identity theft and refund fraud crimes," said Shea Jones, Special Agent in Charge of the St. Paul Field Office IRS Criminal Investigation. “IRS Criminal Investigation, together with the U.S. Attorney’s Office, will continue to investigate the criminals who are stealing from the American taxpayer.”

As proven at trial, in 2010, HUNTER fraudulently claimed more than $200,000 in tax refunds to which he was not entitled. HUNTER misrepresented both his income and the incomes of 48 others, using their personal identifying information to file false tax returns. In 2009, HUNTER claimed a $8,222 tax refund based on earnings of $13,000 from his job at the Maplewood nightclub, Club Rage, in 2009. His actual earnings were closer to $4,000 and no taxes had been withheld from his paychecks.

As proven at trial, HUNTER also recruited dozens of friends and acquaintances, including minors, for whom he would file fraudulent returns by exaggerating or falsifying their incomes. HUNTER claimed that several of these acquaintances had worked at Club Rage or Holiday Stores, though they never had.

As proven at trial, HUNTER unsuccessfully tried to continue his scheme in 2012, claiming that he had earned over $19,000 at Jimmy John’s sandwich shop. He also filed false taxes for two others without their knowledge, claiming almost $20,000 in fraudulent refunds. The IRS rejected his claims.

This case was the result of an investigation conducted by IRS Criminal Investigations Division with substantial assistance from the Minnesota Department of Revenue.

This case was prosecuted by Assistant U.S. Attorneys Joseph Thompson and Amber Brennan. 

 

Defendant Information:

JOHN HUNTER, SR., 47

Eagan, Minn.

Convicted:

• Conspiracy to defraud the United States, 1 count
• False claims, 8 counts
• Aggravated identity theft, 2 counts

 

Sentenced:

• 70 months in prison

 

###

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The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with Cemex Inc., under which the company will invest approximately $10 million to cut emissions of harmful air pollution at five of its cement manufacturing plants in Alabama, Kentucky, Tennessee and Texas to resolve alleged violations of the Clean Air Act.  Under the consent decree lodged in the U.S. District Court for the Eastern District of Tennessee, Cemex will also pay a $1.69 million civil penalty, conduct energy audits at the five plants, and spend $150,000 on energy efficiency projects to mitigate the effects of past excess emissions of nitrogen oxides (NOx)from its facilities.

“The cement sector is a significant source of air pollution posing real health risks to the communities where they reside, including vulnerable communities across the U.S. who deserve better air quality than they have gotten over the years,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division. “This agreement will require Cemex to pay a penalty and install important pollution controls to achieve reductions in harmful air emissions, thereby making  Cemex a better neighbor to local residents.”

“This settlement requires Cemex to use state of the art technology to reduce harmful air pollution, improving public health in vulnerable communities across the South and Southeast,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “EPA is committed to tackling clean air violations at the largest sources, cutting the pollutants that cause respiratory illnesses like asthma.”

The five Cemex facilities produce Portland cement, a key ingredient in concrete, mortar, and stucco are located in Demopolis, Alabama, Louisville, Kentucky, Knoxville, Tennessee, and New Braunfels and Odessa, Texas.  The Knox County, Tennessee, and Louisville air pollution control authorities participated in this settlement.

Cemex is required to install pollution control technology that will reduce emissions of  NOx and establish strict limits for sulfur dioxide (SO2) emissions, which will improve air quality in local communities.  Cemex will install and continuously operate a selective non-catalytic reduction system for controlling NOx at the five plants and meet emission limits that are consistent with the current best available control technology for NOx.  EPA estimates this will result in NOx emissions reductions of over 4,000 tons per year.  Each facility will also be subject to strict SO2 emission limits.

NOx and SO2, two key pollutants emitted from cement plants, have numerous adverse effects on human health and are significant contributors to acid rain, smog and haze.  The pollutants are converted in the air into fine particles of particulate matter that can cause severe respiratory and cardiovascular impacts and premature death.  Reducing these harmful air pollutants will benefit the communities located near the Cemex plants, particularly communities disproportionately impacted by environmental risks and vulnerable populations, including children. 

This settlement is part of EPA’s National Enforcement Initiative to control harmful emissions from large sources of pollution, which includes cement manufacturing plants, under the Clean Air Act’s Prevention of Significant Deterioration requirements.  The total combined SO2 and NOx emission reductions secured from cement plant settlements under this initiative will exceed 75,000 tons each year once all the required pollution controls have been installed and implemented.

The settlement is subject to a 30-day public comment period and final court approval. Information about submitting a public comment is available at: www.justice.gov/enrd/consent-decrees.

A Spokane, Washington, certified public accountant pleaded guilty today to three counts of making and subscribing false corporate income tax returns announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Michael C. Ormsby for the Eastern District of Washington.

Roger Stadtmueller, 53, admitted owning Zazz Inc., a corporation under which he provided accounting and consulting services, including income tax preparation, bookkeeping and financial auditing for clients.  Stadtmueller admitted that he made and subscribed false and fraudulent corporate tax returns for Zazz for the calendar years 2006, 2007 and 2008, by understating Zazz’s gross receipts by approximately $1.8 million.

Sentencing is scheduled for Oct. 11 at 2:30 p.m. Stadtmueller faces a statutory maximum sentence of three years in prison and financial penalties for each of the three counts of filing false corporate tax returns.  Stadtmueller also agreed to pay restitution to the Internal Revenue Service (IRS) in the amount of $400,000.

Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Ormsby commended special agents of the IRS-Criminal Investigation, who investigated the case, and Senior Litigation Counsel Corey J. Smith and Trial Attorneys Lisa L. Bellamy and Eric C. Schmale of the Tax Division, who are prosecuting the case.

           ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that on July 25, 2016, Defendant FRANKLIN JOHN SALAS was sentenced by the Honorable Frances Tydingco-Gatewood, Chief Judge, District Court of Guam.  Defendant was sentenced to serve 108 months incarceration followed by three years of supervised release, with credit for time served.

           Defendant FRANKLIN JOHN SALAS pled guilty on December 9, 2014 to Attempted Possession of Methamphetamine with Intent to Distribute in violation of Title 21 U.S.C. Section 846(a)(1) and (b)(1)(C).   Defendant SALAS attempted to receive 52.6 grams of methamphetamine hydrochloride at the Barrigada Post Office on October 29, 2014.  The methamphetamine was concealed within card-sized envelopes and sent from Las Vegas, Nevada to Guam where it was intercepted by the U.S. Postal Inspector.   The Drug Enforcement Administration Forensic Laboratory determined that the methamphetamine had a high purity level of 98.8%.

           U.S. Attorney Limtiaco notes that methamphetamine hydrochloride is associated with violent crimes and has a devastating effect on individuals and the community.  The U.S. Attorney’s Office is committed to the aggressive prosecution of cases involving drug distribution.

           The investigation was conducted by the Guam U.S. Postal Inspector and Drug Enforcement Administration.   The case was handled by Assistant U.S. Attorney Rosetta San Nicolas.

LATAM Airlines Group S.A. (LATAM), a commercial airline company based in Chile, has agreed to pay a $12.75 million criminal penalty in connection with a scheme to pay bribes to Argentine union officials via a false consulting contract with a third-party intermediary in violation of the accounting provisions of the Foreign Corrupt Practices Act (FCPA). 

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.

According to admissions made in the resolution documents, executives at LATAM’s predecessor-in-interest, LAN Airlines S.A. (LAN), executed a fictitious $1.15 million consulting agreement with an advisor to the Secretary of Argentina’s Ministry of Transportation in October 2006.  Although the agreement purportedly required the consultant to undertake a study of Argentine airline routes, the consultant never provided any such services.  Instead, the purported consultant funneled the monies he received pursuant to the contract to Argentine labor union officials in exchange for the union agreeing to accept lower wages and  to not enforce what would have been a costly labor rule.  In total, LAN profited by more than $6.7 million as a result of the bribes paid to the union officials.

LATAM entered into a three-year deferred prosecution agreement (DPA) to resolve the case.  As part of the DPA, LATAM agreed to pay a $12.75 million criminal penalty, continue to cooperate with the department’s investigation, enhance its compliance program and retain an independent corporate compliance monitor for a term of at least 27 months.  The department reached this resolution based on a number of factors, including the fact that LATAM did not voluntarily disclose the FCPA violations, but did cooperate with the department’s investigation after the press in Argentina uncovered and reported the conduct approximately four years after it had occurred.  After LATAM began cooperating, it did so fully and provided all relevant facts known to it, including about individuals involved in the misconduct.  LATAM did not, however, remediate adequately.  LATAM failed to discipline in any way the employees responsible for the criminal conduct, including at least one high-level company executive, and thus the ability of the compliance program to be effective in practice is compromised.  As a result, the company paid a penalty within the U.S. Sentencing Guidelines range instead of receiving a discount off the bottom of the range.

In a related matter, LATAM reached a settlement today with the U.S. Securities and Exchange Commission (SEC) under which it agreed to pay $6.74 million in disgorgement and $2.7 million in prejudgment interest.  Thus, the approximately $22.2 million in combined penalty, disgorgement and prejudgment interest far exceeds the $6.7 million in savings the company had received from its improper payments.

The FBI’s Miami Field Office investigated the case.  Senior Trial Attorney Jason Linder of the Criminal Division’s Fraud Section prosecuted the case.  The SEC also provided assistance during the investigation.

A Georgia real estate investor pleaded guilty today for his role in bid-rigging and fraud conspiracies committed at public real estate foreclosure auctions in Georgia, the Department of Justice announced. 

James R. Patterson Jr. admitted that he agreed with other real estate investors to rig auctions of foreclosed homes in Gwinnett County from May 2007 until at least November 2011.  According to court documents filed in the U.S. District Court for the Northern District of Georgia, Patterson and his co-conspirators agreed not to compete for the purchase of selected foreclosed homes so that they could win the auctions for those homes with artificially low bids.  The winning bidders then paid off the conspirators who had refrained from bidding against them.  As a result, conspirators profited from money that otherwise would have gone to mortgage holders and other secured debt holders and in some cases, to the people who owned the foreclosed homes.

Including the individual pleading today, twenty-two defendants have been charged in connection with the Justice Department’s ongoing investigation into bid rigging and fraudulent schemes involving real estate foreclosure auctions in the Atlanta area.  Twenty of those have either pleaded guilty or agreed to plead guilty.

These charges have been filed as a result of the ongoing investigation being conducted by the Antitrust Division’s Washington Criminal II Section, the FBI’s Atlanta Division and the U.S. Attorney’s Office of the Northern District of Georgia, in connection with the president’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 bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal II Section of the Antitrust Division at 202-598-4000, call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.

California-based medical device manufacturer Acclarent Inc., a subsidiary of Johnson & Johnson, has agreed to pay $18 million to resolve allegations that the company caused health care providers to submit false claims to Medicare and other federal health care programs by marketing and distributing its sinus spacer product for use as a drug delivery device without U.S. Food and Drug Administration (FDA) approval of that use, the Justice Department announced today.  

“The FDA approval process serves an important role in ensuring that federal health care participants receive devices that are safe, effective and medically appropriate,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “We will not permit companies to circumvent that process and put profits over patient safety.”     

“The FDA plays a fundamental role in ensuring the safety and efficacy of medical devices and drugs in this country,” said U.S. Attorney Carmen M. Ortiz.  “Every time that patients receive a medical device or fill a prescription they should be able to take for granted that the FDA’s requirements have been met.  We will vigorously pursue those who ignore or seek to circumvent these important patient protections.”

“It is imperative that medical device companies adhere to FDA approval requirements so that patients are not subject to questionable medical treatments at taxpayer expense,” said Special Agent in Charge Phillip M. Coyne of the Department of Health and Human Services Office of Inspector General.  “Our investigators, working closely with our law enforcement partners, will continue to pursue allegations of such misconduct to hold fraudsters accountable and deter those tempted to launch such illegal scams.”

Acclarent sold a variety of medical devices used in sinus surgeries, including a device known as the Relieva Stratus MicroFlow Spacer (Stratus).  In 2006, Acclarent received FDA clearance to market the Stratus as a spacer to be used only with saline to maintain sinus openings following surgery.  The government alleged that Acclarent intended for the Stratus to be used instead as a drug-delivery device for prescription corticosteroids, including Kenalog-40, and that the device was specifically designed and engineered for this use.     

The government further alleged that Acclarent marketed the Stratus as a drug delivery device even after the FDA rejected the company’s 2007 request to expand the approved uses for the Stratus.  For example, Acclarent employees trained physicians using a video that demonstrated the Stratus being used with prescription corticosteroid Kenalog-40 and also used a white, milky substance resembling Kenalog-40 when demonstrating the Stratus.   

In 2010, Acclarent added a warning to its label regarding use of active drug substances in the Stratus; however, the government alleged that Acclarent nonetheless continued to market the Stratus for drug delivery.  By May 2013, Acclarent discontinued all sales of the Stratus and the company agreed to withdraw all FDA marketing clearances for the device, which is no longer commercially available in the United States.   

On Wednesday, July 20th, Acclarent’s former Chief Executive Officer, William Facteau, 47, of Atherton, California and former Vice President of Sales, Patrick Fabian, 49, of Lake Elmo, Minnesota were convicted following a six-week jury trial of 10 misdemeanor counts of introducing adulterated and misbranded medical devices into interstate commerce. 

The civil settlement with Acclarent resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery.  The civil lawsuit was filed in the District of Massachusetts and is captioned United States ex rel. Melayna Lokosky v. Acclarent, Inc.  As part of today’s resolution, Lokosky will receive approximately $3.5 million from the settlement.

This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $30 billion through False Claims Act cases, with more than $18.3 billion of that amount recovered in cases involving fraud against federal health care programs.

The settlement with Acclarent was the result of a coordinated effort among the U.S. Attorney’s Office for the District of Massachusetts and the Civil Division’s Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel and HHS’ Office of Counsel to the Inspector General.  The investigation was conducted by the FBI’s Boston Field Office, HHS-OIG, the Defense Health Agency, FDA’s Office of Criminal Investigations, the Department of Veterans Affairs Office of Inspector General and the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service. 

The claims resolved by this settlement are allegations only, and there has been no determination of liability.