District of South Carolina

Columbia, South Carolina --- United States Attorney Beth Drake announced that a press conference will be held on Wednesday April 25, 2018 at 3:30 P.M. at the U.S. Attorney’s Office, located at 1441 Main Street, Suite 500, Columbia, South Carolina 29201. 

Participating in the press conference will be members of the Federal Bureau of Investigation (FBI), the South Carolina Department of Corrections (SCDC), the South Carolina Law Enforcement Division (SLED), and the U.S. Attorney’s Office.

 

NOTE:  Press inquiries regarding logistics should be directed to Lance Crick, 864-282-2105.  All media must present government-issued photo ID (such as a driver’s license).  All media should be in place 15 minutes prior to start. Paid parking will be available behind the building.

 

#####

Columbia, South Carolina ---- United States Attorney Beth Drake announced today the winners of the United States Attorney’s Office 15th Annual Project Sentry Logo/Meme Contest.  The winners are from the following schools:

 K-2nd grade division winner: Samantha Bitts (Grade 2), Ocean Drive Elementary School, N. Myrtle Beach, SC

3rd-5th grade division winner: Ayden Downey (Grade 3), Ocean Drive Elementary School, N. Myrtle Beach, SC

6th-8th grade division winner: Alexia Hernandez (Grade 6), Fairfield Magnet School for Math and Science, Winnsboro, SC

9th-12th grade division: Nia Lott (Grade 11), Strom Thurmond High School, Johnston, SC

Overall winner: Alexia Hernandez (Grade 6), Fairfield Magnet School for Math and Science, Winnsboro, SC

Honorable mentions:

Nacyjai McKensey (Grade 6), St. James- Sumter Elementary and Middle School, McClellanville, SC

Emily Ulmer (Grade 7), Bamberg-Ehrhardt Middle School, Bamberg, SC

Samone Stevens (Grade 12), Strom Thurmond High School, Johnston, SC

Tamara Pendarvis (Grade 12), Garrett Academy of Technology, N. Charleston, SC

The winners were chosen from 104 entries from eight schools across South Carolina.  Each division winner will receive a $50.00 award, with the overall winner receiving an additional $50.00 award. The winners will receive their awards during upcoming school award ceremonies. All of the students who participated will receive a Certificate of Appreciation for logo/meme submissions.

The statewide contest fosters an opportunity for South Carolina students to tell the entire state how they prevent gun violence in their school and focuses on deterrence of juvenile gun violence and ensuring secure school environments.  The contest was open to students in all South Carolina schools.

The winning entries were selected by “The Insiders,” a select group of students from the South Carolina Department of Juvenile Justice, who travel throughout the state, encouraging troubled children and promoting community awareness of the prevalence and consequences of juvenile crime.  The U.S. Attorney's Office coordinated with the South Carolina Law Enforcement Officers’ Association Foundation (SCLEOA) to provide the cash awards to the winners.

Project Sentry, which is part of the district’s Project Safe Neighborhoods/Project CeaseFire program, is a vital step in strengthening our ability to prevent gun crimes among our young people and to ensure a safe learning atmosphere for our children.  For more information on the Project Sentry program and to view this year’s winning submissions (also attached) as well as winning logos over the years, visit http://www.justice.gov/usao/sc/programs/logowinners.html

U.S. Attorney Beth Drake commended the students and their engagement on helping foster this very important dialogue. "Thanks to all of the students who participated and congratulations to our winners! The students demonstrated some real wisdom we can all learn from."

#####

samantha_bitts_k-2_winner.pdf

ayden_downey_3-5_winner.pdf

nia_lott_9-12_winner.pdf

alexia_hernandez_overall_winner.pdf

Columbia, South Carolina--------United States Attorney Beth Drake announced today that Charles Rayford Hunt, Jr., age 40, of Myrtle Beach, South Carolina, was charged in a multi-count indictment with misprision of felony in connection with concealing the distribution of cocaine and heroin the use of which resulted in death, in violation of Title 18, United States Code, Section 4.  The indictment alleges that on or about January 30, 2017, Hunt disposed of the body of a victim of a drug overdose and did not as soon as possible make known the same to an appropriate authority. 

Hunt is additionally charged with aiding and abetting the possession of the drugs that led to the overdose.  Jose Anthony Ortiz, Jr., age 38, of Myrtle Beach, South Carolina, was also charged with misprision of felony for his role in destroying the personal effects of the overdose victim. 

The maximum penalty Hunt and Ortiz could receive for the currently pending charges is a fine of $250,000.00 and/or 3 years imprisonment.  The case is being investigated by the Federal Bureau of Investigation and is assigned to Assistant United States Attorney Everett McMillian of the Florence office for prosecution.  The investigation is ongoing.

The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

#####

Charleston, South Carolina ---- United States Attorney Beth Drake stated today that Delano McPherson, 29, from Charleston, South Carolina, was sentenced in federal court by United States District Court Judge Richard M. Gergel, who imposed the maximum possible sentence under federal law. McPherson was sentenced to 10 years in the federal penitentiary.  He was convicted of being a felon in possession of a firearm after pleading guilty on October 24, 2017. 

McPherson’s case illustrated the effectiveness of the surveillance cameras installed in the city’s high-crime and densely populated areas of Charleston, South Carolina.  These have been very beneficial in not only preventing crime but also helping to solve crimes after they happen.

Evidence presented during the sentencing hearing showed that on September 7, 2015, the CPD Camera Room Operator called dispatch to advise that he had seen an individual shooting a gun from the location of the intersection of America Street and South Street, about three blocks from East Bay Street. This happened around 11:15pm in the late evening.  From witnessing the incident on the surveillance camera, the operator was able to provide a description of the individual.  He also was able to fully describe the car (a silver Nissan Altima) and its license tag.  He informed dispatch that the shooter left the scene in the vehicle as a passenger, fleeing towards East Bay Street on South Street.  City of Charleston Police Department Officers responded immediately and spotted the car.  They made a felony stop at a gas station, two blocks from the scene of the shooting.  The driver was found to be Desmond Campbell.  In the rear passenger’s seat was the driver’s brother, Delano McPherson.  An officer looked in the back seat area and saw the grip and hammer of a revolver beneath the front passenger seat.   This was where McPherson had been sitting.  The officer retrieved the gun, which was a silver Smith and Wesson .357 magnum caliber revolver.  It had six spent shell casings.

The car was further searched.  The glove box held a Glock magazine, loaded, with 16 rounds of 9mm ammunition.  The car itself was damaged.  The officer observed a gouge in the roof of the vehicle, which was visible from the outside.

The video surveillance tapes were reviewed and showed the full sequence of events.  McPherson, the aggressor, got into a confrontation moments before the shooting, on America Street.

  

He walked away, and down South Street. 

 

About fifteen minutes later, he returned, carrying what appeared to be a silver revolver, in his right hand. 

 

 

He then turned away and walked down South Street.  An Altima pulled up and the driver, his brother, got out and walked away, down South Street.

The operator noticed that after the individual shot the gun, he walked west on South Street, while leaving the car running and the lights on. 

McPherson stood on the corner of America and South Street with the pistol in his hand.

 

After looking around, and using the Altima for cover, he walked up to the car and began shooting. 

 

 

He started to leave, again down South Street, and there was return fire.

 

He hid the gun on top of the wheel well of an adjunct car, then retrieved it and got into the passenger’s seat of the Altima.  His brother also returned and the two drove off. 

Police immediately responding to the 911 calls turned from America Street onto South Street.

The 911 calls were from neighborhood residents.  Rounds from the shooting penetrated several homes.

During the sentencing hearing, McPherson testified that he was trying to defend himself.  While being cross-examined by Assistant United States Attorney, Sean Kittrell, he admitted that he shot at a person during the course of the incident.  He also admitted to having sold drugs at the same corner that McPherson shot from, a crime of which he had previously been convicted.  In this case, Judge Gergel found that McPherson had used the firearm in an attempted murder and imposed the maximum sentence.

United States Attorney Drake recognized the work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, which investigated the case, “The U.S. Attorney’s Office and ATF are working with our state and local law enforcement partners to identify violent offenders who are tearing our communities apart. One of the quickest and most effective ways to reduce street violence is to take violent repeat felons who use guns off of the street using the federal law that prohibits a convicted felon from possessing a firearm. It’s all about protecting our communities.”

The resident agent in charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, praised the fast work of the City of Charleston Police Department and said that, “This investigation is another example of the outstanding partnership between ATF, the Charleston Police Department and the U.S. Attorney’s Office working collaboratively to target violent crime in the City of Charleston.”     

McPherson was convicted of violating the felon in possession of a firearm statute.  This is Title 18, United States Code, Section 922(g)(1).    

McPherson is prohibited under federal law from possessing firearms based upon his prior separate state conviction for distribution of crack cocaine (3 counts), possession of crack cocaine (two convictions), a federal conviction

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the City of Charleston Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Sean Kittrell and Special Assistant Solicitor Stephanie Linder, who is an Assistant Solicitor for the 9th Judicial Circuit, prosecuted the case for the government. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

 

            #####

Columbia, South Carolina –------- United States Attorney Beth Drake announced today that Kelly Sue Reynolds, age 52, of Mooresboro, North Carolina, has been sentenced to 24 months in federal prison for tax evasion.  Reynolds was sentenced by District Judge Timothy M. Cain in Anderson, South Carolina, who further ordered that upon her release from prison Reynolds is to serve a term of three years supervised release.  Additionally, she is to make restitution totaling $556,760.03.

Assistant United States Attorney David C. Stephens of Greenville prosecuted the case.  At the guilty plea he advised the court of the following facts.  Reynolds was the bookkeeper for a firm located in Cherokee County, South Carolina.  As part of her duties Reynolds paid bills for the firm, including the payment of various Federal Taxes.  In 2014 the Internal Revenue Service (IRS) did an audit of the firm that Reynolds worked for due to the fact that certain taxes had not been paid.  During the course of the audit Reynolds admitted that over a five year period she had embezzled $439,459.97 from her employer.  She further stated that she had covered up the embezzlement by falsifying the books, showing that she had paid bills which she had in fact not paid.  Included in the unpaid bills were the missing taxes which started the investigation.  It was further determined that Reynolds had not filed personal tax returns during those years that she was embezzling funds and that based on her salary and the money she stole she owed the IRS $117,300.06 in personal income taxes.  US Attorney Drake explained that income taxes are due both on illegally obtained funds as well as those legitimately earned.

U.S. Attorney Drake commended the IRS for their dedicated work on this and all of the cases they investigate in South Carolina each year.

#####

NOTE: U.S. Attorney PSA in English and Spanish (mp3 links at bottom of page)

WASHINGTON — Today, as the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.

“Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. “It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home.”

“All discrimination stains the very fabric of our nation, but HUD is especially focused on protecting the right of everyone to feel safe and secure in their homes, free from unwanted sexual harassment,” said Secretary Ben Carson. “No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve. I look forward to working with Attorney General Sessions and the Department of Justice as part of this task force to bring an end to this type of discrimination.”

In October 2017, the Justice Department announced an initiative to combat sexual harassment in housing and launched pilot programs in Washington, D.C. and the Western District of Virginia. The initiative sought to increase the Department’s efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. During the pilots, the Department developed and tested ways to better connect both with victims of sexual harassment in housing and with those organizations that victims may turn to first for help – including law enforcement, legal services providers, public housing authorities, sexual assault services providers, and shelters.  The Department also tested certain aspects of the initiative in other jurisdictions, including New Jersey, the Central District of California, Massachusetts, Vermont, and Michigan.

The two pilot programs generated an upswing in harassment reporting to the Department from both D.C. and the Western District of Virginia. In D.C., the Department generated six leads since the October 2017 launch. In Virginia, the Department generated three leads. While the Justice Department recognizes that leads and investigations do not always lead to enforcement actions, the pilot program’s results—when extrapolated across all the U.S. Attorney’s Offices across the country—could lead to hundreds of new reports of sexual harassment in housing across the country.

Because of these promising results, the Department is rolling out three major components to the Initiative.

First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.

Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s Offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.

Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s offices.  The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment.

More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to fairhousing@usdoj.gov, or contact HUD at 1-800-669-9777.  If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.

#####

United States Attorney Beth Drake stated today that a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:

Pelzer Man Indicted on Federal Gun and Drug Charges. Ronnie Beauford Eugene Gilmer, Jr., age 53, of Pelzer, South Carolina, was charged in a six-count indictment with possession of firearms and ammunition by a prohibited person previously convicted of a felony and a criminal domestic violence crime, a violation of Title 18, United States Code, Sections 922(g)(1) and (g)(9); possession of a firearm during a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A); and possession with the intent to distribute methamphetamine, a violation of Title 21, United States Code, Section 841(a)(1).  The maximum penalty Gilmer could face is a fine of $1,000,000.00 and/or life imprisonment.  The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.

Anderson Man Indicted on Federal Gun and Explosive Charges. Wesley Dallas Ayers, age 27, of Anderson, South Carolina, was charged in a twelve-count indictment with transportation of explosive materials with the intent to injure, in violation of Title 18, United States Code, Section 844(d); possession and use of destructive devices during the commission of a crime of violence, a violation of Title 18, United States Code, Sections 924(c)(1)(A)(i), 924(c)(1)(A)(ii), 924(c)(1)(A)(iii), 924(c)(1)(B)(ii), 924(c)(1)(C)(ii), and 924(c)(3)(A); use of a destructive device during the commission of a felony, a violation of Title 18, United States Code, Sections 844(h)(1) and (2); and possession of a firearm that was not registered to him in the NTRTF, a violation of Title 26, United States Code, Sections 5841, 5861(d), and 5871. The maximum penalty Ayers could face is a fine of $250,000.00 and/or life imprisonment. This case was investigated by agents of the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.

Rural Mail Carrier Indicted on Mail Theft.  Tony T. Maclin, age 44, of Greer, South Carolina, was charged in a seven-count indictment with theft of mail matter by officer or employee, a violation of Title 18, United States Code, Section 1709.  The maximum penalty Maclin could receive is a fine of $250,000 and/or five years imprisonment.  The case was investigated by agents of the United States Postal Service, Office of Inspector General, and is assigned to Assistant United States Attorney William J. Watkins, Jr. of the Greenville office for prosecution.

The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

 

#####

Charleston, South Carolina---- United States Attorney Beth Drake stated that Lecelle Montgomery, age 71, of Bluffton, was sentenced in federal court in Charleston for one count of Bank Fraud, in violation of 18 U.S.C. § 1344(2).  United States District Judge Richard Gergel, of Charleston, sentenced Montgomery to 60 months imprisonment followed by 5 years of supervised release and mandatory restitution. 

Evidence presented at the change of plea and sentencing hearing established that beginning in 2008 and continuing up to late 2012, Montgomery offered the victims her services as a financial adviser and purposely withheld the fact that she was disbarred by the Financial Industry Regulatory Authority (FINRA).  Ultimately, the victims sent Montgomery a combined total of $1,119,440.75 in order to be invested.  Instead, the evidence showed that Montgomery used the victims’ money for personal expenditures including gambling at various casinos. 

The case was investigated by the FBI.  Assistant United States Attorney Matt Austin of the Charleston office prosecuted the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Ashley E. Browning, age 31, of Union, pled guilty in federal court in Anderson, to preparing and presenting false tax returns, a violation of Title 26, United States Code, Section 7206(2).  United States District Judge Timothy M. Cain, of Anderson, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Browning prepared and filed, and assisted in preparing and filing of, multiple tax returns for customers in exchange for fees. Browning carried out this conduct from her home in Union County and also from the homes of her customers who resided in and around Union County.  Browning repeatedly falsified information in returns she prepared in order to generate fraudulent refunds.  For example, Browning repeatedly submitted false information about customers’ income, federal withholding, and educational expenses.  Because of this pattern of falsification, the Government issued approximately $200,000 more in refunds than it would have if accurate and honest information had been submitted by Browning. 

Ms. Drake stated the maximum penalty Browning can receive is a fine of $100,000 and/or imprisonment for 3 years, supervised release of one year, plus a special assessment of $100. 

The case was investigated by agents with the Internal Revenue Service and the Union City Police Department.  Assistant United States Attorney Bill Watkins of the Greenville office handled the case.

#####

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Zeferino Mendoza-Ojeda, age 42, of Pelion, South Carolina, was sentenced in federal court in Columbia, South Carolina, for Reentry of Removed Aliens, a violation of 8 U.S.C. § 1326.  United States District Judge Joseph F. Anderson, Jr., of Columbia, sentenced Mendoza-Ojeda to time served (approximately 9 months imprisonment) with no supervised release because he is expected to be deported upon completion of his sentence.

Evidence presented at the change of plea hearing established that Mendoza-Ojeda is a Mexican citizen who had previously been deported twice with the second deportation occurring after he was convicted for felony driving under the influence causing great bodily injury as a result of an accident. He was encountered by ICE – Enforcement and Removal Operations agents on July 8, 2017 at the Lexington County Detention Center after being arrested for traffic offenses.

Agents of ICE–Enforcement and Removal Operations investigated this case. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.  

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Bryshun Genard Furlow, age 34, of Lexington, plead guilty in federal court to possession with intent to distribute cocaine, methamphetamine, and a substance containing both methamphetamine and cocaine, as well as to being a felon in possession of firearms and ammunition, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 851 and Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). Senior United States District Judge Cameron McGowan Currie, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the United States Probation Office.

Evidence presented in court established that on November 3, 2016, the Lexington County Sheriff’s Department executed a state search warrant at Furlow’s Wessinger Street apartment after having made three separate controlled purchases of crack cocaine in September and October 2016 from Furlow at the apartment. During the search of the apartment, deputies recovered baggies of cocaine, methamphetamine, and tablets consisting of cocaine and methamphetamine. Deputies also recovered two digital scales, $5,422, a pyrex dish with cocaine residue, a .40 caliber handgun, a .38 caliber revolver, and various rounds of .40 caliber and .38 caliber ammunition.  Furlow, his girlfriend, and two children were at the apartment at the time of the search. After being advised of his rights, Furlow admitted to the drugs in the apartment.  

Furlow is prohibited under federal law from possessing firearms and ammunition based upon his prior Georgia state convictions for possession with intent to distribute cocaine (2003), possession with intent to distribute marijuana (2003), possession of cocaine (2008), aggravated stalking (2008), arson 1st degree (2 counts)(2008), terroristic threats (2008) and his prior South Carolina state conviction for distribution of crack cocaine (April 2016). 

Furlow faces a maximum of 30 years imprisonment, a fine of $2,000,000, and at least 6 years of supervised release on the drug charge. Additionally, Furlow faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of firearms and ammunition charge. However, if he is deemed an armed career criminal in light of his prior convictions, he would face a statutory mandatory minimum term of imprisonment of 15 years with a maximum of life, a fine of $250,000, and 5 years of supervised release on the firearms charge.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Lexington County Sheriff’s Department and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Teresa Yarborough-Walker, age 50, of Blythewood, pled guilty to Theft of Government Funds, a violation of Title 18, United States Code, § 641.  Judge Mary Geiger Lewis accepted the plea and will sentence Walker at a later date.  

Evidence presented at the hearing established that Walker was the human resources supervisor for Genesis Health Care, Inc.  Genesis is a non-profit health care center that offers medical services to poor, rural communities.  Genesis was funded by the Health Resources Service Administration, an agency within the US Department of Health and Human Services.  Many Genesis patients are on Medicare and Medicaid.

Walker embezzled from Genesis by creating fictitious employees and paying them a salary.  She then diverted those salaries to herself.  She modified the payroll software to prevent reports from going to management that would have revealed the scheme.

Walker stole approximately $416,257.00. 

The maximum penalty faced by Walker is imprisonment for ten years, with a potential fine up to $250,000.

The Federal Bureau of Investigation and Internal Revenue Service investigated the case.  Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.

#####

Columbia, South Carolina ----  United States Attorney Beth Drake stated that Gordon Bigelow, age 39, of York, South Carolina,  entered a guilty plea in federal court in Columbia, to distributing child pornography images that had traveled in interstate/foreign commerce by computer, a violation of 18 U.S.C. § 2252A.  United States District Judge Cameron McGowan Currie, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that ICE - Homeland Security Investigations agents investigated an individual in North Carolina who was trading child pornography on the internet and looking for “playmates“ with minor girls in North Carolina, Virginia, and South Carolina. An ICE - Homeland Security Investigations agent contacted the individual in North Carolina, posing as an individual offering a 13-year-old child as a “playmate.” The individual from North Carolina was arrested when he showed up for a meeting with the undercover agent. A search of the North Carolina’s individual’s electronic equipment revealed that Bigelow was one of the people with whom he had been trading child pornography. A search warrant was executed at Bigelow’s residence and child pornography was found as well as evidence that Bigelow was trading child pornography on the internet.

Ms. Drake stated the maximum penalty for distributing child pornography is imprisonment for not less than 5 nor more than 20 years plus Supervised Release for from 5 years to life and/or a fine of $250,000. The case was investigated by agents of the ICE - Homeland Security Investigations. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.

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

#####

Columbia, South Carolina ----  United States Attorney Beth Drake stated today that Marlin Russell Derk, age 46,  of Sumter, South Carolina, has entered a guilty plea in federal court in Columbia, to distributing child pornography images that had traveled in interstate/foreign commerce by computer, a violation of 18 U.S.C. § 2252A.  United States District Judge Mary Geiger Lewis, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that ICE - Homeland Security Investigations agents in Washington D.C. and Tampa were monitoring a chatroom hosting website for individuals posting child pornography when, on June 11, 2015,  Derk posted child pornography. Derk’s cell phone and computers were subsequently seized and it was determined that he had been uploading and downloading child pornography.   Ms. Drake stated the maximum penalty for distributing child pornography is imprisonment for not less than 5 nor more than 20 years plus Supervised Release for from 5 years to  life and/or a fine of $250,000.

The case was investigated by agents of the Federal Bureau of Investigation and ICE - Homeland Security Investigations. Assistant United States Attorney William E Day, II, of the Columbia office is prosecuting the case.

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

#####

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Aurelio Herrera-Mata,  age 35, of North Augusta, South Carolina was sentenced in federal court in Columbia, South Carolina, for Reentry of Removed Aliens, a violation of 8 U.S.C. § 1326.  United States District Judge J. Michelle Childs, of Columbia, sentenced Herrera to 10 months imprisonment with no supervised release because he is expected to be deported upon completion of his sentence.

Evidence presented at the change of plea hearing established that Herrera-Mata is a Mexican citizen who had previously been deported after being convicted for Hit and Run. He was encountered by ICE – Enforcement and Removal Operations agents on December 16, 2017 at the Aiken County Detention Center after being arrested for Trafficking Cocaine and Unlawful Carrying of a Pistol.

Agents of ICE – Enforcement and Removal Operations investigated this case. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.  

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Julio Domingo-Morales, age 42, of Guatemala, entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a).  United States District Judge Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Domingo-Morales was encountered by ICE – Enforcement and Removal Operations agents on January 10, 2018, at the Alvin S. Glenn Detention Center in Columbia after he was arrested for Driving Without a License. An investigation revealed that he is a citizen of Guatemala who had previously been deported two times pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.

The case was investigated by agents of the ICE – Enforcement and Removal Operations.  Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Julio Cesar Villareal-Garcia, age 42, of Mexico, has entered a guilty plea in federal court in Columbia, to  Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a).  United States District Judge  Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Villareal-Garcia was encountered by ICE – Enforcement and Removal Operations agents on November 27, 2017 at the Alvin S. Glenn Detention Center in Columbia after he was arrested for Driving Under the Influence. An investigation revealed that he is a citizen of Mexico who had previously been deported pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.

The case was investigated by agents of the ICE – Enforcement and Removal Operations.  Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Ulises Martinez-Garcia , age 28, of Mexico, has entered a guilty plea in federal court in Columbia, to  Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a).  United States District Judge Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Martinez-Garcia was encountered by ICE – Enforcement and Removal Operations agents on December 27, 2017 at the Alvin S. Glenn Detention Center in Columbia after he was arrested for Driving Under the Influence. An investigation revealed that he is a citizen of Mexico who had been deported four times pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.

The case was investigated by agents of the ICE – Enforcement and Removal Operations.  Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Eric Wilson, of Florence, South Carolina, entered a guilty plea in federal court in Columbia, to conspiracy to commit wire, mail, or bank fraud, a violation of 18 U.S.C. § 1349.  United States District Judge Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that the U.S. Secret Service began investigating Wilson when it received a tip that he was selling counterfeit checks in Florence. A confidential informant was used to purchase counterfeit checks from Wilson in 2013 and 2014. An examination of the checks revealed that they were connected to an ongoing investigation involving $20,000,000 in losses being investigated by the New York Field Office of the Secret Service since 2007. The counterfeit checks were mailed to Wilson and others throughout the United States then either spent or sold.

Ms. Drake stated the maximum penalty for conspiracy to commit mail, wire or financial fraud is imprisonment for up to thirty years, a one million dollar fine and five years’ supervised release.

The case was investigated by agents of the Florence Police Department and the United States Secret Service. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.

#####

Greenville, South Carolina ---- United States Attorney Beth Drake stated today that Leslie Earle Alverson, age 50, of Greer, South Carolina, was recently sentenced in federal court in Greenville, South Carolina, for Possession of Child Pornography involving Prepubescent Minors, a violation of 18 U.S.C. § 2252A(a)(5)(B).  United States District Judge Bruce Howe Hendricks sentenced Alverson to 120 months (10 years) and supervised release for life.

Evidence presented at the change of plea hearing established that between January 23, 2015 and February 24, 2015, Alverson spent substantial hours on a child pornography website. Law enforcement agents traced the activity to internet protocol (IP) addresses associated with Alverson. Agents executed a search warrant at Alverson’s residence and various computer hardware belonging to Alverson that contained thousands of images of child pornography. Alverson admitted that he possessed such child pornography. In total, law enforcement seized over 13,000 qualifying images. These images and videos included adults engaged in sexual acts with prepubescent minors as well as sadistic and masochistic conduct.

The case was investigated by agents of the Federal Bureau of Investigation. Assistant United States Attorney D. Josev Brewer of the Greenville office prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."            

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated that Shamari Delresse Jones, a/k/a “Amari,” age 33, of Columbia, plead guilty in federal court to being a felon in possession of firearms and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e). United States District Judge Mary Geiger Lewis, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the United States Probation Office.

Evidence presented in court established that on the evening of July 29, 2017, officers with the Columbia Police Department were on routine patrol on West Beltline Boulevard and observed Jones driving and knew that his driver’s license was under suspension. After confirming that Jones’ license was suspended and noticing that the license plate on the vehicle came back to a completely different vehicle, officers initiated a traffic stop. Jones, the driver, and the passenger both exited the vehicle and Jones was observed with a baggie in his hands. Jones fled on foot as the officers approached, but was apprehended and the baggie was found to contain rounds of .44 caliber ammunition. While the officers were pursuing Jones, the passenger left in the vehicle. Jones was arrested on state charges. The following day, the Lancaster County Sheriff’s Office  responded to Jones’ mother’s home in Heath Springs in reference to a shooting. No one was injured, but while at the home, a number of firearms and rounds of ammunition were recovered by law enforcement, including a Bushmaster .223 caliber rifle with an extended magazine and two 12 gauge shotguns. The investigation revealed that upon Jones’ arrest for being in possession of the ammunition, several other individuals moved the firearms from Jones’ Columbia home to his mother’s home in an effort to keep law enforcement from finding the firearms. The investigation also showed that in October 2015, Jones, a known gang member, had attended an offender notification meeting in which he, and others, were advised by law enforcement officials that should they be found in possession of firearms and ammunition, their case would be considered for federal prosecution in light of their extensive prior record.    

Jones is prohibited under federal law from possessing firearms and ammunition based upon his prior separate South Carolina state convictions for assault and battery of a high and aggravated nature (2004), distribution of crack cocaine (2009), possession of cocaine (2009), assault with intent to kill (2 counts)(2009), unlawful carrying of a firearm (2009), assault and battery of a high and aggravated nature (2006), possession of cocaine (2010), and possession with intent to distribute marijuana (2015).

Jones faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge. However, if he is deemed an armed career criminal in light of his prior convictions, he would face a statutory mandatory minimum term of imprisonment of 15 years with a maximum of life, a fine of $250,000, and 5 years of supervised release on the firearm charge.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Columbia Police Department, and the Lancaster County Sheriff’s Office and was prosecuted as part of Project CeaseFire, a joint federal, state and local initiative focused upon aggressively prosecuting firearm cases in an effort to reduce violent crime and make our neighborhoods safer. Project CeaseFire is South Carolina’s implementation of Project Safe Neighborhoods (PSN), a crime reduction strategy originally launched in 2001. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority and reinstituted PSN nationwide. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

#####

NOTE: The settlement agreement can be found here.

WASHINGTON – The Justice Department today reached a settlement agreement with the South Carolina Department of Corrections (SCDC), to ensure that inmates with hearing disabilities are provided effective communication and the opportunity to participate equally in SCDC’s services, programs, and activities.

The settlement agreement resolves complaints under the Americans with Disabilities Act (ADA) in which inmates with hearing disabilities alleged that SCDC failed to provide them with sign language interpreters and other auxiliary aids and services, and excluded their participation in vocational and religious programs because they are deaf. SCDC cooperated with the Department throughout the investigation.

Among the terms of the agreement, inmates with hearing disabilities will not be excluded from participating in SCDC’s programs including vocational and religious services.  The agreement also requires SCDC to provide services equal to those provided to inmates who are not deaf including auxiliary aides and services and qualified interpreters, in a timely manner, to ensure effective communication with the SCDC inmates with hearing disabilities. SCDC will also provide telecommunication services so that inmates with hearing disabilities may communicate with their families and attorneys the same as other inmates.

“SCDC cooperated fully with this investigation and has committed to ensuring effective communication and providing equal access to its programs and services for its inmates with hearing disabilities,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “We congratulate SCDC for recognizing its obligations and moving promptly to take this step.”

“Access to services and programming is not only a right under the ADA for the inmates who are deaf and hard of hearing, in this instance, these services will enable the inmates to improve their job skills and better ready themselves for a law-abiding life,” said U.S. Attorney Beth Drake. “That’s good corrections policy that benefits the whole state.”

This agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments.

For more information about the ADA, today’s agreement, individuals may access the ADA Web page at http://www.ada.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

# # #

United States Attorney Beth Drake stated today that a Federal Grand Jury in Florence, South Carolina, returned an Indictment against the following:

Loris Man Indicted on Federal Gun Charges and Hobbs Act Armed Robbery. Fuquan Thompson, age 50, of Loris, South Carolina, was charged in a three-count indictment with Hobbs Act Armed Robbery, a violation of Title 18, United States Code, Section 1951(a), possession of a firearm by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1), and possession of a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c)(1)(A). The maximum penalty Thompson could face is imprisonment of 27 years and a fine of $250,000.00.

This case was investigated by the Horry County Sheriff’s Department, Horry County Police Department, and the Bureau of Alcohol, Tobacco, Explosives, and Firearms and is being prosecuted by Assistant United States Attorney Alfred W. Bethea, Jr., of the Florence office.

Horry County Man Indicted for Illegal Re-entry into the United States After Deportation.   Cesar Omar Torres-Santiesteban of Horry County, South Carolina, was charged in a single-count indictment with illegal re-entry into the United States after deportation, a violation of Title 8, United States Code, Section 1326(a).  The maximum penalty Torres-Santiesteban could receive is two years imprisonment and a fine of $250,000.00. 

The case was investigated by ICE-Enforcement Removal Operations. The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.

Another Horry County Man Indicted for Illegal Re-entry into the United States After Deportation.   Rafael Altamirano-Ruiz of Horry County, South Carolina, was charged in a single-count indictment with illegal re-entry into the United States after deportation, a violation of Title 8, United States Code, Section 1326(a).  The maximum penalty Altamirano-Ruiz could receive is two years imprisonment and a fine of $250,000.00.

The case was investigated by ICE - Enforcement Removal Operations. The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.

Florence Woman Indicted for Embezzling Money from Social Security Administration.   Jacqueline Britt-Briggs of Florence, South Carolina, was charged in a single-count indictment with embezzling money from the Social Security Administration, a violation of Title 18, United States Code, Section 641.  The maximum penalty Britt-Briggs could receive is ten years imprisonment and a fine of $250,000.00. 

The case was investigated by the Office of Inspector General for the Social Security Administration. The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.

The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake announced today that the Dow Chemical Company has agreed to pay the United States $479,000 to settle allegations that Poly-Carb, Inc. – a former Dow subsidiary – violated the False Claims Act by submitting fraudulent materials certifications related to a federally-funded highway resurfacing project. 

In 2012, Poly-Carb, Inc. (then a subsidiary of Dow) was awarded a subcontract on a federally-funded project to apply a skid-resistant adhesive to several highways throughout South Carolina.  To ensure the materials conformed to contract specifications, the contract required Poly-Carb to collect samples, have them tested by an independent third party, and send certifications of the results to the South Carolina Department of Transportation (SCDOT).  Between 2012 and 2013, Poly-Carb submitted certifications to SCDOT, claiming another company had performed this third-party testing.  The settlement agreement resolves allegations made by the United States Department of Transportation (USDOT) and the United States Department of Justice that Poly-Carb falsified these certifications to make them appear to be from a third-party, in violation of the False Claims Act.

“This is another example of how rigorous enforcement of the False Claims Act helps protect the public’s interest and taxpayer dollars from waste, fraud, and abuse,” said U. S. Attorney Beth Drake.  “It also reflects our ongoing commitment to protect our state and federal transportation agencies and the vital infrastructure programs they provide.”

The False Claims Act is the government’s primary civil remedy to redress false claims for government funds and property under government programs and contracts relating to such varied areas as health care, defense and national security, food safety and inspection, federally insured loans and mortgages, highway funds, small business contracts, agricultural subsidies, disaster assistance, and import tariffs. 

“It is important to ensure that taxpayers get what they pay for so that the quality of products used in federally funded transportation projects is not compromised,” said Marlies T. Gonzalez, Regional Special Agent-in-Charge at the USDOT’s Office of Inspector General. “We will continue working with the USDOT, Federal Highway Administration, and our partners at the U.S. Department of Justice to promote the detection and prosecution of fraud schemes which erode public confidence in the integrity of our nation’s transportation system.”

This case was handled by Assistant United States Attorneys Brook Andrews and James Leventis.  The case was investigated by Special Agent Sara Oliver of the USDOT Office of Inspector General.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jaquan Latrel Samuel a/k/a “Trey,” a/k/a “Trap,” age 30, of Hartsville, SC, was sentenced in federal court in Florence, South Carolina, for Robbery of United States Government Property and Use of and Brandishing a Firearm During and in Furtherance of a Crime of Violence.  United States District Judge Bryan Harwell, of Florence, sentenced Samuel to 78 months in federal prison with 5 years of supervised release to follow along with $400.00 in restitution to be paid to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). 

The evidence presented at the guilty plea hearing established that on March 29, 2017, Jaquan Samuel robbed a person having lawful charge, custody, and control of $400.00 belonging to ATF by use of a firearm.  During the hearing, Agents presented evidence that Samuel pointed a firearm at the victim in order to force the victim to give up the cash. 

The case was investigated by agents of ATF, the Darlington County Sheriff’s Office, and the Hartsville Police Department.   Assistant United States Attorneys Lauren Hummel of the Florence office and J.D. Rowell and William Lewis of the Columbia office handled the case.

#####

Greenville, South Carolina ---- United States Attorney Beth Drake announced today that Nicolas LaShawn Finley, a/k/a “Shy,” a/k/a “Shy Money,” a/k/a “Shakim Karim,” age 45, of Mauldin, South Carolina, was sentenced in Greenville for two counts of possession of a firearm after having been convicted of a felony and a misdemeanor crime of domestic violence, in violation of Title 18, United States Code, § 922(g)(1) and (9), and possession with intent to distribute heroin, in violation of Title 21, United States Code, Section § 841.  Senior United States District Judge Henry M. Herlong, Jr., of Greenville, South Carolina, sentenced the defendant to 70 months imprisonment, followed by a term of supervised release.

Evidence presented at the guilty plea demonstrated that on December 20, 2016, Finley was the passenger in a car that was pulled over by a Greenville County Sheriff’s Office deputy.  When the deputy requested registration documents, Finley opened the glove compartment, revealing a .40 caliber Taurus handgun.  Finley initially reached for the glove box containing the handgun, but eventually was removed from the car without incident.  When deputies secured the firearm, they found it was missing its magazine.  Deputies found the magazine, loaded with five bullets, and 2.06 grams of heroin on Finley’s person.

On May 10, 2017, deputies executed a search warrant at a motel where Finley was staying.  Officers recovered 9mm ammunition among Finley’s belongings and a 9mm SCCY handgun hidden in the bathroom.  Finley was searched and officers located a .22 caliber bullet in his sock.  Finley is prohibited from possessing firearms or ammunition because of prior felony convictions and a prior misdemeanor domestic violence conviction.

Finley’s case was expedited for federal prosecution as part of Operation “Real Time” and was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greenville County Sheriff’s Office.  Assistant United States Attorney Jamie Schoen prosecuted the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated that Jwain Dennis Francis, a/k/a “Love,” age 28, of West Columbia, plead guilty in federal court to being a felon in possession of a firearm and ammunition and to possession with intent to crack cocaine and cocaine, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e) and Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.

Evidence presented in court established that in late 2016, the West Columbia Police Department received information that an individual nicknamed “Love” was selling crack cocaine in the area of Gentle Pine Apartments. A confidential informant was able to purchase crack cocaine from “Love” on two separate occasions in November 2016, and law enforcement determined through photo line-ups that “Love” was Francis. On December 1, 2016, officers arrested Francis on state drug charges and executed a search warrant at his residence. Inside the residence, officers recovered baggies of cocaine and crack cocaine, along with scales and $3,305. Officers also recovered a 9mm handgun and 9mm ammunition. Francis admitted that he bought and sold crack cocaine and cocaine.   

Francis is prohibited under federal law from possessing firearms and ammunition based upon his prior separate South Carolina state convictions for strong arm robbery (2007), indecent exposure (2014), and strong arm robbery (2014).

On the firearm charge, Francis faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge. However, if he is deemed an armed career criminal in light of his prior convictions, he would face a statutory mandatory minimum term of imprisonment of 15 years with a maximum of life, a fine of $250,000, and 5 years of supervised release on the firearm charge. Francis faces a maximum of 20 years, a fine of $1,000,000 and at least 3 years of supervised release on the drug charge.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the West Columbia Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

#####

Anderson, South Carolina---- United States Attorney Beth Drake announced today that Ashford James “AJ”  Simmons, age 29, of Gray Court, South Carolina, and Brittany Nicole Smith, age 24, of Piedmont, South Carolina, were sentenced for conspiracy to commit sex trafficking of minors, in violation of Title 18, U.S.C. § 1594(c).  Simmons was also sentenced for possession of a firearm by a convicted felon, in violation of Title 18, U.S.C. § 922(g)(1).  United States District Judge Timothy M. Cain, of Anderson, sentenced Simmons to 210 months imprisonment, followed by a life term of supervised release, and sentenced Smith to 57 months imprisonment, followed by 5 years of supervised release. The defendants are also required to pay $14,480 each in restitution to the victims.

Evidence presented at the change of plea hearings and sentencings established that from May through June of 2015, Simmons and Smith recruited minor females to work as prostitutes for them, including one minor they recruited from a juvenile drug rehabilitation center.  The defendants advertised commercial sex acts with the minors online and received proceeds from the sale of sex acts performed by the minors.  Additionally, authorities determined that Simmons possessed a loaded Sig Sauer .40 caliber handgun while traveling in a car with one of the trafficked minors on May 30, 2015.  As a previously convicted felon, Simmons was prohibited from carrying or possessing a firearm or ammunition.  Arguing for leniency at his sentencing, Simmons compared selling the minors for sex to investing in the stock market.  Smith, Simmons’ girlfriend, received comparably less time, in part, because she had no prior convictions, there was no indication that she possessed weapons, and because Simmons was identified as the leader of the sex trafficking operation.

The case was investigated by agents of ICE-Homeland Security Investigations, Greenville County Sheriff’s Office, Anderson County Sheriff’s Office, and Newberry County Sheriff’s Office.  Assistant United States Attorneys Jamie Lea Schoen and Carrie Fisher Sherard of the Greenville Office prosecuted the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated that Zadgery Collins McNeil, age 32, of Rock Hill, plead guilty in federal court to being a felon in possession of a firearm and ammunition and to possession with intent to distribute marijuana, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e) and Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(D), and 851. Chief United States District Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the United States Probation Office.

Evidence presented in court established that at approximately 1:25 pm on December 6, 2016, Rock Hill Police Department received numerous 911 calls regarding a shooting on Jones Avenue. One of the callers identified McNeil as being one of the individuals involved and provided a description of McNeil’s vehicle, as well as the other vehicle involved. An officer encountered McNeil’s vehicle and observed him fire a handgun before speeding away. A chase ensued, which resulted in McNeil bailing from his vehicle, which crashed into a porch of a residence. A foot chase ensued during which McNeil threw down the handgun. McNeil ran into a nearby home and the residents alerted law enforcement. McNeil was placed under arrest a short time later and officers recovered $550 and the discarded handgun. A search of McNeil’s vehicle revealed approximately 348 grams of marijuana and a spent shell casing among other items linked to McNeil.    

McNeil is prohibited under federal law from possessing firearms and ammunition based upon his prior separate South Carolina state convictions for possession of crack cocaine (2006), assault and battery of a high and aggravated nature (2007), possession with intent to distribute marijuana (2012), possession with intent to distribute marijuana near a park (2014), and distribution of marijuana 2nd offense (2014). At the time of the instant offense, McNeil was on state probation for a North Carolina conviction for possession of a firearm by a felon (2014).     

On the firearm charge, McNeil faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge. However, if he is deemed an armed career criminal in light of his prior convictions, he would face a statutory mandatory minimum term of imprisonment of 15 years with a maximum of life, a fine of $250,000, and 5 years of supervised release on the firearm charge. McNeil faces a maximum of 10 years, a fine of $4,000,000 and 4 years of supervised release on the marijuana charge.

The case was investigated by the Federal Bureau of Investigation (FBI) Safe Streets Task Force and the Rock Hill Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Project CeaseFire is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that William F. Haynes, age 61, of Easley, pled guilty in federal court in Greenville, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A.  Senior United States District Judge Henry M. Herlong, Jr., of Greenville, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that law enforcement conducted a proactive investigation involving a file-sharing network used by individuals with an interest in child pornography.  An undercover officer downloaded images that Haynes had available for sharing.

A federal search warrant was obtained and executed.  Electronic devices were seized and law enforcement found over 8000 images of child pornography. Agents found images of children under the age of 18, and some prepubescent, engaged in the lascivious display of the genitals and sexual activity.

Ms. Drake stated the maximum penalty Haynes can receive is a fine of $250,000 and/or imprisonment for 20 years, supervised release of up to life, plus a special assessment of $100. 

The case was investigated by agents with the Federal Bureau of Investigation.  Assistant United States Attorney Bill Watkins of the Greenville office handled the case.

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

#####

Charleston, South Carolina---- United States Attorney Beth Drake stated today that Dominique Raheem Manigo, a/k/a “Doma”, age 19, of Walterboro, was sentenced for felon in possession of firearms and ammunition, in violation of Title 18, United States Code, Section 922(g)(1). United States District Judge David C. Norton sentenced Manigo to 48 months in federal prison with three years of supervised release to follow.

The evidence presented at the guilty plea hearing established that on April 4, 2017, Manigo initiated a live video stream on a social network platform that showed him sitting in his car with two other individuals packaging marijuana for distribution and possessing a shotgun and an AR-15 style firearm.  As a result of this video, federal agents obtained a search warrant for Manigo’s residence, which was executed on April 19, 2017.  During the search inside Manigo’s bedroom, agents located a pistol magazine that contained fifteen rounds of 9mm ammunition, a box containing thirteen 12-gauge shotgun shells, a box containing four rounds of .45 colt ammunition and one round of .223 caliber ammunition.  Inside a shed on the property, agents located a green and black 12-gauge shotgun that was loaded with six 12-gauge shotgun shells, a Smith & Wesson .556 caliber rifle that contained sixty-seven rounds of .223 caliber ammunition and a bag containing twenty-one rounds of various ammunition.  The .223 ammunition in the rifle was loaded into two large capacity magazines that were taped together.

Manigo has prior convictions for burglary and failure to stop for a blue light that prohibit him from possessing firearms and ammunition. 

This case was investigated by Special Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Officers with the Colleton County Sheriff’s Office.  The case was prosecuted pursuant to 14th Circuit Solicitor Duffie Stone’s longstanding partnership with the United States Attorney’s Office to target career criminals in Beaufort, Jasper, Hampton, Colleton, and Allendale Counties in federal court. Special Assistant United States Attorney Carra Henderson of the 14th Circuit Solicitor’s Office prosecuted the case.

#####

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Joey Lamont Brunson, a/k/a “Solo Flex,” age 42 of Eutawville (Orangeburg County), South Carolina was convicted of all twelve of the charges in his federal indictment after a four day jury trial before Judge Joseph F. Anderson, Jr.  After four hours of deliberations, the jury returned verdicts convicting Brunson of being a member of a conspiracy to distribute 5 kilograms or more of cocaine, four counts of use of a cell phone to further drug trafficking, money laundering conspiracy, possession with intent to distribute marijuana and cocaine, felon in possession of a firearm, possession of a firearm in furtherance of drug trafficking, and perjury.  Judge Anderson will impose sentence after a presentence report is prepared by the United States Probation Office.

Evidence presented at the trial included numerous wiretap calls between Brunson and his main source of supply Lamario Vincent Wright from June through October of 2013.  In the calls, Brunson brazenly discussed beating another conspirator in an effort to recover cocaine that the conspirator had stolen from Wright.  Repeatedly in the intercepted calls and texts, Brunson ordered drugs using coded language from his suppliers.

After Brunson was indicted in 2015, agents testified he went on the run and eluded capture by the FBI for almost two years.  After receiving a tip from the Navy Federal Credit Union in Summerville, agents learned that Brunson was depositing between $3000.00 and $9000.00 cash regularly at multiple locations in late 2016 and 2017.  On March 3, 2017, Summerville Police Officers responded to a call for service from one of the credit unions and arrested Brunson after a brief struggle.  Agents searched the silver Suzuki he was driving and located cocaine, crack cocaine, marijuana and two firearms. Bank records proved that Brunson deposited over $90,000.00 in cash in multiple accounts while on the run from the FBI.

Evidence at trial also included testimony and pictures of a $30,000 Escalade truck that Brunson bought at the request of his supplier Lamario Wright.  Records showed that Brunson used over $20,000.00 in drug money to purchase the truck and that he placed it in his name to hide the fact that the truck actually belonged to his partner Wright.

Brunson has previously been convicted of federal drug violations in the late 1990s and in 2007, and has previously served two custodial sentences in the Bureau of Prisons.  Based on his prior convictions and the fact that he was convicted of multiple felony drug convictions yesterday, Brunson faces a statutory mandatory minimum life sentence without the possibility of parole.

The case was investigated by agents from the Federal Bureau of Investigation with the assistance of the Summerville Police Department, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshal’s Office.  The case was prosecuted by Assistant U. S. Attorneys Will Lewis and J.D. Rowell.

 

#####

Spartanburg, South Carolina ---- After previously entering a guilty plea for the illegal possession of a firearm in January 2017, James Lee Sarratt, Jr., age 50, of Spartanburg, was sentenced today to 108 months in federal prison. 

Sarratt, a previously convicted felon who is prohibited from possessing firearms or ammunition, was arrested on federal firearms charges on October 31, 2016, and has remained in custody, detained without bond, since his federal arrest.

The facts presented at the guilty plea hearing and sentencing hearing established that on the morning of September 30, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) responded to a domestic disturbance involving a firearm at a residence in Spartanburg. When deputies arrived at the residence, witnesses alerted SCSO that Sarratt had a firearm. Sarratt did not have a firearm on him when deputies approached him but Sarratt later admitted he put the firearm in a truck at the residence. Inside the bedroom of the residence, a male was on the floor with a gunshot wound to his abdomen.

One witness told SCSO that during an argument in the bedroom, with the child present, Sarratt retrieved his .40 caliber pistol from under the mattress. Ultimately one witness attempted to grab Sarratt’s arm. The gun went off and the witness fell to the ground, shot in the abdomen. Sarratt then left the residence to place his firearm in his truck.

A search warrant obtained for the property yielded a black Hi-Point JCP, .40 caliber pistol loaded with seven (7) rounds of Winchester .40 caliber ammunition in a pick-up truck and a box containing fourteen (14) rounds of Winchester .40 caliber ammunition in the bedroom.

Sarratt’s case was investigated by the Spartanburg County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The case is assigned to 7th Circuit Assistant Solicitor and Special United States Attorney Jennifer Wells and First Assistant United States Attorney Lance Crick.

Sarratt’s plea was the first one to emanate out of “Home Front”, a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette. The initiative, launched last month has the support and partnership of the U.S. Attorney’s Office.

Modelled after a program started in High Point, NC, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.

Under the guidance of Solicitor Barnette and High Point (NC) Chief Marty Sumner, Home Front has quickly gone from concept to reality. High Point’s model and research suggests that early intervention is key in stopping the cycle of violence. The Home Front strategy identifies and focuses on offenders at the earliest stages of offending, before their violent conduct is entrenched and escalating.

According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.

Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.

According to the 2015 Violence Policy Center When Men Murder Women report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew.

In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.

Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts.  That is Home Front.”

United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”

U.S. Attorney Drake further stated, “South Carolina has been in the top ten states for men who kill women for the last 20 years, and ranked in the top 5 for six years in a row in 2015.  Domestic violence calls pose a potentially lethal risk to both the intimate partner and the responding law enforcement. As a State, we have to do more.  Solicitor Barnette is leading the way here in South Carolina in finding a way to turn the tide on domestic violence.”

The Home Front task force began a thorough, eight-step implementation process in the fall. The steps included training officers, synchronizing the coding of calls among the law enforcement agencies to harmonize communication--to create a back stop of sorts so that no domestic calls or offenders slip through the cracks among the sixteen municipal law enforcement entities in Spartanburg County. Very early in the implementation process, the task force began creating a comprehensive list of domestic violence offenders from the previous twelve months of arrests in Spartanburg County for domestic-related incidents. Offenders were categorized from most dangerous (Class A), repeat offender (Class B), first time DV arrest (Class C), and any non-arrest domestic violence interface with law enforcement (Class D). For the most serious or repeat offenders, pending cases are fast-tracked to ATF and the US Attorney’s Office for immediate federal prosecution or prioritized for expedited state prosecution. This process includes creating an enhanced system of tracking for offenders who are notified at any level or category. Custom notification letters, hand-delivered by law enforcement to offenders within 48 hours of the initial law enforcement contact, serve to alert offenders that they are on the Home Front radar going forward as well as detailing presumptive sentences for future acts of violence or prohibited behavior.

Solicitor Barnette is optimistic about the collaboration and is confident the focus and dedication of this task force will not waiver.  “Securing our communities and ensuring that victims and children can feel safe in their own homes—breaking this horrific cycle of violence, that is our charge.”

 

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Gregory Ellis, age 21, of Gaffney; Isaac Harris, age 20, of Gaffney; Christopher Littlejohn, age 27, of Gaffney; Benjamin Morris, age 21, of Gaffney; Shemar Smith, age 21, of Gaffney; and Lazarus Wilson, age 20, of Chesnee, all had first appearances in federal court in Greenville on obstruction of justice charges. Harris, Littlejohn and Smith were also charged with felon in possession of a firearm and Morris was charged with providing false information to a federal law enforcement officer. 

The indictment charges in Count One that Gregory Ellis, Isaac Harris, Christopher Littlejohn, Benjamin Morris, Shemar Smith and Lazarus Wilson did conspire with each other and others to corruptly influence, obstruct and impede or endeavor to influence, obstruct and impede the due administration of justice in United States of America v. Marcus Devante Horne, No. 7:17-CR-103, in the U.S. District Court for the District of South Carolina, by creating a scheme to place weapons in a residence in an attempt to obtain sentencing consideration for Marcus Devante Horne.  The penalty for Count One is up to ten years and a fine of up to $250,000. Counts Two, Three and Four of the indictment charge each of Isaac Harris, Christopher Littlejohn and Shemar Smith with being a felon in possession of a firearm. The penalty for that offense is up to ten years and a fine of up to $250,000.  Count Five alleges that Benjamin Morris did willfully and knowingly make a materially false, fictitious, and fraudulent statement and representation in a matter within the jurisdiction of the judicial branch of the Government of the United States, to Bureau of Alcohol, Tobacco and Firearm Special Agent Heather Cox-McClain. The penalty for that offense is up to five years and a fine of up to $250,000.

The Gaffney Police Department, the Cherokee County Sheriff’s Office and ATF investigated the case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.

The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

#####

 

Charleston, South Carolina---- United States Attorney Beth Drake stated today that Arturo Rafael Salazar Cruz, age 38, of Matamoros, Mexico, was sentenced in United States District Court in Charleston for conspiracy to traffic in counterfeit goods, in violation of 18 U.S.C. §§ 371 & 2320.  United States District Judge P. Michael Duffy, of Charleston, sentenced Cruz to the maximum of 60 months imprisonment and 3 years supervised release.

Evidence presented in this case established that from 2011 through 2017, Cruz conspired with others in foreign countries to import counterfeit pharmaceuticals from China and India into the United States.  Cruz had a Non-Immigrant Visa, and he misused his Visa to transport the counterfeit pharmaceuticals from Mexico to Texas where he shipped the drugs through the United States Postal Service.  Cruz and others sold these counterfeit pharmaceuticals to persons without prescriptions in the United States.  Some of the counterfeit pharmaceuticals were highly addictive controlled substances, including Xanax and OxyContin.  During the investigation, agents executed a search warrant at Cruz’s office in Texas and seized 360,000 pills.  The retail value of these seized pharmaceuticals exceeded $8 million.     

The case was investigated by agents from the Department of Homeland Security.  Assistant United States Attorney Rhett DeHart of the Charleston office prosecuted the case. 

 

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Bobby Eric Spates, age 26, of Florence, SC, was sentenced in federal court in Florence, South Carolina, for Felon in Possession of a Firearm.  United States District Judge Bryan Harwell, of Florence, sentenced Spates to 44 months in federal prison with 3 years of supervised release to follow.  

The evidence presented at the guilty plea hearing established that on March 31, 2017, members of the Florence Police Department (FPD) responded to a 911 call regarding a pedestrian pointing a gun at a motorist on West Evans Street in Florence.  Based on the description of the armed pedestrian received from the motorist, FPD made contact with the pedestrian, identified as Spates, detained him in handcuffs, and asked Spates if he had any weapons on him.  Spates responded he had a gun in his pants pocket.  The officer proceeded to pat-down Spates and felt what appeared to him to be a gun in Spates’ right front pants pocket.  The officer then removed a loaded Phoenix Arms .22 caliber pistol.  The officer advised Spates of his Miranda warnings and advised Spates he was under arrest.  The officer next secured a box of .22 caliber ammunition from the same pocket where the firearm was located.  Prior to his possession of the firearm, Spates had been convicted of a crime punishable by imprisonment for a term exceeding one year.  

The case was investigated by the Florence Police Department and the ATF.  Assistant United States Attorney Lauren Hummel of the Florence office handled the case.

This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001. 

#####

Columbia, South Carolina-------United States Attorney Beth Drake announced today that a hearing for Thomas Lawton Evans Jr., age 37, of Boiling Springs, South Carolina, has been set for Friday, March 16, 2018, at 11:00 A.M. in the federal courthouse, 85 Broad St., in Charleston, SC.  The hearing was recently rescheduled from a later date.  Evans is currently charged in a three count indictment and is scheduled to be arraigned on those charges March 16, 2018. 

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Christopher O’Berry, age 43, of Columbia, was sentenced to 27 months in prison for Theft of Government Money, a violation of Title 18, United States Code, § 641.  Senior United States District Judge Joseph F. Anderson, Jr., of Columbia, also ordered O’Berry to pay $1,039,981.75 in restitution to the United States. 

Evidence presented at the change of plea hearing established that the Food and Nutrition Service (FNS) is the agency within the U.S. Department of Agriculture responsible for the administration and regulation of the SNAP.  SNAP, commonly known as the food stamp program, assists low-income families and individuals purchase food. 

Christopher O’Berry operated Cynthia’s Soul Food Deli (formerly Food World) in the Columbia area.  The Deli served food, but was also registered to receive SNAP benefits as payment for food items.  This arrangement posed two issues.  First, SNAP does not pay for prepared food.  Second, the Deli did not stock sufficient food to justify the purchases recorded under SNAP.  O’Berry allowed beneficiaries to make small purchases through SNAP but processed them as much larger amounts.  He would then pay some cash to the beneficiary and keep some for himself. 

The investigation traced proceeds of the theft to a Woodforest National Bank account controlled by O’Berry.  O’Berry deposited $956,006.90 between May 2011 and December 2014.  He then withdrew $158,187 in cash and transferred $714,032 to his own accounts.  The rest was used to make minimal purchases for the store. 

U.S. Attorney Drake stated, “SNAP is an important source of critical funding to South Carolinians most in need, including the elderly and young families. When the unscrupulous or dishonest defraud the program- and that includes businesses and recipients of SNAP benefits- they are both stealing from the tax payers and eroding a program that does a lot of good.”

The Richland County Sherriff’s Office, the United States Department of Agriculture, Office of the Inspector General, and the Internal Revenue Service investigated the case.  Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.

#####

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Dennis Michael Martin, age 51, of Columbia, South Carolina, pled guilty in federal court in Columbia, South Carolina, for Distributing Child Pornography, a violation of 18 U.S.C. § 2252S(a)(5)(B).  United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Martin was on supervised release after serving a seventy-eight month sentence for possessing child pornography when the Bureau of Immigration and Customs Enforcement (ICE) received notice from the National Center for Missing and Exploited Children (NCMEC) that Martin might be sharing child pornography on the internet. Further investigation revealed that Martin had been distributing and receiving child pornography for approximately one year while on supervised release. U.S. Attorney Drake stated the maximum penalty Martin could receive is a sentence of imprisonment not less than 15 years nor more than 40 years plus a fine of $250,000 and supervised release of not less than 5 years.

The case was investigated by agents of ICE.  Assistant United States Attorney William E. Day II of the Columbia office prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Stanley Fard Harper, age 33, of Charlotte, was sentenced to 24 months in prison for committing Aggravated Identity Theft, a violation of Title 18, United States Code, § 1028A.  United States District Judge J. Michelle Childs, of Columbia, also ordered Harper to pay over $57,000 in restitution to various financial institutions. 

 Harper was an employee of The Lash Group, a health care consulting firm located in Ft. Mill, SC, since 2010.  Harper had access to the personal identification information (PII) of Lash’s customer pool.  Harper stole this information and used it to open bank and credit card accounts at Founders Federal Credit Union, also located in Ft. Mill.

Harper used Lash client files to set up fraudulent accounts at Founders using his personal cell phone.  He would then go to the Founders branch in Ft. Mill, deposit a nominal sum to show activity, then apply for a credit card linked to that account.  He would then use a fake North Carolina identification and a fake social security card matching the stolen identity to make cash advances and purchases.  He would then deposit additional money into the account to increase the credit limit on his card.  He used the fraudulent cards until they were suspended for nonpayment, and then he would get rid of all the documents.  He opened thirteen accounts.  He received his false identification documents from a website for $60 per set.  All of the cash advances and purchases were for personal items.

Harper also opened fraudulent accounts at Charlotte Metro Federal Credit Union, Truliant Federal Credit Union, and Chase Bank USA. 

The United States Secret Service investigated the case.  Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.

#####

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Ernest Roberts, a/k/a “Balla Walla,” age 41, of Allendale, South Carolina, was sentenced for possession with intent to distribute and distribution of crack cocaine, in violation of Title 21, United States Code, Section 841. United States District Judge Mary G. Lewis, of Columbia, sentenced Roberts to 180 months in prison.

At trial, audio and video evidence presented established that on February 22, 2016, Roberts traveled to a pawn store in Fairfax, South Carolina, to meet with an informant working with the South Carolina Law Enforcement Division (SLED).  After discussing the meet on several recorded phone calls, evidence established that Roberts sold the informant 26.35 grams of “crack” cocaine in exchange for $1300.00 while standing near 10th Street in Fairfax.  SLED agents testified that they observed the transaction and identified Ernest Roberts as the individual who met with the informant to conduct the controlled purchase.

Roberts has numerous prior convictions, the most recent of which were for possession with intent to distribute oxycodone and crack cocaine in 2014, possession with intent to distribute marijuana in 2013, and distribution of cocaine in 2006.

This case was investigated by Special Agents with the South Carolina Law Enforcement Division (SLED) and officers with the Allendale Police Department.  The case was prosecuted pursuant to 14th Circuit Solicitor Duffie Stone’s longstanding partnership with the United States Attorney’s Office to target career criminals in Beaufort, Jasper, Hampton, Colleton, and Allendale Counties in federal court. Special Assistant United States Attorney Carra Henderson of the 14th Circuit Solicitor’s Office and Assistant United States Attorney JD Rowell of the US Attorney’s Office in Columbia prosecuted the case. 

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Hugo Rolando Canenguez-Montes, age 52, of El Salvador, entered a guilty plea in federal court in Columbia, to  Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a).  United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Canenguez was encountered by DHS/ICE agents on December 10, 2017, at the Lexington County Detention Center in Lexington after he was arrested for Kidnapping and Criminal Sexual Conduct 1st Degree. An investigation revealed that Canenguez is a citizen of El Salvador who had been deported five times pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.

The case was investigated by officers of the ICE – Enforcement and Removal Operations.  Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Mario Almaraz-Juarez, age 23, of Mexico, entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a).  United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.

Evidence presented at the change of plea hearing established that Almaraz was encountered by DHS/ICE agents on December 31, 2017, at the Lexington County Detention Center, in Lexington, after he was arrested for Hit and Run, Driving Under Suspension and No Insurance. An investigation revealed that Almaraz is a citizen of Mexico who had been deported pursuant to an order of removal. U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 2 years and/or a fine of $250,000.

The case was investigated by officers of the ICE-Enforcement and Removal Operations.  Assistant United States Attorney William E. Day, II of the Columbia is prosecuting the case.

#####

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Oscar Santiago-Bello, age 34, of Columbia, South Carolina, was sentenced in federal court in Columbia, South Carolina, for Reentry of Removed Aliens, a violation of 8 U.S.C. § 1326.  United States District Judge Mary Geiger Lewis, of Columbia, sentenced Santiago-Bello to time served (approximately 5 months imprisonment) with no supervised release because he is expected to be deported upon completion of his sentence.

Evidence presented at the change of plea hearing established that Santiago-Bello is a Mexican citizen who had previously been deported three times and had previously been convicted of illegal reentry. He was encountered by Department of Homeland Security/ICE-ERO officers on August 6, 2017 at the Alvin S. Glenn Detention Center after being arrested for unrelated state charges.

Officers of the Department of Homeland Security/ICE-ERO investigated this case.  Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.   

#####

Columbia, South Carolina---- United States Attorney Beth Drake stated today that Jorge Luis Marin-Villa, age 36, of Augusta, Georgia, was sentenced today in federal court in Columbia, South Carolina, for Reentry of Removed Aliens, a violation of 8 U.S.C. § 1326.  United States District Judge Mary Geiger Lewis, of Columbia, sentenced Marin-Villa to one year and one day imprisonment, with no supervised release because he is expected to be deported upon completion of his sentence.

Evidence presented at the change of plea hearing established that Marin-Villa is a Mexican citizen who had previously been deported two times and had previously been convicted of Reentry of a Removed Alien. He was encountered by Department of Homeland Security/ICE-ERO officers on September 10, 2017 at the Aiken County Detention Center after being arrested for unrelated state charges.

Officers of Department of Homeland Security/ICE-ERO investigated this case. Assistant United States Attorney William E. Day, II, of the Columbia office is prosecuting the case.   

#####

Charleston, South Carolina --- United States Attorney Beth Drake announced today that Thomas Lawton Evans Jr., 37, of Boiling Springs, South Carolina, was charged in a three count federal indictment.  Count One charges Kidnapping Involving a Person Under the Age of 18, a violation of 18 U.S.C. §§ 1201(a)(1) and (g), and is punishable by a minimum term of imprisonment of 20 years and up to life.  Count Two charges Transportation of a Minor to Engage in Sexual Activity, a violation of 18 U.S.C. § 2423(a), and is punishable by a minimum of 10 years imprisonment and up to life.  Count Three charges Aggravated Sexual Abuse of a Person under the age of Twelve, a violation of 18 U.S.C. § 2241(c), which is punishable by a minimum term of imprisonment of 30 years and a maximum sentence of life.  

Evans was initially charged with a federal complaint.  An arraignment date for his current federal charges has been set for March 27, 2018 at 9:45 in the Charleston Federal Courthouse, 85 Meeting St.  Evans also faces several charges in state court.

The charges are the result of an investigation conducted by the Federal Bureau of Investigations and Charleston Police Department.  Assistant United States Attorneys Nathan Williams and Nick Bianchi are prosecuting the case.

 The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.

#####

Columbia, South Carolina --- United States Attorney Beth Drake announced today that Jimmy Hallums, age 40, and Christine Wellwood, age 34, were sentenced to 188 months (or 15 ½ years) imprisonment and 144 months (or 12 years) imprisonment, respectively in federal court in Greenville.

The evidence presented during their guilty pleas and sentencing hearings showed that Hallums met the leader of the organization, Dustin Tiller, while both men were serving prison sentences in the South Carolina Department of Corrections in 2015 for drug offenses. Working in conjunction with Tiller and at Tiller’s direction, Hallums recruited drug couriers, rented storage units to store drugs, met with sources of supply, and facilitated the shipment of methamphetamine from the Atlanta area to the Upstate of South Carolina for redistribution in South Carolina.  Hallums and a courier he recruited were arrested by federal and state law enforcement officials on March 8, 2016, in Georgia while traveling in tandem with approximately 20 pounds of methamphetamine.

Wellwood also was closely associated with Tiller.  The evidence showed that Wellwood acted as a money courier for Tiller.  At his direction, Wellwood would meet with high-ranking members of the organization, would receive drug proceeds, and would transport the proceeds to locations that Tiller designated.

Assistant U.S. Attorney Andy Moorman, Deputy Chief for the Narcotics Unit, is the lead prosecutor. 

The Drug Enforcement Administration, the Drug Enforcement Task Force, the Anderson County Sheriff’s Office, the Anderson Police Department, and the Franklin County (GA) Sheriff’s Office investigated the case. 

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated that Shiquisa Monique Watts, a/k/a “Quisha,” age 23, of Fort Mill, plead guilty today in federal court to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Section 922(g)(1). United States District Judge Michelle Childs, of Columbia, accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the United States Probation Office.

Evidence presented in court established that on September 10, 2016, officers with the Fort Mill Police Department responded to a fight in the Wal-Mart parking lot. Officers gathered information that one of the individuals involved in the altercation was Watts and that she had been armed with a handgun. Watts and others involved had since left the area. However, officers made contact with Watts at her home as she was exiting a vehicle. Officers located a loaded Ruger .380 caliber handgun in the car and Watts admitted possessing it. Further investigation revealed that the firearm had previously been reported stolen.   

Watts is prohibited under federal law from possessing firearms and ammunition based upon her prior state convictions for distribution of marijuana and distribution of marijuana within the proximity of a park.    

Watts faces a maximum of 10 years imprisonment, a fine of $250,000, and 3 years of supervised release on the felon in possession of a firearm and ammunition charge.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Fort Mill Police Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

Project Ceasefire is South Carolina’s continued application of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

 

#####

United States Attorney Beth Drake stated today that a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:

McCormick County Woman Indicted for Bank Embezzlement.  Amy June Schaufelberger, a/k/a Amy Schaufelberger Brown, age 31, of Parksville, South Carolina, was charged in a one-count Indictment with bank embezzlement, a violation of Title 18, United States Code, Section 656.  The maximum penalty Schaufelberger could receive is a fine of $1,000,000.00 and/or imprisonment of 30 years.  The case was investigated by agents of the United States Secret Service and is assigned to Assistant United States Attorney David C. Stephens of the Greenville office for prosecution.

Illegal Alien Indicted on Reentry of a Removed Alien and Felon in Possession of a Firearm.  Luis Cenobio Barrera, a/k/a “Daniel Munguia Casanova”, a/k/a “Felipe Molina Garcia”, age 24, of Greenville, South Carolina, was charged in a two-count indictment.  Luis Cenobio Barrera was charged with Reentry of Removed Alien, a violation of Title 8, United States Code, Section §1326(a), and Felon in Possession of a Firearm, a violation of Title 18, United States Code, Section §922(g)(1).  The maximum penalty Barrera could receive is 20 years imprisonment and a maximum fine of $250,000.  The case was investigated by agents of ICE-Homeland Security Investigations and is assigned to Assistant United States Attorney William J. Watkins, Jr., of the Greenville office for prosecution.

Illegal Aliens Indicted for False Use of Social Security Numbers. Juana Farfan-Garcia, a/k/a “MYP”, of Guatemala, was charged in a two-count indictment. Juana Farfan-Garcia was charged with Reentry of Removed Alien, a violation of Title 8, United States Code, Section §1326(a), and False Use of a Social Security Number, a violation of Title 42, United States Code, Section § 408. The maximum penalty Farfan-Garcia could receive is 2 years imprisonment and a maximum fine of $250,000, for Illegal Re-entry and 5 years imprisonment and a maximum fine of $250,000, for False Use of a Social Security Number.  The case was investigated by agents of ICE-Homeland Security Investigations and is assigned to Assistant United States Attorney Max Cauthen, of the Greenville office for prosecution.

Martina Guzman-Vasquez, a/k/a “CIRM”, of Guatemala, was charged in a two-count indictment.  Martina Guzman-Vasquez was charged with False Use of a Social Security Number, a violation of Title 42, United States Code, Section § 408, and False claim to be a citizen of the United States, a violation of Title 18, United States Code, Section § 911. The maximum penalty Guzman-Vasquez could receive is 5 years imprisonment and a maximum fine of $250,000, for False Use of a Social Security Number, and 3 years imprisonment and a maximum fine of $250,000, for False claim to be a citizen of the United States. The case was investigated by agents of ICE-Homeland Security Investigations and is assigned to Assistant United States Attorney Max Cauthen, of the Greenville office for prosecution.

Maria Barillas-Orozco, a/k/a “MRG”, locally from Saluda, South Carolina, was charged in a one-count indictment with False Use of a Social Security Number, a violation of Title 42, United States Code, Section § 408. The maximum penalty Barillas-Orozco could receive is 5 years imprisonment and a maximum fine of $250,000, for False Use of a Social Security Number. The case was investigated by agents of ICE-Homeland Security Investigations and is assigned to Assistant United States Attorney Max Cauthen, of the Greenville office for prosecution.

Juan Ramirez-Gomez, a/k/a “MB”,  of Guatemala, was charged in a two-count indictment. Juan Ramirez-Gomez was charged with False Use of a Social Security Number, a violation of Title 42, United States Code, Section § 408, and False claim to be a citizen of the United States, a violation of Title 18, United States Code, Section § 911. The maximum penalty Ramirez-Gomez could receive is 5 years imprisonment and a maximum fine of $250,000, for False Use of a Social Security Number, and 3 years imprisonment and a maximum fine of $250,000, for False claim to be a citizen of the United States. The case was investigated by agents of ICE-Homeland Security Investigations and is assigned to Assistant United States Attorney Max Cauthen, of the Greenville office for prosecution. 

The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.

#####

Columbia, South Carolina ---- United States Attorney Beth Drake stated that Jonathan Donnell Thompson, age 36, of Columbia, plead guilty in federal court to conspiracy to steal firearms from a federal firearms licensee, in violation of Title 18, United States Code, Section 371. In January 2018, Thompson’s co-defendant, Cedric K. Reddick, age 24, of Columbia, plead guilty to conspiracy to steal firearms from a federal firearms licensee and to being a felon in possession of a firearm, all in violation of Title 18, United States Code, Sections 371, 922(g)(1) and 924(a)(2). United States District Judge Michelle Childs, of Columbia, accepted both guilty pleas and will impose sentence on both Thompson and Reddick after she has reviewed the presentence reports, which will be prepared by the U.S. Probation Office.

Evidence presented in court established on August 5, 2016, Tony’s Guns and Police Supplies, a federal firearms licensee, in Sumter was burglarized and 69 handguns stolen. The investigation revealed similarities between that burglary and other burglaries of liquor stores in several counties. Through the joint investigation, law enforcement developed information that lead to Thompson being a suspect and later a DNA match linked co-defendant Reddick to a burglary of one of the liquor stores. Further investigation linked Thompson and Reddick to the burglaries through various means, including phone records and social media posts. Additionally, a search warrant at Reddick’s apartment revealed a 9mm handgun stolen during the burglary of Tony’s Guns and Police Supplies. Upon arrest, Reddick confessed to his involvement and implicated Thompson.

Thompson faces a maximum of 5 years imprisonment, a fine of $250,000, and 3 years of supervised release on the conspiracy charge.

The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Sumter County Sheriff’s Office, the Newberry County Sheriff’s Office, the South Carolina State Law Enforcement Division (SLED), the Clinton Police Department, the Fairfield County Sheriff’s Office, the Richland County Sheriff’s Department, and the Lexington County Sheriff’s Department and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.

Project Ceasefire is South Carolina’s continued application of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.  Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority.  In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.

#####