District of Vermont

The Office of the United States Attorney for the District of Vermont stated that Ieshia Jones, 27, of Winooski was sentenced today to time served, followed by a three-year term of supervised release. Chief Judge Christina Reiss further ordered that Jones be subject to a curfew with location monitoring for a term of six months.

According to court records, law enforcement conducted four controlled purchases totaling 117 bags of heroin from Jones in April and May 2014 in St. Albans, Winooski, and Burlington. During an attempted controlled buy of heroin from Jones on May 13, 2014 in South Burlington, Jones took the informant’s money and fled the area in her car without providing the heroin. Law enforcement located and arrested Jones shortly thereafter in Essex. Upon arrest, Jones admitted that she had distributed heroin to the informant and others in the past.

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of United States Border Patrol, the Federal Bureau of Investigation, and the Winooski Police Department. Assistant U.S. Attorney Kevin J. Doyle handled the prosecution of this case. Jones was represented by Steven L. Barth of the Federal Defender’s Office.

The Office of the United States Attorney for the District of Vermont announced Cedrick Bourgault-Morin, 22, of Quebec, Canada was sentenced yesterday for smuggling 281,307 pills of Aprazolam (commonly known as Xanax) into the United States. Chief United States District Judge Christina Reiss sentenced Bourgault-Morin to 12 months and 1 day of imprisonment, to be followed by one year of supervised release.

According to court records, at approximately 1:00 am on January 13, 2016, three United States Border Patrol agents responded to the area of the international border near the village of North Troy, Vermont. Agents observed Bourgault-Morin wearing white camouflage clothing, and walking on the tracks. Bourgault-Morin was pulling a plastic sled behind him, loaded with a large object wrapped in white camouflage. As Bourgault-Morin began to conceal the sled and its contents with snow, all three agents approached him, apprehended him, and seized the sled. The agents discovered a large duffle bag on the sled. A search of Bourgault-Morin’s person revealed he did not possess a wallet or any identification documents, no cellular telephone, or other common items. Other than his clothing, the only item on the defendant’s person was a silver folding lock-blade knife.

Upon further inspection at the Newport Station, the agents discovered the duffle to contain 300 vacuum-sealed plastic bags, containing a total of 281,307 pills. All of the pills were 2mg oblong bars that were scored and divisible into four .5mg segments. Each pill bore markings consistent with those used to identify Xanax, which is a brand name for Aprazolam. Aprazolam is a benzodiazepine class of psychoactive drug typically prescribed as an anti-anxiety medication, and a Schedule IV drug. The 300 bags of pills weighed approximately 182.82 pounds, and had a value of approximately $1.6 million.

This matter was investigated by the United States Border Patrol, with assistance from the Drug Enforcement Administration. The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.

For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt. Bourgault-Morin was represented by Assistant Federal Public Defender David L. McColgin.

The United States Attorney’s Office for the District of Vermont announced that Christopher Loomis, age 26, of Colchester, Vermont, was indicted on August 11, 2016 by a federal grand jury for possession of child pornography involving minors under the age of 12. Loomis is scheduled to be arraigned on August 25, 2016 in federal court in Burlington.

According to court documents, federal agents began investigating Loomis based on leads generated in a multi-year investigation into individuals who signed up to a website operating in a foreign country that has been used to store and exchange child pornography. Agents subsequently seized a computer and multiple hard drives from Loomis, which revealed that Loomis was in possession of a significant number of child pornography files, including files depicting minors under the age of 12 engaging in sexually explicit conduct.

The charges against Loomis are merely accusations and he is presumed innocent until and unless he is proven guilty. If convicted, Loomis faces a statutory maximum penalty of up to 20 years in prison and up to lifetime supervised release, although the sentence will be advised by the federal sentencing guidelines and determined by the Court.

This prosecution is part of Project Safe Childhood, a nationwide Department of Justice initiative designed to protect children from online exploitation and abuse. In Vermont, federal prosecutors are teaming up with federal, state, and local law enforcement agents to identify, investigate, and prosecute those individuals who prey upon children and those that distribute, receive, or manufacture child pornography. For more information on Project Safe Childhood, including resources on internet safety education, please visit www.usdoj.gov/psc.

The collaborative team investigating this case includes law enforcement agents from Homeland Security Investigations, the Vermont Attorney General’s Office, and the Internet Crimes Against Children Task Force.

The United States is represented in this case by Assistant United States Attorney Kunal Pasricha. Loomis is represented by Federal Public Defender Michael L. Desautels.

The Office of the United States Attorney for the District of Vermont today announced federal criminal charges against Michael Prescott, 52, of Chittenden County, Vermont. Prescott is charged with distributing heroin on March 2 and March 7, 2016.

Prescott was arrested by law enforcement on July 18, 2016, appeared before Chief U.S. District Judge Christina Reiss in Burlington the same day, and entered a not guilty plea to the charges. At a detention hearing on July 19, 2016, Judge Reiss ordered Prescott detained pending his criminal trial. Judge Reiss denied the defendant’s motion to reconsider the detention order on August 9, 2016. If he is convicted, Prescott’s sentence will be advised by the federal sentencing guidelines. The pending charges against the defendant are merely accusations, and he is presumed innocent until and unless he is proven guilty.

United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.

This case is being investigated by the Drug Enforcement Administration. The United States is represented by Assistant United States Attorney Timothy C. Doherty, Jr. Prescott is represented by Federal Public Defender Michael Desautels.

The Office of the United States Attorney for the District of Vermont stated that two Vermont men pled guilty on June 30, 2016 in U.S. District Court in Rutland to information charging them with Class A Misdemeanors relating to the introduction of misbranded medical devices into interstate commerce. AADCO Medical, Inc., a medical device supply company operating out of Randolph, has additionally pled guilty to the same charge.

According to the information and plea agreements filed with the Court, from May 2011 through August 2012, AADCO Medical, Robert Marchione, and Anthony Skidmore allegedly introduced and caused the introduction and delivery of six medical lamps as surgical lamps without having complied with the Food and Drug Administration’s requirements that notice be submitted to the FDA prior to the introduction of such devices into interstate commerce. The misbranded lamps were sold to medical providers in New York, N.Y., Buffalo, N.Y., and Chapel Hill, N.C.

AADCO was ordered to pay a total of $53,070, which included restitution to the victims of $47,945.00, a criminal fine of $5,000.00, and an assessment of $125.00. Mr. Marchione and Mr. Skidmore were each fined $5,000.00.

“The FDA’s regulatory requirements for medical devices are designed to ensure the health and safety of patients,” said Jeffery J. Ebersole, Special Agent in Charge, FDA Office of Criminal Investigations’ New York Field Office. “The FDA will continue to aggressively pursue those who place patient’s health at risk for their own profit by compromising the integrity of the legitimate supply chain.” United States Attorney Eric S. Miller commended the investigative efforts of the FDA and Homeland Security.

The matter was investigated by Special Agent Matthew Carbone of the FDA’s Office of Criminal Investigations, and by a Special Agent from Homeland Security Investigations. The case was prosecuted by Assistant United States Attorney Owen C.J. Foster and FDA Associate Chief Counsel Scott Kaplan. AADCO Medical was represented by Kevin Henry, Mr. Marchione was represented by George Ostler, and Mr. Skidmore was represented by Paul Volk.

The Office of the United States Attorney for the District of Vermont stated that, on August 2, 2016, David Johnson, 24, of New York City was sentenced to 33 months in federal prison after his guilty plea to charges that he possessed with intent to distribute heroin. U.S. District Court Judge J. Garvan Murtha also ordered that Johnson serve three years of supervised release after his prison term.

According to court records, in the Spring of 2015, the Drug Enforcement Agency (DEA) in Vermont was investigating the distribution of heroin trafficked to Vermont from the New York City area. On June 5, 2015, DEA received information that a load of heroin was being transported to Vermont via automobile. Working with DEA, the South Burlington Police Department ultimately stopped a vehicle in which Johnson was a passenger. Law enforcement officers seized approximately $4,000 in cash from Johnson’s backpack and approximately 4,000 bags of heroin from the vehicle.

For his crime, Johnson faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Johnson serve between 46 and 57 months. The United States asked Judge Murtha to impose a sentence within that range. Johnson requested a sentence of less than 15 months.

In determining that a 33-month overall sentence was appropriate, Judge Murtha considered Johnson’s relatively minimal criminal history, among other factors.

United States Attorney Eric Miller commended the efforts of DEA, the South Burlington Police Department and the other law enforcement agencies involved in this investigation. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.

The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Johnson is represented by Mark Kaplan from the Burlington law firm of Kaplan and Kaplan.

The Office of the United States Attorney for the District of Vermont stated that, on August 2, 2016, Nathan Minervini, 37, of East Haven, Connecticut, was sentenced to 89 months in federal prison after his guilty plea to charges that he conspired to distribute heroin. Chief U.S. District Court Judge Christina Reiss also ordered that Minervini serve five years of supervised release after his prison term.

According to court records, between late 2014 and his arrest in Connecticut on May 7, 2015, Minervini transported significant quantities of heroin from Connecticut to Vermont for re-distribution. In 2009, Minervini pled guilty in the U.S. District Court for the District of Connecticut to charges that he conspired to distribute cocaine. For that offense, Minervini was sentenced to 40 months in federal prison followed by five years of supervised release. Minervini was serving that term of supervised release in Connecticut while he was trafficking heroin to Vermont 2014 and 2015.

While engaged in the Vermont heroin distribution conspiracy, Minervini used a co-conspirator to purchase three handguns at a Vermont gun store. Minervini traded heroin and cash for these firearms and brought them to Connecticut.

After a lengthy investigation by the Burlington Police Department (BPD) narcotics unit and the Drug Enforcement Administration, on May 6, 2016, law enforcement obtained a federal criminal complaint charging that Minervini distributed heroin. When federal agents attempted to arrest Minervini in a residential neighborhood in West Haven, Connecticut on May 7, 2015, he attempted to escape. Minervini repeatedly crashed his car into law enforcement vehicles and fled down a residential street, striking several vehicles in the process. Ultimately, Minervini hit a school bus carrying kindergarten children and his vehicle was disabled. None of the children were injured although a number were brought to the hospital as a precautionary measure. Following the crash, Minervini ran from his car and led agents on a foot chase through the neighborhood. While doing so, Minervini dropped a semi-automatic handgun that had been previously purchased for him in Vermont. The handgun was loaded and had a round in its chamber. Agents were finally able to stop Minervini as he attempted to scale a chain link fence. From Minervini’s person, agents recovered heroin and approximately $4,415 in cash.

Minervini was the last of five defendants to be sentenced in this conspiracy prosecution. On March 21, 2016 Judge Reiss sentenced Stephen Boles, 23, of Williston, Vermont to time served followed by three years of supervised release. According to court records, Boles was a Vermont dealer who sold Minervini’s heroin to Vermont customers and supplied Minervini with handguns.

On April 1, 2016, Judge Reiss sentenced Corey Rispoli, 23, of West Haven, Connecticut to 24 months in federal prison followed by four years of supervised release. According to court records, Rispoli trafficked heroin and cash on Minervini’s behalf during the conspiracy.

On April 11, 2016, Judge Reiss sentenced Brandon Morel, 25, of Colchester, Vermont to time served followed by two years of supervised release. According to court records, Morel was a Vermont dealer who sold Minervini’s heroin to Vermont customers.

On April 14, 2016, Judge Reiss sentenced Samuel Wormer, 27, of Essex, Vermont, to 12 months and one day in federal prison followed by three years of supervised release. According to court records, Wormer was a Vermont dealer who sold Minervini’s heroin to Vermont customers and supplied Minervini with handguns. Wormer had purchased the handgun Minervini was carrying when he was arrested in Connecticut.

For the heroin conspiracy, Minervini faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Minervini serve between 84 and 105 months. The Guidelines also recommended that Minervini serve between 15 and 21 months for violating his conditions of supervised release in Connecticut and that this sentence run consecutively to the prison term imposed for the heroin conspiracy. The United States asked Judge Reiss to impose an overall sentence of 105 months for both the heroin conspiracy and the violation of supervised release. Minervini requested a 65-month sentence.

In determining that an 89-month overall sentence was appropriate, Judge Reiss considered the gravity of Minervini’s offense, the harm heroin has caused to the Vermont community, Minervini’s serious criminal record, and the fact that Minervini armed himself with Vermont handguns while selling heroin.

United States Attorney Eric Miller commended the efforts of DEA, the BPD narcotics unit, and the U.S. Marshals. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.

According to United States Attorney Miller, this prosecution is an excellent example of teamwork between DEA and the Burlington Police Department who worked together to identify and then dismantle a significant pipeline of heroin into the Chittenden County community. Miller stated that “such coordination between federal and local law enforcement is essential to reducing the flow of heroin into Vermont.” United States Attorney Miller also highlighted that this prosecution demonstrates the United States Attorney’s Office’s commitment to holding out-of-state heroin traffickers and their Vermont co-conspirators accountable for their crimes.

The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Minervini is represented by Burlington defense attorney Karen Shingler. Samuel Wormer is represented by Maryanne Kampmann from the Burlington law firm Stetler, Allen & Kampmann. Stephen Boles is represented by Mark Kaplan from the Burlington law firm Kaplan and Kaplan. Brandon Morel is represented by David Watts from the Burlington law firm Blodgett, Watts, Volk & Sussman. Corey Rispoli is represented by Christopher Davis from the Vermont law firm Langrock Sperry & Wool.

The Office of the United States Attorney for the District of Vermont stated that, on July 26, 2016, Lamar Carter, a.k.a. “Bando” and “Boogie,” age 25, of Brattleboro, Vermont, was sentenced to 60 months in prison, having pled guilty to the charge of conspiring to distribute heroin and crack cocaine. United States District Judge Geoffrey W. Crawford, sitting in Rutland, also sentenced Carter to 3 years of supervised release.

Court records show that Carter was arrested for the drug trafficking conspiracy in September 2015 in Brattleboro. For about a year and half prior to his arrest, Carter worked with coconspirators from Brattleboro, Northeast Vermont, and New Jersey selling heroin and crack cocaine in the areas of Lyndon and St. Johnsbury. He was ultimately charged as part of an eight-defendant Indictment. Court records also indicate that Carter possessed guns and used violence in furtherance of the conspiracy. The U.S. Attorney’s Office stated that Carter’s codefendant, Miguel Zayas, 29, of New Jersey, also pled guilty to the heroin and crack cocaine conspiracy, receiving a sentence of 8 years’ imprisonment from Judge Crawford on June 29, 2016. Zayas was the leader of the conspiracy.

Yesterday, Carter’s mother, Jacobina Carter, age 41, also of Brattleboro, was sentenced in Burlington by The Honorable William K. Sessions III, Senior United States District Judge, following her guilty plea to heroin trafficking. Judge Sessions gave Jacobina Carter a 42-month term of imprisonment. Court records further show that Carter began selling narcotics in Vermont in 2006. She started trafficking heroin in 2011 and continued to do so until her arrest in September 2015.

For his crime, Lamar Carter faced a maximum penalty of 20 years in prison. In sentencing Carter, Judge Crawford noted the seriousness of the offense, describing heroin as Vermont’s greatest public health crisis. On the other hand, he observed that Carter had an extremely traumatic childhood and answered to the conspiracy leader, Zayas, during the offense conduct.

The investigation was a collaborative effort of the Vermont State Police Drug Task Force; the Brattleboro, Vermont Police Department; the St. Johnsbury, Vermont Police Department; Homeland Security Investigations; and the Federal Bureau of Investigation.

Assistant United States Attorney Christina Nolan prosecuted the case. Carter is represented by Paul Volk, Esq., of Burlington, Vermont.

The Office of the United States Attorney for the District of Vermont stated that, on July 25, 2016, Jabbar Hutchins, 21, of Newark, New Jersey, was sentenced to 16 months in federal prison after his guilty plea to charges that he distributed heroin. Chief U.S. District Court Judge Christina Reiss also ordered that Hutchins serve three years of supervised release after his prison term.

According to court records, Hutchins transported significant quantities of heroin from New Jersey to Vermont for re-distribution. On October 14, 2015, after an investigation lasting several months, the Vermont State Police Drug Task Force used a confidential informant to purchase approximately 1500 bags of heroin from Hutchins. Following the drug deal, law enforcement agents arrested Hutchins.

For his crime, Hutchins faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Hutchins receive a prison term between 18 and 24 months. In determining the appropriate sentence, Judge Reiss considered the gravity of Hutchins’ offense, the harm heroin has caused to the Vermont community and Hutchins’ lack of a criminal record.

United States Attorney Eric Miller commended the efforts of the Vermont State Police Drug Task Force and the Burlington Police Department for their coordinated work in this investigation. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont. According to United States Attorney Miller, the United States Attorney’s Office and its law enforcement partners will continue to disrupt the flow of heroin into Vermont and hold drug dealers accountable for their serious crimes against the community.

The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Hutchins is represented by Assistant Federal Public Defender Elizabeth Quinn.

The Office of the United States Attorney for the District of Vermont stated that, on July 25, 2016, Jacobina Carter, a.k.a. “Peaches,” 41, of Brattleboro, Vermont, was sentenced to 42 months in prison, having pled guilty to the charge of distribution of heroin. Senior United States District Judge William K. Sessions III, sitting in Burlington, also sentenced Carter to 3 years of supervised release.

Court records show that Carter was arrested in September 2015 in Brattleboro after selling heroin on several occasions to individuals cooperating with law enforcement. She pled guilty on December 21, 2015. Carter was initially released on conditions, including orders that she refrain from using drugs or committing new criminal offenses. In June 2016, however, Judge Sessions incarcerated Carter for positive drug tests and her involvement in assisting an individual selling heroin and crack cocaine in Keene, New Hampshire.

Court records further show that Carter began selling narcotics in Vermont in 2006. She started trafficking heroin in 2011 and continued to do so until her arrest in September 2015. Carter’s son, Lamar Carter, age 25, also of Brattleboro, has pled guilty in a separate case to participation in a large-scale, St. Johnsbury-based heroin trafficking conspiracy. He is set to be sentenced tomorrow in Rutland by The Honorable Geoffrey W. Crawford.

For her crime, Jacobina Carter faced a maximum penalty of 20 years in prison. In sentencing Carter, Judge Sessions noted her violations of Court conditions – including her participation in new drug trafficking activity while on release – as well as the long-term nature of her drug dealing. On the other hand, he observed that Carter was a street-level dealer who did not operate as part of a larger network or exercise control over others.

The investigation was a collaborative effort of the Vermont State Police Drug Task Force; the Brattleboro, Vermont Police Department; Homeland Security Investigations; and the Federal Bureau of Investigation

Assistant United States Attorney Christina Nolan prosecuted the case. Carter is represented by Mark Oettinger, Esq., of Burlington, Vermont.

The Office of the United States Attorney for the District of Vermont today announced federal criminal charges against Peggy Marcelino, 55, and William St. George, 57, both from Burlington. Marcelino is charged with conspiring with Arden Cadle, from New York City, to distribute heroin, cocaine, and crack and to engage in money laundering. St. George is charged with making his apartment on Elmwood Avenue in Burlington available for drug trafficking by Cadle. Cadle was arrested on March 17, 2016. Cadle has been charged with conspiracy, distribution of heroin and crack, possession with intent to distribute heroin and crack, as well as being a felon in possession of a firearm.

Cadle pleaded not guilty to those charges on July 1, 2016. Marcelino and St. George pleaded not guilty today. All three defendants face a maximum sentence of twenty years in jail on the most serious charges. Cadle has been released pending trial. Marcelino and St. George have been detained pending a further hearing next week. The sentences for each of the defendants will be advised by the federal sentencing guidelines. The pending charges against these defendants are merely accusations, and they are presumed innocent until and unless they are proven guilty.

This case was investigated by the Drug Enforcement Administration. The United States is represented in these cases by Assistant United States Attorney Timothy Doherty. Cadle is represented by Assistant Federal Defender Steven Barth.

The Office of the United States Attorney for the District of Vermont today announced federal criminal charges against eight individuals accused of making six different residences on a three-block stretch of Malletts Bay Avenue in Winooski, Vermont available for drug activity. These charges resulted from a long-term investigation into the distribution of heroin and crack cocaine in Winooski. The individuals charged today are alleged to have facilitated drug dealers who distributed over a kilogram of heroin and significant amounts of crack cocaine in 2014 and 2015.

 

The charges announced today involve the following individuals:

• Aja Trieb, age 33, for controlling an apartment at 12 Malletts Bay Avenue in Winooski, VT, and making it available for drug activity.

• Cory Barnier, age 27, and Takorian Hackney, age 31, for controlling an apartment at 33 Malletts Bay Avenue in Winooski, VT, and making it available for drug activity.

• Kerry Rivard, age 36, for controlling an apartment at 37 ½ Malletts Bay Avenue in Winooski, VT, and making it available for drug activity.

• Rachel Gentes, age 37, and Sarah Little, age 47, for controlling an apartment at 74 Malletts Bay Avenue in Winooski, VT, and making it available for drug activity.

• Anne Weber, age 32, for controlling an apartment at 94 Malletts Bay Avenue in Winooski, VT, and making it available for drug activity.

• Tracy Korf, age 53, for controlling an apartment at 98 Malletts Bay Avenue in Winooski, VT, and making it available for drug activity.

In announcing these charges, United States Attorney Eric Miller focused on the multi-layered law enforcement approach necessary to combat the trafficking of heroin and other drugs in Vermont, stating, “Individuals who make their homes available for the purpose of drug distribution play an indispensable role in drug trafficking by giving drug dealers a safe haven from which to operate and peddle their poison. As this lengthy investigation demonstrates, we are committed to going after not only those traffickers who bring drugs to Vermont, but also those facilitators who allow drug dealers to operate and thrive within our communities.”

The Drug Enforcement Agency (DEA) led the investigation resulting in this morning’s arrests. “DEA is committed to investigating and dismantling drug trafficking organizations and those who facilitate their operations,” said Special Agent in Charge Michael J. Ferguson. “DEA will aggressively pursue organizations or individuals who facilitate heroin and crack cocaine trafficking by allowing out of state dealers to utilize their residences and provide customers to the dealers in order to profit and destroy people’s lives, and wreak havoc in Vermont. This investigation demonstrates the strength and continued commitment of our local, state, and federal law enforcement partners."

The charges announced today are the latest in a series brought by federal prosecutors arising out of the DEA’s investigation into a drug distribution ring operating in Vermont under the direction of Michael Villanueva, whose nickname is “Unc.” Between 2014 and 2015, Villanueva and his associates trafficked a significant amount of heroin, crack cocaine, and other drugs in Vermont. For much of this time, Villanueva lived at an apartment in St. Albans, but most of the group’s drug distribution occurred in Winooski, with Villanueva and his co-conspirators operating out of the residences on Malletts Bay Avenue listed in today’s indictments. At a press conference discussing his decision to charge the facilitators federally, Miller pointed to the “cumulative and concentrated impact of drug distribution activity at so many homes along one street in the heart of Winooski.”

The ongoing investigation into drug trafficking by Villanueva and his associates has already resulted in multiple federal convictions:

• On June 10, 2016, Michael Villanueva a.k.a. “Unc” pled guilty to a conspiracy to distribute over a kilogram of heroin and over 280 grams of crack cocaine between July 2014 and September 2015.

• On June 2, 2015, Tyrone Dixon pled guilty to possessing crack cocaine with intent to distribute. Dixon was arrested in January 2015 after agents found 80 grams of crack cocaine hidden inside a loaf of bread within the car he was driving. Dixon admitted in Court to working with “Unc.” Dixon was sentenced to 18-months imprisonment.

• On November 16, 2015, Robert Young pled guilty to conspiracy to distribute heroin. Young was sentenced to 33-months imprisonment.

• On January 6, 2016, Emily Lasell pled guilty to conspiring with Dixon and others to distribute crack cocaine.

• On February 2, 2016, Angela Hoffman pled guilty to a conspiracy to distribute heroin and crack cocaine. Angela Hoffman was arrested in July 2015 after agents seized a significant amount of heroin and crack cocaine from a hotel room in Williston. She admitted to working with and at the direction of “Unc.”

• On May 12, 2016, John Hoffman pled guilty to a conspiracy to distribute heroin and crack cocaine. John Hoffman was also arrested in July 2015 and admitted to distributing heroin and crack cocaine at various locations in Vermont at the direction of “Unc.”

• On July 19, 2016, Sarah Ellwood pled guilty to making her residence in St. Albans available for Villanueva and others to engage in drug activity.

The sentences for each of the defendants who are yet to be sentenced will be advised by the federal sentencing guidelines. Villanueva faces a maximum sentence of life imprisonment with a mandatory minimum of 10-years imprisonment. The defendants charged for making their homes available for drug distribution face a maximum sentence of 20-years imprisonment.

In addition, earlier this week, a federal grand jury returned an indictment charging Dorsey Hunt and Felicia Livingston with conspiring with Villanueva and others to distribute heroin and crack cocaine. The pending charges against Hunt and Livingston are merely accusations and they are presumed innocent until and unless they are proven guilty. Similarly, the charges announced today against the individuals on Malletts Bay Avenue are merely accusations and they are also presumed innocent until and unless they are proven guilty.

In announcing the charges against the individuals who facilitated drug distribution in Winooski, U.S. Attorney Miller praised the agencies that participate in the DEA’s Drug Task force and assisted in the ongoing investigation and resulting arrests, which included the Vermont State Police, the Winooski Police, the Burlington Police, the Essex Police, the Chittenden County Sheriff’s Office, the United States Marshals Service, and the United States Border Patrol.

The United States is represented in these cases by Assistant United States Attorneys Kunal Pasricha and Michael Drescher.

The Office of the United States Attorney for the District of Vermont announced that Shon Paul Shoram, age 38, of Putney, Vermont, was sentenced on July 18, 2016 in the U.S. District Court in Burlington, Vermont, for armed robbery of a pharmacy in South Burlington, Vermont. Chief Judge Christina Reiss sentenced Shoram to four years of imprisonment followed by the statutory maximum of five years of supervised release.

Shoram committed this crime on May 24, 2015 when he walked into the Kinney Drug store in South Burlington, Vermont, carrying a BB gun that resembled a firearm. Upon entering the store, Shoram encountered two clerks, pointed the gun at them, and ordered them to walk to the back of the store where the pharmacy was located. There, Shoram had the pharmacist provide him with Percocet, Hydrocodone, and other drugs. Subsequently, Shoram directed the store employees to a bathroom at the back of the store, where he instructed the employees to remain until he had made his escape. Shoram then changed his clothes and attempted to leave the area, but law enforcement responded swiftly and arrested Shoram soon thereafter.

The case against Shoram was investigated by the South Burlington Police Department and the Vermont State Police.

The United States was represented in the case by Assistant United States Attorney Kunal Pasricha. Shoram was represented by Assistant Federal Public Defendant Steven L. Barth.

The Office of the United States Attorney for the District of Vermont announced today that a Malcolm Tanner, 52, of Burlington, Vermont has been charged by a criminal complaint with possessing a .22 caliber semi-automatic rifle after having been convicted of multiple felonies.  Tanner appeared before United States Magistrate Judge John M. Conroy yesterday, and was detained pending a detention hearing on July 15, 2016.                             

According to the affidavit filed with the complaint, Burlington Police officers had numerous involvements with Tanner dating back to June 2016, after Burlington residents reported a disorderly man with a rifle.  Special agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), through coordination with the New Hampshire Department of Public Safety, determined that Tanner had been convicted of four felonies in the State of New Hampshire.  On July 13, 2016, ATF special agents observed Tanner on Riverside Avenue in Burlington, riding a bicycle with what appeared to be a rifle on his back.  The ATF agents stopped Tanner to examine the rifle, and determined the weapon to be a Sears Roebuck and Co. .22 caliber semi-automatic rifle, loaded with seven rounds of ammunition in its magazine.

If convicted, Tanner faces a maximum of ten years of imprisonment and a $250,000 fine.   The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.

The United States Attorney emphasizes that the charge in the complaint is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty.

United States Attorney Eric S. Miller commended the investigative efforts of ATF and the support received from the Burlington Police Department.  

The United States is represented in this matter by Assistant U.S. Attorney Jonathan Ophardt.  Tanner is represented by the Office of the Federal Public Defender for the District of Vermont.

The Office of the United States Attorney for the District of Vermont announced that Ronald Rup Jr., 54, a former resident of Fairfax who now lives in Essex Junction, was sentenced today in United States District Court in Brattleboro to 27 months of imprisonment following his guilty plea to a charge of wire fraud.  U.S. District Judge J. Garvan Murtha also ordered that Rup serve three years of supervised release following completion of his prison term and pay restitution of more than $1.5 million.  The court directed Rup to surrender to the Bureau of Prisons on September 13 to begin serving his sentence. 

Last October, the United States Attorney filed a criminal information charging Rup with wire fraud and Rup pleaded guilty to that charge in November.  According to the information, Rup was employed by Agri-Mark as its manager of IT infrastructure.  Several years ago, when Agri-Mark was constructing a new headquarters in Waitsfield, Rup was the employee responsible for purchasing the IT network equipment for the facility.  As part of his criminal scheme, Rup caused Agri-Mark to purchase more than 100 pieces of switching equipment than were needed to serve the new building.  The switches were expensive – many costing $8500 or more.  Between about April 2012 and March 2014, Rup stole the extra switches from Agri-Mark's inventory and sold them over the Internet to a Texas company which specializes in buying and selling new and used IT networking equipment.  Rup sold the switches for about one-third of their cost to Agri-Mark.  The Texas company paid for the switches by depositing funds into Rup's PayPal account.  Altogether, Rup realized more than $475,000 from the sales.  He used the money to buy vehicles, snowmobiles, motorcycles and jewelry, and to pay for improvements to his home. 

This case was investigated by the Federal Bureau of Investigation.

Rup is represented by Brooks McArthur.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that, Phillip Wilson, age 36, of Burlington, Vermont, was arrested on July 6, 2016 and charged via federal criminal complaint with distributing heroin on June 23, 2016. Wilson made his initial appearance in federal court on July 6, 2016 before U.S. Magistrate Judge John M. Conroy. At a detention hearing on July 7, 2016, the Court ordered Wilson detained pending trial.

According to court records, the Vermont State Police Drug Task Force conducted a lengthy investigation into potential heroin distribution by Wilson. On July 6, 2016—the same day Wilson was arrested—law enforcement executed federal search warrants at Wilson’s residence in Burlington and at a second residence associated with Wilson in Essex, Vermont.

If convicted on the current charge, Wilson would face a statutory maximum term of 20 years in prison. His actual sentence would be determined with reference to the federal sentencing guidelines. United States Attorney Eric Miller emphasized that the charge in the criminal complaint is only an accusation and Wilson is presumed innocent unless and until he is proven guilty.

United States Attorney Miller commended the efforts of the agencies involved in this investigation, which include the Vermont State Police Drug Task Force, the Drug Enforcement Administration, the Bureau of Alcohol Tobacco Firearms and Explosives, and the Burlington Police Department.

The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Wilson is represented by defense attorney Mark Oettinger.

The Office of the United States Attorney for the District of Vermont announced today that Diheim Young, age 32, of Brooklyn, New York has pleaded guilty to a conspiracy to distribute heroin and crack cocaine in Rutland, Vermont as well as a conspiracy to engage in sex trafficking women between Vermont and New York. Young pleaded guilty to sex trafficking five women between 2012 and 2015. Four of the women were Vermont residents at the time they were trafficked.

According to the public record, Young worked with a series of women who assisted him in the drug trade. These women sold drugs for him, transported him to meet drug customers in and around Rutland, Vermont and transported him to New York City to pick up drugs from his source of supply. When the women were sufficiently addicted to be dependent upon him, Young turned their addictions against them as a means of controlling them. With some of the women, he convinced them to travel to New York City with him under false pretenses and once there, he forced them to prostitute themselves either by posting advertisements on a website called Backpage or by forcing them to walk what is known as “the track.” If the women refused to engage in prostitution, Young withheld drugs from those who were addicted knowing that they would get sick from withdrawal. Young would also hit the women or threaten to hit them if they refused to do as Young said or attempted to escape.

With some of the Vermont women, Young also confiscated their cell phones and identification documents as a means of isolating and controlling them once they were in New York. One of Young’s siblings made his apartment in Brooklyn, New York, available for use as part of the sex trafficking scheme. This residence was used as a location to photograph the women for purpose of creating Backpage advertisements, which Young used to advertise some of the women for sale to potential sex buyers. Young also held the women at the Brooklyn apartment where he assaulted them physically and sexually if they refused to engage in commercial sex acts or tried to leave him. Young took the proceeds earned by the women for engaging in forced prostitution and threatened them that if they stopped providing him with these prostitution proceeds, he would harm them further.

Young is scheduled to be sentenced on November 7, 2016. At sentencing, Young faces up to lifetime imprisonment for the sex trafficking crimes, as well as a maximum of five years supervised release, a $5,000 special assessment, and mandatory restitution for the victims. His sentence will be advised by the Federal Sentencing Guidelines.

United States Attorney Eric Miller commends the investigative efforts of the Federal Bureau of Investigation, the Southern Vermont Drug Task Force, and the Rutland Police Department, who worked together in this investigation. Miller highlighted the United States Attorney's Office’s intense focus on preventing and prosecuting human trafficking in Vermont. In November 2015, the Office produced a public service announcement designed to help prevent human trafficking and to put trafficking victims in touch with the services they need. That PSA, which won a national Telly Award, can be viewed at UCanStopTraffick.org. In the wake of Mr. Young's guilty plea, Miller added, "Our office is equally committed to preventing and prosecuting human trafficking in Vermont. This case demonstrates that we will vigorously investigate and hold accountable drug dealers who coerce addicts into performing commercial sex for profit."

The United States is represented in this case by Assistant U.S. Attorney Heather E. Ross. The defendant is represented by Assistant Federal Public Defender Elizabeth Quinn.

The Office of the United States Attorney for the District of Vermont announced that Matthew S. Melvin, age 34, from Shelburne, Vermont, has been arrested and indicted on identity theft and related charges. Melvin made his initial appearance in federal court on June 30, 2016 for his arraignment on the ten-count indictment. Magistrate Judge John M. Conroy ordered Melvin released on various conditions of pre-trial release.

As charged in the indictment, from approximately 2008 through 2013, Melvin devised a scheme to defraud multiple companies around the nation by means of fraudulent pretenses and aggravated identity theft. As part of the scheme, Melvin applied for jobs to multiple companies using stolen or assumed identities, and Melvin convinced these companies to mail or wire him money in the names of the stolen or assumed identities. Melvin had the fraudulently-obtained proceeds from his scheme deposited into his personal bank accounts, and Melvin subsequently transferred those funds between his bank accounts. The indictment charges Melvin with three counts of mail fraud, three counts of wire fraud, three counts of identity theft, and one count of money laundering.

The charges against Melvin are merely accusations and Melvin is presumed innocent until proven guilty. If convicted, Melvin’s sentence will be advised by the federal sentencing guidelines.

The case against Melvin is being investigated by the Internal Revenue Service, with assistance from the United States Secret Service.

The United States is represented in this case by Assistant United States Attorney Kunal Pasricha. Melvin is represented by Assistant Federal Defender Elizabeth K. Quinn.

The Office of the United States Attorney for the District of Vermont announced today that Loreto Kudera, age 45, and Hazel Kudera, age 43, a married couple from New York, New York, who have pleaded guilty to an immigration fraud scheme, have paid the final installment of their $1 million forfeiture penalty representing ill-gotten gains from the scheme.

On June 9, 2016, the Kuderas pleaded guilty to charges that they conspired to commit immigration fraud. According to the public record, Hazel Kudera owns several medical staffing agencies in New York specializing in providing nursing professionals to hospitals, outpatient and skilled nursing facilities. She and her husband, Loreto Kudera, then a lawyer at the Law Offices of Barry Silberzweig, in New York, New York, provided false and fraudulent information to the U.S. Citizenship and Immigration Services in St. Albans, Vermont when applying for H1-B visas for foreign nurses.

The H-1B visa program permits an employer to petition on a behalf of a foreign national beneficiary to enter the United States for the specific purpose of working for the employer in a specialty occupation. There are a limited number of H-1B visas available each year, and the purpose of the program is to ensure that these visas go to legitimate beneficiaries to fill specialty positions from a qualified work force. Working as a general RN or LPN is not considered a specialty occupation by the U.S. Citizenship and Immigration Service. Knowing this, Hazel Kudera and Loreta Kudera falsely stated that these foreign nurses, mostly from the Philippines, would be working in specialty occupations at prevailing wage rates when, in fact, they were going to work as LPNs or RNs at much lower rates, mostly at nursing homes. Hazel Kudera and Loreto Kudera profited from this scheme from the filing fees they collected from the beneficiaries as well as from the health care facilities which were paying fees to the medical staffing agencies owned by Hazel Kudera. The Kuderas admitted that they submitted 100 or more fraudulent petitions as part of their scheme. As a result of their convictions, the Kuderas agreed to forfeit $1,000,000 in illegal proceeds to the United States.

The Kuderas are scheduled to be sentenced on September 28, 2016. The maximum penalties for their conviction are five years of imprisonment, three years of supervised release, or a fine of $250,000 or twice the amount of gross gain, whichever is greater. The sentence will be advised by the United States Sentencing Guidelines.

The United States Attorney commended the investigative efforts of the United States Department of State, Diplomatic Security Service, the United States Department of Labor Office of Inspector General, Office of Labor Racketeering and Fraud, and the United States Department of Homeland Security, Homeland Security Investigations, in Boston, Massachusetts, who jointly spearheaded the investigation. The United States Attorney also wishes to thank the United States Citizenship and Immigration Service, Security Fraud Division, at the Vermont Service Center in St. Albans, Vermont for their assistance with the investigation.

The United States is represented in this case by Assistant U.S. Attorney Heather E. Ross. Hazel Kudera is represented by Richard Willstatter of Green & Willstatter, White Plains, New York and Loreto Kudera is represented by Marc Fernich of New York, New York.

The Office of the United States Attorney for the District of Vermont stated that Alison Gu, 40, of Cheshire, Connecticut was arraigned today in federal court on a three-count indictment charging her with bank fraud, aggravated identity theft, and false statements in connection with a passport application. U.S. Magistrate Judge John M. Conroy ordered that Gu be released on conditions, including that she not open new lines of credit, pending trial in this matter. If convicted, Gu faces a maximum possible penalty of 30 years in prison for bank fraud; up to 10 years in prison for making a false statement in an application for a U.S. passport; and a mandatory 2-year sentence for using the identifying information of another person in connection with the passport application. Gu also faces potential fines of up to $1,000,000.

According to court records, between March and September 2015, Gu, using several aliases, obtained over $1,000,000 through submission of mortgage loan applications and re-financing applications to Bank of Bennington, First National Bank of America, and Emigrant Mortgage Company containing false information. The fraud scheme included the establishment of false identities using the Social Security Numbers of deceased individuals; the submission of altered bank statements, forged employment records, and forged pay statements to the financial institutions; and the forged signature of a United States consular official in China. Also according to the indictment, Gu made false statements in a March 27, 2015 application for a U.S. passport in Vermont. Gu submitted the passport application using the identifying information of another individual. The indictment also alleges that certain properties in Vermont and Florida are forfeitable to the United States as proceeds of the fraud scheme.

Gu was arrested in Connecticut on June 13, 2016, and made an appearance in federal court that day, where she was ordered to appear today in Burlington.

United States Attorney Eric S. Miller emphasized that the indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. Should Gu be convicted of the charged crimes, the sentence will be advised by the Federal Sentencing Guidelines.

The investigative agency in this case is the United States Department of State Diplomatic Security Service, St. Albans, Vermont Resident Office. Assistant U.S. Attorney Kevin J. Doyle is handling the prosecution of this matter. Gu is represented by David L. McColgin, Esq. of the Federal Defender’s Office.

The Office of the United States Attorney for the District of Vermont announced that Arturo Puello, age 32, of Queens, New York, was sentenced on June 22, 2016 in the U.S. District Court in Brattleboro, Vermont, for possessing counterfeit United States currency.  Judge J. Garvan Murtha sentenced Puello to five months imprisonment, followed by two years of supervised release.  The Court based its sentence on an analysis of all the relevant sentencing factors, and Puello’s sentence of five months imprisonment was within the range recommended by the advisory federal sentencing guidelines. 

The case began on May 16, 2015 when a Bellows Falls, Vermont police officer found Puello’s vehicle disabled on the side of Vermont Route 5.  After speaking with Puello and other occupants of the disabled vehicle, police conducted a search of the vehicle, which resulted in the discovery of $15,000 in counterfeit United States currency in a compartment in the cargo area of the vehicle.  Puello subsequently admitted to possessing the counterfeit notes and stated that he had received them from a man in New York and transported them to Vermont.  Puello pled guilty in federal court to the charged offense on February 2, 2016.

The case against Puello was investigated by the United States Secret Service and the Bellows Falls Police Department. 

The United States was represented in the case by Assistant United States Attorney Kunal Pasricha.  Puello was represented by Assistant Federal Public Defendant David L. McColgin. 

The Office of the United States Attorney for the District of Vermont announced that Misti Baker, 36, of Brandon, Vermont, was arrested today as part of a national healthcare fraud takedown.  U.S. Magistrate Judge John M. Conroy ordered Baker detained pending a detention hearing on June 24, 2016.

On June 8, 2016, a federal grand jury in Rutland returned an indictment charging Baker with health care fraud.  According to the indictment, Baker defrauded the State of Vermont’s Children’s Personal Care Services (CPCS) program.  CPCS, which is jointly funded by federal and Vermont Medicaid dollars, is designed to provide supplemental assistance with self-care and activities of daily living to Medicaid-eligible children with significant disabilities or health conditions.  Three of Baker’s children qualified for the CPCS program.  The indictment alleges that Baker submitted false time sheets and diverted funds for her own use, rather than obtaining supplemental assistance for her children. The indictment charges Baker with submitting false time sheets and fraudulently diverting approximately $77,306.57 in health care funds. 

The United States Attorney emphasized that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until she is proven guilty. If convicted, Baker faces up to ten years’ imprisonment, and a fine of up to $250,000.  The actual sentence would be determined with reference to federal sentencing guidelines.

Baker was arrested today as part of a nation-wide initiative to combat health care fraud.  Over 30 federal districts, from Alaska to Florida, unveiled charges against approximately 300 defendants who participated in a variety of schemes which involved more than $900 million of fraud. The national initiative is described more fully in a press release issued by the Department of Justice earlier today and available at https://www.justice.gov/opa/pr/national-health-care-fraud-takedown-results-charges-against-301-individuals-approximately-900.

United States Attorney, Eric S. Miller, commended the investigative efforts of the Department of Health and Human Services Office of Inspector General, Boston Regional Office, and the Vermont Medicaid Fraud Control Unit.  Miller added, “Health care fraud is not an abstract or victimless crime.  The defendants pursued by the Department of Justice and the Department of Health and Human Services in this operation have allegedly enriched themselves by stealing taxpayer money designated to help people who are most in need.” 

The United States is represented in this case by Assistant U.S. Attorney Jonathan Ophardt.  Baker is represented by Christopher L. Davis, Esq. of Langrock, Sperry, & Wool, LLP.

The Office of the United States Attorney for the District of Vermont stated that Christopher Pappano, age 55, of Milton, Vermont, was sentenced to 10 years in federal prison on drug and weapons charges by U.S. District Court Judge Geoffrey Crawford in U.S. District Court in Rutland on June 8, 2016. Judge Crawford also ordered Pappano to serve a five-year term of supervised release after completing his 10-year jail term.

On January 20, 2016, Pappano pleaded guilty to three federal felonies: conspiring to distribute cocaine; possessing nine stolen firearms; and possessing a handgun as a convicted felon. He has been in the custody of the U.S. Marshal’s Service since his arrest on December 30, 2014. According to court documents, Pappano was the President of “The Brotherhood,” a small motorcycle club that he formed in the summer of 2014. In late 2014, Pappano assaulted several associates, and members of The Brotherhood committed two residential burglaries and three robberies of convenience stores. Pappano reportedly is a member of the Aryan Brotherhood, a white supremacist organization. In resolving his federal charges, Pappano also pleaded guilty to two State of Vermont felony offenses: assault and grand larceny.

The case was investigated by the St. Albans Barracks of the Vermont State Police, the Bureau of Alcohol, Tobacco and Firearms, and the Milton Police Department. Pappano was represented by attorney Robert Katims. The United States was represented by Assistant U.S. Attorney Bill Darrow.

The United States Attorney for the District of Vermont announced that Marcus Delille, 27, of Brooklyn, New York, was sentenced today in United States District Court in Burlington to four months of imprisonment for possessing counterfeit credit cards and identification documents. Chief U.S. District Judge Christina Reiss also ordered that Delille serve three years of supervised release following completion of his prison term. The court directed that Delille surrender to the U.S. Marshal in Vermont on June 22 to begin serving his sentence.

On June 17, 2015, a federal grand jury in Rutland returned a two-count indictment charging Delille with fraudulently possessing 15 or more counterfeit access devices and unlawfully possessing five or more false identification documents. In March, Delille pled guilty to the access device count. According to court records, Delille was stopped for speeding by a Vermont State trooper on April 23, 2015 just north of Brattleboro. During the course of the traffic stop, the trooper discovered that Delille had in the rental car he was driving and on his person 39 counterfeit credit cards that had not been issued to him, as well as five counterfeit driver's licenses which appeared to have been issued by California, Texas, Pennsylvania and Illinois.

Delille was originally charged in state court with identity theft but those charges were dismissed after the federal indictment was returned. Delille is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont announced that a federal grand jury indicted Matthew T. Martin, 31, from the Springfield area of Vermont, for armed robberies of a bank in Brattleboro and a credit union in Ludlow. Martin appeared in federal court on June 14, 2016 for his arraignment on the two-count indictment. Magistrate Judge John M. Conroy ordered Martin remanded to custody and detained pending trial.

As charged in the indictment, on December 14, 2015, Martin committed an armed robbery of a branch of the People’s United Bank in Brattleboro, Vermont. In committing this offense, Martin assaulted others by using a dangerous weapon and device. Specifically, Martin robbed the bank by using a BB gun that resembled a firearm and by using a device that purported to be a bomb.

Shortly thereafter, on December 21, 2015, Martin committed an armed robbery of a branch of the Heritage Family Credit Union in Ludlow, Vermont. Again, Martin assaulted others by using a dangerous weapon, specifically, a BB gun that resembled a firearm.

Martin surrendered in December 2015 after the U.S. Marshals publicly named him a “Fugitive of the Week” based on outstanding arrest warrants in both New Hampshire and Vermont arising out a string of armed robberies. Authorities are continuing to investigate Martin for additional robberies he may have committed in 2015, other than the two robberies charged in the indictment announced by the U.S. Attorney’s Office.

The charges against Martin are merely accusations and Martin is presumed innocent until and unless he is proven guilty. If convicted, Martin faces a maximum penalty of up to twenty-five years in prison for each of the two counts of armed robbery. The actual sentence upon conviction will be advised by the federal sentencing guidelines.

The collaborative team investigating Martin has included federal, state, and local law enforcement agents, including those from the Federal Bureau of Investigation, the Vermont State Police, the New Hampshire State Police, and the police departments in Brattleboro, Springfield, and Ludlow.

The United States is represented in this case by Assistant United States Attorney Kunal Pasricha. Martin is represented by attorney Jordana Levine.

The Office of the United States Attorney for the District of Vermont announced today that a federal grand jury returned an indictment charging John Penwarden, a professional photographer of Orwell, Vermont, with Possession of Child Pornography, including at least one depiction involving a prepubescent child or a child not yet twelve years old. The defendant appeared today in District Court in Burlington before Magistrate Judge John M. Conroy and entered a plea of not guilty to the sole count of the indictment. Federal authorities adopted the case from the state, where multiple charges had been pending against the defendant, including the Use of a Child in a Sexual Performance, Possession of Child Pornography, Aggravated Sexual Assault, and Possession of Marijuana. According to the Addison County affidavit submitted on May 8, 2015, law enforcement executed a search warrant on the defendant’s home in December 2014, following reports by a then-thirteen year old victim that the defendant had committed repeated sexual contact offenses with her beginning when she was eight or nine years old, including taking pornographic pictures of the victim. According to the same affidavit, the search warrant was followed by a forensic analysis of the defendant’s computer and electronic hardware. In sum, the report indicated that the state examiners discovered approximately 76 sexually explicit images of both male and female children, ranging in age from toddler to early teen. Of those 76 images, approximately 50 appeared to be sexually explicit depictions of the reporting victim. If convicted, Penwarden faces up to twenty years of imprisonment. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The case was assigned to United States District Court Judge Geoffrey W. Crawford in Rutland, Vermont. The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. The United States is represented in this matter by Assistant U.S. Attorney Abigail Averbach. John Penwarden is represented by Jordana Levine, Esq. Homeland Security Investigations, the investigative arm of the Department of Homeland Security, has agreed to assist the Vermont State Police and spearhead further investigation.

The Office of the United States Attorney for the District of Vermont stated that Gregory Harriman, 52, formerly of Bennington, Vermont, pleaded guilty today to two counts of mail fraud before District Judge William K. Sessions III, in federal court in Burlington one day after the jury was selected for his upcoming federal trial. The mail fraud scheme Harriman acknowledged involved the embezzlement of funds by Harriman while he served as plant manager of NSK Steering Systems America, one of the largest employers in Bennington. Harriman admitted that from 2007 through 2011, he ran a scheme to obtain money from NSK by means of false and fraudulent pretenses, representations, and promises, whereby he caused NSK to pay invoices that were false and he had some of the money paid on those invoices redirected to benefit himself. As part of the scheme, Harriman set up Frontier Automation with James Waters and directed NSK work to Frontier Automation starting in 2007 and continuing through 2011. Harriman concealed from NSK his control of, and interest in, Frontier Automation. He assisted Waters in preparing false quotes and invoices sent from Frontier Automation to NSK. At NSK, Harriman approved or directed others at NSK to approve these false invoices for payment, despite knowing that Frontier Automation had not performed the work listed on the invoices. During the course of the scheme, NSK paid Frontier Automation hundreds of thousands of dollars on false invoices. In addition, Harriman convinced the owner of Red C Parts to provide NSK an invoice for work Red C Parts did not perform. Harriman controlled the purchase on behalf of NSK, approving the purchase and the invoice for payment. Harriman also had substantial portions of the funds paid by NSK for this invoice redirected to benefit himself. Harriman left NSK in 2011. Under the plea agreement filed in connection with the guilty plea, Harriman faces a sentence of no less than 24 months in jail and no more than 30 months. Harriman also agreed to pay restitution in the amount of $386,850 to NSK. The Court scheduled the sentencing for November 7, 2016. Waters has previously pleaded guilty to participating in the mail fraud scheme. This case was investigated by the Federal Bureau of Investigation. AUSAs Paul Van de Graaf and Kunal Pasricha prosecuted the case. Harriman is represented by Thomas Sherrer of Burlington.

The Office of the United States Attorney for the District of Vermont announced that Paul Hebert, 51, of Gloucester, Massachusetts, formerly of Barre, Vermont, was sentenced today for Social Security fraud and Medicaid fraud.  Chief District Judge Christina Reiss sentenced Hebert to a four year term of probation, a $5,000 fine, and ordered to pay restitution totaling $53,660.57.

According to Court records, Hebert applied for Supplemental Security Income (SSI) in May 2009 while residing in the State of Vermont.  After Hebert’s application was denied, he requested a formal hearing before an Administrative Law Judge.  During that hearing, Hebert made multiple material false statements under oath regarding his ability to perform basic life activities, such as driving and lifting household objects.  Yet before and after the hearing, Hebert worked as a commercial fisherman.  Hebert’s material false statements resulted in the Administrative Law Judge finding him to be both disabled and financially eligible to receive SSI benefits. 

On November 18, 2010, Hebert received formal notification of the approval of his SSI application, and was informed of his obligation to review his prior statements regarding his income, correct any errors, and report any future changes to the Social Security Administration (SSA).  The November 18, 2010 letter included Hebert’s prior statements that he had no income beyond state assistance.  In fact, Hebert had been gainfully employed on commercial fishing vessels throughout October 2010.  Hebert proceeded to collect SSI disability payments until April 4, 2013 by direct deposit into his bank account, totaling $34,555.88.  In addition, Hebert signed a contract on September 13, 2011 to appear on the reality television show “Wicked Tuna,” with shooting that began on September 25, 2011, and regularly occurred thereafter.  Episodes of “Wicked Tuna” began to air on television in April 2012.  In total, defendant Hebert received approximately $2,565 of earned income in 2009; approximately $8,301.81 of earned income in 2010; $13,114.29 of earned income in 2011; and $38,893.05 of earned income in 2012; all while he continued to receive SSI disability payments.  None of this income was declared to SSA, as required by law.

On February 24, 2009, Hebert applied for Medicaid through the Vermont Agency of Human Services while he was residing in Vermont.  Questions on his initial application, designed to ascertain whether he was financially eligible for Medicaid, included whether he owned a vehicle, whether he had income, whether he lived with anyone, and whether he owned real estate, a mobile home, land, or a house.  Hebert falsely responded that he lived alone, had no income, had no vehicles, and did not own any listed assets. 

Hebert received notice, as part of the Medicaid program, that he was obligated to report changes in circumstances from those listed on the form.  He was also required to complete interim reports with the Vermont Agency of Human Services.  In his October 6, 2011 interim report, Hebert declared he had no new income when, in fact, he had received income from fishing since 2009, and had just begun shooting the television show 11 days prior to completing the report.  In total, Medicaid claims of $9,506.59 were paid for health care services provided to Hebert in the State of Vermont before his benefits were terminated in approximately October 2012.  At no point did Hebert report his changes in income or the above asset transactions as he was required to do. 

“It is outrageous that Paul Hebert pretended to be disabled and poor in order to collect Medicaid benefits, while at the same time starring as a captain of a fishing boat in a national TV reality show,” said Special Agent in Charge Phillip M. Coyne, Department of Health and Human Services Office of Inspector General, Boston Regional Office.  “Our agency will continue to work hard with our law enforcement partners to protect this taxpayer-funded program from such fraud schemes.”

"Mr. Hebert falsely claimed to be disabled and concealed income information to defraud Social Security and the State of Vermont, while his tuna fishing activities were featured in a reality television series," said Scott Antolik, Special Agent-in-Charge of the SSA Office of the Inspector General, Boston Field Division. "This is an unacceptable offense, because Supplemental Security Income and Medicaid are intended to benefit our most vulnerable citizens. As this case demonstrates, the SSA Office of the Inspector General is committed to upholding the integrity of these critical programs through collaborative efforts with State and Federal agencies."    

United States Attorney Eric S. Miller commended the efforts of the SSA Office of Inspector General, Boston Field Division; HHS Office of the Inspector General, Boston Regional Office; and the National Oceanic Atmospheric Administration, Office of Law Enforcement, in the investigation and prosecution of Hebert. Miller added, “Mr. Hebert’s flagrant abuse of the Social Security system is galling.  He demonstrated a profound disrespect for the taxpayers who fund our social safety net and for the Vermonters who must rely upon it to help meet their most basic needs.  I am pleased that our prosecution forced Mr. Hebert to repay every cent he stole.”

Hebert was represented by Paul S. Volk, Esq.  The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.

The Office of the United States Attorney for the District of Vermont stated that Donald Ray Boles, 59, of Wilmington, Vermont, was convicted on June 3, 2016, in United States District Court in Burlington, Vermont, following a four-day trial by jury. U.S. District Judge William K. Sessions III ordered Boles remanded into custody after the jury returned its verdict. According to court records and proceedings, on September 6, 2011, the Federal Bureau of Investigation executed a warrant to search Boles’ residence for evidence of child pornography. During the search, numerous computers and other digital media were seized. During a forensic examination conducted by the Vermont Internet Crimes Against Children Task Force, approximately 140 images of child pornography were found on various computers and hard drives from the residence. Boles’ computers also contained thousands of images of child erotica, as well as sexually explicit cartoons, anime, and graphic stories. The computers also revealed that Boles communicated over the Internet with other offenders about their shared interest in preschool and toddler girls. Boles has previously been convicted of possession of child pornography. In 1999, then-U.S. Customs Service agents executed a search warrant of Boles’ residence for child pornography. Boles was charged and eventually pleaded guilty to one count of possession of child pornography in United States District Court in Vermont. In June 2001, Judge Sessions ordered Boles to serve 15 months imprisonment, followed by two years of supervised release. United States Attorney Eric S. Miller commended the efforts of the FBI, the Vermont Internet Crimes Against Children Task Force, and the New York State Police, in the investigation and prosecution of Boles. The prosecution of Boles was handled by Assistant U.S. Attorneys Barbara A. Masterson and Abagail E. Averbach. Boles was represented by Assistant Federal Defenders Steven L. Barth and Elizabeth K. Quinn. U.S. Attorney Miller noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The Office of the United States Attorney for the District of Vermont stated that, on May 23, 2016, Samuel Spivack, 32, of Burlington, Vermont was sentenced to three years of supervised release after his guilty plea to charges that he distributed heroin. U.S. District Court Judge William K. Sessions III ordered that Spivack serve the first three months of supervised release confined to his home with location monitoring, perform 100 hours of community service, and pay a $2,000 fine. Judge Sessions also ordered Spivack to write the court a yearly report detailing his progress at rehabilitation.

According to court records, Spivack was a long-time heroin dealer in the Burlington area who sold heroin to support his own addiction to the substance. During the course of his career as a heroin dealer, Spivack worked for multiple different out-of-state suppliers. In 2015, the Burlington Police Department narcotics unit used a confidential informant to conduct a series of controlled purchases of heroin from Spivack. This investigation led to Spivack’s federal prosecution.

For his crime, Spivack faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Spivack receive a prison term between 27 and 35 months. In determining that a significantly more lenient sentence was appropriate in this case, Judge Sessions considered Spivack’s lack of a serious criminal record, the fact that he sold heroin to support his own severe addiction, and his successful efforts at drug treatment.

United States Attorney Eric Miller commended the efforts of the Burlington Police Department, the Drug Enforcement Administration, the Vermont State Police, and the Northern Vermont Drug Task Force for their coordinated work in this investigation. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont. According to United States Attorney Miller, one aspect of the Vermont Heroin Initiative is to focus law enforcement and prosecutorial resources on local dealers, like Spivack, who regularly facilitate the illegal activities of out-of-state heroin traffickers.

The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Spivack is represented by Burlington defense attorney Mark Kaplan.

The Office of the United States Attorney for the District of Vermont stated that, on May 23, 2016, Jonathan Nisbett, 24, of Newark, New Jersey was sentenced to 36 months in federal prison after his guilty plea to charges that he distributed heroin. Chief U.S. District Court Judge Christina Reiss also ordered that Nisbett serve three years of supervised release following his prison term.

According to court records, in 2015, Nisbett regularly traveled from the New Jersey area to Chittenden County, Vermont with heroin to sell. Nisbett and his associates would distribute the heroin and bring the proceeds back to New Jersey. After conducting a series of controlled purchases from him, on August 11, 2015 agents from the Northern Vermont Drug Task Force and the Vermont State Police arrested Nisbett after he exited a train from New York City in Essex Junction, Vermont. From Nisbett’s luggage, agents seized approximately 2,250 individual use bags of heroin.

For his crime, Nisbett faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Nisbett receive a prison term between 37 and 46 months. The United States and the defense agreed that a 36-month sentence was appropriate.

In accepting the parties’ agreed-upon sentence, Judge Reiss considered the severity of the offense and the negative impact of heroin on the Vermont community.

United States Attorney Eric Miller commended the efforts of Vermont State Police, the VDTF, the Vergennes Police Department, the South Burlington Police Department, and the Burlington Police Department for their coordinated efforts in this investigation. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont. United States Attorney Miller applauded the efforts of the agencies involved in the Heroin Initiative.

The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Nisbett is represented by David McColgin of the Federal Public Defender’s Office.

In November of 2015, the United States Attorney’s Office developed a public service announcement to raise awareness about sex and drug trafficking activities in the state.  This public service announcement “U Can Stop Traffick” has recently been named a winner of a People’s Telly Award. 

The Telly Award is the premier award honoring outstanding local, regional, and cable TV commercials and programs.  This year, there were over 13,000 entries from all 50 states and numerous countries.  The “U Can Stop Traffick” public service announcement, which has been airing on Vermont television stations and can be viewed on the campaign’s website, www.UCanStopTraffick.org, won the highest award, an honor bestowed on less than 10% of the entries. The Telly Award is given by a prestigious judging panel of over 500 accomplished industry professionals, each a past winner of a Silver Telly and a member of The Silver Telly Council, who seek to recognize distinction in creative work.  In addition to recognition from the Silver Telly Council, the Internet community helps decide the People’s Telly Awards winners.  

The “U Can Stop Traffick” public service announcement illustrates the intersection of drug trafficking and sex trafficking in Vermont.  It brings to life how drug dealers are assisted by local individuals, some of whom are coerced by those same drug dealers into the commercial sex trade. The website also includes the powerful stories of women who have been trafficked, recorded in their own words and voices, along with resource lists for individuals in need of help. 

The public service announcement was directed by Christian Clark and produced by Christian Clark, Tim Joy, and Justin Bunnell.  Tim Joy did the cinematography.   When asked to describe his experience in filming the PSA, Christian Clark stated:  “It was a very humbling couple of weeks. The biggest challenge in tackling an issue of this magnitude is choosing what to say in thirty seconds. The PSA we crafted is a conversation starter.  My hope is that the PSA will motivate people to want to learn more and get involved.” Clark added:  “I have the deepest respect for the women who have the courage to share their stories to help spread the word. Furthermore, I want to commend all the great people at the US Attorney’s Office who are working tirelessly day in and day out to put a stop to human trafficking in Vermont.”

U.S. Attorney Miller congratulated the production team for its excellent work in developing the award-winning PSA. “In raising community awareness, the public service announcement is an important step in undermining the foundations of drug dealing in our state and connecting victims with the help and resources they need,” said U.S. Attorney Miller. 

A special two-part series on the human trafficking issues raised in the PSA will air tonight and tomorrow at 6:00 pm on WCAX. 

The Office of the United States Attorney for the District of Vermont stated that Amy C. Fletcher, age 45, of Derby Line, Vermont, appeared for sentencing yesterday on her fraud and tax evasion convictions before Judge J. Garvan Murtha in the U.S. District Court in Brattleboro, Vermont. In June 2015, Fletcher pleaded guilty to wire fraud and filing a false tax return. As office manager of Derby Line Ambulance in 2009-12, she embezzled nearly $290,000. Derby Line Ambulance provides ambulance services to five northern Vermont towns. Now under different management, during 2009-12 it was operated by Brian and Amy Fletcher, then husband and wife. At sentencing yesterday before Judge Murtha, defense counsel David Sleigh urged a non-incarcerative sentence, protesting “mass incarceration.” The United States, represented by Assistant U.S. Attorney Bill Darrow, urged a jail term. Judge Murtha sentenced Fletcher to 15 months’ imprisonment, ordering her to report to the Bureau of Prisons on June 21, 2016, to serve her sentence. Judge Murtha also ordered Fletcher to pay restitution to Derby Line Ambulance in the amount of $289,864. The case was investigated by the Criminal Investigation Division of the Internal Revenue Service and the Federal Bureau of Investigation.

The Office of the United States Attorney for the District of Vermont and the office of the Vermont Attorney General announced the resolution of their investigations of accountant Raymond Kushi and accounting firm Kushi and Myers, PC for submitting or causing to be submitted false claims for payment to Medicaid as part of the rate setting process for the Bennington School, Inc. Under the terms of the agreement, Mr. Kushi and Kushi and Myers, PC paid $105,000 to resolve the matter. Of the $105,000 settlement, the State of Vermont will receive approximately $51,618 and the United States will receive approximately $53,382.

Until 2013, BSI, a for-profit, closely-held corporation, operated a residential program in Bennington, Vermont that offered therapeutic and educational services for socially and emotionally challenged boys and girls. The State of Vermont placed many students at BSI, and was responsible for their tuition and other expenses. The funding for these placements came from the Vermont Medicaid program (approximately 60% federal funding and 40% state funding) and from several Vermont state agencies, including the Agency of Education, the Department of Mental Health, and the Department for Children and Families. This funding was based on a per diem rate for each student, determined on an annual basis by the Division of Rate Setting (DRS), within the Vermont Agency of Human Services. The formula for the rate calculated by DRS for Medicaid and Education payments to BSI was based upon the school’s reported allowable expenses. From at least 2002 through 2011, Raymond Kushi and Kushi and Myers, PC submitted the rate setting materials, including the school’s reported allowable expenses, to DRS for purposes of BSI obtaining Medicaid funding. The Government’s investigation showed that not all of BSI’s claimed allowable expenses contained in the materials submitted by Raymond Kushi and Kushi and Myers, PC were in fact legitimate and allowable for the rate calculation. In 2013, in connection with the global resolution of the criminal and civil investigation of BSI, four former officers of BSI paid a total of $4.3 million to resolve potential civil health care fraud liability.

The current settlement resolves allegations that Raymond Kushi and Kushi and Myers, PC shared responsibility for the false information provided, resulting in an inflated Medicaid reimbursement rate and Medicaid overpayment to BSI from at least 2002 through 2011.

Pursuant to the terms of the settlement agreement, the agreement and payment are neither an admission of liability by Raymond Kushi or Kushi and Myers, PC, nor a concession by the United States or the State of Vermont that their claims were not well founded. The United States and the State of Vermont acknowledge that the scheme at issue here did not impact the quality of services offered to students at BSI.

This matter, in connection with the larger BSI case, was investigated by the United States Attorney’s Office, the Medicaid Fraud and Abuse Unit of the Vermont Attorney General’s Office, the Office of Inspector General of the U.S. Department of Health and Human Services, the Internal Revenue Service, and the Federal Bureau of Investigation.

Raymond Kushi and Kushi and Myers, PC were represented by Warren Hutchison, Esq., of LeclairRyan of Boston, Massachusetts. The United States was represented by Assistant U.S. Attorney Nikolas P. Kerest. The State of Vermont was represented by Assistant Attorney General Steven Monde.

The United States Attorney for the District of Vermont announced that Sally Kirby, 61, of Essex, pleaded guilty today in United States District Court in Burlington to a federal forgery charge. U.S. District Judge William K. Sessions III released Kirby on conditions pending sentencing, which is set for September 26.

On April 25, 2016, the United States Attorney's Office filed a one-count information charging Kirby with forging checks of her employer, Hunger Free Vermont. Kirby pled guilty to that charge today. According to the information, Hunger Free Vermont is a non-profit educational and advocacy organization which provides nutrition education and access to nutrition programs to Vermont's children, families and communities. In 2004, Sally Kirby was hired as the Director of Finance for HFV. Her duties included handling payroll, accounts payable, financial statements and grant allocations.

According to the information, between June 2009 and September 2015, Kirby embezzled about $165,000 from the organization. She did that primarily by issuing HFV checks to herself without authorization, then forging the signature of HFV's executive director on the checks. She deposited many of the checks into a personal credit union account she maintained. Kirby attempted to conceal her embezzlement by altering some entries in HFV's accounting system to make it appear as though checks she issued to herself had been made payable to vendors. The embezzlement was discovered last October.

Kirby faces up to ten years of imprisonment and a fine of up to $250,000. The actual sentence will be determined with reference to federal sentencing guidelines.

This case was investigated by the Federal Bureau of Investigation.

Kirby is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Eric S. Miller, United States Attorney for the District of Vermont, stated that Kenneth Beane, 27, of Rutland, Vermont, was sentenced today by U.S. District Court Judge Geoffrey W. Crawford, to a year and a day in prison for the possession of over 7500 images and videos of child pornography. Beane was also sentenced to five years of supervised release after the completion of his prison term.

According to Court records, as part of an investigation into peer-to-peer file sharing and internet-facilitated child exploitation, agents from Homeland Security Investigations identified Beane as associated with the receipt and distribution of child pornography. On May 20, 2015, agents executed a search warrant at Beane’s residence in Rutland and seized a series of electronics suitable for data storage, including laptop computers, cellular phones, thumb drives, and other storage devices. Imaging of one of the laptops revealed over 7500 videos and images of violent sexual abuse of children.

On June 15, 2015, Beane was indicted by a federal grand jury on a one-count indictment charging him with Possession of Child Pornography, including the possession of at least one visual depiction that involved a prepubescent minor who had not attained twelve years of age. On June 16, 2015, the defendant appeared before United States Magistrate Judge John M. Conroy who released the defendant on conditions pending trial. Beane pled guilty to the indictment on December 3, 2015, before Judge Crawford, who continued Beane’s release. Upon sentencing today, Beane was ordered to surrender to the Bureau of Prisons on June 14, 2016.

This case was investigated by Homeland Security Investigations, the investigative arm of the Department of Homeland Security. The United States Attorney, Eric S. Miller, commends the agency for its work in this critical area. The case was prosecuted by Assistant United States Attorney Abigail Averbach. Beane was represented by Elizabeth Quinn of the Office of the Federal Public Defender.

The Office of the United States Attorney for the District of Vermont stated that, on May 2, 2016, Jesse Harris, 38, of Brooklyn, New York was sentenced to 27 months in federal prison after his guilty plea to charges that he distributed heroin. U.S. District Court Judge William K. Sessions III also ordered that Harris serve three years of supervised release following his prison term.

According to court records, from 2014 until his arrest on June 30, 2015, Harris regularly traveled from the New York City area to Chittenden County, Vermont with heroin to sell. Harris would stay at the apartment of local residents and use that apartment as a base from which to sell heroin to his customers. On June 30, 2016, agents from the Drug Enforcement Administration (DEA) and the Burlington Police Department, who had been jointly investigating Harris, arrested him after he arrived in Vermont via bus. Harris had approximately 500 bags of heroin on his person.

For his crime, Harris faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Harris receive a prison term between 51 and 63 months. The United States argued that Harris should receive a 51-month sentence. In support, the government argued that Harris, who was not a heroin user, trafficked heroin to Vermont solely to earn money and therefore capitalized on Vermont’s heroin epidemic and the suffering of the community.

In determining that a more lenient sentence was appropriate in this case, Judge Sessions considered Harris’ lack of a serious criminal record and the fact that he abided by his pretrial conditions of release, among other factors.

United States Attorney Eric Miller commended the efforts of DEA and the Burlington Police Department for their coordinated efforts in this investigation.

The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Harris is represented by David McColgin of the Federal Public Defender’s Office.

The Office of the United States Attorney for the District of Vermont stated that Andre Clarke, age 37, of the Bronx, New York, plead guilty on May 2, 2016 before the Honorable William K. Sessions, III, to conspiring to distribute Oxycodone in Vermont from 2011 through June 2014. Clarke, a New York City police officer, received a preliminary sentencing date of August 29, 2016. Judge Sessions released him on previously imposed conditions until his sentencing.

On July 7, 2015, a federal grand jury sitting in Burlington handed down a multi-count Indictment, which charges Clarke, Michael Foreste, and Dannis Hackney with the Vermont Oxycodone conspiracy. Foreste and Hackney are charged with additional drug trafficking and money laundering offenses. Both men have entered pleas of not guilty and are awaiting trial. According to prosecutors, Clarke, who lived in the Bronx and Long Island during the events in question, supplied oxycodone to Michael Foreste, of Valley Stream, New York. Foreste, in turn, supplied the pills to Dannis Hackney, of Burlington, Vermont, who sold them to Burlington area addicts. Foreste personally brought Hackney pills, and sometimes sent them via U.S. Mail. Clarke, Foreste, and Hackney transferred drug proceeds using various bank accounts. Foreste and Hackney are also each charged with two counts of money laundering based on this banking activity. Foreste and Hackney have been in custody since their arrests in June 2014 and are awaiting trial.

Each defendant faces up to 20 years in prison in the event of conviction on the oxycodone charge. The money laundering counts also carry a maximum penalty of 20 years' imprisonment. The actual sentence, in the event of conviction, will be determined by the Court with reference to the advisory Federal Sentencing Guidelines and other statutory sentencing factors.

The investigation has spanned about two years and is a collaborative effort of Homeland Security Investigations; the Federal Bureau of Investigation; the Drug Enforcement Administration; and the New York City Police Internal Affairs Bureau.

Assistant United States Attorney Christina E. Nolan is handling the prosecution. Clarke is represented by Chandler Matson, Esq., of Stowe, Vermont.

The United States Attorney for the District of Vermont announced that Donna Young, 67, of Wilmington, pleaded not guilty today in United States District Court in Burlington to charges that she made false statements under penalty of perjury in three bankruptcy cases she filed. U.S. Magistrate Judge John M. Conroy released Young on conditions pending trial, which has not been scheduled.

On April 13, 2016, a federal grand jury in Rutland returned a three-count false statement indictment against Young. Young was arrested on that charge today. According to the indictment, on two dates in 2013 and a third time in October 2014, Donna Young filed bankruptcy petitions in the U.S. Bankruptcy Court for Vermont. The petitions were fraudulent because they were filed in the name of Donna Young's daughter, Kelli-Ann Young, without Kelli-Ann’s knowledge or consent. According to the indictment, Donna Young forged Kelli-Ann Young’s signature on each of the petitions, which she swore to under penalty of perjury. At the time the petitions were filed, there was a foreclosure and eviction proceeding pending in Vermont state court involving a property in West Dover that Kelli-Ann Young had at one time owned. Donna Young was living in the West Dover house during the foreclosure and the filing of the bankruptcy petitions automatically stayed those eviction proceedings.

The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until she is proven guilty.

If convicted, Donna Young faces up to five years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.

This case was investigated by the Federal Bureau of Investigation.

Young is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.

Boston, MA – During the last and 10th National Prescription Drug Take-Back Day the New England Field Division over the course of four hours collected 67,107 pounds of expired, unused and unwanted prescription drugs at 596 collection sites throughout New England. The U.S. Drug Enforcement Administration (DEA) is continuing its efforts to take back unused, unwanted and expired prescription medications. The DEA invites the public to bring their potentially dangerous, unwanted medicines to one of the hundreds of collection sites all over New England. Many local Police Departments across Massachusetts, Connecticut, Rhode Island, New Hampshire, Maine and Vermont have drop off receptacles or kiosk that is secured in the lobby of their Police Departments so that the public can drop off unused, unneeded, and expired prescription medications 7 days a week throughout the year with no questions asked in an anonymous manner. There will also be numerous collection sites all over New England on April 30, 2016 in some Town Halls, Senior Centers, Community Centers and pharmacies. The public can find a nearby collection site by visiting www.dea.gov clicking on the “Got Drugs” icon, and entering the zip code into the search window, or they can call 800-882-9539.

All across America and especially here in New England we are experiencing an epidemic of addiction, overdose and death due to abuse of prescription drugs, particularly opioid painkillers. 6.5 million Americans abuse prescription drugs, according to the most recent National Survey on Drug Use and Health, which is more than abuse cocaine, heroin, and hallucinogens combined.

"Many Americans are not aware that medicines which languish in home cabinets are highly vulnerable to diversion, misuse, and abuse," said DEA Special Agent in Charge Michael J. Ferguson. "Rates of prescription drug abuse in the U.S. are at alarming levels, as are the number of accidental poisoning and overdoses due to the illegal use of these drugs. Please take the time to clean out your medicine cabinet and make your home safe from drug theft and abuse."

Eric Miller, the United States Attorney for the District of Vermont, added, “It is no secret that for many people, opiate addiction begins with the misuse of prescription pain medication. By properly disposing of unused prescription drugs, every Vermonter can do his or her part in keeping our communities safe.”

Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms. The removal from homes of unwanted prescription pills that can be abused, stolen or resold is an easy way to help fight the epidemic of substance abuse and addiction.

The Office of the United States Attorney for the District of Vermont stated that today Bernard Savage, 57, plead guilty before Judge William K. Sessions to conspiring to distribute powder cocaine and oxycodone, between 2014 and June 2015. Savage also agreed to pay a forfeiture money judgment of $75,000 on or before August 29, 2016, the current scheduled date for his sentencing. At that time, the Court could sentence Savage up to 20 years in prison and a fine of up to $1,000,000. According to court records, Savage admitted during undercover recordings to dealing powder cocaine, oxycodone and marijuana. Between October 2014 and June 2015, Savage participated in multiple undercover drug sales as part of the charged conspiracy. On three occasions, he sold powder cocaine, and on three occasions he sold oxycodone pills to a confidential informant. All of the sales took place at Savage’s residence at 152 Route 2 in Alburgh, Vermont. Patricia Savage, Bernard Savage’s wife, assisted in several of the undercover deals. At the same hearing today, Ms. Savage pleaded guilty to misdemeanor possession of oxycodone. As part of the written plea agreement, Mr. Savage agreed to the forfeiture of $24,620 in currency seized at the time of search of the Savage residence in July 2015. Ms. Savage agreed not to contest this forfeiture. Mr. Savage agreed to pay an additional $50,280 prior to his sentencing to satisfy the $75,000 forfeiture. In addition, both Savages agreed that, if the money judgment was not paid prior to the sentencing date, they would agree to the forfeiture of their residence. At the time of search, federal agents seized over 100 firearms from the residence. In the past, Mr. Savage had been an licensed firearms dealer, but he no longer had that license in 2015. As part of the plea agreement, the firearms were not returned to the Savages but instead turned over to another licensed firearms dealer for sale. While Mr. Savage faces a maximum sentence of 20 years in jail, the plea agreement does not limit the parties’ arguments at the time of sentencing. At that time, among other things, the Court will consider the advisory sentencing guidelines, and the government has agreed to recommend that Mr. Savage receive credit under the guidelines for acceptance of responsibility if he is honest during the presentence investigation conducted by the United States Probation Office. The government and Ms. Savage agreed that the appropriate sentence in light of her plea was one year of probation. This case was investigated by the United States Drug Enforcement Administration, the Federal Bureau of Investigation, and the Vermont State Police. Mr. Savage is represented by Karen Shingler, Esq., and Ms. Savage is represented by Norman Blais, Esq. The United States is represented by AUSA Wendy Fuller.

The Office of the United States Attorney for the District of Vermont stated today that Derrick D. Jones, age 33, appeared in Federal Court today at his arraignment on a Grand Jury indictment charging him with possessing a .32 cal Smith & Wesson handgun as a convicted felon.

According to court filings, on March 7, 2016, the Vermont State Police, St. Albans Barracks (“VSP”) executed a State search warrant at Jones’s St. Albans, Vermont apartment. Officials seized 85 Oxycodone pills; a 25 gram bag of cocaine; $1,607 in cash; several counterfeit $50 and $100 bills; and a loaded .32 caliber Smith & Wesson revolver. Jones was charged with drug violations in State court and released on conditions. Because he has a prior felony conviction in New York State, the VSP contacted the Bureau of Alcohol, Tobacco & Firearms and the U.S. Attorney’s Office.

On March 31, 2016, a federal Grand Jury indicted Jones for possessing the .32 cal. handgun as a convicted felon. On April 7, 2016, the VSP arrested Jones on the federal warrant at his St. Albans apartment. Finding him with 20 more Oxycodone pills, the VSP obtained another search warrant. Officials found in his apartment 2.7 grams of heroin; four grams of crack cocaine; 19 grams of marijuana; and handgun ammunition.

At a hearing today before U.S. Magistrate Judge John M. Conroy, Jones was detained in the custody of the U.S. Marshal’s Service pending trial. Meanwhile, the VSP filed new State charges based upon the drugs seized on April 7.

The maximum penalty for the federal firearms charge is 10 years imprisonment. Jones is represented by Assistant Federal Public Defender Elizabeth Quinn. The United States is represented by Assistant U.S. Attorney Bill Darrow. The indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty.

The Office of the United States Attorney for the District of Vermont stated that Michael Jenkins, 24, of Barre, Vermont was sentenced today to 12 months and one day for possession of a firearm as a convicted felon. Jenkins also agreed to the forfeiture of a 12-gauge shotgun as part of his plea agreement with the government. U.S. District Judge Geoffrey W. Crawford also ordered that Jenkins serve a three-year period of supervised release following his incarceration.

According to court records, in April 2013, Jenkins entered a stranger’s home, ultimately stealing a pick-up truck from the property. The homeowner pursued the pick-up truck as Jenkins drove off the road and through a field into the woods. Jenkins then exited the truck and fled on foot, eluding pursuing law enforcement. He was apprehended later that evening in Eden, Vermont. In the ensuing state prosecution, Jenkins received a felony conviction for unlawful trespass of an occupied residence, and a sentence of six months to three years in prison. This felony conviction prohibited Jenkins from possessing firearms.

Three months later on November 8, 2013, Jenkins signed a conditional re-entry agreement with the Vermont Department of Corrections allowing him to continue his sentence on furlough while residing with his grandmother in Williamstown, Vermont. Among those conditions, he agreed not to possess weapons or firearms. Four days later, Barre Probation and Parole received information that Jenkins was in possession of a firearm. A search of Jenkins’ bedroom yielded a 12-gauge shotgun containing a shell in the chamber and a magazine loaded with five additional shells. Probation officers also located numerous handgun rounds and several knives in the bedroom.

Previous to his federal indictment in this case, Jenkins had three state convictions whose offense conduct involved possession of loaded firearms.

This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of Barre Probation and Parole. Assistant U.S. Attorney Kevin J. Doyle handled the prosecution for the government. Michael Jenkins was represented by Assistant Federal Defender Steven L. Barth.

The United States Attorney for the District of Vermont announced that Catherine McKinney, 62, of Hartland, was sentenced today in United States District Court in Rutland to 36 months of imprisonment following her guilty plea to a charge of mail fraud. U.S. District Judge Geoffrey Crawford ordered that McKinney serve a one-year term of supervised release following her release from prison and pay restitution of about $903,000. At the conclusion of the hearing, McKinney was remanded to the custody of the U.S. Marshal to begin serving her sentence.

According to court records, on June 17, 2015, a federal grand jury in Rutland returned a three-count indictment charging McKinney with mail and wire fraud and interstate transportation of stolen money. The indictment alleges that, beginning no later than 2008 and continuing until early 2015, McKinney embezzled at least $690,000 from her employer, Myers Associates PLLC, a law firm in Lebanon which represents clients in both Vermont and New Hampshire. According to the indictment, McKinney wrote law firm checks to herself and to her creditors on which she forged the signature of her attorney employer. She deposited more than $90,000 in forged checks into her Vermont bank account. McKinney allegedly also caused electronic transfers of firm funds to pay her obligations, including large credit card bills. McKinney pled guilty to the mail fraud charge last December. Further investigation after the indictment established that the total loss suffered by Myers Associates was actually $962,000. McKinney recently liquidated the 401(k) retirement plan that had been set up by Myers Associates and turned over the net proceeds, about $64,000, as partial payment toward her restitution obligation.

This case was investigated by the United States Secret Service.

McKinney is represented by Assistant Federal Public Defender Elizabeth Quinn. The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that Jesse Emerson, 36, of Springfield, Vermont was sentenced today to 55 months in federal prison based on his conviction of conspiracy to distribute alpha-pyrrolidinopentiophenone (a-PVP) over an eight-month period in 2014 and 2015. Chief Judge Christina Reiss also ordered that Emerson serve a five-year period of supervised release following his incarceration. On March 21, 2016, Emerson’s wife, Eugenia Emerson, 35, was sentenced to 49 months in prison and three years of supervised release based on her conviction of conspiracy to distribute a-PVP and possession with intent to distribute heroin.

According to court records, on February 1, 2014, the Vermont State Police stopped Ms. Emerson on I-91 as she was returning from picking up heroin in Hartford, Connecticut. Emerson was traveling with her two minor children at the time of the car stop. Troopers conducted a consent search of the vehicle, finding approximately 690 bags of heroin hidden under a seat. Emerson subsequently admitted to agents that in 2013 and 2014 she had been involved in heroin trafficking with a group of individuals known as the “Jersey Boys.” Ms. Emerson acknowledged making a dozen trips during that time period, which resulted in the transportation of approximately 28,000 bags of heroin from New Jersey to Vermont.

Within months of the February 1, 2014 car stop, Emerson became involved in a conspiracy with her husband and others to import a-PVP, a synthetic drug commonly known as “bath salts,” for distribution in the Springfield, Vermont area. The scheme involved the Emersons ordering a-PVP on-line from a supplier in China. The Emersons and others wired payment to the Chinese supplier, who would in turn ship kilogram quantities of the drug directly to addresses in the Springfield area. Once the a-PVP arrived in Springfield, Jesse Emerson and an associate distributed it in neighboring Vermont and New Hampshire communities. The Emersons were responsible for the importation of approximately 12 kilograms of a-PVP to Vermont.

On February 4, 2015, a confidential informant purchased 100 bags of heroin from Ms. Emerson. Law enforcement executed federal search warrants for Emerson’s Bellows Falls home and her Lincoln Navigator on February 6, 2015, where they recovered a Ruger pistol, numerous cell phones and laptop computers, drug paraphernalia, empty heroin bags, and documentation related to bath salts shipments. A simultaneous search warrant at Jesse Emerson’s residence yielded drug paraphernalia, several laptop computers, a rifle, a 9mm pistol, a shotgun, and a muzzleloader. The Emersons were arrested on February 6, 2015 and have remained detained since that time.

This matter was investigated by the Federal Bureau of Investigation, the Vermont Drug Task Force, the Springfield Police Department, the Department of Homeland Security, and the United States Postal Inspection Service, with assistance from U.S. Customs and Border Protection.

Assistant U.S. Attorney Kevin J. Doyle handled the prosecution for the government. Jesse Emerson was represented by David J. Williams, Esq., and Eugenia Emerson was represented by Richard R. Goldborough, Esq.

The United States Attorney for the District of Vermont, Eric Miller, announced today that Raymond Fernandez, 33, of Brooklyn, Vermont was sentenced to nine years and two months imprisonment by Chief Judge Christina Reiss in United States District Court in Burlington. Fernandez had previously pled guilty to conspiracy to distribute heroin and crack cocaine.  In addition to the term of imprisonment, Chief Judge Reiss sentenced Fernandez to eight years of supervised release, which will begin when he finishes his prison term.

According to court records, Raymond Fernandez was one of the leaders of the Gritty Gang from Brooklyn, New York. The Gritty Gang is not a gang in the common usage of the word but a group of associates and relatives from the Albany Projects of Brooklyn, who often worked together to bring heroin and crack cocaine to Rutland County to distribute. The name originated from a rap group by that name that some of these individuals had formed.

According to court records the common scheme of this conspiracy was to use young women drug addicts, often from Rutland County, to body pack heroin and crack cocaine from Brooklyn, New York to Rutland County. These woman, along with other addicts from the Rutland area, distributed many of these drugs in Rutland County for Fernandez and his Brooklyn based associates. One female addict testified that Fernandez once hit her because she used some of Fernandez’ drugs she was holding for him.

According to court records, between late 2012 and mid-2014, Fernandez was involved in bringing over 400 grams of crack cocaine to the Rutland area and over 250 grams of heroin. The Court also found there was sufficient evidence to conclude that when one of Fernandez’ Brooklyn coconspirators broke off from Fernandez and started selling drugs in Rutland County independently from Fernandez, Fernandez stabbed him on the streets of Brooklyn.

The Government also alleged, and the Court found, that in early 2014 Fernandez participated in a prostitution organization in New York City, which involved bringing young women addicts from the Rutland Vermont area to New York City where they would engage in prostitution for Fernandez’ profit. The Government alleged in its sentencing memorandum: 

When one of these girls reached out to her family in March 2014, and thereby caused the FBI to start investigating, the defendant assaulted this woman and feigned shooting her up with rat poison. This young woman thought she was going to die.

In support of its sentencing recommendation, the Government also stated:

It is difficult to quantify the amount of havoc and destruction wrought by the defendant’s drug dealings. It cannot be disputed, however, that it was significant given the quantities of heroin and crack cocaine involved here. There can be no question that the defendant, in lining his own pockets, is, in part, responsible for assisting in the shattering of the lives of drug addicts and their families. 

This investigation was initiated in early 2015, when federal, state, and local law enforcement focused significant resources on dismantling this large drug trafficking organization which brought significant amounts of heroin and crack cocaine from the Brooklyn, New York area to Rutland County. This extensive investigation resulted in federal charges and convictions for over 30 individuals from Brooklyn, New York and Vermont. All but two individuals have pled guilty and most all have been sentenced. U.S. Attorney Eric Miller stated, “the success of this operation is the direct result of the hard and dedicated work of a team of law enforcement agents from the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Rutland City Police.”

The United States is represented in this matter by Assistant U.S. Attorney Joseph Perella. Fernandez is represented by Chandler Mattson, Esq. of Stowe, Vermont.

           

The United States Attorney’s Office for the District of Vermont announced that James Campbell, 55, of Swanton, Vermont, was indicted on March 24, 2016 by a federal grand jury for possession of child pornography involving minors under the age of 12. Campbell’s arraignment is scheduled for March 29, 2016.

According to court documents, Campbell was detected sharing child pornography over the Internet. Subsequently, law enforcement agents obtained and executed a warrant to search Campbell’s house in Swanton, Vermont. During the search, law enforcement seized a computer and electronic media containing child pornography. Campbell also made admissions regarding his possession of child pornography. Campbell was arrested and charged via a criminal complaint later that day. On March 17, 2016, Campbell made an initial appearance in federal court and U.S. Magistrate Judge John M. Conroy ordered Campbell detained pending trial.

The charges against Campbell are merely accusations and he is presumed innocent until and unless he is proven guilty. If convicted, Campbell faces a maximum penalty of up to 20 years in prison and up to lifetime supervised release, although the sentence will be advised by the federal sentencing guidelines.

Campbell is a registered sex offender who has a 2007 Vermont state court conviction for sexual assault of a minor. State court records indicate that the victim in Campbell’s prior case was under 12 years of age at the time of the offense.

Campbell’s federal prosecution is part of Project Safe Childhood, a nationwide Department of Justice initiative designed to protect children from online exploitation and abuse. In Vermont, federal prosecutors are teaming up with federal, state, and local law enforcement agents to identify, investigate, and prosecute those individuals who prey upon children and those that distribute, receive, or manufacture child pornography. For more information on Project Safe Childhood, including resources on internet safety education, please visit www.usdoj.gov/psc.

The collaborative team investigating this case includes law enforcement agents from Homeland Security Investigations, the Vermont Attorney General’s Office, and the Internet Crimes Against Children Task Force.

The United States is represented in this case by Assistant United States Attorney Kunal Pasricha. Campbell is represented by Federal Public Defender Michael L. Desautels.

The United States Attorney's Office for the District of Vermont stated that David Baez Garcia, age 49, a citizen of the Dominican Republic, was sentenced on March 18, 2016, to 17 years in jail and five years of supervised release for his role as the leader of a conspiracy to distribute five kilograms or more of cocaine, 100 grams or more of heroin and oxycodone from in or about Summer 2009 through in or about June 2010.

According to documents filed with the Court and testimony from a jury trial that took place starting on September 9, 2015, Baez Garcia, who also used the names Josue Ortiz and Jose Altagracia Ramirez Beltre, came to Rutland, Vermont in 2008. With the assistance of Alexis Jimenez and Florencio Reyes, whom he met in New Hampshire, Baez Garcia brought multiple kilograms of heroin and cocaine and thousands of oxycodone pills into Vermont during the time frame of the conspiracy. Rauddys Barias Tejeda, of Providence, Rhode Island, supplied the heroin as well as some of the cocaine.

In 2009, Baez Garcia also received multi-kilogram shipments of cocaine from two brothers-in-law, Canciano Marquez Mayorga and Candelario Tovar Garcia, who, in turn, were receiving the cocaine from a Mexican drug cartel. After obtaining the cocaine from across the United States-Mexican border in Arizona, Marquez Mayorga and Tovar Garcia, then residing in Manchester, New Hampshire, had it shipped across the country in tractor trailers for redistribution in Vermont and New Hampshire, among other locations. The Vermont group received the final shipment of 10 kilograms of cocaine, worth in excess of $300,000, in late 2009. It traveled across country via tractor trailer to Pawtucket, Rhode Island. Thereafter, it was stored in Worcester, Massachusetts en route to Vermont. Law enforcement seized three kilograms of this shipment during a traffic stop in Massachusetts on December 15, 2009 when it was being transported to Vermont.

As the United States Attorney’s Office stated in its filings, none of these men had any connection to Vermont prior to engaging in drug trafficking here. “Collectively, these men preyed upon addicted individuals in the Rutland area, as well as in other places, for their own profit.”

Baez Garcia pleaded guilty to the charged conspiracy five days into the jury trial. Thereafter, the jury trial was discontinued. In addition to being found responsible for distributing multiple kilograms of cocaine and heroin, the Court also found that Baez Garcia engaged in a drug for guns exchange with one of his customers.

As a result of the broader investigation, the United States Attorney’s Office has convicted seventeen defendants associated with this drug conspiracy, including Baez Garcia. They include Alexis Jimenez, age 48, of Nashua, New Hampshire, Florencio Reyes, age 46, of Worcester, Massachusetts, Canciano Marquez Mayorga, age 29, Candelario Tovar Garcia, age 43, and Rauddys Barias Tejeda, age 43. All of these men are currently serving jail sentences.

The United States also has convicted Justine Durfee, Jessica Lever, Thomas Morrissey, Peter Stout, Samantha Thuman, and Danielle Jankowski, of Rutland, Vermont. These individuals were involved in supporting the drug conspiracy by delivering drugs, providing housing, registering vehicles, or doing other tasks related to the conspiracy for Baez Garcia. In addition, the United States has convicted Edgar Corona and Ramiro Reyes of Worcester, Massachusetts, and Roberto Melendez and Elijah Kleinhans, of Lebanon, New Hampshire for their roles in delivering drugs or otherwise assisting the drug conspiracy. Letitia Carstensen, of Milton, Vermont, also was convicted of drug charges related to her involvement in drug distribution with her then-boyfriend, Alexis Jimenez. These individuals were sentenced to terms of imprisonment by the Court for their roles in assisting the conspiracy.

This case was investigated by the Drug Enforcement Administration with assistance from the Southern Vermont Drug Task Force, the Vermont State Police, and the Burlington Police Department. United States Attorney Eric Miller commends the exemplary work of the federal, state and local law enforcement agencies working collaboratively to investigate this matter.

The United States was represented in this matter by Assistant U.S. Attorney Heather Ross. Baez Garcia was represented by David Williams, Esq. and Brooks McArthur, Esq. of Burlington.

The Office of the United States Attorney for the District of Vermont stated that Marco Antonio Lam Peralta, 42, of South Londonderry, Vermont was arrested yesterday based upon an arrest warrant issued by the United States District Court upon a Criminal Complaint charging Lam Peralta with conspiracy to distribute heroin, a schedule I controlled substance.

As explained in the Criminal Complaint, this case relates to Homeland Security Investigations (HSI) early October 2015 seizure in Miami of a shipment from Guatemala containing more than 40 kilograms of heroin. The shipment was destined for an address in Manchester Center, Vermont. On October 8, 2015, police arrested Diego Mejia Paredes upon his taking delivery of that shipment. The Grand Jury subsequently returned a one count indictment against Mejia Paredes charging possession with intent to distribute more than a kilogram of heroin in connection with the October 8, 2015 delivery. That prosecution is pending.

As explained in the Criminal Complaint against Lam Peralta, additional investigation by the HSI, the Drug Enforcement Administration (DEA), the Vermont State Police (“VSP”), and the United States Border Patrol (USBP) has revealed that Mejia Paredes was working with Lam Peralta in connection with the intercepted shipment, as well as previous shipments from Guatemala which law enforcement believes contained heroin.

United States Attorney Eric S. Miller observed that yesterday’s arrest was the result of extraordinary investigative coordination between DEA, HSI, VSP, and USBP. “The arrest of Mr. Lam Peralta is the result of extraordinary effort by, and cooperation among, DEA, HSI, VSP, and USBP. I am once again pleased to see our federal and State partners working so closely together to stem the flow of heroin into Vermont.”

"As heroin use continues to plague our communities, our collaborative efforts with law enforcement partners serve as a great way to fight back to stem the tide of this dangerous and deadly epidemic," said Matt Etre, special agent in charge of HSI New England. "HSI and our federal, state, and local law enforcement partners are committed to putting an end to this growing scourge."

The United States Attorney emphasizes that all persons charged with crimes, including Lam Peralta, are presumed innocent unless and until they are convicted at trial or pursuant to a guilty plea.

Lam Peralta made his initial appearance before United States Magistrate Judge John M. Conroy this afternoon. He was ordered held in the custody of the United States Marshal’s Service pending a detention hearing, which is scheduled for Monday, March 28, at 1:30pm.

Lam Peralta is represented by Craig Nolan, Esq., of Burlington. Assistant United States Attorney Michael Drescher is the prosecutor.

           The U.S. Attorney for the District of Vermont announced that U.S. Border Patrol Agents arrested a Spanish citizen who crossed the Vermont-Canadian border near Canaan on Monday evening, March 21, 2016. 

            A Criminal Complaint filed in U.S. District Court in Burlington alleges that, at approximately 6:30 PM on March 21, 2016, a concerned citizen reported a man hiding in the woods near her home to a U.S. Border Patrol agent assigned to the Beecher Falls station.  Agents responded to the area and encountered Cristian Aquino-Montillo.  Aquino-Montillo, 21, claimed to be a citizen of Spain and could not produce any documentation allowing to enter or be present in the United States.  Agents arrested Aquino-Montillo and transported him to the Beecher Falls station for further investigation.

            Record checks confirmed that Aquino-Montillo is a citizen of Spain.  The checks also revealed that he is a permanent resident of the Dominican Republic.  He was removed to the Dominican Republic on July 15, 2014, because he remained in the United States after his tourist visa expired. 

            The Criminal Complaint charged Aquino-Montillo with re-entry after removal.  If convicted, he faces a maximum of 2 years imprisonment and a $250,000 fine.  Aquino-Montillo also faces removal from the United States and a bar to re-entry.

            Aquino-Montillo had a court appearance before U.S. Magistrate Judge John M. Conroy on March 22. 

            The United States Attorney emphasizes that these charges are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.

            “We rely upon local residents to report suspicious activity near the border,” said Patrol Agent in Charge Paul Kuhn. “This information prevented a felon from entering the United States.”

The Swanton Sector is responsible for securing the land border between ports of entry in Vermont, New Hampshire and northeastern New York. The assistance of citizens is invaluable to their border security mission and they welcome community members to help them keep our nation’s borders safe and report suspicious activity at 1-800-689-3362.

            For more on Customs and Border Protection’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.

            United States Attorney Eric S. Miller commended the investigative efforts of the United States Border Patrol.

            The United States is represented in this matter by Assistant U.S. Attorney Jon Ophardt.