Northern District of Ohio

A Marion man was arrested on federal heroin and firearms charges, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

Eric L. Creagh, 32, was charged in U.S. District Court with one count of possession with intent to distribute heroin and one count of being a felon in possession of a firearm.

"We hope today's arrest puts a dent in the heroin epidemic we've seen in Marion," Dettelbach said. "Our office remains committed to working with law enforcement and others to stem the heroin and opioid problem we see in all corners of our state."

According to a federal affidavit filed in the case:

A confidential informant purchased more than 20 grams of "blue drop" heroin from Creagh on five separate occassions between May 30 and June 8.

Based on this and other information, members of the Drug Enforcement Administration, the Marion Metro Drug Enforcement Unit (MARMET), the Marion Police Department and the Marion County Sheriff's Office executed search warrants at two homes owned by Creagh on June 10. Creagh was arrested as law enforcement agents recovered two firearms, approximately one kilogram of a heroin/fentantyl mixture, blue fabric dye, a face mask with a filtration system and rubber gloves, two hydraulic presses and approximately $60,000 in cash.

It is believed the equipment was used to dye the heroin and prepare if for distribution, according to the affidavit.

Creagh appeared in U.S. District Court in Toledo and was ordered detained.

This case is being prosecuted by Assistant U.S. Attorneys Thomas Weldon and Michael Freeman following an investigation by the Drug Enforcement Administration, MARMET, the Marion Police Department, the Marion County Sheriff's Office and the Ohio Bureau of Criminal Investigation.

 

 

 

 

Seven Stark County men were indicted in a 13-count federal indictment for their roles in a conspiracy to distribute cocaine and crack cocaine in the Canton area, law enforcement officials said.                            

Indicted are: Derrick L. Walton, 40; Gregory N. Burns, 41; Jon A. Herring, Jr., 34; Dwight A. Martin, 25; Michael Patterson, 30; Jermaine L. Woodson, 36, all of Canton, and Robert L. Morrow, 45, of Massillon.

All seven are indicted in count one with conspiracy to possess with the intent to distribute cocaine and cocaine base (crack). Count two charges Morrow with being a felon in possession of ammunition, and counts three through 13 charge Burns, Woodson, Martin, Patterson, and Herring with use of a telecommunication facility to facilitate a drug trafficking offense.

The defendants engaged in a conspiracy between 2012 and the present in which they received cocaine and crack cocaine from James Walton, according to the indictment.

“These defendants are part of a group that packed guns and sold drugs in neighborhoods with impunity,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

“These seven individuals will now be joining their co-conspirators behind bars,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office. “Prior to this morning’s efforts, law enforcement had seized over nine kilograms of cocaine, 15 firearms, and cash and assets in excess of $400,000 -- all proceeds of the drug trafficking conducted in this investigation.”

“This case is the result of continued dedication by federal, state and local law enforcement in this community,” said Canton Police Chief Bruce Lawver. “We have focused on the most violent individuals responsible for irreparable harm done to our neighborhoods.”

This case is being prosecuted by Assistant United States Attorney Teresa L. Riley following an investigation by the Stark County Safe Streets Task Force. The task force includes members of the Federal Bureau of Investigation, Canton Police Department, Alliance Police Department, Jackson Township Police Department and the State of Ohio Parole Authority.  The Ohio State Highway Patrol also assisted with the investigation.

This indictment is the second in this investigation which has resulted in 21 convictions to date. James Walton was previously indicted and is awaiting trial.

If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A Cleveland man was convicted of conspiracy to possess with intent to distribute heroin and related charges following a week-long trial.

Keith Ricks, 33, is scheduled to be sentenced by U.S. District Judge Christopher Boyko on Sept. 14. He faces a potential sentence of life in prison.

Ricks is the last of 60 people to be found guilty in federal court for their roles in a conspiracy to bring heroin from Chicago and Atlanta and sell it throughout Greater Cleveland between 2011 and 2013.

Ricks and others obtained heroin from suppliers in Atlanta and transported the drugs to Cleveland by mail or car. Ricks and others also pooled their money to obtain heroin from Atlanta. Ricks then distributed the heroin to other traffickers in Cleveland, according to trial testimony and court documents.

Ricks, Maceo Moore, Leamon Shephard and others also planned and committed burglaries and robberies from other drug dealers, customers, and each other. This was done to fund their drug trafficking, to obtain heroin and other drugs, and to collect drug debts, according to trial testimoney.

The men then sold the stolen heroin at discounted prices or used the stolen money to obtain heroin. They identified potential victims through a variety of ways, including targeting those who appeared to have expensive jewelry or cars or by using women to gather information about potential victims and report back to them. They sometimes used firearms or zipties to restrain victims, according to trial testimony and court documents.

This case is being prosecuted by Assistant U.S. Attorneys Matthew W. Shepherd, Daniel J. Riedl, and Matthew B. Kall, following a multi-year investigation by the Northern Ohio Law Enforcement Task Force (NOLETF).

The NOLETF is a longstanding multi-agency task force comprised of investigators from the Federal Bureau of Investigation, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, U.S. Coast Guard Investigative Service, Cleveland Division of Police, Cleveland Heights Police Department, Cuyahoga County Sheriff’s Office, Euclid Police Department, Regional Transit Authority Police Department, Westlake Police Department, and Shaker Heights Police Department. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area (HIDTA) initiatives. HIDTA supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.

The investigation was assisted by the Hotel Interdiction Team, another HIDTA initiative composed of members of the FBI, Cuyahoga County Sheriff’s Office, Homeland Security Investigations, and police departments from Broadview Heights, Brooklyn, Brook Park, and Independence.

 

A federal grand jury sitting returned a seven-count indictment charging four Youngstown-area men with trafficking in counterfeit goods, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Indicted are: Ashraf Mishmish, 49, of Boardman; Raed Khatib, 52, of Boardman; Wesam Mishmish, 20, of Austintown; and Khaled Wakhyan, 30, of Boardman.

The indictment alleges that in or about December 2013 through July 2014, Ashraf Mishmish, Raed Khatib, Wesam Mishmish, and Khaled Wakhyan conspired and agreed to intentionally traffic in counterfeit goods, specifically perfume, cologne, purses, headphones, jackets and boots.  It was a part of the conspiracy that the defendants obtained perfume, cologne, boots, purses and headphones bearing counterfeit marks.  The defendants then sold the counterfeit goods at a price below the manufacturer’s suggested retail price for the authentic goods.

According to the indictment, the defendants committed the following acts in furtherance of the conspiracy:

On or about December 15, 2013, Khaled Wakhyan offered for sale 93 jackets, 104 bottles of perfume/cologne, 25 sets of headphones, and 32 pairs of boots bearing counterfeit marks.

On or about June 21, 2014, Raed Khatib offered for sale 249 bottles of perfume/cologne, and 34 sets of headphones bearing counterfeit marks.

On or about June 21, 2014, Wesam Mishmish offered for sale 268 bottles of perfume/cologne and 42 sets of headphones bearing counterfeit marks.

On or about July 25, 2014, Wesam Mishmish offered for sale 212 bottles of perfume/cologne and 97 sets of headphones bearing counterfeit marks.

On or about July 25, 2014, Ashraf Mishmish offered for sale 332 bottles of perfume/cologne, 80 sets of headphones, and five purses, bearing counterfeit marks.

On or about July 25, 2014, Raed Khatib offer for sale 197 bottles of perfume/cologne and 70 sets of headphones bearing counterfeit marks.

On or about July 25, 2014, Ashraf Mishmish possessed 635 bottles of perfume/cologne, 115 sets of headphones, and 39 pairs of boots, bearing counterfeit marks.

In total, the defendants possessed and offered for sale counterfeit items with a domestic value of approximately $95,854 and with the manufacturer’s suggested retail price of $273,872.

If convicted, the defendants’ sentences will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Department of Homeland Security, Homeland Security Investigations.   The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A criminal information was filed today charging Hessam B. Lahoud, 54, of Westlake, with subscribing to a false federal income tax return, said United States Attorney Steven M. Dettelbach.

The information alleges that Lahoud signed a false individual income tax return for calendar year 2008.  Lahoud was the manager of the Airport Convenience Mart, a convenience store located near Hopkins International Airport. During 2008, Lahoud cashed checks at the store, and in many cases, deposited the checks into personal accounts.  He failed to report the checks diverted to his personal accounts in total income for 2008, according to the information.

An information is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The case is being prosecuted by Assistant U.S. Attorney James V. Moroney, following investigation by agents of the Internal Revenue Service, Criminal Division. 

Seventeen people were indicted in federal court for their roles in a $165,000 conspiracy to pass fraudulent checks and then withdrew the money, sometimes at a Cleveland casino.

All 17 people are charged in count 1 of the 34-count superseding indictment with conspiracy to commit bank fraud. The defendants, who are from Cleveland unless otherwise noted, are: Devinne P. Hollie, 29; Sade Philpott, 29; Shanita Hollie, 28; Ahmerr Ellis 19; Calvin McPherson, 31; Asia McPherson, 30; Tavio Jack  21; Earl Walker 26; Matthew Johnson 28; Eddie Stacy 56; Darren Shea-Ron 23; Jeffrey Tate, 37, of Euclid; Marnetta McPherson, 35; Chad M. Mason 22; John T. Wilder, 34; Anthony L. McPherson, 56; and Thiotis A. Greene 31, of Garfield Heights.

The remaining counts charge various defendants with individual counts of bank fraud.

The Hollies and Philpott were previously indicted for their roles in the conspiracy.

That trio, acting with the other 14 defendants, engaged in a check-kiting scheme in which they fraudulently obtained funds from financial institutions by depositing multiple counterfeit and forged checks into co-conspirators’ bank accounts, according to the indictment.

They then withdrew the proceeds from those accounts at ATMs, through debit card purchases, and by making withdrawals at a local casino, according to the indictment.

“This group passed bad checks and stole from banks,” said U.S. Attorney Steven M. Dettelbach. “They may be trading their time at a glitzy casino for the comforts of a federal prison.”

“These women believed they had found a shortcut to put money in their pockets and now they will have to pay for their criminal behavior,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office. “The FBI will continue this investigation in order to bring all individuals involved in this group to justice.”

“The Ohio Casino Control Commission is tasked with protecting the integrity of casino gaming in Ohio,” stated John Barron, OCCC Deputy Executive Director and General Counsel.  “In fulfilling this constitutional duty, the Commission was able to identify numerous fraudulent transactions by several individuals and, with the investigative resources of the FBI and the support of the United States Attorney’s Office, a joint investigation which began seven months ago is an example of the type of cases that can be prosecuted by Federal, State, and Local Law Enforcement when working together.  These individuals are now being held responsible for their illegal actions.”

In most instances, the Hollies and Philpott found a co-conspirator who was willing and able to open a checking account at a bank.  Once these co-conspirators obtained debit cards and PINs for the accounts, they passed these items on to the Hollies and/or Phipott, who then deposited forged and counterfeit checks into the bank accounts.  These deposits typically occurred late at night or in the early morning hours, when the banks were closed and could not detect that the checks were counterfeit and forged, according to the indictment.

The defendants would then often meet at the Horseshoe Casino in downtown Cleveland, where they would use Total Rewards Cards from the casino linked to their bank accounts to make large scale cash withdrawals from the casino’s cage, according to the indictment.

The Hollies, Philpott and the other defendants made deposits of counterfeit and forged checks on approximately 31 different occasions.  The false and fraudulent deposits totaled approximately $165,000, and the banks lost approximately of $120,000. 

If convicted, the defendants’ sentences will be determined by the court after review of the factors unique to this case, including the defendants’ prior criminal records, the defendants’ roles in the offense and the characteristics of the criminal conduct.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant U.S. Attorneys Om Kakani and Carmen Brown, following an investigation by the Federal Bureau of Investigation, with assistance from the Ohio Casino Control Commission.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove the defendant guilty beyond a reasonable doubt.

 

A federal grand jury returned a three count indictment charging Daniel Persaud, 26, of Brooklyn, New York, with identity fraud, bank fraud and conspiracy to commit identity fraud, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The Wadsworth Police identified Persaud and his Ohio co-conspirator and worked in conjunction with the U.S. Secret Service in the investigation to determine the extent of the identity theft conspiracy.  Persaud committed identity theft crimes throughout Ohio, Illinois and North Carolina between November 2013 and August 2014, according to the indictment.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the U.S. Secret Service, Wadsworth Police Department, Fairlawn Police Department, Independence Police Department, Seven Hills Police Department, Medina Police Department, Strongsville Police Department, Ashland Police Department, Marion Police Department, Oak Brook Police Department from Oak Brook, Illinois, United States Postal Inspectors out of Raleigh, North Carolina, the Raleigh, North Carolina, Police Department, and Investigators from J.P. Morgan Chase Bank and Wells Fargo Bank.  The case is being prosecuted by Assistant United States Attorney Teresa L. Riley.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A federal grand jury returned a one-count indictment charging Kasey J. Crouse, 25, Lewiston, Maine, with providing contraband to an inmate, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment alleges that on or about May 23, 2014, Crouse provided prohibited objects - five suboxone strips containing buprenorphine, a Schedule III narcotic drug, to an inmate in FCI Elkton, Elkton, Ohio.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Federal Bureau of Prisons.   The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A federal grand jury returned a 58-count second superseding indictment against Mark O. Wittenmyer, 54, of Holland, Ohio; Robert Milam, 65, of League City, Texas; Lonny Remmers, 57, of Corona, California; Mark Aller, 50, of Birmingham, Michigan; and Douglas Boyce, 57, of Maumee, Ohio, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The existing superseding indictment contains multiple charges including conspiracy, wire fraud, money laundering, securities fraud, and access device fraud. The new superseding indictment adds a sixth defendant, Arvel Ray Henderson II, 46, of Holland, Ohio, who is charged along with Wittenmyer with a money-laundering conspiracy. Henderson is also charged with four individual counts of money laundering.

The indictment charges that from in or around January 2003, and continuing through May 2014, Wittenmyer, Milam, Remmers, Aller, Boyce, and others, conspired to solicit and collect investments, expenses, consulting fees, salaries and other payments in connection with investment and financing transactions induced by false and fraudulent pretenses, representations, and promises.  The conspirators utilized several business entities to promote and induce investments, including Spring Valley Marketing Group, Community ISP, Momentum Management, OnLetterhead, bSecured Solutions, New Dimension Fund, and RM Capital, according to the indictment.

False statements were made to investors, lenders, and other participants regarding past successes in arranging investments transactions for the purpose of inducing investments.  Wittenmyer used the participation, and purported participation, of attorneys and other professionals to confer an aura of legitimacy to potential investors. Wittenmyer often fraudulently requested that investors and lenders advance funds for travel, legal fees, and other various expenses, which the conspirators then used for personal living expenses, according to the indictment.

In addition to each defendant being charged with one count of conspiracy to commit wire fraud, Wittenmyer is charged with eight counts of wire fraud, 32 counts of money laundering, six counts of securities fraud, and two counts of access device fraud.  Milam is also charged with two counts of wire fraud and one count of money laundering.  Remmers is also charged with two counts of wire fraud. Aller is also charged with three counts of wire fraud and one count of money laundering, and Boyce is charged with one count of money laundering. As indicated, Henderson is charged with one count of conspiracy to launder money, and four separate counts of money laundering.

If convicted, each defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including any prior criminal record, respective roles in the offense and the characteristics of the violations.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation, both of Toledo. The case is being prosecuted by Assistant United States Attorneys Gene Crawford and James V. Moroney.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Five men from Northeast Ohio were convicted of multiple crimes for their roles in a conspiracy to distribute heroin and cocaine and use firearms to rob what they believed to be a drug stash house.

A jury convicted Kali Alexander, 24, of Willoughby Hills, Rasheam Nichols, 24, Justin Maxwell, 26, Terrance Chappell, 22, and Kenneth Flowers, 21, all of Cleveland, on all 11 counts. They are scheduled to be sentenced in September.

Alexander recruited the other defendants to steal up to nine kilograms of cocaine from a stash house in Cleveland. The group planned to rob the stash house, then Alexander would sell the stolen cocaine and split the profits, according to court documents.

Alexander met with an undercover ATF agent last year and expressed an interest and willingness to commit the robbery. “I promise you, I know what I’m doing, I’m about to holler at my big brother, then we going to orchestrate it from there,” according to court documents.

Alexander, Nichols, Maxwell, Chappell and Flowers met with the ATF undercover on September 3, 2014, and discussed the strategy for the robbery. Then the five men drove to agreed-upon location in anticipation of acquiring a specific vehicle to use during the robbery, at which point they were arrested, according to court documents.

The indictments are the result of “Operation Samson II,” an initiative last summer in which 60 people were indicted and 110 firearms were seized. To date, 58 of the 60 people have been found guilty.

“This operation was like a vacuum cleaner, sucking up illegal firearms from the streets of Cleveland,” said U.S. Attorney Steven M. Dettelbach.

"There is no place in our society for those who use firearms for violent, criminal purposes," said Donald Soranno, Special Agent in Charge of ATF's Columbus Field Division. "ATF will continue to work with our law enforcement partners at every level to bring those individuals to justice."

This initiative was a cooperative effort between the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cleveland Division of Police, the Ohio Adult Parole Authority, the U.S. Marshals Service, the U.S. Attorney’s Office and the Cuyahoga County Prosecutor’s Office.

A federal grand jury today returned an indictment in U.S. District Court charging Rakieda D. Cheatham, 27, of Youngstown, with threatening interstate communications and making threats/conveying false information regarding explosives, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The charges stem from a series of e-mails Cheatham is alleged to have sent in March, 2015, to management at Vallourec Star.  The e-mails warned that a bomb had been placed in the administration building, and threatened to slit the throats of one of the manager’s children.  The bomb threat caused the total shut down of operations at Vallourec Star and the evacuation of hundreds of Vallourec employees.  The Mahoning County Sheriff Bomb Squad responded, but no explosives were located.

The Federal Bureau of Investigation and Mahoning County Sheriff’s Department conducted the investigation.  The case is being prosecuted by Assistant United States Attorney Justin Seabury Gould.

If convicted, the defendant’s sentence will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

 

A Youngstown-based company was fined $75,000 and ordered to make $25,000 in payments to the community for violating the Clean Water Act by dumping fracking waste into a tributary of the Mahoning River.

Hardrock Excavating LLC pleaded guilty to one count of making an unpermitted discharge.

The company’s owner, Benedict W. Lupo, was previously sentenced to 28 months in prison for ordering the illegal discharges, which took place more than 30 times between Nov. 1, 2012 and Jan. 31, 2013, according to court documents.

The community payment will be split between two agencies -- $12,500 each to the Friends of the Mahoning River and Midwest Environmental Enforcement Association.

“This company and its owner put profits ahead of the law,” said Steven M. Dettelbach, the United States Attorney for the Northern District of Ohio. “Now they’re paying a price for their illegal actions. This sentence sends a message and the money from this case is used to stop would-be polluters.”

“Clean air and fresh water is the birthright of every man, woman and child in this state,” Dettelbach said. “Intentionally breaking environmental laws is not the cost of doing business, it's going to cost business owners their freedom.”

“Both Ben Lupo and Hardrock Excavating deserved to pay for the damage they caused,” Ohio Attorney General Mike DeWine said. “My office helped investigate this case and we will continue to pursue others like it to make sure that those who intentionally harm the environment and human health are held accountable for their actions.”

“Discharging pollution into waterways is illegal and endangers human health, wildlife and the environment,” said Randall Ashe, Special Agent in Charge of EPA’s criminal enforcement program in Ohio.  “Oil and gas production must include safe, legal treatment and disposal of drilling byproducts. Today’s sentence reflects EPA’s commitment to protecting our natural resources and the communities that rely upon them.”

“Today’s plea is the next step related to an egregious Clean Water Act violation involving several participants,” said Ohio EPA Director Craig W. Butler. “We will continue to work with our partners at the local, state and federal agencies to make sure that public health and the environment is protected and responsible parties are held accountable.”

According to the indictment and related court documents:

Hardrock Excavating LLC was owned by Lupo and located at 2761 Salt Springs Road in Youngstown. The company provided services to the oil and gas industry in Ohio and Pennsylvania, including the storage of brine and oil-based drilling mud used in hydrofracturing, or fracking.

There were approximately 58 mobile storage tanks at the facility and each holds approximately 20,000 gallons.

Lupo, directed employees to empty some of the waste liquid stored at the facility into a nearby wastewater drain on or about Nov. 1, 2012. Lupo directed the employees to conduct this activity only after no one else was at the facility and only after dark.

The employees, at Lupo’s direction, emptied some of the waste liquid at the facility into the nearby stormwater drain using a hose on numerous occasions over the next several months. The drain flowed into a tributary of the Mahoning River and ultimately into the Mahoning River.

The last time an employee emptied some of the waste liquid into the drain was on or about Jan. 31, 2013.

The waste liquid that night included brine and drill cuttings. A sample of the discharge taken that night was black in color and a subsequent analysis showed the presence of several hazardous pollutants, including benzene and toluene.

This case is being prosecuted by Special Assistant U.S. Attorney Brad Beeson following an investigation by the Ohio EPA, Ohio Department of Natural Resources, U.S. EPA, the Ohio Bureau of Criminal Investigation, the Youngstown Department of Public Works and the Youngstown Fire Department.

A federal grand jury returned a one-count indictment charging Gregory Ingram, 29, of Ravenna, Ohio, with dispensing controlled substances, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Count 1 alleges that from in or about September 2013 to in or about October 2014, Ingram, a physician, illegally dispensed Oxycodone, Hydrocodone, Percocet, and Diazepam.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the Drug Enforcement Administration.  The case is being prosecuted by Assistant United States Attorney Linda H. Barr.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A federal grand jury returned a three-count indictment charging three Georgia residents with access device fraud, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Indicted are Taylor Johnson, Jayla Bass and Destiny Tanner, each 21. The indictment alleges each defendant knowingly possessed with intent to defraud 15 or more counterfeit or unauthorized credit cards.    

Assistant United States Attorney Matthew J. Cronin is prosecuting the case following an investigation by the United States Secret Service and local law enforcement.

If convicted, the defendant’s sentence will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

INTRODUCTION

The Department of Justice (DOJ) and the City of Cleveland (City) have reached a Settlement Agreement (Agreement) to reform the Cleveland Division of Police (CDP).  The Agreement is intended to resolve DOJ’s findings that CDP engages in a pattern or practice of using unreasonable force in violation of the Fourth Amendment.

PROVISIONS OF THE SETTLEMENT AGREEMENT

The Settlement Agreement contains the following important mechanisms:

Community engagement with CDP:

• Development of formal and informal mechanisms to ensure greater community engagement with CDP.
• Creation of a Community Police Commission that represents Cleveland’s many communities.  Provides input on CDP’s policies, training, civilian oversight system, and bias-free policing and community engagement strategies.
• Implementation of a comprehensive community and problem-oriented policing model to strengthen partnerships with the community and ensure collaborative problem-solving.

Search and seizure practices and bias-free policing: 

• Revision of  policies and training to ensure that all stops and searches are conducted in accordance with the Constitution and in a manner that takes into account community values.
• Significantly more supervision of officers’ search and arrest practices.
• Development of a bias-free policing policy that makes clear that biased policing, including deciding to detain someone based solely on racial stereotypes, is prohibited.  Includes training on cultural competency and implicit bias.
• Tracking and analysis of interactions between the police and residents, including the race, ethnicity, age, and gender of people who are stopped and against whom force was used.
• Community input into comprehensive training related to bias-free policing.
• Development of a recruiting plan that will include specific strategies for attracting a diverse group of applicants.

Use of force:

• Revision of force policies and improved training and guidance on when and how officers may use force, including an emphasis on de-escalation of incidents.
• Strengthening of  the systems for reviewing and investigating uses of force.
• Creation of a Force Review Board to review serious uses of force, including the circumstances leading up to the use of force, officers’ tactical decisions, the adequacy of supervision and equipment, and CDP’s medical response.

Crisis intervention:

• Development of a Mental Health Response Advisory Committee to foster relationships and build support between police, the community and mental health providers.
• Development of a plan to ensure that specialized officers who have received advanced training in responding to individuals in crisis respond to calls related to those in mental-health crisis.

Accountability:

• Revised systems to ensure that all allegations of officer misconduct are investigated fully, fairly, and efficiently, and that officers who engage in misconduct are held accountable.
• Placement of a civilian at the head of Internal Affairs and improved training of  Internal Affairs investigators.
• Substantial changes to the Office of Professional Standards and the Police Review Board to ensure that all civilian complaints of police misconduct are thoroughly and effectively investigated.

Transparency and oversight:

• Creation of a civilian Police Inspector General to review policies and practices; analyze trends; review investigations conducted by the Office of Professional Standards; and review all discipline imposed.
• Broad data collection regarding many of CDP’s activities, including its use of force and stop and search practices, and public reporting of that data.

Officer assistance and support:

• Implementation of an effective employee assistance program that provides officers ready access to the mental health and support resources.
• Development of a comprehensive equipment and resource study to assess current needs and priorities to perform the functions necessary for CDP to fulfill its mission, and submission of plan to the independent monitor.

Implementation and Termination:

• Filed in federal Court and operates as a federal court order once approved by a judge.
• Overseen by an independent monitor, chosen by the Parties for an initial term of five years, to assess and report on whether the requirements of this Agreement have been implemented.
• Termination of the Agreement when the city has demonstrated to a judge that it been in substantial and effective compliance for two consecutive years for most requirements of the Agreement, one year for the search and seizure requirements.

JUSTICE DEPARTMENT REACHES AGREEMENT WITH CITY OF CLEVELAND TO REFORM CLEVELAND DIVISION OF POLICE FOLLOWING THE FINDING OF A PATTERN OR PRACTICE OF EXCESSIVE FORCE

      WASHINGTON – The United States Department of Justice and the City of Cleveland announced today that they have entered into a court enforceable agreement to address the department’s findings that the Cleveland Division of Police (CDP) engages in a pattern or practice of using excessive force in violation of the Fourth Amendment.  The agreement will create widespread reforms and changes within the CDP.  The changes focus on building community trust, creating a culture of community and problem-oriented policing, officer safety and training, officer accountability and  technological upgrades.  Under the agreement, the parties will jointly select an independent monitor to assess and report whether the requirements of the agreement have been implemented for a term of at least five years.

      “The Department of Justice is committed to ensuring that every American benefits from a police force that protects and serves all members of the community,” said Attorney General Loretta E. Lynch.  “The agreement we have reached with the city of Cleveland is the result of the hard work and dedication of the entire Cleveland community, and looks to address serious concerns, rebuild trust, and maintain the highest standards of professionalism and integrity.  I am pleased to have the full cooperation of law enforcement and city officials in this effort.  And I look forward to working with the entire community to build a stronger, safer Cleveland for residents and officers alike.”

         The comprehensive agreement calls for:

• The creation of Community Police Commission, made up of ten representatives from across the community, and one representative each from the Cleveland Police Patrolmen’s Association, the Fraternal Order of Police and the Black Shield.
• CDP to reform use of force policies, including requirements for the use of de-escalation techniques whenever possible and appropriate, a prohibition on retaliatory force, mandatory reporting and investigation standards following use of force, and medical care for the subjects of force.
• CDP to integrate bias-free policing principles into all levels of the organization, including comprehensive training of officers and supervisors, which is to be developed with community input.
• CDP to create a Mental Health Response Advisory Committee and provide all officers with sufficient training to identify and appropriately respond to situations involving individuals in crisis.  CDP will develop a plan to ensure these specialized officers are always available to respond to calls related to those in mental-health crisis.
• CDP to improve officer training by ensuring that it reflects the needs of officers and that it is effective.
• CDP to improve equipment and resources available to officers following a comprehensive equipment and resource study to assess its current needs and priorities, including providing officers with functioning, up-to-date technology in their zone cars that allows them to access necessary information; safe zone cars; and first aid equipment.
• CDP to develop a recruiting policy and strategic recruitment plan that includes clear goals, objectives and action steps for attracting qualified applicants from a broad cross-section of the community. CDP will consult with the Community Police Commission and other stakeholders on strategies to attract a diverse pool of applicants.

      “Today’s agreement reflects a commitment by the city and the Division of Police to work with the Department of Justice and the Cleveland community to transform this police agency into a model of community-oriented policing that will make both police officers and the people they serve safer,” said the head of the Civil Rights Division, Principal Deputy Assistant Attorney General Vanita Gupta.  “Constitutional policing is key to building trust between police departments and the communities they serve.  Today, Cleveland demonstrates to the rest of the country that people can come together across perceived differences to realize a common vision of a safer, more just city."

      “For the past days and months the nation has looked toward Cleveland as we have grappled with difficult issues involving police-community relations,” said U.S. Attorney Steven M. Dettelbach of the Northern District of Ohio.  “Today, the nation should look to this city as an example of what true partnership and hard work can accomplish – a transformational blueprint for reform that can be a national model for any police department ready to escort a great city to the forefront of the 21st Century.  But the hard work is just beginning, and we will need the committed partnership of this entire community to turn today’s promise into tomorrow’s reality.”

      The agreement addresses the conclusions announced in December 2014 of a comprehensive investigation into the CPD started in March 2013 which assessed use of force practices of the CDP.  The investigation concluded that there was reasonable cause to believe that Cleveland police officers engage in a pattern or practice of unreasonable and in some cases unnecessary force in violation of the Fourth Amendment of the Constitution.  That pattern or practice included the unnecessary and excessive use of deadly force, including shootings and head strikes with impact weapons; the unnecessary, excessive or retaliatory use of less lethal force including Tasers, chemical spray and fists; excessive force against persons who are mentally ill or in crisis, including in cases where the officers were called exclusively for a welfare check; and the employment of poor and dangerous tactics that place officers in situations where avoidable force becomes inevitable.

      The investigation also found that this pattern of excessive force has eroded public confidence in the police.  As a result, public safety suffers and the job of delivering police services was more difficult and more dangerous.  The investigation was conducted jointly by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Northern District of Ohio.

READ THE SETTLEMENT AGREEMENT

 # # #

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IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.

Statement from Vanita Gupta, head of the Justice Department’s Civil Rights Division, U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio and Special Agent in Charge Stephen D. Anthony for the FBI:

“The U.S. Attorney's Office, the Federal Bureau of Investigation and the Civil Rights Division of the Department of Justice have been monitoring the extensive investigation that has been conducted around the events of Nov. 29, 2012.  We will now review the testimony and evidence presented in the state trial.  We will continue our assessment, review all available legal options and will collaboratively determine what, if any, additional steps are available and appropriate given the requirements and limitations of the applicable laws in the federal judicial system.  This review is separate and distinct from the Civil Rights Division and U.S. Attorney's Office's productive efforts to resolve civil pattern and practice allegations under 42 U.S.C. 14141 with the city of Cleveland.”

Two Akron men were sentenced to prison for their roles in a conspiracy that brought heroin from Chicago to be sold around Ravenna and Akron, law enforcement officials said.

Rashid Carter, 30 was sentenced to 15 years in prison.

Laverne Fortson, 40, was sentenced to nine years in prison.

"These two used guns to protect their pipeline of heroin, and used drug houses to spread that heroin throughout Akron," said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

“ATF’s primary mission is to reduce violent crime,” said Donald Soranno, Special Agent in Charge for ATF’s Columbus Field Division. “The sentencing of these individuals, who brought guns and drugs into their community, sends the strong message that ATF, with our federal, state, and local partners, will not accept violence as the status quo.”

“These individuals collaborated to deliver poison to our streets and we collaborated to bring them to jail,” said Stephen D. Anthony, Special Agent in Charge of the FBI's Cleveland office. “This case was another outstanding example of what can be accomplished when local, state and federal agencies work together to protect our community.”

Fortson and Carter received heroin shipments in 2013 and 2014. In turn, they provided the heroin to another dealer distribution in and around Akron and Ravenna, according to court documents.

Carter also purchased heroin from a supplier in the Chicago area for distribution in and around Akron. He and Fortson supplied heroin to several dealers in Akron, some of whom in turn distributed the drug to other dealers. Carter played a role in transporting the heroin and drug proceeds between Chicago and Akron. Fortson provided cash to facilitate the Chicago drug transactions, according to court documents.

Fortson and Carter owned and rented properties in Akron that they used to store, process, and distribute heroin, according to court documents.

It was part of the conspiracy that Fortson and Carter illegally use firearms to protect themselves and their drug proceeds, according to court documents.

Carter illegally possessed a Firestar, .45-caliber pistol, a Taurus, model 85, .38 special revolver and ammunition on June 6, 2014, despite previous convictions for possession of cocaine in Portage County and failure to comply with a police officer in Summit County.

Fortson illegally possessed a Harrington and Richardson 16-gauge shotgun and ammunition on June 18, 2014, despite a previous conviction for aggravated trafficking in Portage County.

This investigation was conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Summit County Drug Unit, the Akron Police Department and the Portage County Drug Unit, with assistance from the U.S. Marshal’s Service, the Ohio State Highway Patrol and the Portage County Prosecutor’s Office. The matter is being prosecuted by Assistant U.S. Attorneys David M. Toepfer and M. Kendra Klump.

 

A South Euclid woman was sentenced to five years in prison for identity theft, wire fraud and bank fraud related to a $70,000 scheme, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Kathy Enstrom, Special Agent in Charge, Internal Revenue Service, Cincinnati Field Office.

Keauna Smith, 29, pleaded guilty to seven counts earlier this year.

She stole the identities of 16 people between 2012 and 2104. She used these stolen identities to file 18 false tax claims of approximately $44,306. She had the money loaded onto prepaid debit cards and then withdrew the money at various ATMs, according to the court documents.

Smith also illegally obtained approximately $26,300 this year by taking checks from her employer, made them payable to herself and then forged the owner’s signature on the checks, according to court documents.

“This defendant is accused of stole from private citizens, the federal government and her employer,” Dettelbach said. “Her ride of theft ends in federal prison.”

“Individuals who commit identity theft and refund fraud of this magnitude deserve to be punished to the fullest extent of the law,” Enstrom said. “Keauna Smith caused immeasurable hardship to innocent victims. IRS Criminal Investigation remains committed to the pursuit of identity theft and, together with our partners at the U.S. Attorney’s Office, we will hold those who engage in similar conduct accountable.”

This case is being prosecuted by Assistant U.S. Attorney James V. Moroney following an investigation by the Internal Revenue Service – Criminal Investigations.

Corey L. Bryant, 25, of Norton, Ohio, was indicted on charges of traveling in foreign commerce and engaging in illicit sexual conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment charges that between on or about August 10, 2011 and May 21, 2012, Bryant, a citizen of the United States, traveled in foreign commerce, from the United States to Honduras, and engaged and attempted to engage in illicit sexual conduct with Minor #1, a person who was under 18 years of age.  The indictment also charges that between on or about February 13, 2013 and November 26, 2014, Bryant, a citizen of the United States, traveled in foreign commerce, from the United States to Honduras, and engaged and attempted to engage in illicit sexual conduct with Minor #2, a person who was under 18 years of age.  The indictment also charges that between on or about February 13, 2013 and November 26, 2014, Bryant, a citizen of the United States, traveled in foreign commerce, from the United States to Honduras, and engaged and attempted to engage in illicit sexual conduct with Minor #3, a person who was under 18 years of age.

If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan and Trial Attorney Amy Larson of the Criminal Division’s Child Exploitation and Obscenity Section.  The case was investigated by the Cleveland Office of Department of Homeland Security, Homeland Security Investigations (HSI), with assistance from HSI Tegucigalpa and the HSI Transnational Criminal Investigative Unit.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A federal grand jury returned a two-count indictment charging David Z. Zehnder, 45, of Middleburg Heights, with extortion and use of an electronic communication to threaten harm to a victim known to the grand jury, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment alleges that Zehnder extorted and attempted to extort money from the victim by threat of violence.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorney Linda H. Barr.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Daniel J. Quellos, Jr., 39, of Lakewood, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment charges that from on or about January 9, 2015, through on or about April 3, 2015, Quellos knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.  The indictment also charges that on April 24, 2015, Quellos possessed a computer, an external hard drive, a USB storage device, numerous compact disks, and numerous printed pages, all that contained child pornography.

If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan.  The case was investigated by the Ohio Internet Crimes Against Children Task Force and the United States Secret Service.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Troy B. Schuuring, 39, of Galion, Ohio, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment charges that from on or about February 24, 2015, through on or about February 25, 2015, Schuuring knowingly received and distributed in interstate and foreign commerce, by computer, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.  The indictment also charges that on April 21, 2015, Schuuring possessed a computer that contained child pornography.

If convicted, the sentence in this case will be determined by the court after consideration of the Federal Sentencing Guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan.  The case was investigated by the Canton Office of the Federal Bureau of Investigation and the Canton Police Department.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A federal grand jury returned a four-count indictment charging four Akron residents with conspiracy and harboring undocumented and illegal aliens in relation to their operation of a restaurant in Akron, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio

Indicted are Chau Fang Lam, age 56, Rui Xu, age 27, Xin Hsu, age 33, and Zhou Qiang Zou, age 32.

Lam, Xu, Hsu, and Zou owned and operated the Royal Buffet and Grill restaurant in the Chapel Hill area of Akron, Ohio. Lam, Xu, Hsu, and Zou conspired to harbor and harbored at least 10 undocumented workers for the purpose of commercial advantage and private financial gain. The conspiracy included employing the undocumented workers at the Royal Buffet and Grill, where they worked for below minium wage or only for tips, according to the indictment.

The defendants also housed the undocumented worker at one of their residences on Annapolis Avenue in Akron and transporting them to and from the Royal Buffet and Grill as part of the conspiracy. At one time, Lam, Xu, Hsu, and Zou housed as many as 14 undocumented workers inside a single-family resident on Annapolis Avenue, according to the indictment.

Count 1 charges Lam, Xu, Hsu, and Zou with conspiracy to harbor illegal aliens, Count 2 charges Lam with harboring illegal aliens at her residence on Annapolis Avenue. Count 3 charges Xu with harboring illegal aliens at his residence on Annapolis Avenue. Count 4 charges Hsu and Xu with harboring illegal aliens by permitting them to be transported to and from their work at the Royal Buffet and Grill in their 2006 Dodge Caravan.

The case is being prosecuted by Assistant U.S. Attorney Teresa Riley following an investigation by the U.S. Department of Homeland Security Investigations in Cleveland.

If convicted, their sentence will be determined by the court after review of factors unique to this case, including prior criminal records, if any, their role in the offenses and the unique characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.            

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

A federal grand jury today returned an indictment in U.S. District Court charging Jack Lori Reppart, 46, of Southington, Ohio, with theft of public money and aggravated identity theft, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Reppart, a former recruiting assistant with the Ohio Army National Guard based in Springfield, Ohio, is alleged to have used the means of identification of six individuals to steal approximately $14,000 from the Department of Defense between 2006 and 2011, according to the indictment.

The U.S. Army Criminal Investigation Command conducted the investigation. The case is being prosecuted by Assistant United States Attorney Justin Seabury Gould.

If convicted, the defendant’s sentence will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

 

A grand jury returned a four-count superseding indictment charging Jordon Louis Dongarra, 33, of Ashland, Ohio, with two counts of bank robbery and two counts of brandishing a firearm during and in relation to a crime of violence, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The superseding indictment filed today alleges that Dongarra robbed the First Merit Bank, located at 1277 Ashland Road, in Mansfield, Ohio, on December 18, 2014; and the Fifth Third Bank, located at 28880 Lorain Road, in North Olmsted, Ohio, on December 30, 2014.  Both banks are federally insured financial institutions.   An indictment alleging Dongarra robbed the North Olmsted Fifth Third Bank was originally returned on February 25, 2015.

If convicted, the defendant’s sentence will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The case is being prosecuted by Assistant U.S. Attorneys Justin Seabury Gould and Miranda E. Dugi, and was investigated by the Federal Bureau of Investigation, the Richland County Sheriff’s Office, and the North Olmsted Police Department.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

The Department of Justice and the Environmental Protection Agency (EPA) announced a settlement with Marathon Petroleum Corporation today that resolves various alleged Clean Air Act violations at ten Marathon facilities and requires Marathon to take steps to reduce harmful air pollution emissions at facilities in three states.  The Department of Justice and EPA allege that Marathon failed to comply with certain Clean Air Act fuel quality emissions standards and recordkeeping, sampling and testing requirements.  These violations may have resulted in excess emissions of air pollutants from motor vehicles, which can pose threats to public health and the environment.  Marathon self-reported many of these issues to EPA.

Under a consent decree lodged in U.S. District Court for the Northern District of Ohio, Marathon will spend over $2.8 million on pollution controls to reduce emissions of volatile organic compounds on 14 fuel storage tanks at its distribution terminals in Indiana, Kentucky and Ohio.

Marathon will also pay a $2.9 million civil penalty and retire 5.5 billion sulfur credits, which have a current market value of $200,000.  Sulfur credits are generated when a refiner produces gasoline that contains less sulfur than the federal sulfur standard.  These credits can be sold to other refiners that may be unable to meet the standard.

“The changes required by this settlement will positively impact air quality in communities across the Midwest,” said Assistant Attorney General John C. Cruden for the Justice Department’s Environment and Natural Resources Division.  “All Americans deserve to enjoy the benefits of clean air, land, and water.  These benefits spring from our nation’s bedrock environmental laws and we will use them vigorously in the pursuit of environmental justice.”

“Fuel standards established under the Clean Air Act play a major role in controlling harmful air pollution from vehicles and engines,” said Assistant Administrator Cynthia Giles for EPA’s Office of Enforcement and Compliance Assurance.  “If unchecked, these pollutants can seriously impair the air we breathe, especially during summer months when they can reach higher levels.  This settlement incorporates innovative pollution control solutions to reduce air pollution in overburdened communities.

“This agreement will help reduce air pollution emissions in Ohio and elsewhere,” said U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio.  “We’re pleased this settlement will protect the air we breathe while promoting the use of next-generation technology.”

In their complaint, The Justice Department and EPA allege that Marathon:

• Produced about 356 million gallons of reformulated gasoline at its Texas City, Texas, refinery during 2007 that did not meet Clean Air Act standards for reducing volatile organic compounds.  Volatile organic compounds are one of the primary constituents of smog and react in sunlight to form ground-level ozone.  Breathing ozone can trigger a variety of health problems including chest pain, coughing, throat irritation and congestion and can worsen bronchitis, emphysema and asthma.  Children, the elderly and people who have lung diseases such as asthma are particularly prone to these problems.
• Produced more than 40 million gallons of gasoline at the Texas City, Texas, refinery in 2009 that exceeded standards for sulfur levels.  The goal of the Clean Air Act program that regulates sulfur in gasoline is to minimize emissions from vehicles and to ensure emissions control systems function effectively.
• Sold about 12 million gallons of gasoline that contained elevated levels of ethanol.  Excess ethanol in gasoline can harm emission control components on some vehicles and engines.
• Sold about 1 million gallons of gasoline at its Tampa, Florida, terminal in 2013 that exceeded standards for volatility, known as the Reid Vapor Pressure, that help control ground level ozone during summer months.  Gasoline with higher volatility results in increased emissions of volatile organic compounds, which contribute to the formation of ground level ozone.
• Failed to comply with numerous sampling, testing, recordkeeping and reporting requirements for fuel production.  EPA discovered these violations during inspections of Marathon refineries and laboratories in 2008 and 2009.  The sampling, testing, recordkeeping and reporting requirements of the fuels program provide the foundation for EPA’s compliance program.

Marathon will also install geodesic domes, fixed roofs, or secondary rim seals and deck fittings on 14 fuel storage tanks at several of its fuel distribution terminals in order to reduce emissions of volatile organic compounds.  Marathon is also required to use innovative pollutant detection technology during the implementation of the environmental mitigation projects.  Marathon will use an infrared gas-imaging camera to inspect the fuel storage tanks in order to identify potential defects that may cause excessive emissions.  If defects are found, Marathon will conduct up-close inspections and perform repairs where necessary.

EPA’s Next Generation Compliance Strategy promotes advanced emissions and pollutant detection technology so that regulated entities, the government and the public can more easily see pollutant discharges, environmental conditions and noncompliance.  Many of the facilities where the pollution controls will be installed are located in areas that may present environmental justice concerns.

More information about EPA’s Next Generation Compliance Strategy is available at: http://www2.epa.gov/compliance/next-generation-compliance.

The proposed consent decree is subject to a 30 day public comment period and is available on EPA’s website at http://www.justice.gov/enrd/consent-decrees.

A former employee at Parma Public Housing Agency was charged with stealing more than $232,000 from the agency, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

Amy Belz, 34, of Brunswick, Ohio, was charged with one count of theft of government funds via criminal information.

“This defendant is accused of stealing hundreds of thousands of dollars that was meant to be used to help people obtain housing,” Dettelbach said. “Public employees who steal from taxpayers will be held accountable for their actions.”      

The information charges that between 2008 and 2014, while Belz was program manager of the Parma Public Housing Agency, she stole $232,407.48 by writing 138 checks to herself, money which was provided to Parma from the U.S. Department of Housing and Urban Development.

In order to conceal her theft of funds from Parma Public Housing Agency and HUD, Belz made the checks out to herself, but typed vendor names on the carbon copies in the Parma Public Housing Agency check registers.  Belz then created false invoices from these legitimate Parma Public Housing Agency vendors, attached them to the false carbon copies, and placed them in the Parma Public Housing Agency files to make it appear that the vendor was paid for work, knowing that such was never actually ordered or completed, according to the information.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to the case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The case is being prosecuted by Assistant United States Attorney Adam Hollingsworth after an investigation by the U.S. Department of Housing and Urban Development Office of the Inspector General and the Parma Police Department.

An information is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

 

A contractor for the U.S. Postal Service’s Vehicle Maintenance Facility in Cleveland was charged with bribing a public official, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Monica Weyler, Special Agent in Charge of the U.S. Postal Service’s Office of Inspector General Eastern Area Field Office.

Andrew Maloney, Jr., 37, of Bedford Heights, was charged by criminal information with a single count of bribery of a public official.

The information charges that Maloney received a contract for vehicle maintenance and repair with the Postal Service Vehicle Maintenance Facility at 1801 Broadway Avenue in Cleveland.  The information alleges that the Facility’s manager, Kevin R. Hood, used his position to extort cash bribes and vehicle repair services from Maloney in exchange for work under the contract.  According to the information, Maloney made cash payments and provided free services to Hood between May 2011 and December 2013 to secure and maintain the contract.

A charge is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.  If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant U.S. Attorneys Antoinette T. Bacon and Miranda E. Dugi following an investigation by special agents of the U.S. Postal Service’s Office of Inspector General.

An indictment was filed charging Terry Joe Higdon, 47, of McGuffy, Ohio, with failing to register under the Sex Offender Registration and Notification Act, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, and the defendant’s role in the offense and the characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

The investigating agency in this case is the U.S. Marshal Service.  The case is being handled by Assistant United States Attorney Tracey Ballard Tangeman.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

An Indiana couple was indicted for transporting a minor over state lines to engage in illicit sexual conduct, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

Nicholas Lawler, 25, and Brittany Lawler, 23, both of Anderson, Indiana, were indicted on one count of transportation of a minor and one count of coercion and enticement of a minor to engage in unlawful sexual activity between January 1, 2015 and April 3, 2015.

If convicted, the defendants sentences will be determined by the Court after reviewing factors unique to this case, including each defendant’s prior criminal record, if any, and each defendant’s role in the offense and the characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case was investigated by the Ohio Bureau of Criminal Identification and Investigation, the Tiffin Police Department and the Anderson (Indiana) Police Department. The case is being prosecuted by Assistant U.S. Attorney Tracey Ballard Tangeman.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A federal grand jury returned a federal indictment charging Drew D. Manns, 31, of Elyria, with using the United States Postal Service to make threats with a white powdery substance, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

Manns sent Summit County Clerks and Prosecutor’s Office letters including a white powdery substance, and identified the substance as anthrax in the body of the accompanying letters, according to the indictment.

The Summit County Prosecutor’s Office conducted the investigation.  The case is being prosecuted by Assistant United States Attorney Marisa T. Darden.       

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial, in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

 

 

A three-count indictment was filed charging three Toledo men with crimes related to counterfeiting, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Lafoe D. White, 23; Myron A.L. Haskins, 26; and Raymond C. Armstrong, 56, were indicted on charges of conspiracy, counterfeiting obligations or securities of the United States, and uttering counterfeit obligations or securities of the United States.

Count 1 of the indictment alleges that in January 2015, White, Haskins and Armstrong conspired to manufacture and possess counterfeit Federal Reserve Notes and then attempt to pass the counterfeit notes at retail establishments.

On or about January 22, 2015, Myron A.L. Haskins possessed an inkjet printer, linen paper and counterfeit $5, $10, and $20 Federal Reserve Notes. On or about January 22, 2015, Lafoe D. White gave counterfeit $10 Federal Reserve Notes to Raymond C. Armstrong. On or about January 22, 2015, Raymond C. Armstrong attempted to pass counterfeit $10 Federal Reserve Notes at a retail store in Boardman, Ohio, according to the indictment.

Count 2 of the indictment alleges that on or about January 22, 2015, White and Haskins did counterfeit, falsely make and forge counterfeited $5, $10, and $20 Federal Reserve Notes.

Count 3 of the indictment alleges that on or about January 22, 2015 White, Haskins and Armstrong attempted to pass counterfeited obligations at a Wal-Mart in Boardman, Ohio.

If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including a defendant’s prior criminal record, if any, a defendant’s role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the United States Secret Service and the Boardman Police Department.   The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A 32-count federal indictment was filed charging three Cleveland women for their roles in a $165,000 conspiracy to pass fraudulent checks and then withdrew the money, sometimes at a Cleveland casino, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.

Devinne P. Hollie, 29, Sade Philpott, 29, and Shanita Hollie, 28, are each charged with one count of conspiracy to commit bank fraud and multiple counts of bank fraud.

The Hollies and Philpott, acting with co-conspirators not yet charged, engaged in a check-kiting scheme in which they fraudulently obtained funds from financial institutions by depositing multiple counterfeit and forged checks into co-conspirators’ bank accounts, according to the indictment.

They then withdrew the proceeds from those accounts at ATMs, through debit card purchases, and by making withdrawals at a local casino, according to the indictment.

“This group passed bad checks and stole from banks,” Dettelbach said. “They may be trading their time at a glitzy casino for the comforts of a federal prison.”

“These women believed they had found a shortcut to put money in their pockets and now they will have to pay for their criminal behavior,” Anthony said. “The FBI will continue this investigation in order to bring all individuals involved in this group to justice.”

In most instances, the Hollies and Philpott found a co-conspirator who was willing and able to open a checking account at a bank.  Once these co-conspirators obtained debit cards and PINs for the accounts, they passed these items on to the defendants, who then deposited forged and counterfeit checks into the bank accounts.  These deposits typically occurred late at night or in the early morning hours, when the banks were closed and could not detect that the checks were counterfeit and forged, according to the indictment.

The defendants and co-conspirators would then often meet at the Horseshoe Casino in downtown Cleveland, where the co-conspirators would use Total Rewards Cards from the casino linked to their bank accounts to make large scale cash withdrawals from the casino’s cage, according to the indictment.

The Hollies, Philpott and their co-conspirators made deposits of counterfeit and forged checks on approximately 31 different occasions.  The false and fraudulent deposits totaled approximately $165,000, and the banks lost approximately of $120,000.

If convicted, the defendants’ sentences will be determined by the court after review of the factors unique to this case, including the defendants’ prior criminal records, the defendants’ roles in the offense and the characteristics of the criminal conduct.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant U.S. Attorneys Om Kakani and Carmen Brown, following an investigation by the Federal Bureau of Investigation, with assistance from the Ohio Casino Control Commission.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove the defendant guilty beyond a reasonable doubt.

 

 

 

Ross J. Cozens, 68, of Strongsville, was charged with receiving and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

The Indictment charges that from on or about September 22, 2007, through on or about June 16, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Cozens knowingly received, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce.  The indictment also charges that on December 16, 2014, Cozens possessed a computer, an external hard drive and a USB storage device, each that contained child pornography.

If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan.  The case was investigated by the United States Postal Inspection Service.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Lucas J. Ippolito, 41, of Leetonia, Ohio, was charged with transportation of a minor to engage in illegal sex, sexual exploitation of a child  and receipt, distribution and possession of sexually exploitive visual depictions of minors, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

The indictment charges that on or about January 23, 2015, Ippolito knowingly transported an individual who had not attained the age of 18 years, that is a 15-year-old girl, in interstate commerce from Pennsylvania to Ohio, with the intent that such 15-year-old girl engage in sexual activity for which Ippolito could be charged with a criminal offense.

The indictment also charges that on or about on or about February 14, 2015, March 14, 2015 and April 3, 2015, Ippolito knowingly transported an individual who had not attained the age of 18 years, that is a 13-year-old girl, in interstate commerce from  Pennsylvania to Ohio, with the intent that such 13-year-old girl engage in sexual activity for which he could be charged with a criminal offense.

The indictment also charges that between December 3, 2014 and March 9, 2015, Ippolito persuaded, induced, enticed and coerced the two minors to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.

The indictment also charges that from on or about January 6, 2015, through on or about April 7, 2015, Ippolito knowingly received and distributed, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct.

Lastly, the indictment charges that on or about March 30, 2015, Ippolito knowingly possessed three computers and a cellular phone, each containing child pornography, and at least one image involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age.

If convicted, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan.  The case was investigated by the Ohio Bureau of Criminal Investigation and the Youngstown office of the Federal Bureau of Investigation.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Former Army National Guard soldier Ryan Patrick Breiding, 29, of Akron, has pleaded guilty to theft of public money, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

The theft of Department of Defense funds, which occurred between 2008 and 2010, totaled approximately $27,000.

The Army National Guard established the Guard Recruiting Assistance Program (G-RAP) to aid in its recruiting efforts. G-RAP was designed to offer monetary recruiting incentives to part-time soldiers to identify and encourage individuals to serve in the Army National Guard and other military branches, according to court documents.

Breiding fraudulently submitted 14 potential soldiers through his online G-RAP account from July 2006 to November 2010.  None of the 14 potential soldiers provided his or her information to Breiding. Breiding submitted fabricated details of his relationship with these potential soldiers in order to receive recruiting incentives to which he was not entitled. Breiding received $27,000 belonging to the United States to which he was not entitled because of the inappropriately procured personal information and fabricated relationship details he provided, according to court documents.

The U.S. Army Criminal Investigation Command conducted the investigation.  The case is being prosecuted by Assistant United States Attorney Justin Seabury Gould.

Breiding will be sentenced on July 8, 2015, at 11:30 a.m., before United States District Judge Patricia A. Gaughan.  His sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

A federal grand jury returned a one-count indictment charging Albert Hewins, 30, an inmate in FCI Elkton, with possessing contraband in prison, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

The indictment alleges that on or about May 23, 2014, Hewins, an inmate in FCI Elkton, Elkton, Ohio, possessed prohibited objects - five suboxone strips containing buprenorphine, a Schedule III narcotic drug.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Federal Bureau of Prisons.   The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A federal grand jury indicted Carolyn Freeman, 61, of Cleveland for theft of government funds, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

The indictment alleges that Freeman fraudulently cashed Social Security widow’s benefits checks from November 1989 until April 2014, taking a total of $338,504 in benefits to which she was not entitled.

The Social Security Administration Office of Inspector General conducted the investigation.  The case is being prosecuted by Special Assistant United States Attorney Lisa J. Sanniti and Assistant United States Attorney M. Kendra Klump.

If convicted, the Court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation.  In all cases, the sentence will not exceed the statutory maximum.  In most cases, it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.

 

Nine men from northwest Ohio were sentenced to prison for their roles in a conspiracy to transport nearly $2.3 million worth of semi-trucks, trailers and cargo stolen in Ohio, Michigan and Indiana, law enforcement officials said.

Sentenced this week were:

Michael Wymer, 56, of Toledo: 27 years in prison.

Robert W. Debolt, Jr., 50, of Toledo: 10 years in prison.

Gary J. Wymer, Sr., 61, of Rossford, Ohio: five years in prison.

John Debolt, 45: five years in prison.

Earl Beebe, 39: five years in prison.

Terrance Wymer, 30, of Toledo: five years in prison.

Gary Wymer, Jr, 29: four years in prison.

Terry Wymer, 52, of Toledo: three years, six months in prison.

Joe McKinney, 77: one year, eight months in prison.

“This was a highly organized group that stole from people throughout the Midwest,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.  “The scale of their predatory behavior is reflected in the sentences. The FBI, Ohio State Patrol and all the law enforcement partners involved in this investigation did a tremendous job shutting down this ring.”

“These defendants operated a truck and cargo-theft ring, stealing from Ohio, Michigan and Indiana, which resulted in a multi-million dollar losses,” said Stephen D. Anthony, Special Agent in Charge of the FBI’s Northern District of Ohio. “This case was a true collaborative effort by all participating agencies, and we are committed to holding accountable those individuals who engage in this organized criminal activity.”

U.S. District Judge James Carr also ordered the defendants to pay nearly $2.3 million in restitution.

Overall, 13 people pleaded guilty for their roles in the conspiracy.Greg Rose, Diana Vannes and Shawn Wymer are scheduled to be sentenced later this month for their roles, and Anthony Wymer is scheduled to be sentenced June 1.        

From at least August 2012 through February 2013, the defendants operated a chop shop located at 642 Sterling Street in Toledo, while Gary Wymer and others operated another chop shop at 2322 Consual Street in Toledo, according to court documents.

The defendants dismantled stolen semi-trucks, trailers and cargo, transport the pieces and parts of said stolen items between the two chop shops and the ultimately destroy or scrap the stolen goods. They also received stolen motor vehicles and parts with the intent to sell or dispose of them, according to court documents.

This case was prosecuted by Assistant U.S Attorney Alissa Sterling following an investigation by the Federal Bureau of Investigation, with assistance from the Ohio State Highway Patrol and the Ohio Bureau of Motor Vehicles.

A Uniontown man was sentenced to nearly three years in prison for his role in a conspiracy to hire undocumented workers at a chain of restaurants in Stark and Summit counties and pay them less than minimum wage and sometimes only in tips, said Steven M. Dettelbach, United States Attorney for the Northern District.

Miguel Castro, 44, was sentenced to 33 months in prison by U.S. District Judge Sara Lioi. Castro owned the “Mariachi Locos” and “Mariachi Cocos” chain of restaurants with locations in Akron, Stow, Tallmadge and North Canton. He previuosly pled guilty to one count of mail fraud and one count of conspiracy to harbor aliens.

Castro was also ordered to forfeit $100,000 and pay $7,792 in restitution.

His wife, Monica Castro, 44, was sentenced to three months of incarceration and five months of home detention after previously pleading guilty to related crimes.

“These restaurant owners took advantage of their workers’ immigration status for their own profit,” Dettelbach said. "They ignored the laws and regulations, and now must be held accountable for their actions."

The Castros owned the restaurants since 2002. They defendants engaged in the practice of hiring undocumented workers who were illegally present in the United States and conspired to shield these workers from detection by paying them in cash, excluding them from payrolls, leasing housing for the workers and aiding the workers in obtaining fraudulent work documentation, according to court documents.

They also used the U.S. mail to submit false wage reports to the state of Ohio. The defendants’ employment practices enabled them to enrich themselves because they paid the undocumented workers less than minimum wage and did not pay these workers for overtime hours worked. In some cases, the defendants paid these workers only the tips that the workers received from their customers, according to court documents.

The case is being prosecuted by Assistant U.S. Attorney Phillip J. Tripi, following a joint investigation by agents of Department of Homeland Security and the Department of Labor -- Office of Inspector General.

Steven M. Dettelbach, U.S Attorney for the Northern District of Ohio, is one of six new members appointed to the Attorney General's Advisory Committee, Attorney General Loretta E. Lynch this week. Besides Dettelbach, the following appointments became effective April 29, 2015:

• U.S. Attorney Deirdre Daly for the District of Connecticut;
• U.S. Attorney Conner Eldridge for the Western District of Arkansas;
• U.S. Attorney Paul Fishman for the District of New Jersey;
• U.S. Attorney Booth Goodwin II for the Southern District of West Virginia; and
• U.S. Attorney Kenneth Polite for the Eastern District of Louisiana.

“The distinguished women and men who serve on the Attorney General’s Advisory Committee provide invaluable advice and wise counsel that help shape the Justice Department’s approach to combating crime, violence, and injustice in every community across the country,” said Attorney General Lynch.  “They help introduce new ideas, formulate innovative policies, and design fresh strategies.  They foster collaboration across our U.S. Attorney’s Offices and with Main Justice.  And, in all of their work, they seek to strengthen and improve law enforcement efforts at every level.  As a former chair of the AGAC, I am proud to welcome six outstanding new members to the Committee, and I look forward to all that we will achieve, with their help, in the days ahead.”

Dettelbach and Fishman are the only U.S. Attorneys to have served on the Advisory Council for both Attorney General Lynch and former Attorney General Eric Holder.

"I am deeply honored to be appointed to Attorney General Lynch's Advisory Committee," Dettelbach said. "The Department of Justice has many proud traditions, but making sure that leading law enforcement people not just from inside the Beltway, but from across the nation have a significant role in guiding policy is one of its proudest. Working side by side with them is a rare opportunity."

Attorney General Lynch also thanked U.S. Attorney Ronald Sharpe for the District of the Virgin Islands for serving on the Attorney General’s Advisory Committee for the past two years.

A brief bio on each new appointee is below:

Deirdre Daly was presidentially appointed and sworn in as the U.S. Attorney for the District of Connecticut on May 28, 2014.  Daly previously served as the U.S. Attorney in an acting or interim capacity since May 14, 2013.  Between July 2010 and May 2013, she was the First Assistant U.S. Attorney during which time she assisted in the oversight of both the Criminal and Civil Divisions.  From 1985 to 1997, Daly was an Assistant U.S. Attorney in the Southern District of New York, where she prosecuted a wide range of cases from racketeering and murder to corruption and fraud and later served as the Assistant-In-Charge of White Plains Office for three years.  After leaving the Justice Department, Daly was a partner at Daly & Pavlis LLC, a Connecticut law firm with a practice focused on corporate and commercial litigation, white-collar criminal investigations, SEC enforcement actions and corporate internal investigations and monitoring.

Steven Dettelbach was presidentially appointed and sworn in as the U.S. Attorney for the Northern District of Ohio in September 2009.  Dettelbach previously served for over 12 years as a career federal prosecutor.  During those years, he worked at the Department of Justice, Civil Rights Division, Criminal Section, U.S. Attorneys Offices in Maryland and Washington, D.C. and from 2003 to 2006 in the Northern District of Ohio, as a member of the Organized Crime and Corruption Strike Force.  Dettelbach also was detailed to serve as Counsel for the U.S. Senate Committee on the Judiciary from 2001 to 2003.  Formerly, Dettelbach was a partner at the law firm of Baker & Hostetler LLP.

Conner Eldridge was presidentially appointed and sworn in as the U.S. Attorney for the Western District of Arkansas on December 21, 2010.  Eldridge is the youngest U.S. Attorney in the country.  Eldridge serves as co-chair of the Domestic Terrorism Executive Committee, which is composed of twenty law enforcement agencies and Department of Justice components and works to increase collaboration in addressing the threat of Domestic Terrorism.  While serving as U.S. Attorney, Eldridge has tried five cases to jury verdict.  He previously served as a Deputy Prosecuting Attorney in Arkadelphia (Clark County), Arkansas, as Counsel and, later, Chief Executive Officer of Summit Bank, a community bank then serving central and southwest Arkansas, also in Arkadelphia, as a clerk to federal District Judge G. Thomas Eisele and as a legislative assistant to former U.S. Senator Blanche Lincoln and former U.S. Congressman Marion Berry, both of Arkansas.

Paul Fishman was presidentially appointed and sworn in as the U.S. Attorney for the District of New Jersey on October 14, 2009.  Fishman previously served as a member of the Attorney General's Advisory Committee of U.S. Attorney's (AGAC) from 2009-2013.  He served as Vice-Chair of the AGAC from 2009-2011 and Chair from 2011-2012.  After graduating from law school, he clerked for the Honorable Edward R. Becker of the U.S. Court of Appeals for the Third Circuit.  He was an Assistant U.S. Attorney from 1983 to 1994.  From 1994 to 1997, he was a senior adviser to the Attorney General and Deputy Attorney General of the U.S. on a variety of law enforcement, policy, legislative, national security and international matters, as well as on specific investigations and prosecutions.  In addition to his public service, from 1998 - 2009 Fishman was a partner in the law firm of Friedman Kaplan Seiler & Adelman.

Booth Goodwin II was presidentially appointed and sworn in as U.S. Attorney for the Southern District of West Virginia on May 27, 2010.  From January 2001 until he was sworn in as U.S. Attorney, Goodwin was an Assistant U.S. Attorney for the Southern District of West Virginia.  Prior to that, Goodwin practiced for five years with the Charleston law firm of Goodwin & Goodwin, LLP where he engaged in commercial and personal injury litigation, closed multi-million dollar bond transactions, filed reports with the U.S. Securities and Exchange Commission and handled numerous commercial and residential real estate transactions.   

Kenneth Polite was presidentially appointed and sworn in as U.S. Attorney for the Eastern District of Louisiana on September 20, 2013. Polite currently serves as a member of the AGAC's Violent and Organized Crime Subcommittee and Smart on Crime Working Group. Prior to becoming U.S. Attorney, Polite was a shareholder at Liskow & Lewis, where he headed the white collar criminal defense group and served as the Firm's hiring partner.  From 2007 to 2010, Polite served as an Assistant U.S. Attorney for the Southern District of New York.  There, he prosecuted a wide range of federal criminal offenses, including organized crime, public corruption, narcotics and firearms trafficking, money laundering and identity theft.  Polite was an associate at Skadden, Arps, Slate, Meagher & Flom LLP, first in the Delaware office's corporate litigation practice from 2000 to 2001, and later, in the New York office's white collar criminal defense group from 2002 to 2006.

The Attorney General’s Advisory Committee will now include the following individuals:

• U.S. Attorney John F. Walsh for District of Colorado, Chair;

• U.S. Attorney Richard S. Hartunian for the Northern District of New York, Vice Chair;

• U.S. Attorney Michael W. Cotter for the District of Montana;

• U.S. Attorney Deirdre Daly for the District of Connecticut;

• U.S. Attorney Thomas E. Delahanty, II for the District of Maine;

• U.S. Attorney Steven M. Dettelbach for the Northern District of Ohio;

• U.S. Attorney Conner Eldridge for the Western District of Arkansas;

• U.S. Attorney Zachary T. Fardon for the Northern District of Illinois;

• U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida;

• U.S. Attorney Paul J. Fishman for the District of New Jersey;

• U.S. Attorney R. Booth Goodwin II for the Southern District of West Virginia;

• U.S. Attorney Barry R. Grissom for the District of Kansas;

• U.S. Attorney Kerry B. Harvey for the Eastern District of Kentucky;

• U.S. Attorney Barbara L. McQuade for the Eastern District of Michigan;

• U.S. Attorney Zane D. Memeger for the Eastern District of Pennsylvania;

• U.S. Attorney Wendy J. Olson for the District of Idaho;

• U.S. Attorney Kenneth A. Polite for the Eastern District of Louisiana;

• U.S. Attorney Vincent Cohen, Jr. for the District of Columbia, ex officio;

• Criminal Chief Thomas Eicher for District of New Jersey, ex officio;

• Appellate Chief Sandra Glover for District of Connecticut, ex officio; and

• Civil Chief Thomas Walsh for the Northern District of Illinois, ex officio.

The AGAC was created in 1973 to serve as the voice of the U.S. Attorneys and to advise the attorney general on policy, management and operational issues impacting the offices of the U.S. Attorneys.

A Summit County man who worked at a homeless shelter for youths in Honduras was arrested and charged in federal court with engaging in sex with minor victims.

Corey Bryant, 25, of Norton, was arrested Wednesday afternoon following a search of his residence. Bryant charged in U.S. District Court with travelling to a foreign country to engage in illicit sexual conduct with minors.

Bryant, while working at a Honduran homeless agency as far back as 2011, engaged in sexual conduct with three minor victims -- including one as young as 9 years old, according to the criminal complaint.

Bryant was initially ordered held without bond and was ordered to appear at a subsequent bond hearing on May 4, 2015.

During the search of his residence, HSI special agents seized two thumb drives, two cell phones and a laptop computer. The devices will undergo computer forensic examination.

The federal charges are the product of an ongoing probe initiated after an anonymous tip was received December 2014 by U.S. Immigration and Customs Enforcement's (ICE) Tip Line website.

The investigation is being handled by ICE Homeland Security Investigations (HSI). HSI Transnational Criminal Investigative Unit, HSI Tegucigalpa, and the Norton Police Department assisted in the investigation.

The federal prosecution is being handled by Assistant U.S. Attorney Michael A. Sullivan.

A charges is only charge an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

This investigation was conducted under HSI's Operation Predator, an international initiative to protect children from sexual predators. Since the launch of Operation Predator in 2003, HSI has arrested more than 10,000 individuals for crimes against children, including the production and distribution of online child pornography, traveling overseas for sex with minors, and sex trafficking of children. In fiscal year 2014, more than 2,300 individuals were arrested by HSI special agents under this initiative and more than 1000 victims identified or rescued.

HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free Tip Line at 1-866-DHS-2-ICE or by completing its online tip form. Both are staffed around the clock by investigators. From outside the U.S. and Canada, callers should dial 802-872-6199. Hearing impaired users can call TTY 802-872-6196.Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-THE-LOST.

 

A 12-count federal indictment was filed charging a former Youngstown man with fraud related to the purchase of a dozen homes in Mahoning County, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Steven D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.

R. Allen Sinclair, 51, of Suwanee, Georgia, was indicted on 12 counts of financial institution fraud.

Sinclair was the owner and operator of Newport Investments, LLC and Newport Development, Inc. in Youngstown. He advertised that the company was in the business of buying, renovating and selling residential real estate properties, according to the indictment.

Sinclair, through his companies, solicited money from investors, promising them annual returns of about 10 percent and telling them their funds would be used for the acquisition and renovation of properties in Youngstown. Five investors invested a total of approximately $147,000, according to the indictment.

Sinclair knew that the properties needed little or no renovation. Instead, he converted the money for his personal use, according to the indictment.

Beginning in 2005, Sinclair acquired the 12 properties – in Youngstown, Canfield, Struthers and Austintown -- through land trusts he created for each property. Sinclair fraudulently misled the sellers into believing the land trusts had assumed the mortgage payments. After making minimal monthly payments, Sinclair then stopped paying the mortgages and did not notify the sellers, who were unaware they were still obligated to the loans, according to the indictment.

As a result, the properties went into foreclosure, causing substantial losses to the lenders and the federal agencies that insured them, according to the indictment.

This case is being prosecuted by Assistant U.S. Attorneys Robert J. Patton and Derek Kleinmann following an investigation by the Federal Bureau of Investigation, with assistance from the U.S. Department of Housing and Urban Development -- Office of Inspector General and the Ohio Attorney General's Office.

If convicted, the defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

James J. Paterson, 49, of Lorain, was charged with receiving and possessing visual depictions of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

The Indictment charges that from on or about September 10, 2010, through on or about November 17, 2014, in the Northern District of Ohio, Eastern Division, and elsewhere, Paterson knowingly received, using any means and facility of interstate and foreign commerce, numerous computer files, which files contained visual depictions of real minors engaged in sexually explicit conduct, and which files had been shipped and transported in and affecting interstate and foreign commerce.  The indictment also charges that on March 30, 2014, Paterson possessed two computers that contained child pornography.

If convcited, the sentence in this case will be determined by the court after consideration of the federal sentencing guidelines which depend upon a number of factors unique to each case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the unique characteristics of the violation.  In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan.  The case was investigated by the Elyria Office of the Federal Bureau of Investigation.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A federal grand jury returned a two-count indictment charging Tremaine D. Cowan, 24, of Cleveland, with possessing with intent to distribute crack cocaine and with being a felon in possession of firearms and ammunition, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio.

Count 1 of the indictment alleges that on or about February 22, 2015, Cowan possessed with intent to distribute less than 28 grams of crack cocaine.

Count 2 of the indictment alleges that on or about February 22, 2015, Cowan possessed a Smith & Wesson, model 642, .38 caliber revolver; a Beretta, model 950BS, .22 caliber semi-auto pistol; and ammunition, after having been convicted of felonious assault, escape and receiving stolen oroperty, all in the Cuyahoga County Common Pleas Court.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations.  In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wellsville Police Department.   The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.

An indictment is only a charge and is not evidence of guilt.  A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

A Toledo man was sentenced to 12 years in prison for receipt and distribution of child pornography and possession of child pornography, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

Jason H. Quinney, 40, was living in a YMCA shelter near two schools when he shared images of children engaged in sexually explicit conduct.

U.S. District Judge Jack Zouhary sentenced Quinney to 150 month in prison.

The investigating agency in this case is the United States Secret Service, Toledo, Ohio. The case is being handled by Assistant United States Attorney Michael J. Freeman.

A 24-count federal indictment was filed charging three Mexican nationals for conspiring to sell black tar heroin across Northern Ohio, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.

Victor Morales-Garcia, 38, of Columbus, Mario Perez Sanchez, age unknown, and Pedro Ortega-Gomez, 36, both of Madison, Ohio, are charged with conspiring to sell black tar heroin in Lake, Cuyahoga, Erie and Huron counties.

The men had a base of customers from Huron County who travelled on a daily basis to purchase the heroin. Most of these sales took place between the far west suburbs of Cuyahoga County to Painesville in Lake County, according to court documents.

This group utilized numerous men to act as couriers as deliver the heroin to customers. Many of these couriers were brought illegally to the United States from the Nayarit/Tepic area of Mexico to the Painesville area with the promise of working on a farm or in an automobile garage. Once in Ohio, these individuals became couriers for the drug trafficking group, according to court documents.

On April 6, law enforcement officials stopped a car being driven by Gomez and discovered a large bag of heroin, all individually packaged in small balloons. Subsequent searches led to the discovery of a .22-caliber revolver, numerous wire transfer receipts showing thousands of dollars being wired to Mexico, drug ledgers and cash, according to court documents.

“This is a drug trafficking group whose tentacles spread from Mexico to all over Northern Ohio,” Dettelbach spread. “They preyed on people for profit.”

“These three defendants operated a revolving door distribution center of black tar heroin,” Anthony said. “This is another great example of the tireless, collaborative efforts by the Northern Ohio Law Enforcement Task Force to take suppliers of dangerous narcotics off our streets. “ 

This case is the being prosecuted by Assistant U.S. Attorney Robert F. Corts following an investigation by the Northern Ohio Law Enforcement Task Force. The NOLETF is a task force comprised of investigators from the Federal Bureau of Investigation, Cleveland Division of Police, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Cuyahoga County Sheriff’s Office, Ohio Bureau of Criminal Investigation and the police departments of Cleveland Heights, Euclid, Lakewood, the Regional Transit Authority, Westlake and Shaker Heights. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area initiatives, which supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.

If convicted, the defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

 

A Sheffield Lake woman was sentenced to 12 ½ years in prison for producing and possessing images of minors engaged in sexually explicit conduct, said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office.

Megan A. Boyer, 24, was sentenced to 150 months in prison after previously pleading guilty to two counts.

From February 27, 2013, through on or about February 13, 2014, Boyer did use, persuade, induce, entice and coerce a two minors to engage in sexually explicit conduct, for the purpose of producing a visual depiction of such conduct and such visual depiction was produced or transmitted using materials that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer, according to court documents.

Boyer is further charged with possessing a Verizon HTC cell phone, a removable secure digital card (SD card), and several Polaroid photographs that contained child pornography on February 13, 2014, according to court documents.

This case is being prosecuted by Assistant United States Attorney Carol M. Skutnik. The case was investigated by the Federal Bureau of Investigation, Elyria Office.

Assistant U.S. Attorney Mark S. Bennett was honored this week for his work prosecuting mortgage-fraud cases by the United States Department of Housing and Urban Development – Office of Inspector General.

Bennett has prosecuted nearly 100 defendants involved in mortgage fraud. Northeast Ohio is recognized as one of the areas hardest hit by the mortgage-fraud crisis that swept the country in the early 2000s.

“Your efforts have truly made a difference to the public,” Nicholas Padilla, Jr., the deputy assistant Inspector General for HUD, said in presenting the award.

“Mark has been tenacious in seeking justice for the victims of mortgage fraud, and those who caused so much hardship in our city,” said U.S. Attorney Steven M. Dettelbach.

Among the cases Bennett has prosecuted:

United States v. Thomas France: France, of Strongsville, was sentenced to more than 10 years in prison and ordered to pay more than $3 million in restitution for fraud involving six properties in Medina. France was part of a group that sold the homes at fraudulently inflated purchase prices. All the homes eventually went into foreclosure, resulting in a loss of approximately $3.3 million.

United States v. Anthony Viola and Uri Gofman: Viola, a real estate company owner from Cleveland Heights, was sentenced to more than 12 years in prison and real estate owner Uri Gofman, of Beachwood, was sentenced to more than eight years in prison. A jury convicted Viola and Gofman of multiple counts related to the fraudlulent sale of 34 homes, resulting in a loss of more than $3 million.

United States v. Romero Minor, et. al: Minor, of Macon, Georgia, was sentenced to nearly six years in prison for fraud involving $7.5 million and 48 properties in Mahoning and Trumbull Counties. Minor recruited straw buyers to “purchase” properties in their names. Minor represented to the straw buyers that he needed individuals like them with good credit to apply for mortgage loans on properties in their names as a way of helping other individuals in the community with bad credit who could not purchase homes in their own names, He then conspired with others  to prepare and submit fraudulent mortgage loan applications to various mortgage lenders knowing that they contained false information. Minor received thousands of dollars at closing from the mortgage proceeds with the assistance of the title agents. Overall, nine people were convicted of crimes for their roles in the scheme.

Bennett, 45, joined the U.S. Attorney’s Office in 2007. He previously worked for the Ohio Attorney General. He is a graduate of Baldwin Wallace College and the Cleveland-Marshall College of Law and serves on the Legal Aid Society’s board.