FEDERAL DISTRICT ARCHIVE
Northern District of Texas
Press releases recorded for this federal judicial district.
Equity Trader Sentenced to 30 Months in Federal Prison and Ordered to Disgorge More Than $3.5 Million in Illegal Profits on Securities Fraud ConvictionRead the Press Release
DALLAS — Daniel Lutz Bergin, 42, of Dallas, was sentenced Friday afternoon by U.S. District Judge Barbara M. G. Lynn to 30 months in federal prison following his guilty plea in July 2014 to one count of securities fraud, announced Acting U.S. Attorney John Parker of the Northern District of Texas. Bergin was also ordered to pay a money judgment of $1,384,603 and a $500,000 fine with additional disgorgement in a companion case brought by the Securities and Exchange Commission of approximately $1.7 million—resulting in total monetary remedies in the case that exceed $3.5 million. Judge Lynn ordered that Bergin surrender to the Bureau of Prisons on or before June 23, 2015.
According to plea documents filed in the case and the evidence presented at sentencing, Bergin was an equity trader at Cushing MLP Asset Management, LP (Cushing), a registered investment advisor located on Preston Road in Dallas. Cushing had approximately $2.5 billion in discretionary assets under management. Cushing provided advisory and portfolio management services to institutional clients, including high net worth individuals, investment companies, pooled investment vehicles, pension and profit sharing plans, charitable organizations and state/municipal government entities.
Beginning in at least January 2010 and continuing until his termination on May 23, 2013, Bergin devised and executed a “front-running” scheme in which he misused “inside” or “material, non-public” information when placing trades in a personal brokerage account held in the name of his wife. Bergin’s front-running scheme involved (a) obtaining material, non-public information from his employer concerning large orders to purchase or sell securities for its advisory clients; and (b) subsequently executing trades in the same securities, prior to the execution of the larger customer orders, in anticipation of the movement in price that the large trade was likely to cause. The government’s evidence at sentencing identified 696 transactions in which Bergin traded in energy MLP securities at the same time as Cushing traded in the same securities. Over the course of the scheme, Bergin’s profits from the illegal trading exceeded $3 million.
In furtherance of the scheme, Bergin made false statements and material omissions to Cushing, in violation of Cushing’s Code of Ethics in connection with the front-running trades. In particular, although Bergin disclosed certain personal brokerage accounts held in his name at Fidelity and Scottrade, Bergin failed to disclose brokerage accounts maintained at Fidelity in the name of his wife. After Bergin’s and his wife’s Fidelity accounts were closed by Fidelity, Bergin opened E*TRADE accounts in his wife’s name, which were not disclosed to Cushing as required, and which he continued to use to make unlawful front-running trades.
The evidence at sentencing also established that Bergin made false statements to the SEC in connection with his personal trading, and then continued engaging in illegal front-running trades up until the date of his termination.
Today’s announcement is part of efforts underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF) which was created in November 2009 to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed more than 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, visit www.stopfraud.gov.
The FBI investigated with assistance from the Fort Worth Regional Office of the Securities and Exchange Commission. Assistant U.S. Attorney J. Nicholas Bunch prosecuted.
Two Dallas Roommates Each Sentenced to 21 Months in Federal Prison for Conspiring to Obstruct Justice and Lying to Exonerate Another Roommate Facing A Federal Firearm OffenseRead the Press Release
DALLAS — Two women who pleaded guilty in November 2014 to federal felony offenses stemming from their conspiracy to obstruct justice to exonerate a fellow roommate, have been sentenced, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Daisy Emerson, 24, and Ofelia Nunez, 19, were each sentenced on Wednesday by U.S. District Judge Barbara M. G. Lynn to 21 months in federal prison. Each pleaded guilty to one count of conspiracy to obstruct an official proceeding and one count of making a false declaration before a court.
According to documents filed in the case, Emerson and Nunez’s roommate, convicted felon Chaddrick Darrion Ashley, 25, was arrested on March 26, 2014, for possession of a firearm by a felon. Shortly after his arrest, Emerson conspired with Ashley and Nunez to come up with a strategy to exonerate Ashley. They agreed that Nunez would execute a false affidavit claiming she, not Ashley, owned the gun, and that Nunez had mistakenly left her gun in the car.
Nunez executed that false affidavit, and just days before Ashley’s trial on that offense in federal court, she executed a second affidavit affirming those facts. Both she and Emerson falsely testified in Ashley’s federal trial on the firearm offense in September 2014 to corruptly obstruct and influence those official proceedings. Nunez falsely testified as to several facts about events on the day of Ashley’s arrest, and Emerson falsely testified, denying any involvement in producing the false affidavit. The goal of their conspiracy was, through false affidavits and false testimony at trial, to have the jury acquit Ashley.
Ashley’s trial ended in a mistrial. Approximately one month later, however, a federal grand jury returned a superseding indictment charging Ashley with one count of conspiracy to obstruct justice and one count of possession of a firearm by a convicted felon. He pleaded guilty to the conspiracy count, admitting he helped Emerson and Nunez execute a false affidavit and encouraged them to testify falsely at his trial. He faces a maximum statutory penalty of 20 years in federal prison and a $250,000 fine. He is scheduled to be sentenced on July 1, 2015.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Brothers Convicted in Synthetic Drug Distribution Conspiracy Sentenced to Lengthy Federal Prison TermsRead the Press Release
DALLAS — Two brothers who were convicted by a federal jury in Dallas in October 2014 on multiple felony offenses stemming from their operation of a dangerous, designer synthetic drug trafficking organization, were sentenced yesterday, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Barry Bays, 44, was sentenced by U.S. District Judge Jane J. Boyle to 425 months in federal prison, and Judge Boyle sentenced his brother, Jerad Coleman, 28, to 188 months in federal prison. In addition, Bays and Coleman were ordered to forfeit: a residence on Tillman Road in Fort Wayne, Indiana, $437,000 in funds seized by the government during the investigation, and multiple vehicles and a motorcycle. In addition, the defendants were ordered to pay a personal money judgment of approximately $7.3 million, which constituted the proceeds obtained during the course of the conspiracy.
Residents of Fort Wayne, Bays and Coleman were convicted on all counts of a fourth superseding indictment returned by a federal grand jury in July 2014. The charges stemmed from the Drug Enforcement Administration’s (DEA) Project Synergy that targeted these synthetic drug trafficking organizations.
Bays and Coleman were each convicted on one count of conspiracy to defraud the U.S. Food and Drug Administration (FDA); one count of conspiracy to commit mail fraud; and one count of conspiracy to distribute a controlled substance analogue. In addition, Bays was also convicted on one count of possessing a firearm in furtherance of a drug trafficking crime and one count of using a communication facility to facilitate a drug felony.
Seven other defendants charged in the case have pleaded guilty to their respective roles and have been sentenced as follows:
Samuel Madeley, 23, of Denton, Texas, 57 months
David Muise, 23, of Londonderry, New Hampshire, 36 months
Holden Bownds, 23, of Denton, Texas, 90 months
Aaron Parrish, 31, of Fort Wayne, Indiana, 51 months
Jennie Miller, 41, of Fort Wayne, Indiana, 12 months and one day
Brandon Zerler, 26, of Fort Wayne, Indiana 60 months
Defendant Kyle Boyer, 31, of Fort Wayne, Indiana, is scheduled to be sentenced on June 11, 2015.
Bays owned Little Arm, Inc., that did business as B&B Distribution (B&B) in Fort Wayne and then later in Defiance, Ohio. B&B sold products marketed as “incense,” “potpourri,” “air freshener,” or “aroma therapy products,” which claimed to be “not for human consumption,” to businesses in at least 38 states. Coleman served as a corporate officer for B&B and held various positions within the business.
During the conspiracy, Bays, Coleman and others conspired together to defraud the FDA by introducing or delivering an adulterated or misbranded drug into interstate commerce with the intent to defraud or mislead. As part of the conspiracy, Bays, Coleman and others possessed, packaged, labeled, marketed, distributed and sold substances containing various synthetic cannabinoids throughout the U.S. Synthetic cannabinoids are defined as “drugs” under the Federal Food, Drug, and Cosmetic Act (FDCA).
After acquiring the synthetic cannabinoids, Bays and B&B had them mixed with a green leafy (smokable) plant material to create a product commonly referred to as “spice.” That substance was then packaged and labeled with brand names such as “B2 Da Bomb,” “V8,” “Roses,” and “Street Legal.” The products were then sold to customers throughout the U.S. as “incense,” “potpourri,” “air freshener,” or “aroma therapy products,” and “not for human consumption,” when in fact, they were intended for human consumption as a drug.
Bays had contracted with Muise for Muise to create multiple YouTube videos, reviewing Bays’ “spice” products. Muise’s reviews documented the intended use of Bays’ products as drugs.
Madeley and Bownds collaborated and collectively brokered the sale of Scheduled I controlled substance analogues. They solicited customers via the internet and knew the chemicals they were brokering were being used to produce “spice” intended for human consumption. Madeley and Bownds made multiple sales to Bays and B&B, where he made his own brands of synthetic “spice” and distributed it to various “smoke shops” and convenience stores throughout the U.S.
The DEA led the investigation with assistance from the Fort Wayne Police Department, Indiana State Police, and the Denton County Sheriff’s Office. Assistant U.S. Attorneys Brian Poe and Brandon McCarthy prosecuted.
Former Tutoring Company Owners Who Admitted Defrauding Dallas and Fort Worth Independent School Districts Are SentencedRead the Press Release
DALLAS — Two individuals who ran a tutoring business from offices in Hurst, Texas, and pleaded guilty to federal offenses stemming from their fraudulent operation of that business, were sentenced today, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Flori Mati, aka “Florine Shaw,” and David Mbugua, were each sentenced to 60 months in federal prison by U.S. District Judge Barbara M. G. Lynn. In addition, Judge Lynn ordered each to pay, jointly and severally, $1,613,733 in restitution. Each pleaded guilty in October 2014 to one count of conspiracy to make false, fictitious or fraudulent claims. After their arrests in March 2014, the Court determined they were flight risks and ordered them to remain in federal custody.
Under the No Child Left Behind Act of 2001, federal funds were distributed to state educational agencies, which in turn distributed them to school districts in the form of sub-grants. School districts used a portion of these federal dollars to fund a Supplemental Education Services (SES) program. That SES program provided extra academic assistance, such as tutoring, for eligible students at no cost. Tutoring providers billed the local school districts for the hours of tutoring provided and the school district paid for the tutoring with federal grant money.
For the 2011-2012 and 2012-2013 school years, the Dallas Independent School District (DISD) and the Fort Worth Independent School District (FWISD) each received sub-grants and offered an SES program to eligible students at eligible schools.
From 2011 through the beginning of August 2012, Mati, a former DISD teacher, and Mbugua formed four tutoring companies: Wise Links, LLC; Diverse Links, Inc.; Boost Academy and Avenue Academy. They operated all four entities as one business from offices located on West Bedford Euless Road in Hurst. Beginning in September 2011 and continuing through the end of May 2013, Mati and Mbugua contracted with DISD and FWISD, as well as other school districts in Texas, to provide tutoring services under the SES program.
Mati and Mbugua formed these four separate companies to hide their true ownership and mislead the Texas Education Agency into believing they were unrelated companies, and thus, obtain more SES business than a single company could obtain from the various school districts.
They also obtained as many student names as possible. Mati obtained student identifying information by using her online teacher access to the DISD network. Mati, Mbugua and their employees would also go door-to-door with gifts and prizes to induce students to sign up for their tutoring services, regardless of the students’ intent to attend. Mati, Mbugua and their empoyees would then use student information to mass enroll students, via the Internet, from their residence, their Hurst offices and even from Kenya. They falsified documentation supporting their fraudulent claims by inducing students to sign attendance logs for tutoring sessions they did not receive. They even recruited a friend and her children to complete false and forged attendance sheets.
During the course of their conspiracy, Mati, Mbugua and others submitted false claims to DISD, FWISD and other school districts in Texas, for tutoring services under the SES program that were not provided to students. They billed DISD $2,730,389, and they were paid $1,523,079. They billed FWISD $1,430,687, and they were paid $1,003,318. Approximately 75% of the total amounts billed – approximately $3,120,807 – was for services not provided. Mati and Mbugua wired some of the proceeds they received from these false claims to Kenya, beyond the reach of U.S. authorities.
The FBI and U.S. Department of Education – Office of Inspector General investigated. Assistant U.S. Attorneys Nancy Larson and Megan Fahey prosecuted.
Three Sentenced for Roles in Bribery Scheme at Big Spring Correctional CenterRead the Press Release
LUBBOCK, Texas — A former employee at Big Spring Correctional Center (BSCC), who admitted smuggling contraband into the facility for an inmate, the inmate, and another individual involved in the scheme, were sentenced this morning by U.S. District Judge Sam R. Cummings, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Eva Bermea, 42, of Big Spring, Texas, was sentenced to 36 months’ probation, with eight of those months to be served in home confinement. Bermea pleaded guilty on December 30, 2014, to one count of bribery of public officials and aiding and abetting. She worked as a Recreational Specialist at BSCC.
Jonas Cruz, 34, an inmate at BSCC, was sentenced to 24 months in federal prison, to be served consecutively to the 211-month federal sentence he is currently serving following a guilty plea in January 2004 to one count of possession with intent to distribute methamphetamine and one count of possession of a firearm in connection with a drug crime. Cruz also pleaded guilty on December 30, 2014, to one count of bribery of public officials and aiding and abetting.
Bermea’s friend, Kami Nicole Bennett, 32, of Big Spring, was sentenced to one year of probation. She pleaded guilty to a superseding information charging one count of misprision of a felony on December 30, 2014.
According to documents filed in the case, the investigation began in January 2014 when the Department of Justice Office of Inspector General (OIG) received information that Bermea was suspected of smuggling contraband into the prison for inmate Cruz.
The investigation revealed that Cruz had developed a close friendly relationship with Bermea, and in September 2013, they began to discuss smuggling contraband into the prison for Cruz to sell to other inmates. From September 13, 2013, to December 21, 2013, Bermea smuggled tobacco products and creatine into BSCC on three occasions for Cruz, who paid her $1,500. Cruz admitted he recruited his bother to receive the payments made to him by other inmates for the contraband. This brother would then send the money to Bennett, whom Bermea had recruited to assist in packaging the contraband to be smuggled, and to facilitate receiving and retrieving the money for smuggled contraband.
The Department of Justice OIG conducted the investigation. Assistant U.S. Attorney Paulina Jacobo prosecuted the case.
Mesquite, Texas, Drug Trafficker Sentenced to 330 Months in Federal PrisonRead the Press Release
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DALLAS — A man who was found with a large amount of methamphetamine in his house in Mesquite, Texas, last year, was sentenced today by U.S. District Judge Sidney A. Fitzwater to a lengthy federal prison term, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Jose Farias Lopez, 24, was sentenced to 330 months in federal prison. He pleaded guilty in October 2014 to one count of conspiracy to possess with intent to distribute and to distribute a controlled substance.
Farias Lopez was also ordered to forfeit $36,257 in cash proceeds from the distribution of the methamphetamine, two semi-automatic handguns and assorted ammunition, and a 2011 Mazda SUV.
According to documents filed in the case, Farias Lopez was at a house on April 23, 2014, when law enforcement officers executed a search warrant at the residence. Law enforcement located 875,922 gross grams (approximately 875 kilograms) of methamphetamine in the house. Farias Lopez admitted that his role in the conspiracy was to assist in the packaging and preparation of the methamphetamine for distribution. Farias Lopez admitted he conspired with co-defendant Lino Robles Alvarez, and others, and that it was their intention to distribute the methamphetamine at the residence. Robles Alvarez remains a fugitive.
According to the Drug Enforcement Administration (DEA), this seizure was one of the largest methamphetamine seizures ever in the United States.
The DEA, Dallas Police Department, Garland Police Department, and Mesquite Police Department investigated. Assistant U.S. Attorney George Leal prosecuted the case, and Assistant U.S. Attorney John De La Garza handled the forfeiture.
Abilene Man Pleads Guilty to Federal Child Pornography OffenseRead the Press Release
ABILENE, Texas —Rockey Koonce, 39, of Stamford, Texas, appeared yesterday in federal court in Abilene and pleaded guilty, before U.S. Magistrate Judge E. Scott Frost, to one count of receipt of child pornography. The announcement was made today by John Parker, Acting U.S. Attorney for the Northern District of Texas.
Koonce, who is on bond, faces a statutory penalty of not less than five, nor more than 20 years in federal prison, a $250,000 fine, and a lifetime of supervised release. Sentencing will be set at a later date.
According to documents filed in the case, Koonce used a laptop computer at his residence, connected to the Internet, to search for images and videos depicting minors engaged in sexually explicit conduct. In May 2014, Koonce knowingly received a video file depicting a prepubescent female, under age 18, engaged in sexually explicit conduct. Koonce received the video through the use of peer-to-peer file sharing software.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation (FBI), the Wichita Falls Police Department, and the Stamford Police Department investigated. Assistant U.S. Attorney Steven M. Sucsy is in charge of the prosecution.
Man Sentenced to 72 Months in Federal Prison for Failing to Register as A Sex OffenderRead the Press Release
WICHITA FALLS, Texas — Viviano Nuncio, an Oklahoma man, who was arrested in Wichita Falls, Texas, last year for failing to register as a sex offender, was sentenced on Monday by U.S. District Judge Reed C. O’Connor to 72 months in federal prison, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Viviano Nuncio, 50, was arrested on July 30, 2014, and he pleaded guilty in November 2014 to one count of failure to register as a sex offender. The 72-month sentence was an upward departure from the U.S. Sentencing Guidelines.
According to documents filed in the case, Nuncio was convicted in Tillman County, Oklahoma, in December 2005 for lewd molestation, and he was sentenced to 15 years in the Oklahoma Department of Corrections, with all but the first eight years suspended. As a result of this conviction, Nuncio was advised of his requirement to register as a sex offender by the sentencing judge. Nuncio registered as a sex offender upon his release from prison on March 28, 2012. The last time he registered, however, was on September 10, 2013, in Garfield County, Oklahoma.
Nuncio admitted he had moved in with his sister in Wichita Falls the day before Thanksgiving, November 27, 2013. When he was arrested, he admitted he knew he had a duty to register in Texas, but stated that he did not because he was afraid of getting arrested.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The U.S. Marshals Service investigated. Assistant U.S. Attorney Camille Sparks prosecuted.
Brownwood, Texas, Man Admits Possessing Prepubescent Child PornographyRead the Press Release
LUBBOCK, Texas — Robert Lawrence Noll, 40, of Brownwood, Texas, appeared today in federal court before U.S. Magistrate Judge Nancy M. Koenig and pleaded guilty to one count of possession of prepubescent child pornography, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Noll, who is on bond, faces a maximum statutory penalty of 20 years in federal prison, a $250,000 fine, and a lifetime of supervised release. Sentencing will be set at a later date.
According to documents filed in the case, Noll used a laptop computer at his residence to search the Internet for images and videos of child pornography. In the course of searching for this material, Noll located, downloaded, and viewed numerous images and videos constituting child pornography, and some of those images involved prepubescent minors engaging in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Brown County Sheriff’s Office investigated. Assistant U.S. Attorney Steven M. Sucsy is in charge of the prosecution.
Wilbarger County Man Sentenced to 40 Years in Federal Prison on Methamphetamine ConvictionRead the Press Release
WICHITA FALLS, Texas — A Wilbarger County man, who possessed methamphetamine with the intent to distribute it, was sentenced yesterday by U.S. District Judge Reed C. O’Connor to a lengthy federal prison term, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Benny Dennis, 54, of Electra, Texas, was sentenced to 40 years in federal prison at a sentencing hearing held yesterday in federal court in Wichita Falls, Texas. Dennis pleaded guilty on September 30, 2014, to one count of possession with intent to distribute and distribution of five grams or more or methamphetamine.
According to documents filed in the case, on March 6, 2014, at the direction of law enforcement, an individual called Dennis to set up a meeting to pay for methamphetamine that Dennis had “fronted” him and to obtain additional methamphetamine from Dennis. The two met at a house on North Wilbarger Street in Electra. During the meeting, the individual paid Dennis $1,500 cash for one ounce of methamphetamine that Dennis had “fronted” him a few days earlier, and Dennis agreed to “front” the individual an additional ounce of methamphetamine. Dennis advised he had to go to a house on East Lincoln Street in Electra to get the methamphetamine. The individual and Dennis travelled separately to that location and met there a little while later. Dennis gave the individual a clear plastic bag of a clear, crystal-like substance. That substance, which was later tested by a Texas Department of Public Safety laboratory, was, in fact, 27.98 net grams of methamphetamine and had a purity level of 95%, which exceeds five actual grams of methamphetamine.
The Texas Department of Public Safety, the Wichita County District Attorney’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Mary Walters prosecuted.
Heroin Distributor Allegedly Connected to the Overdose Death of A Dallas Teenager Is Arrested in Orange County, California, Following High Speed ChaseRead the Press Release
DALLAS — A 36-year-old Dallas man, who is charged in a federal criminal complaint that was unsealed today with a felony drug offense stemming from his role in the March 2014 heroin overdose death of a Dallas teenage girl, Rian Lashley, is in federal custody following a high speed chase through Orange County, California, yesterday. The announcement was made today by John Parker, Acting U.S. Attorney for the Northern District of Texas.
Jimison Coleman, a/k/a “Jaymo,” was arrested by officers with the Buena Park Police Department on the federal complaint filed in the Northern District of Texas on March 4, 2015. The complaint charges Coleman with conspiracy to possess with the intent to distribute heroin. It is expected that the U.S. Marshals Service will transport Coleman to the District within the next few weeks to face the charge.
In a related case, Cierra Allyn Rounds, 27, of Dallas, pleaded guilty on March 24, 2014, to the same offense stemming from her role in Ms. Ashley’s overdose death. She remains in custody pending sentencing set for September 8, 2015.
Rounds, and her two co-defendants, Glen William Brunton, 28, and Kathryn Grace Dirks, 25, were each charged in a three-count indictment, returned by a federal grand jury in Dallas in September 2014, with one count of conspiracy to possess with intent to distribute a controlled substance (heroin); one count of possession of a controlled substance with intent to distribute, the use of said substance resulting in the death and serious bodily injury of Rian Lashley; and one count of distribution of a controlled substance (heroin), the use of said substance resulting in the death and serious bodily injury of Rian Lashley.
Brunton has filed plea papers indicating his intention to plead guilty. That plea is set for May 5, 2015, before U.S. District Judge Sam A. Lindsay. Dirks remains a fugitive.
According to plea documents filed in Rounds’ case and the criminal complaint charging Coleman, during the early morning hours of March 25, 2014, Rounds and Brunton traveled from a residence in Dallas to an IHOP restaurant in Plano, Texas. After arriving at the restaurant, Rounds and Brunton joined Dirks, Coleman (a local heroin distributor who was involved with Dirks) and Lashley at a booth, and the group ate breakfast together. While sitting in the booth, Rounds and the others became aware that Lashley possessed a large sum of money, approximately $3,000, a cell phone and an iPad.
Rounds admitted that later that morning, in the IHOP parking lot, Coleman delivered five baggies of “China White” heroin to Brunton and that Brunton subsequently distributed the heroin to Lashley in exchange for $100 cash. Rounds and the others learned through conversations with Lashley that she had never used heroin prior to that day. After acquiring the heroin, Rounds, Dirks and Lashley left the IHOP in Lashley’s vehicle, and they traveled to a residence in Dallas where Rounds was living. Coleman and Brunton departed the IHOP in a separate vehicle.
While traveling to the Dallas residence, Rounds used Lashley's cell phone to send a series of text messages to Coleman, including their proximity to the residence and a text message advising Coleman that “…I figured ud want me on this money.” Rounds admitted that when she sent this message to Coleman she was notifying him that she understood that she was to attempt to steal the money Lashley possessed and turn it over to him. As Rounds and the others arrived at the Dallas residence, Rounds sent another text message to Coleman asking if she should take Lashley and Dirks inside. Coleman responded with a text message that read, “Don’t leave don’t let them leave.” Rounds understood the message to mean to take Lashley into the residence and to keep her there.
Once inside the residence, Rounds and Dirks, aided and abetted by each other, and at Lashley’s request, took possession of the heroin that was originally supplied by Coleman and used a syringe to inject heroin into Lashley three times. Shortly before those heroin injections were administered, Rounds sent a text message to Coleman stating “…ima bout to shoot her up for her first time.” Rounds admitted that she hoped the heroin injection would incapacitate Lashley in such a way to allow Rounds to steal the money that Lashley possessed.
According to the affidavit in Coleman’s case, Dirks turned over a portion or all of Lashley’s money to Coleman later that evening at a hotel in Dallas.
Rounds admitted that later that afternoon, Lashley began showing signs of distress, and she and Dirks placed Lashley in a bathtub of ice water in an attempt to reverse the effects of the heroin. After Lashley was removed from the tub, Lashley was placed on a couch and appeared to go to sleep.
Lashley died later that evening as a direct result of the heroin that was administered to her. An autopsy performed at the Southwestern Institute of Forensic Sciences on March 26, 2014, concluded that Lashley died as a result of the toxic effects of heroin.
A federal complaint is a written statement of the essential facts of the offense charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. The penalty for the charged offense is not more than 20 years in federal prison and a $1 million fine.
The Dallas Police Department, the FBI, the U.S. Marshals Service and the Buena Park Police Department are investigating. Deputy Criminal Chief Assistant U.S. Attorney Rick Calvert and Assistant U.S. Attorney Phelesa Guy are prosecuting.
Former Dallas Police Department Vice Detective Sentenced on Obstruction ConvictionsRead the Press Release
DALLAS — A former detective with the Dallas Police Department (DPD), who was convicted at trial last year on three counts of an indictment charging obstruction of official proceedings and obstruction of the due administration of justice, was sentenced today, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Jose Luis Bedoy, 41, was sentenced to 18 months in federal prison and fined $25,000 by U.S. District Judge Barbara M. G. Lynn. He was ordered to surrender to the Bureau of Prisons on July 7, 2015.
Bedoy worked in DPD’s Vice Unit from November 28, 2007 through July 2013. The government presented evidence at trial that in early 2009, after a DPD Vice raid on an adult entertainment establishment, Bedoy met a female prostitute who worked at that establishment. Later, when she tried to reclaim property DPD seized during the raid, Bedoy assisted her.
Bedoy later contacted her and expressed an interest in seeing her and wanting a massage from her. A relationship ensued between the two and they began communicating, with Bedoy giving her advice on the adult entertainment establishments at which she could work. Bedoy later met her for a massage, and during the massage, he explained how to screen her clients to avoid being arrested. Bedoy and the female began an intimate relationship.
From 2009 until 2013, while they were engaged in a sexual relationship, Bedoy provided law enforcement-sensitive information to her about DPD Vice Unit prostitution raids and other enforcement actions. In January 2013, Bedoy met her at her residence and showed her a DPD investigative case file targeting “Wet,” an adult entertainment establishment, which he had brought with him. Two days later, Wet was raided, and after the raid, Bedoy arranged to meet her at her residence.
When the Coppell Police Department began an investigation of “Studio Serene,” an adult entertainment establishment, it enlisted the help of the DPD Vice Unit in its investigation. In March 2013, Bedoy advised the female that Studio Serene was being targeted and advised her against working there. Bedoy told her that the information was only for her benefit, but she relayed the information to Studio Serene’s owner. Based on that information, Studio Serene closed for a number of days.
After it reopened on April 25, 2013, however, the Coppell Police Department and the DPD Vice Unit raided Studio Serene. In subsequent interviews they conducted, members of the Coppell Police Department were informed that a DPD Vice Unit detective, named “Jose,” later identified as Bedoy, had “tipped off” the business weeks earlier about the pending raid.
On multiple occasions, Bedoy instructed the female on how to avoid being arrested while using Backpage.com for prostitution. He advised her to not only change her phone number every two weeks, but also advised her of the best days and times to work and the best days and times to avoid. On June 25, 2013, Bedoy contacted her to ensure that she wasn’t working Backpage.com during that week because DPD Vice was “working Backpage” that week. In fact, that same day, DPD Vice Unit, including Bedoy, and the FBI conducted a joint operation that was designed to deter prostitution by directing enforcement efforts at Internet-based prostitution.
As a result of Bedoy’s conduct, FBI and federal grand jury investigations were initiated. After learning of the investigation, Bedoy obstructed the federal grand jury proceeding by telling the female to move, to never give her real name if she is pulled over by law enforcement, to not let the FBI into her apartment to talk to her, and to change her cell phone so that there would be no link between them. Bedoy also lied to law enforcement about his contacts with the female and whether he provided her with sensitive law enforcement information.
The FBI and the DPD’s Public Integrity Unit investigated. Assistant U.S. Attorneys Errin Martin and P.J. Meitl prosecuted.
Former Dallas County Probation Employee Pleads Guilty to Role in Cocaine Distribution ConspiracyRead the Press Release
DALLAS — A Dallas woman, who worked for the Dallas County Department of Criminal Justice, pleaded guilty in federal court today to a drug distribution conspiracy offense, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Selena Ball, 30, of DeSoto, Texas, pleaded guilty before U.S. Magistrate Judge Paul D. Stickney to one count of conspiring to possess with intent to distribute a controlled substance (cocaine). She faces a maximum statutory penalty of 20 years in federal prison and a $1 million fine, and she will remain on bond pending sentencing, which is set for July 30, 2015.
Ball and 10 co-defendants were charged in a November 2014 indictment with various felony offenses, including conspiracy, drug trafficking, kidnapping, firearms offenses, witness intimidation/tampering, and records destruction, stemming from their involvement in a violent drug trafficking operation (DTO) that operated in South Dallas and the Dallas County Jail.
From September 23, 2013, to May 27, 2014, Ball was a Pretrial Bond/Electronic Monitoring Officer for the Dallas County Department of Criminal Justice. As part of her duties, she was assigned to monitor an inmate, co-defendant Patrick D. Lenard, 33.
Ball and Lenard were involved in a romantic relationship despite her position and despite the conflict this relationship created. Lenard convinced Ball to alter, modify or fail to report violations of his conditions of release. For example, Lenard was required to limit his travel to certain areas within Dallas to avoid contact with co-conspirators. Part of Ball’s responsibility was to review and identify locations Lenard visited as reflected in the GPS records from his monitoring bracelet. Ball, however, failed to report violations of these conditions by Lenard. In fact, Lenard violated his conditions of release by approaching, confronting and attempting to intimidate coconspirators and witnesses to a kidnaping.
From November 26, 2012, to approximately November 18, 2014, Lenard conducted and managed drug-trafficking activities form his jail cell in the Dallas County Jail. During that time, he called his co-conspirators, including Ball. On multiple occasions, Lenard and Ball had phone conversations regarding illegal narcotics transactions and money obtained from those transactions. Lenard instructed Ball to hide the drug proceeds, and in one conversation, Ball actively counted the drug proceeds. On some of the phone calls, other individuals were conferenced in and Lenard, Ball and the other individual would discuss illegal naracotics transactions and money obtained from those transactions.
Lenard, and another one of his girlfriends, Lashundra Rogers, 35, of Mesquite, Texas, are set for trial on July 13, 2015.
Other defendants charged in the conspiracy, including Juaquai Gregg, Joshua Smart, Shuntocqua Shine, Brandon Florence, a/k/a “Beetlejuice,” Christina Staton, Rory Minafee and Bonner Ray Tutson have pleaded guilty to their respective roles and are awaiting sentencing.
Another defendant, Rodney Wynn, 34, of Kaufman, Texas, was added to the State of Texas’s most wanted list in September 2014 and remains a fugitive.
The investigation is being led by the Texas Department of Public Safety (DPS), the Drug Enforcement Administration, the FBI and the Dallas Police Department.
Assistant U.S. Attorneys Errin Martin and P. J. Meitl are prosecuting.
Dallas Woman Who Stole Nearly $65,000 from Three Federal Agencies and Fled to Kentucky Where She Continued Her Thefts Is Sentenced to Serve A Total of 78 Months in Federal PrisonRead the Press Release
DALLAS — A 31-year-old woman, who stole nearly $65,000 from several federal programs, and in some instances, stole others’ identities to commit the thefts, was sentenced today, announced Acting U.S. Attorney John R. Parker of the Northern District of Texas.
Shakira Wells, who was a Dallas resident when she committed many of the offenses, was sentenced by U.S. District Judge Sam A. Lindsay to serve a total of 78 months in federal prison and ordered to pay $64,845 in restitution. Wells pleaded guilty in July 2014 to a superseding information charging one count of theft of government funds and one count of aggravated identity theft. She has been in custody since her arrest in December 2013 on charges outlined in a federal indictment returned by a grand jury in Dallas in July 2013.
According to documents filed in the case, from November 2011 through October 2012, Wells stole Social Security Administration Title II Auxiliary Insurance benefits paid to her for the use of three minor children. These children, however, were in the care and custody of other relatives while Wells received their benefits and converted the funds to her own use.
In or around the same time, Wells also received and improperly converted funds from the Supplemental Nutrition Assistance Program (SNAP) for these three children who were in the care and custody of other relatives.
Again, during the same approximate period, Wells also fraudulently received Federal Family Educational Loan Program (FFELP) funds and Pell Grants from the Department of Education in the name of S.C. Wells applied for and received those funds using S.C.’s identity, but converted the funds to her own use.
Following these offenses, Wells relocated to Lexington, Kentucky, and while there, she assumed other identities. In October 2013, Wells completed a rental application for residents and occupants, with the intent to deceive, by falsely representing the Social Security Number assigned to C.E., was in fact Wells’ Social Security Number. During a search of the apartment rented to her using C.E.’s identity, agents found evidence that Wells had assumed other identities and obtained student loans using those identities.
“Federal student aid exists so that individuals can pursue and make their dream of a higher education a reality. As the law enforcement arm of the U.S. Department of Education, ensuring that those who steal student aid or game the system for their own selfish purposes are stopped is a big part of our mission,” said Neil Sanchez, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Southwestern Regional Office. “I'm proud of the work of OIG agents and our law enforcement colleagues in holding Ms. Wells accountable for her criminal actions.”
The investigation was conducted by the U.S. Department of Education Office of Inspector General; Social Security Administration Office of the Inspector General; and the Office of Inspector General, Texas Health and Human Services. Special Assistant U.S. Attorney Nicole Dana prosecuted.
CPA and Former CFO of Service King LLC Is Sentenced to 36 Months in Federal Prison for Embezzling from EmployerRead the Press Release
DALLAS — A local Certified Public Accountant (CPA) was sentenced yesterday afternoon on a mail fraud conviction stemming from his embezzlement of funds from his employer, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Daniel L. Mangini, 61, of Southlake, Texas, was sentenced to 36 months in federal prison and ordered to pay $2,459,218.44 in restitution, which includes the victim’s attorney’s fees, investigative costs, and prejudgment interest, by U.S. District Judge Barbara M. G. Lynn. He must surrender to the Bureau of Prisons by May 5, 2015.
Mangini has also agreed to forfeit his Destin, Florida, residence to the government. While Mangini’s CPA license is not currently active, he agreed he will not oppose any disciplinary action by the Texas State Board of Accountancy related to or concerning his offense, nor practice in the financial sector or in the field of accounting.
According to documents filed in the case and evidence presented at sentencing, Mangini was the Chief Financial Officer at Service King LLC as well as the personal CPA to Service King’s owner, Edward Lennox. Starting in or about January 2006 and continuing until his resignation from Service King in February 2012, Mangini embezzled funds from Lennox. In particular, Mangini accessed Lennox’s computerized accounting system and printed or wrote unauthorized checks which were payable to Mangini’s personal creditors or himself from Lennox’s bank accounts. Mangini sent unauthorized checks for payment to his creditors through the U.S. Postal Service and initiated interstate wire transfers to move embezzled funds between financial entities for his own benefit and to conceal the true source of the proceeds. As a particular example, Mangini admitted in January 2012, he wrote a $40,000 check payable to American Express from one of Lennox’s accounts. Mangini admits the check was not authorized and that the money was embezzled from Lennox. To conceal the scheme, Mangini backdated the check by one year in Lennox’s records. The evidence at sentencing established that over the course of the scheme, Mangini embezzled more than $2 million from the victim.
The evidence at sentencing also established that Mangini made false representations in the course of obtaining a mortgage to purchase in part a luxury beachfront property in Destin, Florida. Through the use of civil forfeiture in the related case of United States v. 4662 Destiny Way, Destin, Florida, Case No. 3:14-CV-2134-P (N.D. Texas), and prejudgment remedies of the Federal Debt Collection Procedures Act in the criminal case to preserve assets before Mangini’s sentencing, the government secured $1.765 million for the victim. Prior to sentencing, the government collected more than $1.65 million from the sale of luxury real estate and goods, which will be immediately disbursed to the victim as restitution. Further, the government has restricted an additional $100,000 in financial and retirement accounts held by garnishees pending final orders.
The FBI investigated. Assistant U.S. Attorneys Melissa Childs and J. Nicholas Bunch prosecuted.
Three Floydada Men Face Federal Drug Distribution Conspiracy ChargesRead the Press Release
LUBBOCK, Texas — Three residents of Floydada, Texas, who were arrested on Friday by special agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), made their initial appearances in federal court this afternoon on drug distribution conspiracy charges outlined in a federal complaint that was just unsealed, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Victor Alaniz, 34, Michael Alaniz, 32, and Jonathan Molina, 22, each appeared this afternoon before U.S. Magistrate Judge Nancy M. Koenig, who ordered that they remain in custody pending further hearings set for Wednesday, April 15, 2015.
On April 9, 2015, law enforcement obtained a federal search warrant for 508 W. Lee Street and 510 W. Lee Street in Floydada. Victor Alaniz and a 9mm semi-automatic pistol were located inside 508 W. Lee Street.
Law enforcement located Michael Alaniz and Jonathan Molina inside 510 W. Lee Street. A search of that residence yielded approximately 54 grams of methamphetamine, approximately 25 grams of cocaine, and approximately 30 grams of cocaine base. Additionally, digital scales, plastic bags and writing consistent with a drug ledger were located in the residence. Jonathan Molina had nearly six grams of cocaine in his pocket.
A federal criminal complaint is a written statement of the essential facts of the offense charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. The penalty for the charged offense is not more than 20 years in federal prison and a $1 million fine.
The ATF and the Floydada County Sheriff’s Office are investigating. Assistant U.S. Attorney Jeffrey R. Haag is in charge of the prosecution.
Lubbock Man Sentenced to 87 Months in Federal Prison for Possessing Prepubescent Child PornographyRead the Press Release
LUBBOCK, Texas — A 55-year-old Lubbock man, who admitted possessing prepubescent child pornography, was sentenced today, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Roberto Garcia was sentenced by U.S. District Judge Sam R. Cummings to 87 months in federal prison. Garcia, who has been on bond, was ordered to surrender to the Bureau of Prisons on May 15, 2015.
According to plea documents filed in the case, Garcia used a computer at his residence to, among other things, search for images and videos of child pornography. In the course of his searches, Garcia located, downloaded and viewed numerous images and videos constituting child pornography. He saved the material onto the computer’s hard disk drive. Some of the numerous images of child pornography that Garcia saved involved prepubescent minors.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
Former Carrollton, Texas, Man Who Worked as A Long-Haul Truck Driver, Sentenced to 20 Years in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — A 35-year-old long haul truck driver, who most recently resided in Carrollton, Texas, was sentenced this morning on a child pornography conviction, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
James Marshall Thomas was sentenced by U.S. District Judge Sidney A. Fitzwater to 20 years in federal prison to be followed by a lifetime of supervised release. Thomas pleaded guilty in November 2014 to one count of transportation of child pornography; he has been in custody since his arrest in September 2014.
According to documents filed in the case, the National Center for Missing and Exploited Children received a cybertip in June 2012 that an individual, later identified as Thomas, had emailed images of child pornography to another specific email address. While a federal search warrant was being drafted, FBI special agents discovered that Thomas had moved out of his apartment in Carrollton and that he worked as a cross-country truck driver.
Approximately two years later, FBI special agents located Thomas at a freight delivery destination. He gave them permission to search his laptop computer where agents discovered that he had responded to an advertisement on Craigslist by stating, in part, “pedo perv here.” They also discovered child pornography on the laptop and seized it, as well as a thumb drive.
A forensic analysis revealed that Thomas had searched for child pornography using various search terms indicative of raping young boys. In addition, Skype artifacts were also located that included chat logs of other like-minded individuals discussing the rape of young boys. Thomas also used Skype to receive and transport files of child pornography on multiple occasions. The analysis further revealed that Thomas had accessed several child pornography videos of prepubescent children. In all, approximately 400 images and 28 videos of child pornography, including sadistic acts involving minors, were located on his computer and thumb drive.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI investigated. Assistant U.S. Attorney Camille Sparks prosecuted.
Lubbock Man Sentenced to 78 Months in Federal Prison for Possessing Child PornographyRead the Press Release
LUBBOCK, Texas — A 58-year-old Lubbock, Texas, man, who admitted possessing child pornography, was sentenced this morning, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Rassie Cleveland Martin was sentenced to 78 months in federal prison by U.S. District Judge Sam R. Cummings. Martin must surrender to the Bureau of Prisons by May 15, 2015.
According to plea documents filed in the case, Martin used a desktop computer at his residence to search the Internet for images and videos of child pornography. He searched with the intent of locating material depicting minors engaging in sexually explicit conduct, and in the course of searching for this material, located, downloaded, and viewed numerous images and videos constituting child pornography.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
Former Instructor at Big Spring Correctional Center Sentenced to Six Months in Federal Prison and Remanded into CustodyRead the Press Release
LUBBOCK, Texas — A former instructor at the Big Spring Correctional Center (BSCC), who admitted smuggling contraband into the facility, selling it, and then lying about it to federal investigators, was sentenced today, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Ronald Craig Maxwell, 44, of Big Spring, Texas, was sentenced to six months in federal prison this morning by U.S. District Judge Sam R. Cummings. Maxwell pleaded guilty in October 2014 to an Information charging one count of making false statements and aiding and abetting. Judge Cummings remanded Maxwell to the custody of the U.S. Marshal following this morning’s hearing.
In a related case, BSCC inmate, Lorenzo Salgado, 53, pleaded guilty to one count of misprision of a felony and was sentenced last month to serve six months in prison on the conviction. Salgado admitted he concealed the fact that Maxwell smuggled contraband in to him.
According to documents filed in the cases, on July 31, 2013, BSCC officials conducted a search of Maxwell’s office in the prison and discovered 30 packs of tobacco. Maxwell was a contract teacher from Howard College who taught at BSCC. Salgado was one of his students.
On August 2, 2013, Special Agents with the Office of the Inspector General (OIG), Investigations Division, Department of Justice, interviewed Maxwell, who denied that he had smuggled any contraband into the prison or received any money, or anything else, from inmates or family or friends of inmates. Instead, Maxwell stated that he had smuggled tobacco out of the BSCC when bags of what he believed to be marijuana or tobacco dropped from the ceiling into his office at the prison.
Further investigation revealed that several inmates had established a relationship with Maxwell, and that he was smuggling contraband to them in exchange for money. Maxwell eventually confessed that he had intentionally provided a false statement to the OIG Special Agents, and he admitted that he had indeed smuggled tobacco and alcohol into the BSCC for inmate Salgado. He further stated that he had smuggled alcohol and approximately 150-200 bags of Buglar tobacco, and he was paid at least $4,500 for the contraband.
The Department of Justice Office OIG conducted the investigation. Assistant U.S. Attorney Paulina Jacobo prosecuted.
Dallas Woman Faces up to 15 Years in Federal Prison After Jury Finds She Lied in Bankruptcy FilingsRead the Press Release
DALLAS — Following a two-day trial before U.S. District Judge Sam A. Lindsay, a federal jury has convicted a Dallas woman on three felony offenses stemming from bankruptcy petitions she filed, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Julie Grant, a/k/a Juliana Jacobs Grant, Juliana Okwue Jacobs Grant and Juliana Okwuenu, 49, was convicted on three counts of making false statements under penalty of perjury. Each count carries a maximum statutory penalty of five years in federal prison and a $250,000 fine. Grant, who was placed on electronic monitoring, is scheduled to be sentenced by Judge Lindsay on September 21, 2015.
Grant, using two different Social Security Numbers, filed voluntary bankruptcy petitions on October 3, 2008, March 2, 2009, July 6, 2009, December 16, 2009, and August 9, 2011. In some of the petitions, Grant was represented by counsel, and in some, she acted pro se (without counsel.)
The government presented evidence that in the August 9, 2011, petition, Grant fraudulently concealed two bankruptcy cases she filed in the Northern District of Texas in October 2008 and March 2009. Grant also falsely stated in the December 16, 2009, petition and the August 9, 2011, petition, that she had only used one Social Security Number, when, in fact, she had used at least one other Social Security Number in other bankruptcy petitions that she knew she was obligated to disclose.
This case is one of several felony prosecutions of bankruptcy-related crimes generated by the recent Bankruptcy Fraud Initiative within the Northern District of Texas. As an example, in late January 2015, a Waxahachie, Texas, man, James Derek Howard, was sentenced to one year and one day in federal prison and was ordered to pay restitution after he pleaded guilty to a bankruptcy fraud offense.
Since May 2013, nine debtors have been charged in the district with various felony offenses, and to date, seven of these defendants have been convicted. One defendant is awaiting trial and one defendant remains a fugitive.
The Office of the Inspector General, Social Security Administration investigated. Assistant U.S. Attorney David Jarvis prosecuted.
Convicted Sex Predator Sentenced to 180 Years in Federal PrisonRead the Press Release
DALLAS — Timothy Rinehart, 36, of Dallas, was sentenced today by U.S. District Judge Jane J. Boyle to serve a total of 180 years in federal prison, following his guilty plea in August 2014 to a superseding indictment charging a multitude of child pornography offenses, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Specifically, Judge Boyle sentenced Rinehart to the maximum statutory sentence for each of his counts of conviction. Rinehart pleaded guilty to one count of production of child pornography, one count of attempted transportation of child pornography, one count of transportation of child pornography, two counts of possession of child pornography, and one count of a registered sex offender committing a felony offense involving a minor.
A convicted sex offender, Rinehart was sentenced to 51 months in federal prison in August 2006, after pleading guilty to one count of possession of child pornography in the Eastern District of Texas.
In April 2012, Rinehart used John Doe, a four-year-old male minor, to engage in sexually explicit conduct and then used his cell phone to take photos of that conduct. In late May 2012, Rinehart used his computer, the Internet and peer-to-peer file sharing to share images of minor boys engaged in sexually explicit conduct. In early May 2013, Rinehart again used peer-to-peer file sharing to share images of minors engaging in sexually explicit conduct. On October 5, 2012, Rinehart possessed a cell phone and an external hard drive that each contained images of minors involved in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI investigated. Assistant U.S. Attorney Camille Sparks prosecuted.
Federal Jury Convicts Colleyville, Texas Man in Nearly $4 Million Wind Farm Investment ScamRead the Press Release
DALLAS — Following a seven-day trial before U.S. District Judge Barbara M. G. Lynn, a federal jury has convicted David Lyman Spalding of Colleyville, Texas, on all counts of a superseding indictment charging various offenses related to a wind farm investment scam he ran, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Specifically, the jury convicted Spalding, 62, on two counts of wire fraud, one count of mail fraud, two counts of making false testimony under oath in a bankruptcy proceeding and one count of making a false statement in a bankruptcy case. Each of the fraud counts carries a maximum statutory sentence of 20 years in federal prison and a $250,000 fine; every other count carries a maximum statutory penalty of five years in federal prison and a $250,000 fine. In addition, Spalding could be ordered to forfeit a money judgment in the amount of the fraud as well as his residence located on Spring Garden Drive in Colleyville. He will remain on bond pending sentencing, which is set for July 29, 2015, before Judge Lynn.
The government presented evidence at trial that from at least 2003 and continuing through approximately April 2011, Spalding raised approximately $3.7 million from 97 investors in 11 states. Spalding made false representations to get investors to invest in promissory notes issued by Wind Plus, Inc. and Baseload Energy LLC and diverted the funds for his own benefit, to include purchasing real estate and extensive international travel not related to either Wind Plus or Baseload.
When Spalding filed bankruptcy in November 2009 for Wind Plus Inc. and Wind Plus Holdings Inc., he continued to solicit investors for Baseload energy, promising that funds would be used to build infrastructure for renewable energy projects. He also represented that the changes in management were for business purposes when in fact the staff had quit Wind Plus because they were not paid. As part of his fraud, Spalding also represented that investors would be repaid their investments, within varying timeframes from 60 days to one year, when in fact, Spalding did not repay investors within any of the specified timeframes.
The government presented additional evidence that in the Wind Plus bankruptcy case, Spalding falsely testified under oath about the number of individuals who were note holders as well as the amount of distributions and withdrawals he had taken.
The FBI investigated. Assistant U.S. Attorney Chris Stokes and Special Assistant U.S. Attorney Dan Gividen are prosecuting.
Abilene Man Admits Possessing Prepubescent Child PornographyRead the Press Release
ABILENE, Texas — Charles Coci, 26, of Abilene, Texas, appeared today in federal court before U.S. Magistrate Judge E. Scott Frost and pleaded guilty to one count of possession of prepubescent child pornography, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Coci, who is on bond, faces a maximum statutory penalty of 20 years in federal prison, a $250,000 fine and a lifetime of supervised release. Sentencing will be set at a later date.
According to documents filed in the case, Coci used a laptop computer at his residence to search the Internet for images and videos of child pornography. In the course of searching for this material, Coci located, downloaded and viewed numerous images and videos constituting child pornography, and some of those images involved prepubescent minors engaging in sexually explicit conduct.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Abilene Police Department and the U.S. Air Force Office of Special Investigations investigated the case. Assistant U.S. Attorney Steven M. Sucsy of the U.S. Attorney’s Office in Lubbock, Texas, is in charge of the prosecution.
Woman Who Had More Than 160 Pounds of Marijuana in Rental Car Is Sentenced to 24 Months in Federal Prison on Federal Drug Distribution ConvictionRead the Press Release
LUBBOCK, Texas — A woman who was found to have more than 160 pounds of marijuana in her rental car on Christmas Day 2013, was sentenced today by U.S. District Judge Sam R. Cummings to 24 months in federal prison, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Christini Lynn Brashear, 45, of Rocklin, California, pleaded guilty in November 2014 to an indictment charging one count of possession with intent to distribute marijuana. Today, Judge Cummings ordered that she surrender to the Bureau of Prisons on May 8, 2015.
According to documents filed in the case, on December 25, 2013, the Abilene Police Department received multiple calls regarding a small sport utility vehicle that was on Interstate 20 traveling east at approximately five miles per hour. Officers located the vehicle and found it parked on the shoulder of the highway with Brashear asleep at the wheel. Officers called for emergency medical assistance for Brashear and advised her she was being taken to the hospital. She consented to an officer driving her car to the hospital to avoid having it towed, and she admitted using and possessing methamphetamine, which she turned over to the officers.
The officer driving Brashear’s vehicle noticed a strong odor of marijuana coming from inside the vehicle and later confirmed that the smell was coming from several duffle bags in the back that contained approximately 166 pounds of marijuana, individually bagged in one-pound clear plastic bags. The vehicle also contained multiple cell phones, two road atlases, and a note pad with hand-written directions to Houston, Texas. Rental papers for the vehicle show that it was rented to Brashear in Sacramento, California, on December 22, 2013, and it was due back to that location on December 26, 2013.
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Abilene Police Department investigated. Deputy Criminal Chief Assistant U.S. Attorney Denise Williams prosecuted.
Dallas County Man Sentenced to 46 Months in Federal Prison for Role in Hydrocodone and Alprazolam Distribution Conspiracy That Operated in Abilene, Lubbock and DallasRead the Press Release
LUBBOCK, Texas — A Balch Springs, Texas, man who, along with his three co-defendants, pleaded guilty to their roles in a hydrocodone and alprazolam distribution conspiracy, was sentenced today, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
John Conte Smith, a/k/a “Leo,” 35, of Balch Springs, Texas, was sentenced today by U.S. District Judge Sam R. Cummings to 46 months in federal prison. Smith, who has been in custody since his arrest, along with Dallas residents, Crystal Nicole Burks, 30; Keith Deon Noel, 36; and Lee Santrell Boston, 35; each pleaded guilty, in November 2014 to one count of conspiracy to distribute and possess with intent to distribute hydrocodone and alprazolam.
According to plea documents filed in the case, from approximately February 2014 to July 2014, in the Abilene, Lubbock, and Dallas Divisions of the Northern District of Texas, Smith, Burks, Noel, and Boston conspired together, and with others, to distribute and possess with intent to distribute hydrocodone, a Schedule III, and alprazolam, a Schedule IV, controlled substance.
Smith provided others in the conspiracy prescriptions on genuine prescription forms from medical facilities with the names of actual physicians at those facilities, but with fictitious patient names. Other co-conspirators then took the prescriptions to pharmacies to have them filled, eventually taking the controlled substances back to Smith who kept some for himself and sold the remainder.
On February 2, 2014, Burks’ boyfriend was arrested for passing forged prescriptions for her. After his arrest, Burks began passing the forged prescriptions, or using others to pass them, for Smith in the Dallas area. In May 2014, Smith directed Burks to pass forged prescriptions in the Lubbock and Abilene areas, and Burks had her brother-in-law, Noel, drive her on the trip. Before they left Dallas, Burks and Noel went to a location near downtown Dallas and recruited a homeless person, Boston, to go with them. The three left Dallas and drove to Lubbock on May 20, 2014.
The next day, Burks and Noel drove Boston to several pharmacies in Lubbock where he passed forged prescriptions that Burks had given him and paid for the prescriptions with money she had given him. Boston turned over the filled prescriptions and the change to Burks.
Burks, Noel and Boston drove to Abilene the next day, May 22, 2014, where, after passing forged prescriptions, they were arrested by officers with the Abilene Police Department.
A search warrant was executed at Smith’s home on July 2, 2014, and law enforcement located filled prescriptions for hydrocodone and alprazolam for persons other than Smith, as well as prepared prescription forms in other people’s names that had not yet been passed. Officers also found a 9mm semiautomatic pistol and ammunition in the nightstand by Smith’s bed.
Burks and Noel are scheduled to be sentenced on April 17, 2015. Boston is scheduled to be sentenced on May 15, 2015.
The FBI and the Abilene Police Department investigated. Deputy Criminal Chief Assistant U.S. Attorney Denise Williams prosecuted.
Defendant Sentenced to Serve 48 Months in Federal Prison and Pay Millions in Restitution for Violating the CAN-SPAM ActRead the Press Release
DALLAS —Milos Vujanic, 34, who was convicted for his role in what U.S. District Judge Sidney A. Fitzwater previously called “a massive, complicated, multi-year scheme to defraud a large number of victims,” was sentenced this week to 48 months in federal prison and ordered to pay approximately $17.3 million in restitution. Acting U.S. Attorney John Parker, of the Northern District of Texas, made the announcement today.
Vujanic pleaded guilty in December 2014 to a superseding information charging one count of fraud and related activity in connection with electronic mail (CAN-SPAM Act).
A citizen of Serbia, Vujanic was arrested in May 2012, in Paris, France. After a lengthy extradition process, Vujanic first appeared in the U.S. District Court in the Northern District of Texas in April 2014.
Nineteen defendants were originally charged in this massive telecommunications fraud conspiracy. Two of the defendants, Nathan Todd Shafer, 32, of Irving, Texas, and Matthew Norman Simpson, 26, of Red Oak, Texas, were convicted in December 2011 following a 10-week trial before Judge Fitzwater.
Simpson was sentenced to 40 years in federal prison and ordered to pay restitution of approximately $17.6 million and a forfeiture money judgment of the same amount. In addition, the Court also forfeited specific assets such as precious metal certificates worth approximately $3 million and additional cash and computer equipment worth an additional $2 million. Simpson was convicted on one count of conspiracy to commit wire fraud and mail fraud, one count of fraud and related activity in connection with electronic mail, one count of obstruction through destruction of evidence and one count of false registration of a domain name. Additionally, shortly after Simpson’s conviction at trial, the Court entered an order finding that Simpson committed perjury during his testimony.
Shafer, who was convicted on one count of conspiracy to commit wire fraud and mail fraud, was sentenced to nine years in federal prison and ordered to pay approximately $3.3 million in restitution as well as a forfeiture money judgment of the same amount.
Michael Blaine Faulkner, of Southlake, Texas, was sentenced to 30 years in federal prison and ordered to pay approximately $18.2 million in restitution, a forfeiture money judgment of the same amount, and forfeit a host of computer equipment. Faulkner pleaded guilty in October 2011 to one count of conspiracy to commit wire and mail fraud and one count of obstruction through hiding assets. His wife, Chasity Lynn Faulkner, who also pleaded guilty in October 2011 to one count of conspiracy to commit electronic mail, postal mail and wire fraud, and was sentenced to 60 months in federal prison.
According to documents filed in the case Michael and Chasity Faulkner fled to Mexico in 2009 after they learned of the FBI’s investigation into their activities. They lived in Mexico, under assumed aliases, until January 2010 when they were arrested and returned to the U.S. to face charges.
One defendant remains a fugitive and is believed to be living outside of the U.S. Two defendants were acquitted at trial. Of the remaining defendants, all have pleaded guilty and been sentenced.
In March and April 2009, the FBI executed numerous search and seizure warrants at locations including the Faulkner’s residence in Southlake, Faulkner’s business known as Crydon located at 1950 Stemmons Freeway in Dallas, Matthew Simpson’s residence, a business operated by Simpson known as Core IP located at 2323 Bryant Street in Dallas, and at other related businesses.
During trial, the government presented evidence that Shafer, Simpson and their coconspirators conspired to defraud various telecommunications companies including AT&T; Verizon; XO Communications; Excel Communications; Waymark Communications; Bandwidth.com; CommPartners; the lessors of properties at 2020 Live Oak, 2323 Bryan Street and 1950 Stemmons Freeway in Dallas; leasing companies and creditors, including Wells Fargo and AT&T Capital Services; credit reporting agencies; and various other service providers, such as power companies, insurance companies, air-conditioning companies, and web site developers and others for goods and services amounting to more than $20 million.
The conspirators also made false representations to obtain goods, such as computers and telecommunications equipment and infrastructure, to include racks to hold computer equipment, generators to provide power for the equipment, and office space to install the equipment, as well as services related to the operation and use of computers and telecommunications. The conspirators created, purchased and used shell companies to hide the identity of the owners or operators of the companies, or the relationships between the companies. The conspirators paid persons including homeless persons for the use of their identities to “act” as the officers, directors or managers of the shell companies. They also used P.O. Boxes, commercial remailer services, shell offices, apartments or other physical locations to hide owners’ or operators’ identities or the relationships between the companies. They assumed other identities to hide true ownership of the shell companies and made materially false representations to their victims, by mail, fax, telephone, email or other communications, to obtain goods and services from them. In addition, the coconspirators ran a data center that provided a safe haven for those engaged in the sending of SPAM, hiding the senders’ information from law enforcement and other regulators. Vujanic worked for Faulkner and he assisted in the SPAM fraud by 1) ensuring the networking equipment and computers were operational, 2) setting up the telephone systems in the office; 3) providing false information to creditors; 4) providing false information to regulators such as ARIN (American Registry of Internet Numbers); and 5) providing false information to customers and suppliers.
The case was investigated by the FBI, with assistance from the Texas Workforce Commission, the Texas Secretary of State, the Dallas Police Department, the Southlake Police Department, Dallas Sheriff’s Office, Ellis County Sheriff’s Office, the Duncanville Police Department, the Longview Police Department, the New Orleans Police Department, the American Registry for Internet Numbers (ARIN), the Federal Trade Commission, the Federal Communication Commission and various state public utility commissions.
Department of Justice Announces Investigation of the Dallas County Truancy Court and Juvenile District CourtsRead the Press Release
WASHINGTON – The Justice Department announced today that it has opened an investigation of Dallas County, Texas’s Truancy Court and Juvenile District Courts. The investigation will focus on whether the courts provide constitutionally required due process to all children charged with the criminal offense of failure to attend school, including whether those protections apply to children whom the county charges with contempt. The investigation will also focus on whether the courts provide meaningful access to the judicial process for children with disabilities.
“Failure to attend school” is a criminal charge under Texas law that is the equivalent of the juvenile status offense of “truancy.” Based on the department’s preliminary review, it believes that the county prosecuted approximately 20,000 failure to attend school cases in 2014.
“The Constitution’s guarantee of due process applies to every individual, regardless of age or disability,” said Attorney General Eric Holder. “This investigation continues the Justice Department’s focus on identifying and eliminating entryways to the school-to-prison pipeline, and illustrates the potential of federal civil rights law to protect the rights of vulnerable children facing life-altering circumstances. As the investigation moves forward, the Department of Justice will work to ensure that actions of Dallas County’s courts are appropriate; that our constitutional protections are respected; and that the children of Dallas County can receive the meaningful access to justice that all Americans deserve.”
“Ensuring that children’s rights under the Constitution and federal law are protected during the court process is a key step to dismantling the school-to-prison pipeline,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division. “We hope to work cooperatively with the county in determining whether it has taken steps to ensure that its juvenile and criminal courts fully respect the rights of the children who come before them.”
“Ensuring that the children of Dallas County appearing before these courts are afforded the full protections afforded them under our constitution is essential to increasing the public’s confidence in the juvenile justice system,” said Acting U.S. Attorney John Parker of the Northern District of Texas.
This investigation will include a comprehensive review of policies, procedures, court documents and statistical data, as well as interviews of individuals knowledgeable about the courts’ processes.
The department will conduct the investigation using its authority under Section 14141 of the Violent Crime Control and Law Enforcement Act of 1994 and Title II of the Americans with Disabilities Act. Section 14141 prohibits a pattern or practice of deprivation of civil rights for juveniles in the administration of juvenile justice. Title II of the Americans with Disabilities Act prohibits discrimination against a qualified individual with a disability in many contexts, including the administration of justice. The department has conducted similar investigations in other jurisdictions, and in 2012 obtained important reforms following its investigation of the Juvenile Court of Memphis and Shelby County, Tennessee.
The Special Litigation Section of the Civil Rights Division is conducting this investigation. Individuals with relevant information are encouraged to contact the department via email at community.dallascounty@usdoj.gov or by phone at 1-855-258-1433.
Lubbock Man Sentenced to 121 Months in Federal Prison for Possessing Prepubescent Child PornographyRead the Press Release
LUBBOCK, Texas — A 44 year-old Lubbock, Texas, resident, Eduardo Cantillo, was sentenced today by U.S. District Judge Sam R. Cummings to 121 months in federal prison, following his guilty plea in December 2014 to one count of possession of prepubescent child pornography, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
According to plea documents filed in the case, Cantillo used a computer at his residence to search the Internet for images and videos of child pornography. In the course of those searches, Cantillo located, downloaded and viewed numerous images and videos constituting child pornography. Cantillo also saved some of the material onto a thumb drive. Some of the images involved prepubescent minors.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Steven M. Sucsy prosecuted.
Arlington Woman in Custody and Charged with Bank RobberyRead the Press Release
FORT WORTH, Texas — An Arlington, Texas, woman, whom the FBI believes is the “Black Hoodie Bandit,” and responsible for a number of bank robberies in several Dallas/Fort Worth (DFW) metroplex cities since November 2014, has been arrested and charged in a federal criminal complaint with bank robbery. John Parker, Acting U.S. Attorney for the Northern District of Texas, and Thomas M. Class, Sr., Special Agent in Charge of FBI Dallas, made today’s announcement.
Dana Campbell, 37, was arrested on Monday, March 23, 2015, following a traffic stop by an officer with the Arlington Police Department who had determined she was wanted for several misdemeanor traffic warrants. A black jacket with a plaid lined hood was lying on the front passenger seat of her vehicle. A handwritten note that read, “This is a robbery. I don’t want to hurt anyone” was in one of the jacket’s pockets. Pursuant to a search warrant, detectives found dark sunglasses, black gloves, a black beanie hat with brim and a black leather purse with metal studs, and a note that read, “This is a robbery.” Officers also located a ledger in her vehicle with the dates and addresses of various banks in the DFW area that had been robbed within the past four months. All of the dates in the ledger correspond to actual bank robberies that occurred in the DFW area.
The “Black Hoodie Bandit” had been a suspect in 10 separate robberies, nine of which were at First Convenience Banks (FCB) and one at a Woodforest National Bank. At every robbery, she was described as a black female, short in stature and weighing approximately 150 lbs. In each robbery, she wore dark sunglasses, black gloves, back legging and white tennis shoes. She wore at least three different hooded jackets, two of which were black and the other gray. She always carried a purse and in one robbery, that purse was described as black with metal decorative studs on the outside.
FCB had placed posters with photos from the various robberies at the entrances of all their branches, and all FCB employees were on alert for a potential robbery.
On March 10, 2015, at approximately 1:30 p.m., a teller at the FCB inside the Kroger located at 2475 Ascension Blvd. in Arlington, noted the woman, later identified as Campbell, approach another teller station. The teller noted the woman was wearing a beanie cap, dark sunglasses, a black hooded jacket and black gloves. This teller’s customer looked at the robber, and then over to one of the large posters, and said, “Are you the one who has been robbing all the banks?” Before leaving the bank rapidly, the customer warned the tellers that they were about to be robbed. The robber then told one of the tellers to “give me all the money” and “hurry up.” The robber was given money from a cash drawer; she took it and fled the bank.
On March 23, 2015, at approximately 11:00 a.m., a woman matching the description of the “Black Hoodie Bandit” entered the Kroger store at 2210 S. Fielder Road in Arlington, where an FCB branch was located. Two FCB employees standing near the entrance greeting customers saw the woman and recognized her as the robber. The woman hurriedly walked past them, down an aisle and out of the store. Observers saw her walk to a gray sedan and drive away. Officers with the Arlington Police Department were able to stop the car, and Campbell was identified as the driver.
Campbell made her initial appearance in federal court in Fort Worth this morning before U.S. Magistrate Jeffrey L. Cureton. She will remain in federal custody pending a preliminary and detention hearing set for April 1, 2015.
A federal complaint is a written statement of the essential facts of the offenses charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. If convicted of this offense, however, Campbell faces a maximum statutory penalty of 20 years in federal prison and a $250,000 fine. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment.
The FBI and the Arlington, Grand Prairie, Irving, Mansfield, McKinney and Mesquite Police Departments are investigating. Assistant U.S. Attorney John Bradford is in charge of the prosecution.
Twenty-Three Individuals Charged in A Prescription Drug Distribution ConspiracyRead the Press Release
DALLAS — An indictment returned by a federal grand jury in Dallas last month, and unsealed late yesterday, charges 23 individuals with offenses related to their participation in a prescription drug distribution conspiracy, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
The defendants charged are:
Sina Athari, 24, of Houston, Texas
Shane Barron, 27, of Austin, Texas
Carolina Giselle Berrio, a/k/a “Carolina Slocum Berrio” and “Karrie,” 36, of Lafayette, Louisiana
Angela Moore Booth, 48, of Lafayette, Louisiana
Earl Cain, 53, of Houston, Texas
Glenda Cane, 46, of Houston, Texas
Lashavia Syneice Denson, a/k/a “Shae Denson” and “Shay Denson,” 26, of Houston, Texas
Jason Edgecombe, 38, of Houston, Texas
Darlene Viola Fortenberry, 69, of Houston, Texas
Bertha Alicia Garcia, 49, of Houston, Texas
Tony Sue Griggs, 34, of Dallas, Texas
William Hopkins, a/k/a “New York,” 53, of Dallas, Texas
Fahim Ahmed Khan, 57, of Houston, Texas
Candis O’Shaea Lewis, 29, of Dallas, Texas
Patrick Moore, a/k/a/ “Crowley,” 23, of Lafayette, Louisiana
Ivery Myers, 63, of Houston, Texas
Taneisha Nicole Nickerson, a/k/a “Nookie,” 28, of Houston, Texas
Cornelius Delshun Robinson, a/k/a “Tadow,” 36, of Houston, Texas
Shalisa Shaunta Robinson, a/k/a “Shalisa Speed,” 29, of Houston, Texas
Markii Josett Shular, 30, of Dallas, Texas
Tasmin Jamal Stewart, a/k/a “Taz,” 30, of Baton Rouge, Louisiana
Muhammad Taylor, 32 of Houston, Texas
Cy Viator, 32, of Houston, Texas
Twenty-one of the 23 defendants have been taken into custody in Texas and Louisiana. Each indicted defendant is charged with one count of conspiracy to distribute a controlled substance. Nineteen of the defendants are also charged with unlawful use of a communication facility.
The indictment alleges that from at least May 2013 through July 2014, these individuals participated in a scheme to illicitly obtain prescriptions for pain medications, such as oxycodone and hydrocodone, and then distribute those controlled substances for profit. As part of the conspiracy, individuals, often homeless or of limited means, were recruited and paid a fee to pose as patients at medical clinics, including the McAllen Medical Clinic in Dallas, to obtain prescriptions and to fill those prescriptions at designated pharmacies. The organizers, sometimes referred to as “script ring leaders,” paid the recruits, the costs of the clinic visits, and the costs to fill the prescriptions. The script ring leaders then obtained the pharmaceuticals and distributed them for profit in Dallas, Austin, Houston and Louisiana.
A federal indictment is an accusation by a grand jury. A defendant is entitled to the presumption of innocence unless proven guilty. The maximum statutory penalty for the offense charged in Count 1 is 20 years in federal prison and a $1 million fine. The maximum statutory penalty for each of the offenses charged in Counts 2-27 is four years in federal prison and a $250,000 fine.
The investigation is being conducted by the Drug Enforcement Administration, with assistance from the Texas Department of Public Safety, the Louisiana State Police, the Grand Prairie Police Department, the Dallas Police Department, the Houston Police Department, the Arlington Police Department, the Greenville Police Department, the Parker County Sheriff’s Office, the U.S. Marshal’s Service, the U.S. Postal Inspection Service, and the Diplomatic Security Service.
Assistant U.S. Attorney Mary Walters is prosecuting the case.
Female Bank Robber Faces Federal ChargeRead the Press Release
LUBBOCK, Texas — Starlene Delacruz, 31, of Lubbock, Texas, has been charged in a federal complaint with robbing the Prosperity Bank on University Avenue in Lubbock on Friday, March 13, 2015, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Delacruz, who is in custody, made her initial appearance in federal court this afternoon in Lubbock, before U.S. Magistrate Judge Nancy M. Koenig.
According to the complaint filed, on March 13, 2015, at approximately 10:30 a.m., the Prosperity Bank located at 8232 University Avenue in Lubbock was robbed by a female wearing a white knit shirt, blue jeans and sunglasses. The robber, later identified as Delacruz, approached one of the tellers and placed a straw woven purse on top of the counter. Delacruz then stated, “I don’t want to freak anybody out, but my dad is waiting and if we don’t fill this up with all your money, then there are bombs and this will all blow up.” In response, the teller placed funds from her till into Delacruz’s bag. Delacruz then left the bank.
Following the robbery, an image of the bank robber, taken from video surveillance at the bank, was released to the media. An employee of Damron Motorcycle Company, located on South Loop 289 in Lubbock saw the released image at approximately 4:45 p.m. that afternoon. At approximately 5:05 p.m., a woman entered the dealership, and an employee thought she matched the image of the individual who had robbed the bank that morning. The employee contacted the Lubbock Police Department who dispatched officers to the dealership, where Delacruz was arrested.
A federal complaint is a written statement of the essential facts of the offenses charged, and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. If convicted of this offense, however, Delacruz faces a maximum statutory penalty of not more than 20 years in federal prison, and a $250,000 fine. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment.
The FBI and the Lubbock Police Department are investigating. Assistant U.S. Attorney Jeffrey Haag is in charge of the prosecution.
Cedar Hill Man Sentenced to 72 Months in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — A 32-year-old Cedar Hill, Texas man, Michael Stratton, who pleaded guilty in June 2014 to an Information charging one count of receipt of child pornography, was sentenced this morning by U.S. District Judge Ed Kinkeade to 72 months in federal prison. The announcement was made today by John Parker, Acting U.S. Attorney for the Northern District of Texas.
Stratton was ordered to surrender to the Bureau of Prisons on April 22, 2015.
According to documents filed in the case, the investigation began in October 2013 while a detective with the Sherman, Texas, Police Department was investigating individuals using a specific file-sharing program and the internet to receive and distribute child pornography. The investigation linked Stratton to a computer that had made available to share images and videos of child pornography. Special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) executed a search warrant at Stratton’s home and seized a laptop computer, camera, hard drives and a thumb drive.
Stratton admitted that he had been using the file-sharing network to view and download images and videos of child pornography since 2009. He further admitted that his collection was mostly of prepubescent children.
An analysis revealed more than 180 videos and 20 images of child pornography on Stratton’s computer, hard drives and thumb drive. Included in the collection were nine videos of sado-masochistic conduct and at least one depicting infants or toddlers.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about Internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
ICE HSI and the Sherman Police Department investigated the case. Assistant U.S. Attorney Camille Sparks prosecuted.
Dallas Woman Admits Role in March 2014 Overdose Death of Dallas TeenagerRead the Press Release
DALLAS — A 27-year-old Dallas woman appeared in federal court this morning before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to a felony drug offense stemming from her role in the March 2014 heroin overdose death of a Dallas teenage girl, Rian Lashley, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Cierra Allyn Rounds pleaded guilty to one count of conspiracy to possess with the intent to distribute a controlled substance. She faces a maximum statutory sentence of 20 years in federal prison and a $1 million fine. Rounds remains in custody pending sentencing, which is set for September 8, 2015, before U.S. District Judge Sam A. Lindsay.
A federal grand jury in Dallas returned a three count indictment in September 2014 charging Rounds and her two co-defendants, Glen William Brunton, 28, and Kathryn Grace Dirks, 25, each with one count of conspiracy to possess with intent to distribute a controlled substance (heroin); one count of possession of a controlled substance with intent to distribute, the use of said substance resulting in the death and serious bodily injury of Rian Lashley; and one count of distribution of a controlled substance (heroin), the use of said substance resulting in the death and serious bodily injury of Rian Lashley. Brunton is set for trial before Judge Lindsay on April 6, 2015; Dirks remains a fugitive.
According to plea documents filed in the case, during the early morning hours of March 25, 2014, Rounds and Brunton traveled from a residence in Dallas to an IHOP restaurant in Plano, Texas. After arriving at the restaurant, Rounds and Brunton joined Dirks, a local heroin distributor known as “J.C.,” and Lashley at a booth, and the group at breakfast together. While sitting in the booth, Rounds and the others became aware that Lashley possessed a large sum of money, approximately $3,000, a cell phone and an iPad.
Rounds admitted that later that morning, in the IHOP parking lot, J.C. delivered five baggies of “China White” heroin to Brunton and that Brunton subsequently distributed the heroin to Lashley in exchange for $100 cash. Rounds and the others learned through conversations with Lashley that she had never used heroin prior to that day. After acquiring the heroin, Rounds, Dirks and Lashley left the IHOP in Lashley’s vehicle, and they traveled to a residence in Dallas where Rounds was living. J.C. and Brunton departed the IHOP in a separate vehicle.
While traveling to the Dallas residence, Rounds used Lashley's cell phone to send a series of text messages to J.C., including their proximity to the residence and a text message advising J.C. that “…I figured ud want me on this money.” Rounds admitted that when she sent this message to J.C. she was notifying him that she understood that she was to attempt to steal the money Lashley possessed and turn it over to J.C. As Rounds and the others arrived at the Dallas residence, Rounds sent another text message to J.C. asking if she should take Lashley and Dirks inside. J.C. responded with a text message that read, “Don’t leave don’t let them leave.” Rounds understood the message to mean to take Lashley into the residence and to keep her there.
Once inside the residence, Rounds and Dirks, aided and abetted by each other, and at Lashley’s request, took possession of the heroin that was originally supplied by J.C. and used a syringe to inject heroin into Lashley. Shortly before that heroin injection was administered, Rounds sent a text message to J.C. stating “…ima bout to shoot her up for her first time.” Rounds admitted that she hoped the heroin injection would incapacitate Lashley in such a way to allow Rounds to steal the money that Lashley possessed.
Rounds admitted that later that afternoon, Lashley began showing signs of distress, and she and Dirks placed Lashley in a bathtub of ice water in an attempt to reverse the effects of the heroin. After Lashley was removed from the tub, Lashley was placed on a couch and appeared to go to sleep.
Lashley died later that evening as a direct result of the heroin that was administered to her. An autopsy performed at the Southwestern Institute of Forensic Sciences on March 26, 2014, concluded that Lashley died as a result of the toxic effects of heroin.
The Dallas Police Department and the FBI investigated this case. Deputy Criminal Chief Assistant U.S. Attorney Rick Calvert and Assistant U.S. Attorney Phelesa Guy are prosecuting.
Frisco Man Sentenced to 10 Years in Federal Prison for the Attempted Enticement of A MinorRead the Press Release
DALLAS, Texas — Matthew Jarmon, 24, of Frisco, Texas, was sentenced this morning by U.S. District Judge David C. Godbey to 10 years in federal prison, following his guilty plea in December 2014 to one count of attempted enticement of a minor, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
According to the factual resume filed in the case, in June 2014, Jarmon used his computer to engage in a number of sexually explicit “chat” conversations with a minor under the age of 17. Jarmon made plans to meet the minor and to engage in sexual activity with the minor. Upon arriving at the pre-arranged location on June 18, 2014, Jarmon was arrested by law enforcement.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Garland Police Department and the U.S. Secret Service investigated the case. Assistant U.S. Attorney Camille Sparks prosecuted.
Eight Arrested for Role in Timeshare Telemarketing Fraud Scheme That Targeted Individuals Age 55 and OlderRead the Press Release
www.postalinspectorsurvey.com/haffar
DALLAS — Eight residents of Florida were arrested or self-surrendered over the past few days on charges outlined in a federal indictment returned by a grand jury in Dallas last month and unsealed last week. The allegations in the indictment stem from the operation of a telemarketing fraud scheme that targeted persons over the age of 55. The announcement was made today by John Parker, Acting U.S. Attorney for the Northern District of Texas.
The eight-count indictment charges each of the below-listed defendants with one count of conspiracy to commit mail fraud, wire fraud, bank fraud and telemarketing fraud and seven substantive counts of mail fraud, telemarketing fraud, and aiding and abetting. Each defendant made his initial appearance last week before various U.S. Magistrate Judges in the Southern and Middle Districts of Florida. The eight defendants who appeared were released on various bond conditions, and most were ordered to appear for arraignment in the Northern District of Texas on March 30, 2015, at 2:00 p.m.
Max Joseph Chilson, 36, of Lake Mary, Florida.
Gunner Dell Jenkins, 36, of Orlando, Florida.
Antonio Enrique Martinez, 43, of Kissimmee, Florida.
Richard Mendez, 44, of Kissimmee, Florida.
Victor Sanchez, 45, of Hollywood, Florida.
Angelina Laboy Smith, 37, of Orlando, Florida.
Harold Eugene Smith, a/k/a H.E. Smith, 72, of Kissimmee, Florida.
Jonathon Edward Warren, 32, of Winter Garden, Florida.
The indictment alleges that from at least March 2009 to March 2011, the above defendants conspired together and with others to commit mail, wire, bank and telemarketing fraud in connection with a telemarketing scheme that targeted and victimized persons over the age of 55 in the U.S. and in Canada. As part of the elaborate scheme, the conspirators made unsolicited phone calls to owners of resort timeshare properties to induce them into paying fees associated with the bogus sale of their property. They misrepresented the existence of a buyer for their timeshare and solicited money from them to facilitate the sale. They solicited the timeshare owners to enter into agreements to sell their timeshares and pay for alleged “closing costs” with their credit cards, personal checks, bank checks, or through electronic check conversion.
As part of the conspiracy, the defendants also instituted a bogus telephone verification process to make follow-up phone calls to the targeted timeshare owners to give them the false impression they were dealing with entities that would protect their money and property, and to trick them into making recorded statements that no sale had been promised by the telemarketers.
Further, the defendants falsely represented their companies were global leaders in connecting timeshares to buyers, sellers, and renters; their companies were full-service timeshare resale companies and vacation rental agencies with more than 30 years of experience in timeshares; bona fide buyers were interested in purchasing the owner’s properties and offers exceeded the original amount paid for the properties; buyers had already paid money into an escrow account, been approved by a lender, and were ready to close; the timeshare owner would receive all the funds from the purchase within 45 to 90 days; and that the timeshare owners must pay a one-time fee to cover the title search and other closing costs before the sale could close.
After obtaining money from the timeshare owners, the defendants, in order to lull the timeshare owners and cause them to not question, investigate or report the status of the transaction, made additional false and fraudulent statements to the timeshare owners, including advising them they were protected under established telemarketing laws and could cancel their contract and request a refund by mailing written notification within seven days of receiving the contract and advising them they could phone or send correspondence to Resorts Condos Management in Irving, Texas, — which, unbeknownst to the owners was in fact, a boiler room.
An indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty. However, if convicted, the conspiracy count carries a maximum statutory penalty of 30 years in federal prison, a mandatory 10-year penalty and a $1 million fine. Each of the seven remaining substantive counts carries a maximum statutory penalty of 20 years in federal prison, a mandatory 10-year penalty and up to a $250,000 fine. Restitution could also be ordered.
Information for Timeshare Owners Affected by the Scheme:
1. If you believe you were the victim of criminal fraud committed by any of the defendants, possibly using the below company names, please go to www.postalinspectorsurvey.com/haffar and complete the questionnaire:
Resorts Condos Management; Timeshare Goldline; JAMS Management; Vision Ventures Inc.; Timeshare Services Today; Vacation Equity Marketing, Inc.; Maximum Properties; Universal Processing Services of Wisconsin, LLC, also known as Newtek Merchant Solutions; HES Merchant Services, Inc.; Interval Equity Marketing, Inc.; Vacations And Resorts; and
Visionary Investments, LLC.The information you provide through the questionnaire regarding your experience may be helpful in the criminal investigation and prosecution of this case. A law enforcement agent may contact you with additional questions or to request documents you may have received or submitted during your dealings with these businesses. To access the questionnaire, please go to www.postalinspectorsurvey.com/haffar and input the user name timeshare and the password uspis.
Please note that submitting the questionnaire is NOT a substitute for consulting with your own attorney to determine what actions and remedies are available to you through civil litigation or other federal or state agencies.
2. On or after March 30, 2015, you may access the websites for the U.S. Attorney’s Office for the Northern District of Texas http://www.justice.gov/usao/txn/to obtain more information on the case or the court proceedings.
3. If you have any questions related to this matter that are not addressed at the above website, you may contact the government on or after March 30, 2015, at the e-mail address USATXN.TimeShareFraud@usdoj.gov.
The U.S. Postal Inspection Service is investigating this fraud. The Orlando Police Department provided substantial assistance in the investigation and apprehension of the defendants. Assistant U.S. Attorney C.S. Heath is prosecuting.
Garland Man Sentenced to 96 Months in Federal Prison on Child Pornography ConvictionRead the Press Release
DALLAS — A Garland, Texas, man, Jonathan Ramirez, 26, was sentenced this week by U.S. District Judge Ed Kinkeade to 96 months in federal prison, following his guilty plea in November 2014 to one count of receipt of child pornography, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
According to documents filed in the case, in June 2014, a Task Force Officer with the FBI, working online in an undercover capacity investigating the distribution of child pornography and the sexual exploitation of children, learned that a specific IP address, later linked to Ramirez, had made 78 files of child pornography available for sharing. Based in part on that discovery, the following month, law enforcement with the FBI Dallas Child Exploitation Task Force and the Garland Police Department executed a federal search warrant at Ramirez’s home. Agents seized an external hard drive and other media belonging to Ramirez. A review of the evidence revealed that the hard drive contained several child pornography videos.
Ramirez admitting using ARES P2P file sharing network to view and download images and videos of child pornography that he would then move to an external hard drive. He admitted that he had more than 175 videos and 50 images of child pornography on his computer and external hard drive.
The matter was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The FBI’s Dallas Child Exploitation Task Force and the Garland Police Department investigated. Assistant U.S. Attorney Camille Sparks prosecuted.
Former SSA Employee Sentenced to 21 Months in Federal Prison for Role in Conspiracy to Defraud the SSARead the Press Release
DALLAS — A former employee of the Social Security Administration (SSA) was sentenced this morning for his role in a conspiracy to defraud the SSA, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Carwin Shaw, 33, of Arlington, Texas, was sentenced to 21 months in federal prison and ordered to pay $78,165 in restitution. He pleaded guilty in December 2014 to one count of conspiracy to commit theft of government funds. He must surrender to the Bureau of Prisons on April 28, 2015.
Shaw, along with co-defendants Amanda Johnson, 35, April Harvey, 36, and Lanusha Lemmons, 25, all of Arlington, were each indicted in May 2014 on one count of conspiracy to defraud the U.S. and one count of theft of government funds. Lemmons pleaded guilty to her role and was sentenced earlier this month to a two-year term of probation. A trial date of April 27, 2015, is set for defendants Johnson and Harvey.
According to documents filed in the case, Shaw, who worked as a Service Representative in the SSA’s Mid-Cities Field Office, located in Grand Prairie, Texas, had access to the SSA’s electronic databases. He admitted that he made agreements with co-conspirators to illegally obtain SSA funds by manipulating SSA’s electronic databases to achieve multiple objectives.
In some instances, for example, he manipulated the verified income attributed to Supplemental Security Income beneficiaries that resulted in the issuance of larger payments than authorized, the issuance of payments when none were due, and the removal of legitimate overpayments posted to beneficiary’s record. Shaw further admitted using the SSA’s electronic systems that interface with the U.S. Treasury Department to issue duplicate checks to beneficiaries when only one check was due. Shaw would cut additional checks to the co-conspirators by alleging their initial check had been lost or stolen, split the second check with the co-conspirator and then access the system and waive the overpayment so that it would not be recovered from any future benefits. Each co-conspirator was the representative payee for one minor or otherwise incompetent Social Security beneficiary.
The loss to the SSA as a result of all of Shaw’s relevant conduct is approximately $78,165.
The case was investigated by the SSA’s Office of the Inspector General. The case is being prosecuted by Special Assistant U.S. Attorney Nicole Dana.
Dallas Woman Sentenced to 27 Months in Federal Prison for Committing Financial Aid FraudRead the Press Release
DALLAS — A Dallas woman who was convicted following a bench trial last year on all six counts of an indictment charging financial aid fraud, was sentenced today, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Sussette Sheree Timmons, 42, was sentenced by U.S. District Judge Barbara M. G. Lynn to 27 months in federal prison and ordered to pay $20,000 in restitution to the U.S. Department of Education.
“It’s bad enough to lie about your identity or income to obtain financial aid”, said Acting U.S. Attorney Parker, “but Ms. Timmons’ fraud is particularly egregious because she never even intended to attend school. Abuses like this of the federal student aid system must not be tolerated for the sake of the many individuals who truly need aid for education, and for the sake of taxpayers. I commend the investigative efforts of the Department of Education’s Office of Inspector General in identifying this fraud.”
The government presented evidence at trial that Timmons applied for admission to, and received financial aid from several universities/colleges, e.g., New Mexico State University, Western New Mexico University, Ashford University, Northern New Mexico College, Coconino Community College, and Pima County Community College, to fund her education at the institutions.
As part of her scheme to defraud these institutions and the U.S. Department of Education, Timmons never intended to use the disbursed funds for education, but instead intended to embezzle, misapply, steal and use the funds for her own personal use. Timmons also failed or refused to refund the financial aid funds when required to do so.
In total, the amount of funds that Timmons embezzled, misapplied, stole or obtained by fraud, false statement or forgery, or failed to refund, was $64,115.
The U.S. Department of Education Office of Inspector General investigated. Assistant U.S. Attorney P.J. Meitl prosecuted.
Tax Return Preparer Sentenced to Three Years in Federal Prison for Preparing False Tax ReturnsRead the Press Release
DALLAS — A defendant who admitted to a federal felony offense stemming from his preparation of false tax returns was sentenced yesterday, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Kenny Iroegbu was sentenced by U.S. District Judge Jorge A. Solis to 36 months in federal prison and ordered to pay $323,046 in restitution to the IRS. Iroegbu pleaded guilty in December 2014 to one count of aiding and assisting in the preparation of a false income tax return.
According to the factual resume filed, Iroegbu operated his own tax return preparation business, doing business as Homequest Vision Tax Service and Homequest Tax Service. Prior to starting his own tax preparation business in 2005, Iroegbu worked as an intern at Lynks Tax Service in Greenville, Texas.
The factual resume also states that Iroegbu prepared tax year 2005 and tax year 2006 returns out of an office located at 3030 LBJ Freeway, Suite 700, in Dallas; he prepared 2007 returns at an office located at 601 West Parker Road, Suite 103, in Plano, Texas.
The method employed by Iroegbu, according to the factual resume, included filing a client’s tax return using a false IRS Schedule F, Profit or Loss from Farming or a false IRS Schedule C, Profit or Loss from Business. Iroegbu would include the false Schedule on the client’s return and typically claim a loss if the client had Form W-2 wages or claim a net profit if the client did not have any Form W-2 wages. This gave the appearance to the IRS that the taxpayer was generating income.
In addition, according to the factual resume, Iroegbu would then put a false refundable fuel credit from taxes paid on un-dyed diesel fuel used on a farm, or for taxes paid on gasoline used for taxes paid on un-dyed diesel fuel used on a farm, or for taxes paid on gasoline used for other nontaxable use. These fuel credits were refundable regardless of whether the taxpayer had a tax liability or was due a refund before considering the fuel credit. Iroegbu claimed fuel credits on IRS Form 4136, Credit for Federal Tax Paid on Fuels.
The factual resume notes that Iroegbu prepared and electronically filed on behalf of his clients 66 tax year 2006 returns and 59 tax year 2007 returns claiming $1,294,749 in fuel credits of which $361,294 in false refunds was used by the IRS to offset any tax owed on the return. The remaining amount was paid to the taxpayers. Twenty-four fraudulent returns examined claimed refunds for Iroegbu’s clients totaling $237,996. The actual amount paid out by the government on these 24 claims totaled $126,582.49.
IRS Criminal Investigation investigated. Assistant U.S. Attorney Joseph M. Revesz prosecuted.
Man Sentenced to Serve A Total of Five Years in Federal Prison for Theft of Public Funds and Aggravated ID TheftRead the Press Release
DALLAS — A man who admitted to federal felony offenses stemming from his conspiracy to obtain tax refunds by filing fraudulent tax returns using stolen names and Social Security information was sentenced yesterday, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Roberto Boris Fernandez was sentenced by U.S. District Judge Ed Kinkeade to a total of 60 months in federal prison and ordered to pay $466,405 in restitution to the IRS. Fernandez pleaded guilty in November 2014 to one count of conspiracy to commit theft of public funds and one count of aggravated identity theft. Specifically, Judge Kinkeade sentenced him to 36 months on the conspiracy conviction and 24 months on the identity theft conviction, to run consecutively.
According to the factual resume filed, during January 2012, Fernandez conspired with others to engage in a scheme to obtain tax refunds by electronically filing fraudulent income tax returns using stolen names and social security information. The returns falsely represented that the taxpayers were entitled to a refund because of a falsely created Earned Income Credit. The returns were filed through Turbo Tax, an online tax preparation service, and directed the IRS to deposit the refunds onto Turbo Tax debit cards that were mailed to coconspirators’ addresses. Fernandez and the coconspirators used the debit cards at automatic teller machines (ATMs) to withdraw cash.
In fact, according to the factual resume filed, for several hours during the evening and early morning hours of January 30-31, 2012, Fernandez and another co-conspirator traveled in a limousine Fernandez had rented to conduct multiple withdrawals from the Turbo Tax debit cards at various ATMs. However, the Little Elm Police Department stopped the limousine for a traffic violation. At the time, Fernandez was the sole passenger. While searching the limousine, officers seized Fernandez’s backpack, a cell phone, an air card, several Turbo Tax envelopes and debit cards, $8,295 in cash, and ATM receipts. Inside the backpack, officers found handwritten personal identifying information (PII) for approximately 200 individuals, together with notations as to refund amounts, personal identification numbers (PINs), and dates on which refunds were expected. Eight additional unopened Turbo Tax envelopes containing Turbo Tax debit cards issued in third party names were also found in the backpack.
IRS Criminal Investigation, according to the factual resume, identified 84 fraudulent income tax returns for the 2011 tax year with refund claims totaling $435,219 that were associated with the debit cards and identifying information located in the backpack.
IRS Criminal Investigation investigated. Assistant U.S. Attorney Christopher Stokes prosecuted the case.
Federal Grand Jury Indicts Three on Felony Offenses Related to December 2014 Armored Car Heist in AmarilloRead the Press Release
AMARILLO, Texas — A federal grand jury in Amarillo, Texas, returned an eight-count indictment this afternoon charging three men with various felony offenses stemming from an alleged heist of money from an armored car last year in Amarillo, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Trent Michael Cook, 24, Britt Michael Gresham, 24, and Brian Keith Hodge, 43, are each charged with one count of conspiracy to interfere with commerce by robbery, one count of attempting to interfere with commerce by robbery, and one count of possessing firearms in furtherance of a violent crime. Cook and Gresham are each charged with one count of conspiracy to commit bank theft, and Cook is charged with three counts and Gresham with one count, of bank theft. Hodge is charged with one count of being an accessory after the fact. Hodge is Cook’s father.
All three defendants are in custody and each is expected to make his initial appearance in federal courts sometime next week.
According to the indictment, as part of the conspiracy, Cook purchased firearms to use in a plan to rob the vault of Rochester Armored in Amarillo. The plan involved Cook using his status as an employee of Rochester Armored to gain access to the company vault containing millions of dollars in U.S. currency so that the three defendants could commit the armed robbery of Rochester Armored, using the firearms to threaten force, violence and fear of injury against Rochester Armored employees. Cook and Gresham purchased a van to load and transport bags of U.S. currency taken from Rochester Armored. Hodge attempted to obtain a location in Colorado for the defendants to hide after the robbery. The indictment further alleges that on December 22, 2014, Cook and Gresham took money from an armored car belonging to Rochester Armored.
A federal indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. Upon conviction, however, the conspiracy count and the substantive count of attempting to interfere with commerce by robbery each carry a maximum statutory penalty of 20 years in federal prison and a $250,000 fine. The firearms offense carries a mandatory five-year penalty and a $250,000 fine. The conspiracy to commit bank theft count and the accessory after the fact count each carry a maximum statutory penalty of five years in federal prison and a $250,000 fine. Each of the bank theft counts carries a maximum statutory penalty of 10 years in federal prison and a $250,000 fine.
The Amarillo Police Department, the Colorado Springs Police Department, the Potter County District Attorney’s Office and the FBI were the investigating agencies. Assistant U.S. Attorney Tim Hammer is in charge of the prosecution.
North Richland Hills Man Sentenced to 36 Months in Federal Prison for Preparing and Submitting False Income Tax Returns That Resulted in over A $1 Million Loss to IRSRead the Press Release
DALLAS — A defendant who admitted causing false income tax returns to be filed with the Internal Revenue Service (IRS) was sentenced today, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Michael Lloyd Moody was sentenced by U.S. District Judge Barbara M. G. Lynn to 36 months in federal prison and ordered to pay restitution to the IRS.
Moody was indicted in March 2013 on 16 counts of aiding and assisting in the preparation and presentation of false and fraudulent individual income tax returns. He pleaded guilty in December 2013 to two of those counts. He was on pretrial release until October 2013 when the Court found he had violated its terms and conditions and remanded him into custody.
According to the factual resume filed in the case, from 2009 through 2010, Moody prepared U.S. Individual Income Tax Returns, Form 1040, along with supporting schedules, at his residence in North Richland Hills, Texas. After meeting his customers, Moody would deliver the completed returns to Universal Tax, located at 415 East Airport Freeway in Irving, Texas, to be electronically filed with the IRS. Universal Tax was assigned an Electronic Filing Identification Number (EFIN) by the IRS authorizing the electronic filing of tax returns.
Moody admits, according to the factual resume, that he inserted false or inflated deductions and credits to produce fraudulent refunds for the IRS to pay.
As an example noted in the factual resume, in one instance, on approximately March 1, 2010, Moody prepared and caused to be filed an individual tax return for a particular individual. In preparing the Form 1040, Moody knowingly, and with the intent to deceive the IRS, included $37,044 as a Schedule C business loss and $2,349 on Form 8863 as an education credit due the individual. In reality, however, this individual did not own a Schedule C business, nor did he incur education expenses for the education credit. Due to the false deduction and credit inserted by Moody, the refund was inflated and resulted in a loss to the government of $7,906.
The investigation was conducted by IRS Criminal Investigation.
Assistant U.S. Attorney Chris Stokes prosecuted.
ID Theft Conspiracy Leader Sentenced to 16 Years in Federal Prison and Ordered to Pay $88,131 in RestitutionRead the Press Release
DALLAS — A Cedar Hill, Texas man, who was convicted at trial on various federal felony offenses stemming from an identity (ID) theft conspiracy he ran in the metroplex from October 2009 to July 2013, was sentenced today, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Anthony Minor, 28, was sentenced by U.S. District Judge Sam A. Lindsay to 16 years in federal prison and ordered to pay $88,131 in restitution. A federal jury convicted Minor in September 2014 on one count of conspiracy to commit bank fraud, five counts of bank fraud, one count of using or trafficking in an unauthorized access device, and two counts of aggravated identification theft.
Minor is the last defendant convicted in the conspiracy to be sentenced. Other defendants pleaded guilty to the conspiracy charge. Minor’s girlfriend, Tilisha Morrison, 25, of Dallas, was sentenced to 48 months in federal prison and ordered to pay $88,131 in restitution. Katrina Thomas, 41, of Garland, Texas, was also sentenced to 48 months in federal prison, and she was ordered to pay $76,831 in restitution. Defendants Kario Butler, 29, of Mansfield, Texas; Cyrus Pritchett, 25, of Dallas; and Jamilah Karriem, 21, of Dallas and Desoto, Texas, were sentenced to time served. One defendant, Karen Mendoza, 44, most recently of Dallas, remains a fugitive.
Minor was the leader of the conspiracy. The government presented evidence at trial that he stole identities in a variety of ways, including purchasing them from a group of safe robbers and recruiting a Federal National Mortgage Association (Fannie Mae) employee, Katrina Thomas, to steal more than 1000 identities from her Fannie Mae workstation. Once the IDs were in hand, Minor and Morrison accessed the victims’ bank accounts and performed hundreds of account take-overs. As part of the conspiracy, they recruited their co-conspirators to walk into banks and withdraw cash.
Law enforcement caught Minor and arrested him at the W Hotel in Dallas. Law enforcement found numerous stolen and fake IDs, counterfeit checks, a laptop computer containing a template for the Texas Department of Public Safety Temporary Driver License, a printer, and a $900 bottle of Dom Pérignon champagne he had just ordered from room service using one of the stolen credit cards. He had rented the room using another’s identification.
Minor and the conspirators stole personal identifying information for true Bank of America and JP Morgan Chase account holders (the victim-customers) and used this information to fraudulently access funds contained in their bank accounts. They also created false identities using the stolen personal identifying information.
The U.S. Secret Service and the Federal Housing Finance Agency Office of Inspector General investigated the case.
Assistant U.S. Attorney P. J. Meitl and Special Assistant U.S. Attorney Christopher G. Poor prosecuted.
Convicted Fraudster Pleads Guilty in Federal Court to Failing to Surrender for Service of SentenceRead the Press Release
DALLAS — A Irving, Texas, man, who was sentenced to serve 70 months in federal prison in an investor fraud case, pleaded guilty this morning to the federal offense of failing to surrender to serve that sentence, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Michael David Carroll, 39, faces a maximum statutory penalty of 10 years in federal prison, to be served consecutively to the sentence imposed on his prior conviction. He also faces up to a $250,000 fine. Sentencing is set for June 29, 2015, before U.S. District Judge David C. Godbey. By law, any sentence Carroll receives for this new offense must be served consecutively to the 70 month sentence Carroll is already serving.
Carroll pleaded guilty in April 2013 to one count of wire fraud stemming from his role as a registered agent, director and incorporator of The Salad Bowl Franchise Corporation. Carroll ran a scheme to defraud potential investors, and to obtain money and property under false and fraudulent pretenses, by fraudulently inducing investors to purchase a “Salad Bowl” franchise from him.
On March 17, 2014, U.S. District David C. Godbey sentenced Carroll to 70 months in federal prison and ordered to pay more than $1.4 million in restitution. Judge Godbey ordered Carroll to report to federal prison before 11:00 a.m. on Monday, May 19, 2014, to begin serving that sentence.
On April 18, 2014, the Court granted a defense request to delay Carroll’s report date and set a new report date of July 15, 2014. Again, on July 14, 2014, the Court granted another defense request to delay Carroll’s report date and set a new report date of no later than 2:00 p.m. on Monday, September 15, 2014. However, Carroll disobeyed Judge Godbey’s court order when he willfully failed to surrender for service of sentence. On September 17, 2014, Judge Godbey ordered that an arrest warrant be issued for Carroll.
That same day, a special agent with the FBI informed Carroll that he was a fugitive with an outstanding arrest warrant. The agent instructed Carroll to immediately surrender to the FBI office in Dallas. Rather than surrender as ordered, Carroll advised the FBI agent that he would drive to the designated prison facility and surrender the next morning. On September 18, 2014, Carroll finally surrendered to the designated federal prison facility.
The FBI investigated the case and Assistant U.S. Attorney David L. Jarvis is prosecuting.
Fort Worth Selected as One of the First Six Pilot Sites for the National Initiative for Building Community Trust and JusticeRead the Press Release
FORT WORTH, Texas – As part of the Department of Justice’s ongoing commitment to strengthening the relationship between law enforcement and the communities they serve and protect, Attorney General Eric Holder announced Birmingham, Alabama; Fort Worth, Texas; Gary, Indiana; Minneapolis, Minnesota; Pittsburgh, Pennsylvania; and Stockton, California, are the first six cities to host pilot sites for the National Initiative for Building Community Trust and Justice. As part of a larger effort, the National Initiative team will work with each pilot site to assess the police-community relationship as well as develop a detailed site-specific plan that will enhance procedural justice, reduce bias and support reconciliation in communities where trust has been eroded.
“This National Initiative is a multi-faceted approach to enhance community trust and help strengthen the relationship between law enforcement and the communities they serve,” said John Parker, Acting U.S. Attorney for the Northern District of Texas. “I join Fort Worth Police Chief Rhonda Robertson and Mayor Betsy Price in embracing this strategy.”
“The Fort Worth Police Department is honored to be selected as one of the six pilot sites for this groundbreaking study,” said Chief of Police Rhonda Robertson. “Upon learning about the project, we immediately realized the opportunity it would present to strengthen our existing community partnerships and to develop new relationships built upon trust within the community. Fort Worth is already an excellent place to live, work, and visit; and we believe our participation in the National Initiative for Building Community Trust and Justice will make it even better.”
“We’re pleased that Fort Worth was chosen as one of the six pilot sites for this national initiative,” said Mayor Betsy Price. “Fort Worth historically has an excellent track record of encouraging diversity as a city. This study will be a valuable tool to open the discussion on equitable treatment in major cities across the nation, including Fort Worth. This study gives us a tool to strengthen our partnership with the justice system and to continue building relationships in the community.”
Attorney General Holder also announced that the Department of Justice is providing additional training and technical assistance to police departments and communities that are not pilot sites. Through the Office of Justice Program’s Diagnostic Center (www.OJPDiagnosticCenter.org), police departments and community groups can request training, peer mentoring, expert consultation and other types of assistance on implicit bias, procedural justice and racial reconciliation. Additionally, the initiative launched a new online clearinghouse that includes up-to-date information about what works to build trust between citizens and law enforcement. The clearinghouse can be found at www.trustandjustice.org.
The Justice Department established the National Initiative for Building Community Trust and Justice as part President Obama’s groundbreaking launch of the My Brother’s Keeper initiative, which seeks to create opportunities for all young people in this country—regardless of their background—to improve their lives and reach their full potential.
“The Department of Justice is committed to using innovative strategies to enhance procedural justice, reduce bias and support reconciliation in communities where trust has been eroded,” said Attorney General Holder. “By helping to develop programs that serve their own diverse experiences and environments, these selected cities will serve on the leading edge of our effort to confront pressing issues in communities around the country.”
“Restoring trust where it has eroded is one of the defining public safety challenges of our day,” said Assistant Attorney General Karol V. Mason of the Office of Justice Programs. “Trust-building is the responsibility of the police and the community, and the National Initiative’s goal is to build the bridge that will define a new era in public safety.”
The three-year grant has been awarded to a consortium of national law enforcement experts from John Jay College of Criminal Justice, Yale Law School, the Center for Policing Equity at UCLA and the Urban Institute. The initiative is guided by a board of advisors that includes national leaders from law enforcement, academia and faith-based groups, as well as community stakeholders and civil rights advocates. In a holistic approach, the initiative simultaneously addresses the tenets of procedural justice, reducing implicit bias and facilitating racial reconciliation. The initiative complements and is advised by other Justice Department components such as the Office of Justice Programs, the Office of Community Oriented Policing Services, the Office on Violence Against Women, the Civil Rights Division and the Community Relations Service.
Former Denton High School Teacher Sentenced to Serve A Total of 60 Years in Federal Prison for Producing Child PornographyRead the Press Release
FORT WORTH, Texas — A former teacher at Denton High School, Gregory Bogomol, 39, was sentenced today on child pornography production convictions, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Bogomol, who pleaded guilty in October 2014 to an indictment charging two counts of production of child pornography, was sentenced by U.S. District Judge Terry R. Means to 360 months in federal prison for each count, to run consecutively, for a total of 720 months in federal prison.
According to documents filed in the case, the investigation began when U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) was contacted by the parents of a 15-year-old male victim regarding an individual who solicited a nude photograph of the minor through a smartphone application.
Specifically, according to the factual resume, Bogomol used social media applications such as KIK, Grindr, and Pinger to initiate conversations with underage males. Bogomol posed as a minor female and sent nude images of females to entice the boys to produce sexually explicit pictures.
After Bogomol received an image from the minor male, Bogomol would make additional explicit demands. If the minor male did not comply with his demands, Bogomol would threaten to send sexually explicit pictures of the boy to the boy’s friends via social media applications.
On approximately April 20, 2014, Bogomol coerced one minor victim to send a sexually explicit image of himself. A few days later, Bogomol coerced another minor victim to send a sexually explicit image of himself.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
ICE HSI investigated. Assistant U.S. Attorney A. Saleem prosecuted.
Dallas-Area Residents Charged with Conspiracy, Drug Trafficking and Firearms OffensesRead the Press Release
DALLAS — Ten Dallas-area residents have been charged with various federal offenses to include conspiracy, drug trafficking, and firearms offenses, including assault on federal agents, announced John Parker, Acting U.S. Attorney for the Northern District of Texas.
Several of the defendants, charged in an indictment and in complaints, were arrested following a law enforcement operation on February 10, 2015. During that operation, at a residence in Grand Prairie, Texas, one of the defendants fired an AK-47 at two special agents with the FBI.
The charges are the result of the continuing investigation of the violent drug trafficking organization (DTO) known as the “Goon Squad,” which operated in Dallas. The Goon Squad consisted of numerous individuals, including defendant Jose Pedro Maya. In June 2014, the FBI arrested 10 members/associates of the Goon Squad and those cases are pending in this district. Shortly after those arrests, Maya fled to Mexico, but returned to the U.S. in September 2014. At some point in 2014, Maya split from the Goon Squad and began leading his own drug trafficking organization, the Maya DTO.
Defendants charged include:
Jose Pedro Maya, a/k/a “Little Maya,” 21, of Grand Prairie
Santiago Reynozo, a/k/a “Santiago Reynosa” and “Pelon,” 21, of Dallas
Baltazar Moreno, a/k/a “Chalan,” 39, of Dallas
Adrian Reynozo, a/k/a “Adrian Reynoso,” 22, of Dallas
Rogelio Lira, a/k/a “Primo,” 25, of Dallas
Guillermo Perez, 18, of Grand Prairie
Emmitt Herrera, Jr., 46, of Grand Prairie
Diego Moreno, 21, of Dallas
Jessie Amaya, 19, of Grand Prairie
Oracio Ferrer Reza, 34 of Mesquite, Texas
Maya is related to Santiago Reynoza and Adrian Reynozo, who are brothers.
The original indictment alleged the Maya DTO distributed methamphetamine and cocaine in the Dallas area; it also possessed and trafficked in firearms. Like the Goon Squad, it targeted individuals believed to be drug dealers for burglary, robbery, or other acts of violence as those individuals were likely to possess large quantities of illegal narcotics, cash or firearms and would not likely report any offenses by the Maya DTO because of their own unlawful activities.
Defendants Maya, Santiago Reynozo, Baltazar Moreno, Adrian Reynozo and Lira are each charged with one count of conspiracy to possess with intent to distribute a controlled substance — methamphetamine and cocaine. As part of the conspiracy, Moreno cooked methamphetamine and provided it to Maya and the other conspirators. Santiago Reynoza, Moreno, Adrian Reynozo and Lira sold the illegal narcotics outside of the Los Campadres Billiards in Dallas. Maya provided the methamphetamine for these individuals to sell, and he received a portion of the sales proceeds. Maya also sold firearms in furtherance of his drug trafficking activities, and all five defendants possessed firearms in furtherance of their drug trafficking activities.
Each of these five defendants is also charged with one count of using, carrying, or brandishing a firearm during or in relation to a drug trafficking crime; Adrian Reynozo is also charged with being an illegal alien in possession of a firearm.
In another indictment, Perez and Herrera are each charged with one count of assault on a federal officer, one count of conspiracy to possess with intent to distribute methamphetamine, and one count of conspiracy to possess with the intent to distribute heroin. In addition, Perez is charged with two counts and Herrera with one count of using carrying, brandishing and discharging a firearm during and in relation to a crime of violence. Herrera is also charged with one count of being a felon in possession of a firearm.
Defendants Diego Moreno and Reza each pleaded guilty this week to Informations charging one count of possession of methamphetamine with intent to distribute. Defendant Lira pleaded guilty to a superseding Information charging the same offense. Defendant Amaya pleaded guilty to an Information charging possession with intent to distribute cocaine. Each faces a maximum statutory penalty of 20 years in federal prison and a $1 million fine.
A trial date of April 20, 2015, is set for the remaining defendants.
According to documents filed in the cases, as law enforcement officers were executing an arrest warrant for Maya at his residence in Grand Prairie, Perez, who was a guest at the residence, grabbed an assault rifle and fired two rounds in the direction of the front door where law enforcement personnel were located. Law enforcement personnel had clearly identified themselves as law enforcement, both visually and orally.
Herrera was also in the residence at the time. He was in the kitchen where law enforcement observed a large quantity of methamphetamine and the water faucet turned on in what appeared to be an attempt to wash the methamphetamine down the sink.
A federal indictment is an accusation by a grand jury. If convicted, however, the statutory maximum penalty for the drug trafficking conspiracy is life in federal prison and millions of dollars in fines. Each firearm conviction carries a statutory penalty of not less than five years in federal prison and up to a $250,000 fine, and the alien in possession conviction carries a maximum statutory penalty of 10 years in federal prison and a $250,000 fine. The assault on a federal officer offense carries a maximum statutory penalty of 20 years in federal prison and a $250,000 fine.
The FBI and Dallas Police Department are investigating. Assistant U.S. Attorney P.J. Meitl is prosecuting.
*******media Advisory*******Read the Press Release
FORT WORTH TO JOIN NATIONAL EFFORT TO BUILD TRUST AND RECONCILIATION BETWEEN LAW ENFORCEMENT AND COMMUNITIES THEY SERVE
Attorney General Holder to Convene My Brother’s Keeper Roundtable with Students and Officers to Announce Six Regional Sites for the National Initiative for Building Community Trust and Justice
FORT WORTH, Texas – As part of the Department of Justice’s ongoing commitment to strengthening the relationship between law enforcement and the communities they serve, tomorrow, THURSDAY, MARCH 12, 2015 at 2:00 p.m. CDT, Attorney General Eric Holder will announce the first six pilot sites for the National Initiative for Building Community Trust and Justice.
The National Initiative for Building Community Trust and Justice, first announced in April 2014, is a $4.75 million partnership between the Department of Justice and criminal justice experts that will invest in training, evidence-based strategies, policy development and research to combat distrust and mend bonds between law enforcement and the community.
Attorney General Holder will announce the six Building Community Trust pilot sites after a My Brother’s Keeper roundtable discussion at the Department of Justice with law enforcement officers and students. This announcement comes on the heels of the Attorney General’s multi-state Building Community Trust tour held over the last several months.
WHO: Attorney General Eric Holder Assistant Attorney General Karol V. Mason of the Office of Justice Programs
WHEN: THURSDAY, MARCH 12, 2015 2:00 p.m. CDT
WHERE: U.S. Department of Justice 950 Pennsylvania Avenue, N.W. Washington, DC 20530. PHOTO SPRAY AT THE BOTTOM (Media Access: 2:30 p.m. EDT//Media Gather Time: 3:00 p.m. EDT//Department of Justice Visitor’s Center on Constitution Avenue between 9th and 10th Streets.)
Background on the National Initiative for Building Community Trust:
The initiative, which is an ongoing partnership with the Justice Department, will provide training to law enforcement and communities on bias reduction, procedural fairness, and reconciliation, and will apply evidence-based strategies in six pilot sites around the country. It will also establish a clearinghouse where information, research and technical assistance are readily accessible for law enforcement, criminal justice practitioners and community leaders.
The three-year grant has been awarded to a consortium of national law enforcement experts led by John Jay College of Criminal Justice. Yale Law School, the Center for Policing Equity at UCLA and the Urban Institute make up the rest of the consortium. The initiative will be guided by a board of advisors which includes national leaders from law enforcement, academia and faith-based groups, as well as community stakeholders and civil rights advocates. In a holistic approach, the initiative will simultaneously address the tenets of procedural justice, reducing implicit bias and facilitating racial reconciliation.
The initiative will complement and be advised by other Justice Department components such as the Office of Justice Programs, the Office of Community Oriented Policing Services, the Office on Violence Against Women, the Civil Rights Division and the Community Relations Service.
Federal Grand Jury Indicts Rockwall Man on Prepubescent Child Pornography OffensesRead the Press Release
DALLAS — Christian C. Winchel, 48, of Rockwall, Texas, was indicted yesterday by a federal grand jury in Dallas on multiple federal child pornography offenses involving prepubescent child pornography, announced Acting U.S. Attorney John Parker of the Northern District of Texas.
Specifically, the indictment charges Winchel with one count of production of child pornography, one count of transporting and shipping child pornography, and two counts of possession of prepubescent child pornography. Winchel has been in custody since his arrest on a related federal criminal complaint in early February 2015.
According to documents filed in the case, on February 4, 2015, special agents with FBI’s Dallas Child Exploitation Task Force executed a federal search warrant at Winchel’s home. Law enforcement located and forensically reviewed multiple files of child pornography, including images of prepubescent child pornography.
Count one of the indictment alleges that on July 23, 2014, Winchel used, persuaded, induced, enticed, and coerced a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct. Count two of the indictment alleges that on February 1, 2013, Winchel transported images and videos of child pornography from Indiana to Texas. Counts three and four of the indictment allege that on February 4, 2015, Winchel possessed images of prepubescent child pornography on an external hard drive and on a thumb drive.
An indictment is an accusation by a grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the statutory penalty for the production count is not less than 15 years or more than 30 years in prison. The statutory penalty for the transportation count is not less than five years and up to 20 years in federal prison. Each of the possession counts carries a maximum statutory penalty of 20 years in federal prison. In addition, each count carries up to a $250,000 fine and up to a lifetime of supervised release.
The matter was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
Anyone who knows of someone who may have been victimized in this case is asked to contact the FBI at 972-559-5000.
The FBI’s Dallas Child Exploitation Task Force is conducting the investigation. Assistant U.S. Attorney Camille Sparks is in charge of the prosecution.