District of Vermont

The Office of the United States Attorney for the District of Vermont stated that Alvin Kinard (a.k.a. (“Baby”)), 25, of Brooklyn, New York, has been charged in a conspiracy to distribute heroin and 28 grams or more of crack cocaine in the Rutland, Vermont area. Kinard pled not guilty before U.S. Magistrate Judge John Conroy to the charges against him. Judge Conroy ordered that Kinard be detained pending trial in light of Kinard’s prior criminal record and record of failing to appear for prior hearings.

            According to the government’s motion for pre-trial detention, on September 9, 2013, the New York State Police stopped a vehicle for a seat belt violation in which Kinard was a passenger. The New York State Police seized over 100 grams of crack cocaine and approximately 40 grams of heroin from the driver and another passenger in the vehicle. The government alleges that these drugs actually belonged to Kinard and he intended to take them to the Rutland, Vermont area to distribute them.

            The United States Attorney emphasizes that the charges contained in the Indictment are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If Kinard is convicted, he faces a mandatory minimum five years of imprisonment and a maximum possible term of imprisonment of forty years.

            The United States is represented in this matter by Assistant U.S. Attorney Joseph Perella. Kinard is represented by Mary Kehoe, Esq. of Burlington. The investigation was conducted by the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, and the Drug Enforcement Administration.

The Office of the United States Attorney for the District of Vermont stated that on February 17, 2015, Lamar James, 24, of Brattleboro, was sentenced in United States District Court to seven months imprisonment on his guilty plea to a charge of distribution of heroin. United States District Judge Geoffrey W. Crawford also ordered James to serve three years supervised release following his incarceration. James had been detained since his July 1, 2014 arrest.

According to court records, the Vermont Drug Task Force used a confidential informant to make three controlled purchases of heroin from James in Brattleboro during April 2014. On June 18, 2014, a federal grand jury returned an indictment charging defendant with distribution of heroin based on two of the controlled purchases. On December 15, 2014, James entered a guilty plea to Count Two of the Indictment arising out of his sale of fifty bags of heroin on April 29, 2014 to the informant working for the Task Force.

Acting United States Attorney Eugenia A.P. Cowles commended the Task Force for its investigation and its ongoing efforts to combat drug trafficking. Cowles added, “This office will continue to work with the federal, state and local law enforcement agencies to investigate and aggressively prosecute those who poison our children and neighbors with heroin and other illicit drugs.” Burlington Attorney David J. Williams represented James. The case was prosecuted by Assistant United States Attorney Craig S. Nolan.

The Office of the United States Attorney for the District of Vermont stated that Ras Foster, 25, of Brooklyn, New York has been sentenced on his conviction for distributing heroin  in the Fair Haven, Vermont area. Foster previously pled guilty to this offense which involved selling heroin and crack cocaine in Fair Haven in March and April of 2014. One of the two charged sales took place in the parking lot of the Stewart’s convenience store.

Chief United States District Court Judge Christina Reiss sentenced Foster to 29 months imprisonment to be followed by three years of supervised release. The United States Attorney’s Office requested a sentence of 37 months imprisonment, which was the low end of the advisory U.S. Sentencing Guidelines. The maximum sentence for the drug distribution offense to which Foster was convicted is 20 years.

In sentencing Foster, Judge Reiss noted that heroin is “ravaging the community” and “enslaving” addicts by selling them drugs. Judge Reiss further stated that there need to be significant “consequence[s]” to those who “come up to” Vermont to sell drugs.

The United States is represented in this matter by Assistant U.S. Attorney Joseph Perella. Foster is represented by William Christman, Esq. of St. Albans. Esq. The investigation was conducted by the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, and the Drug Enforcement Administration.

The Office of the United States Attorney for the District of Vermont announced that Theresa Blow, 65, who now lives in Enosburg Falls, was sentenced yesterday in United States District Court in Burlington to one year and one day of imprisonment following her guilty plea to a charge of federal program embezzlement.  U.S. District Judge William K. Sessions III also ordered that Blow serve three years of supervised release following completion of her prison term and pay restitution of more than $117,000.  The court ordered Blow to surrender to the Bureau of Prisons on March 10 to begin serving her sentence. 

Last September, Blow pled guilty to a one-count information charging her with embezzling from the Champlain Islands Parent-Child Center, a non-profit pre-school and after-school care center in South Hero for which she served as a contract bookkeeper.  According to court records, between 2010 and March 2014, Blow embezzled more than $61,000 from the Center by writing without authorization checks that were made payable to herself or to her husband's business, then forging the signature of the authorized signer on the Center's checking account.  Blow deposited the forged checks into her personal bank account and used the proceeds for her own benefit.

The information charged that, in roughly the same time frame, Blow also embezzled tens of thousands of dollars from Grand Isle County, which she served as appointed treasurer since 2008.  At today's sentencing, the court determined the Grand Isle County embezzlement totaled more than $39,500.

Additionally, the court found that Blow had embezzled $2400 from a third employer, the Law Office of David Carter, a law firm in South Hero. 

This case was investigated by the Vermont State Police and the Federal Bureau of Investigation. 

Blow is represented by Mark Kaplan.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that Tonya Jennissen, 37, of Claremont, New Hampshire was sentenced to 30 months in prison, having pled guilty to one count of possessing child pornography. United States District Judge Geoffrey W. Crawford, sitting in Rutland, also sentenced Jennissen to 5 years of supervised release.   

Court records indicate that, in 2012, Jennissen engaged in an online sexual relationship with a 15-year-old Vermont boy that lasted about two months.  In the course of the relationship, Jennissen and the victim engaged in an internet Skype session, which resulted in the creation of sexually explicit images of the victim.  These images led to Jennissen=s conviction. The relationship ended when the victim=s father reviewed his son=s computer records, discovered the relationship, and reported the matter to Vermont law enforcement.  Law enforcement searched Jennissen=s New Hampshire residence and seized her computer.  Search of that computer revealed, among other things, images of unidentified nude infants and toddlers.  The computer also contained a collection of anime depicting adults sexually assaulting young children. 

For her crime, Jennissen faced a maximum penalty of 10 years in prison, and up to a $250,000 fine.  In sentencing Jennissen, Judge Crawford cited the need to eliminate adult-child sexual contact via the internet and the dangers associated with such sexual contact.   

The investigation was led by the Federal Bureau of Investigations and the Chittenden Unit for Special Investigations.  Assistant United States Attorney Christina E. Nolan prosecuted the case.  Jennissen is represented by Steven Barth, Esq., of the Federal Public Defender=s Office.   

This prosecution was 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 and the Internet Crimes Against Children Task Force, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, 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 Steven Miller, 30, of Brooklyn, NY, Jenna Gonyo, 29, of Colchester, VT and Cleveland London, 22, of Brooklyn, NY, made initial appearances on January 30, 2015,  in the United States District Court in Burlington, following their arrests for conspiracy to distribute heroin.  U.S. Magistrate Judge John M. Conroy detained the defendants pending a detention hearing currently scheduled for February 3, 2015.   

According to court documents, on January 29, 2014, the Vermont State Police Drug Task Force received information that Miller and Gonyo had just returned from the NYC area with heroin and crack cocaine, and were headed to the Chittenden County area to distribute those drugs.  A State Police Trooper stopped the vehicle occupied by Miller and Gonyo, and a search of the car uncovered approximately 64 grams of heroin, 14.8 grams of powder cocaine and 27.6 grams of crack cocaine.  Further investigation revealed that a residence in Concord, VT, contained additional drugs that had been supplied by Miller and possibly a handgun carried by Miller.  A search of that residence resulted in the recovery of a handgun, approximately 250 bags of heroin and approximately 2.5 grams of crack.  London was inside the residence when the search commenced and investigation determined that London worked for Miller in distributing the heroin and crack cocaine.    

The Acting United States Attorney, Eugenia A.P. Cowles, emphasized that the charge against Miller, Gonyo and London is merely an accusation and that the defendants are presumed innocent unless and until they are proven guilty.

If convicted, the defendants face up to twenty years of imprisonment and a fine of up to $1,000,000.  The actual sentence would be determined with reference to federal sentencing guidelines.

Miller is represented by Ernest M. Allen, III. Esq.  Gonyo is represented by Michael Straub, Esq. London is represented by Robert Behrens, Esq.  The prosecutor is Assistant U.S. Attorney Wendy G. Fuller.

The Office of the United States Attorney for the District of Vermont stated that on January 30, 2015, James Nastri, 34, of Deep River, Connecticut, was sentenced to 210 months in prison, having been convicted of conspiracy to distribute at least 100 grams of heroin.  On June 2, 2014, following a five-day trial before United States District Judge William K. Sessions III, a Burlington jury convicted Nastri of that offense.  At sentencing, Judge Sessions also gave Nastri 8 years of supervised release.  

Court records show that Nastri headed a conspiracy that sold large volumes of heroin and other drugs in the Burlington area and in Bangor, Maine in 2011 and 2012.  A Burlington grand jury indicted Nastri in April 2013.  He has been in custody since indictment.  Court records further show that Nastri=s group distributed an especially strong form of heroin in Burlington, known as AChi town@ or AChi,@ short for Chicago, which has caused several overdoses in the last several years.  The Vermont State Police Drug Task Force began an investigation into Nastri=s heroin ring in December 2011.

On March 14, 2012, a Vermont State Police trooper stopped Nastri=s vehicle and seized about $17,000 in drug proceeds.  Following that seizure, Nastri transferred his drug business entirely to Maine, and continued to sell opiates there until August of 2012, when two of his workers were murdered by rival drug dealers, Nicholas Sexton and Randall Daluz.  Last year, a Bangor, Maine jury convicted Daluz and Sexton of murder. 

For his crime, Nastri faced a maximum penalty of life in prison with a ten-year-mandatory minimum.  At sentencing, Judge Sessions remarked Nastri=s drug conspiracy was one of the most serious he had ever seen.  He further noted that Nastri financed and managed a sophisticated multi-state drug operation.  Judge Sessions also cited Nastri=s significant criminal history. Nastri led the conspiracy while on supervised release for a 2006 federal conviction for importation of marijuana.  Nastri is expected to be sentenced in the near future in federal court in Connecticut for the supervised release violation.

The investigation was a collaborative effort of the Vermont State Police Drug Task Force; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, and Firearms; the Essex, South Burlington, and Burlington, Vermont Police Departments; and the Lowell, Massachusetts Police Department. 

Assistant United States Attorneys Christina Nolan and Timothy Doherty prosecuted the case.  Nastri is represented by Edgar L. Fankbonner, Esq., of New York City. 

The Office of the United States Attorney for the District of Vermont announced that David Cote, 44, of Essex Junction, pleaded guilty on January 28, 2015, in United States District Court in Brattleboro to a charge of access device fraud.  U.S. District Judge J. Garvan Murtha released Cote on conditions pending sentencing, which is set for May 19. 

On January 13, 2015, the United States Attorney filed a criminal information charging Cote with access device fraud.  According to the information, from about 2009 until his firing in 2012, Cote was employed as the parts manager at Freedom Nissan, a car dealership in South Burlington.  As parts manager, Cote was responsible for ordering parts and accessories for use in the business.  Freedom Nissan purchased some parts and accessories through vendors on e-Bay.  Freedom Nissan paid for many of these Internet purchases with a company credit card.

For some period of time prior to his termination, Cote defrauded Freedom Nissan of thousands of dollars by ordering parts and accessories from vendors on e-Bay, paying for the parts and accessories with the company credit card, then selling the parts and accessories in private sales, and pocketing the proceeds of these sales without reimbursing Freedom Nissan.  

Cote 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 South Burlington Police Department and the Federal Bureau of Investigation.

Cote is represented by Richard Goldsborough.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont announced that Jason Amidon, 27, of Coudersport, Pennsylvania, was arraigned yesterday in United States District Court in Burlington, and pleaded not guilty to charges that he knowingly offered as payment for 53 Vermont cows a counterfeit certified check in the amount of $100,000, and unlawfully transported those cows from Lyndonville, Vermont, to auction in Greencastle, Pennsylvania.  U.S. Magistrate Judge John M. Conroy ordered the defendant detained pending trial, which has not been scheduled.

On January 15, 2015, a federal grand jury in Burlington returned a two count indictment accusing Amidon of uttering a counterfeit check and unlawfully transporting 53 stolen cows across state lines.  According to the complaint filed earlier in the case, on January 1, 2015, Amidon and his father traveled to a Lyndonville farm and presented a counterfeit check to the Vermont farmer, as payment for 53 Belted Galloway cattle, a heritage pedigree breed of cattle.  Amidon represented the $100,000 to be an initial payment, with the $20,000 balance to be paid to the farmer at a later date.  Amidon’s father then drove the cows to auction in Pennsylvania.

According to documents filed in court yesterday, this is Amidon’s fourth cattle fraud case.  Two previous Pennsylvania state cases that resulted in misdemeanor convictions concerned similar cattle frauds, and at the time of the instant offense, the defendant was facing state charges in Pennsylvania that involved the fraudulent promise of cattle for $135,000, which Amidon unlawfully pocketed. 

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.  If convicted on the charges in the instant indictment, Amidon faces up to ten 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 is being investigated by the Vermont State Police in cooperation with the Federal Bureau of Investigation.  Pennsylvania State Police were also instrumental in the investigation and arrest in Coudersport, Pennsylvania.

Amidon is represented by Assistant Federal Public Defender Elizabeth Quinn.  The prosecutor is Assistant U.S. Attorney Abigail Averbach.

The Office of the United States Attorney for the District of Vermont announced that Deborah Williamson, 37, a former resident of Wheelock who now lives in Florida, was sentenced today in United States District Court in Brattleboro to four months of imprisonment following her guilty plea to a charge of mail fraud.  U.S. District Judge J. Garvan Murtha also ordered that Williamson serve three years of supervised release following completion of her prison term and pay restitution in the amount of $69,905.  As a condition of supervised release, the court ordered Williamson to serve an additional four months of home confinement.  The court directed Williamson to surrender to the Bureau of Prisons on February 24 to begin serving her sentence. 

On March 20, 2014, a federal grand jury in Burlington returned a one-count indictment accusing Williamson of wire fraud.  According to the indictment, Williamson was employed as the manager of White Market, a grocery store in Lyndonville.  Her duties included regularly cashing checks drawn against the company's bank account to obtain one dollar bills and coins for the cash registers.  The indictment alleges that between 2010 and 2012, Williamson stole nearly $70,000 in cash from the store's safe.  She allegedly tried to cover up these thefts by not recording, or underreporting, the amount of cash and coins received from the bank in the store's computerized accounting system.

This case was investigated by the Lyndonville Police Department and the Federal Bureau of Investigation.

Williamson 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 Devon Holmes, a 26 year-old New York City man, was sentenced today to five years imprisonment by Judge William K. Sessions III in federal district court in Burlington.  Holmes pleaded guilty to causing a young local woman to buy two handguns for him from a South Burlington, Vermont, firearms dealer in 2013.

With three felony convictions in New York City, federal law barred Holmes from buying or possessing firearms.  He circumvented that law by arranging for the female to buy them for him.  A few days after acquiring the handguns in Vermont, Holmes had the firearms in Brooklyn, New York, when officers with the New York City Police Department made a routine traffic stop.

The Bureau of Alcohol, Tobacco, Firearms & Explosives traced the two handguns recovered from Holmes in Brooklyn to the purchase in Vermont.  After ATF conducted multiple interviews and utilized other investigative techniques, a two-count indictment issued, charging Holmes with possessing the guns as a felon, and arranging the “straw purchase.”  He pleaded guilty to the latter offense.

The United States Attorney’s Office thanked ATF and the New York City Police Department for their fine work.  Holmes was represented by Assistant Federal Public Defender David McColgin.  The United States was represented by Assistant United States Attorney Bill Darrow.

BURLINGTON – A Bosnian-born Burlington, Vermont man was found guilty today of obtaining his naturalized citizenship through fraud by giving false information to a U.S. official while applying for an immigration benefit and lying to gain entry into the United States.

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Acting U.S. Attorney Eugenia A.P. Cowles of the District of Vermont, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Special Agent in Charge Bruce Foucart of the HSI Boston Office and Special Agent in Charge Andrew W. Vale of the FBI’s Albany Field Office made the announcement.

Edin Sakoc, 55, of Burlington, Vermont, was convicted following an eight day jury trial on one count of obtaining naturalization contrary to law in violation of 18 U.S.C. 1425(a).  The jury unanimously concluded that Sakoc had lied on his naturalization application when he denied previously lying to U.S. immigration officials to gain an immigration benefit and when he denied ever lying to obtain entry to the United States.  Sakoc faces a sentence of imprisonment of up to 10 years and a $250,000 fine and denaturalization as a consequence of his conviction.  He will remain on release conditions until his sentencing.  

Members of the public who have information about former human rights violators in the United States are urged to contact U.S. law enforcement through the Human Rights and Special Prosecutions Section at hrsptips@usdoj.gov or toll-free at 1-800-813-5863 or the HSI tip line at 1-866-DHS-2-ICE or to complete its online tip form at www.ice.gov/exec/forms/hsi-tips/tips.asp.

The case was investigated jointly by HSI Burlington and the FBI’s Albany Division.  ICE’s Human Rights Violators and War Crimes Center assisted in this investigation. Valuable assistance was provided by the Criminal Division’s Office of International Affairs and its counterpart at the Prosecutor’s Office of Bosnia and Herzegovina.  The case is being prosecuted by Senior Trial Attorney Jay Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section and Acting United States Attorney Eugenia A.P. Cowles of the District of Vermont.  

Acting U.S. Attorney Eugenia A.P. Cowles announced today that the District of Vermont collected $5,077,760.16 in criminal and civil actions in Fiscal Year 2014.  Of this amount, $4,359,364.86 was collected in criminal actions and $718,395.30 was collected in civil actions

Additionally, the District of Vermont worked with other U.S. Attorneys’ offices and components of the Department of Justice to collect an additional $344,820.00 in cases pursued jointly with these offices.  Of this amount, $6,770.00 was collected in criminal actions and $338,050.00 was collected in civil actions.         

Attorney General Eric Holder announced in November that the Justice Department collected $24.7 billionin civil and criminal actions in the fiscal year ending Sept. 30, 2014.  The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.

“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder.  “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy.  And it shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”

The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims.  The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.

The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws.  In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.

Additionally, the U.S. Attorney’s Office in the District of Vermont working with partner agencies and divisions, collected $1,020,540.00 in asset forfeiture actions in FY 2014. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.

The Office of the United States Attorney for the District of Vermont announced that Roberto Rivera-Ortiz, 28, a resident of the New York City area, was sentenced today in United States District Court in Burlington following his guilty plea to a charge that he made false statements to members of the United States Border Patrol.  Chief U.S. District Judge Christina Reiss sentenced Rivera-Ortiz to time served, to be followed by one year of supervised release.  As a condition of supervised release, the court ordered Rivera-Ortiz to perform 100 hours of community service. 

According to court records, on the morning of September 2, 2014, Border Patrol agents in Derby Line encountered a male and a female after they had walked across the United States-Canadian border through a clump of trees in a residential area.  When the two individuals noticed a marked Border Patrol cruiser nearby, they began running in a southerly direction.  Agents apprehended the male, a Mexican national with no status in the United States.  The female, who proved to be a citizen of El Salvador, was arrested the next day.  

At about the same time, another Border Patrol agent noticed Rivera-Ortiz standing beside a vehicle on a street in Derby Line, near where the aliens had been encountered.  The hood on Rivera-Ortiz's vehicle was up and he was talking on a cellphone.  Immigrations records showed that Rivera-Ortiz's car had entered Canada at Niagara Falls last June, and had entered the United States at Derby Line earlier that morning.  When questioned about his nationality and immigration status, Rivera-Ortiz appeared nervous.  Agents escorted the defendant to the Newport Border Patrol station, where they soon established that he had transported the two aliens from Montreal to just north of the border, let them out to cross the border on foot, entered the United States lawfully in his car and was in the process of attempting to pick them up to drive them to New York when he was approached by the Border Patrol.

Rivera-Ortiz is represented by Assistant Federal Public Defender David McColgin.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that Tyrone Dixon, 34, of Florida, appeared yesterday in United States District Court in Burlington following his arrest for possession of a controlled substance with intent to distribute.  U.S. Magistrate Judge John M. Conroy released Dixon on conditions pending his next court hearing.

According to court records, in the early morning of January 5, a Customs and Border Protection Officer stationed at the Derby Line Port of Entry noticed a vehicle making an illegal U-turn in between the ports of entry for the United States and Canada.  The car had traveled north towards the port of exit in the United States but turned back before attempting entry into Canada.  After Customs and Border Protection Officers inspected the vehicle and conducted preliminary interviews with driver Tyrone Dixon and passenger Emily Lasell of Vermont, Special Agents from Homeland Security Investigations arrived on the scene to assist with the investigation.  While Special Agents from Homeland Security interviewed the driver and the passenger, Customs and Border Protection Officers conducted a thorough search of the vehicle.  From the vehicle, a Customs and Border Protection Officer recovered a green and black bag containing approximately five syringes that appeared to have been used, approximately twenty-five used or torn white packages consistent with the packaging commonly seen in the heroin trade, and a hollowed-out loaf of bread concealing approximately 84 grams of a substance that was field tested with presumptively positive results for crack cocaine.  From inside the passenger’s bra, a Customs and Border Protection Officer recovered two small packages commonly known as “tickets” of heroin.

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

If convicted, Dixon faces up to twenty years of imprisonment and a fine of up to $1,000,000.  The actual sentence would be determined with reference to federal sentencing guidelines.

Dixon is represented by Assistant Federal Public Defender Barclay Johnson.  The prosecutor is Assistant U.S. Attorney Abigail Averbach.

United States Attorney Tristram J. Coffin submitted his letter of resignation to President Obama today, effective January 12, 2015.

Mr. Coffin was among the first of the U.S. Attorneys appointed by President Obama, serving since August 2009.  Mr. Coffin stated that he was incredibly grateful to President Obama for the opportunity to serve in his administration, and very proud of the accomplishments and transition the Department of Justice made under Attorney General Eric Holder.  Mr. Coffin also thanked Senator Patrick Leahy for his trust and steadfast support during his tenure.

“It has been the highest honor of my professional career to serve the people of Vermont and the United States seeking justice under the leadership of Attorney General Holder and President Obama,” Coffin said.  “I am also so grateful for the trust Senator Leahy placed in me by recommending me for this position, and by his support for our efforts throughout my time in the job.” 

Mr. Coffin also commended his colleagues at the U.S. Attorney’s Office, where he served as a line prosecutor for twelve years prior to his appointment.  “The prosecutors and staff of this office are second-to-none in the country,” Coffin said.  “Leaving such a dedicated and talented team of colleagues and friends is definitely bitter-sweet.”  Coffin also wished to thank the many federal, state and local law enforcement agencies, as well as community groups from outside of law enforcement, who provided pivotal assistance to the efforts of the United States Attorney’s Office.  “Partnerships and collaboration are absolutely essential to effective law enforcement in the modern era.  I am so thankful for our terrific partners throughout the state.”

During his time as Vermont’s head federal prosecutor, Mr. Coffin prioritized combatting Vermont’s expanding opiate problem using a multi-faceted approach that combined aggressive law enforcement with greater emphasis on treatment and prevention.  Along with dedicating substantial federal resources to heroin prosecutions, this effort began with convening a statewide conference of law enforcement, treatment and prevention experts in Montpelier in September 2010, keynoted by Attorney General Holder and Senate Judiciary Committee Chairman Leahy.  Coffin also worked with Skip Gates, the father of a fatal heroin overdose victim, to produce the award-winning film “The Opiate Effect.”  Together they spoke at scores of Vermont high schools, middle schools and parent groups about the risks of opiate use and other high risk behaviors.

On the enforcement side, Coffin advocated expanding heroin investigations and prosecutions to areas outside of Chittenden County newly afflicted by heroin trafficking, emphasizing the importance of federal collaboration with partners from state and local law enforcement throughout the state.  The United States Attorney’s Office is currently developing a plan to dedicate four of its strongest narcotics prosecutors specifically to combatting heroin trafficking.

In addition, Coffin emphasized prosecution of financial crimes, child exploitation cases and serious violent crimes during his tenure.  On the civil litigation side, Coffin worked to expand litigation to recover money for taxpayers from government contractors and the recipients of federal funds, and to expand federal civil rights work in Vermont.  “I am particularly proud of the work our office has done on increasing access for Americans with disabilities through our accommodations work and our interventions in cases such as the Deanna Jones case.”  Jones was a visually impaired law student who successfully challenged, with assistance from the Department of Justice, bar exam testing requirements for the visually impaired.

On the national policy front, Coffin co-chaired the Criminal Practice Subcommittee of the Attorney General’s Advisory Committee from the earliest days of the administration up to the time of his resignation.  This subcommittee advised the Attorney General on a number of key issues relating to charging and sentencing reform, improving the Department of Justice’s discovery practice, and helped develop a new protocol for taping of custodial interrogations and a new process for handling witness information of government witnesses.  Coffin also served on the Attorney General’s Health Care Fraud Working Group and the Environmental Enforcement subcommittee. 

After his resignation in January, Coffin will join the partnership of a local Vermont law firm.  His practice will consist of representing clients in Vermont and regionally in complex civil litigation and government enforcement matters.

Tristram J. Coffin, the United States Attorney for the District of Vermont, stated that Tony Eldien, 28, of Fairhaven, Vermont was sentenced yesterday by J. Garvan Murtha, United States District Judge, to 36 months in jail for conspiring to distribute heroin and cocaine base.  Eldien was also sentenced to a term of supervised release of 3 years once he completes his prison term.

According to Court records, Tony Eldien was working for Melvin George, also sentenced to 60 months in jail today, to distribute crack cocaine and heroin in Vermont.  Eldien sold drugs to Melvin George’s drug customers at various locations in Rutland, Vermont.  The Southern Vermont Drug Task Force, with the assistance of a confidential informant, made two purchases of controlled substances directly from Eldien at locations in Rutland, Vermont. 

Eldien was indicted by a federal grand jury on September 11, 2013 and appeared in U.S. District Court for an arraignment on March 6, 2014.  He was detained in prison pending trial.  Eldien pled guilty on July 31, 2014 to Count 1 of the Indictment charging him with conspiracy to distribute heroin and cocaine base.

The case was investigated by the Southern Vermont Drug Task Force.  The United States Attorney, Tristram J. Coffin, commends the Drug Task Force for their work in this matter.  The case was prosecuted by Assistant United States Attorney, Nancy J. Creswell.  Eldien was represented by Attorney Jason Sawyer.   

“During more than five years as United States Attorney for Vermont, Tris Coffin has been an exemplary leader, a committed public servant, and a tireless advocate for the cause of justice.

“Over the course of an illustrious career dedicated to his clients, to the citizens of Vermont, and to the American people – including twelve distinguished years as an Assistant United States Attorney in the Office he returned to lead in 2009 – Tris has demonstrated not only exceptional skill in litigation spanning the entire federal docket, but also consummate judgment.  He has played an instrumental role in driving important national policy changes, including commonsense sentencing reforms under the Department's Smart on Crime initiative.  And he has been at the forefront of efforts to combat the scourge of opioid addiction, both in Vermont and far beyond.

“Tris Coffin personifies the high standards of integrity and professional excellence that define the very best of this country’s public servants.  I will always be grateful for his years of distinguished service.  Although I will miss his leadership and wisdom, I thank him for his tireless work and wish him all the best in the next step of his remarkable career.”

Tristram J. Coffin, the United States Attorney for the District of Vermont, stated that Melvin George, 27, of Brooklyn, New York was sentenced yesterday by J. Garvan Murtha, United States District Judge, to 60 months in jail for conspiring to distribute heroin and cocaine base between September of 2012 and February, 2013 in the Rutland, Vermont area.

According to Court records, Melvin George, known as “Cliff,” was working with other individuals – some of whom he recruited from Brooklyn, New York – to transport controlled substances to Vermont.  Then, he set up meetings with his drug customers by cell phone but sent other individuals, including his codefendants, Tony Eldien and Junior Brooks, to deliver the drugs and to obtain the drug proceeds.  The Southern Vermont Drug Task Force, with the assistance of a confidential informant, made six purchases of cocaine base or heroin from George’s associates.  The purchases occurred in Castleton, Rutland, and West Rutland.  When George was arrested on February 20, 2013, law enforcement found Drug Task Force currency on his person from a drug sale conducted by George that same day.

George was indicted by a federal grand jury on September 11, 2013 and appeared in U.S. District Court on November 7, 2013 for an arraignment.  He was detained in prison pending trial.  George pled guilty on July 31, 2014 to Count 1 of the Indictment charging him with conspiracy to distribute heroin and cocaine base.
The case was investigated by the Southern Vermont Drug Task Force.  The United States Attorney, Tristram J. Coffin, commends the Drug Task Force for their work in this matter.  The case was prosecuted by Assistant United States Attorney, Nancy J. Creswell.  Melvin George was represented by David McColgin of the Office of the Federal Public Defender.

Tristram J. Coffin, the United States Attorney for the District of Vermont, stated that Junior Brooks, 26, of Brooklyn, New York was sentenced yesterday by J. Garvan Murtha, United States District Judge, to 46 months in jail less credit for 23 months of time served in New York State for a related drug offense.  Thus, Brooks will serve 23 months in jail on this federal conviction for conspiracy to distribute heroin and cocaine base.  Brooks was also sentenced to a term of supervised release of 3 years once he completes his prison term.

According to Court records, Junior Brooks, known as “Lite,” was working with Melvin George, also sentenced to 60 months in jail today, to distribute crack cocaine and heroin in the Rutland, Vermont area. Brooks acted as a drug courier and transported controlled substances from Brooklyn to Vermont.  Once in Vermont, he sold the drugs to Melvin George’s drug customers.  The Southern Vermont Drug Task Force, with the assistance of a confidential informant, made two purchases of controlled substances directly from Brooks at locations in Rutland, Vermont. 

Brooks was indicted by a federal grand jury on September 11, 2013 and appeared in U.S. District Court on November 26, 2013 for an arraignment.  He was detained in prison pending trial.  Brooks pled guilty on July 31, 2014 to Count 1 of the Indictment charging him with conspiracy to distribute heroin and cocaine base.
The case was investigated by the Southern Vermont Drug Task Force.  The United States Attorney, Tristram J. Coffin, commends the Drug Task Force for its work in this matter.  The case was prosecuted by Assistant United States Attorney, Nancy J. Creswell.  Junior Brooks was represented by Attorney Wayne Young.  

The Office of the United States Attorney for the District of Vermont stated that Jeremy Robitaille, 29, of Franklin County, Vermont, was sentenced on December 16, 2014, in United States District Court in Brattleboro, Vermont, to serve a term of 36 months imprisonment and a two-year period of supervised release following his conviction on one count of mailing a threatening communication, in violation of 18 U.S.C. § 876(c).  Judge J. Garvan Murtha also ordered Robitaille to pay a $100 special assessment.

According to court records and proceedings, on April 22, 2013, Robitaille, who was then in prison serving a lengthy sentence following his conviction in Vermont state court for assault and robbery, mailed a letter addressed to the Burlington District Courthouse on Cherry Street in Burlington.  This letter contained a threat to injure all of the clerks and judges working in the courthouse.  As a result of the threatening letter, the courthouse had to be searched thoroughly by police with bomb-sniffing dogs to ensure that it was safe.  Robitaille, who had a significant criminal history, told law enforcement that he sent the letter in an attempt to secure a transfer from a facility where he was not happy. 

United States Attorney Coffin commended the efforts of the Federal Bureau of Investigation and the Vermont State Police in the investigation and prosecution of Robitaille.

The prosecution of  Robitaille was handled by Assistant U.S. Attorney Barbara A. Masterson.  Robitaille was represented by Assistant Federal Public Defender Steven L. Barth.

            The United States Attorney’s Office for the District of Vermont announces that Redstone of Burlington, Vermont, has completed specific modifications at the Chace Mill, also in Burlington, Vermont, to come into compliance with Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits a public accommodation from denying an individual or a class of individuals, on the basis of a disability, the opportunity to participate in or benefit from the goods, services, facilities, or accommodations of an entity. Title III requires a public accommodation to remove architectural barriers to access in existing facilities where it is readily achievable to do so. The United States Attorney’s Office’s investigation began following receipt of a complaint regarding the accessibility of the Chace Mill.

            An onsite survey of the Chace Mill revealed ADA compliance issues related to the building’s entrances, parking lot, and internal ramps. Redstone, the owner of the Chace Mill has remedied these issues by reconfiguring the parking areas, installing automatic door openers and ADA compliant ramps. Redstone is to be commended for its cooperation with the Office of the United States Attorney for the District of Vermont.

Assistant United States Attorney Nikolas P. Kerest, with assistance from the Disability Rights Section of the Civil Rights Division of the Department of Justice, handled this matter on behalf of the United States and is working with other Vermont businesses to resolve their ADA compliance issues. Further information on the ADA and its requirements may be found at www.ada.gov.           

The Office of the United States Attorney for the District of Vermont announced that Jayne Concialdi, 51, a former resident of Quechee who now lives in Connecticut, was sentenced today in United States District Court in Burlington to 18 months of imprisonment following her guilty plea to a charge of wire fraud.  U.S. District Judge William K. Sessions III also ordered that Concialdi serve three years of supervised release following her prison term and pay restitution of more than $129,000.  The court directed Concialdi to surrender to the Bureau of Prisons on January 6 to begin serving her sentence.

Last July 24, Concialdi pled guilty to an information charging her with wire fraud.  According to the information, Concialdi was employed as an administrative assistant to the treasurer of New England Research, Inc., a company in White River which specializes in the measurement and interpretation of rock properties for the energy industry.  Concialdi had bookkeeping responsibilities.  Between 2011 and early 2014, Concialdi misappropriated about $129,000 from her employer, primarily by using company funds to pay her personal credit card obligations.  The defendant also misused company credit cards to make purchases for her own benefit.  NERI uncovered the embezzlement this past February. 

This case was investigated by the Hartford Police Department and the Federal Bureau of Investigation.

Concialdi is represented by Jordana Levine.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that Gregory Brusso, 57, of Hinesburg, Vermont, was sentenced on December 1, 2014, in United States District Court in Burlington, Vermont, to serve 18-months imprisonment and a five-year period of supervised release following his conviction on one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).  Judge William K. Sessions III also ordered Brusso to pay a $100 special assessment.

According to court records and proceedings, Brusso, a former member of the Vermont Air National Guard, ordered a DVD containing child pornography from what he thought was a company that had such materials for sale.  This company was actually an undercover operation being run by the U.S. Postal Inspection Service.  After Brusso accepted delivery of the DVD at his residence, Postal Inspectors executed a search warrant and confiscated his computer.  A forensic examination of the computer revealed the presence of images of child pornography on it. 

In 2003, Brusso was identified through his credit card history as having made purchases at three websites known to sell child pornography.  In 2008, law enforcement investigated Brusso for allegedly uploading an image of child pornography to an Internet group run by Yahoo!. 

United States Attorney Coffin commended the efforts of the United States Postal Inspection Service in the prosecution of Brusso.  The prosecution of Brusso was handled by Assistant U.S. Attorney Barbara A. Masterson.  Brusso was represented by Richard C. Bothfeld. 

U.S. Attorney Coffin 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.

          Tristram J. Coffin, United States Attorney for the District of Vermont, stated that Roy Aubie, 58, of Québec, Canada, was sentenced today by U.S. District Court Judge William K. Sessions III, to 60 months in prison for the distribution of child pornography.  Aubie was also sentenced to eight years of supervised release after the completion of his prison term.

          According to Court records, as part of an investigation into internet-facilitated child exploitation, a detective with the South Burlington Police Department created an undercover profile on Hi5, a social networking website, in the name of “Anna,” a fictitious thirteen-year-old girl from South Burlington.  On December 6, 2007, the defendant sent a message to Anna asking if he could get to know her.  They corresponded on Hi5 and Yahoo! instant messenger and over email for a period of approximately fifteen months, and, during this time, the defendant initiated and engaged in sexually explicit conduct and conversation with Anna in an attempt to entice her to engage in actual sexual conduct with him.  One of the ways the defendant sought to accomplish this was by “grooming” Anna, by steering her to a number of his own websites designed for sharing images and videos of child pornography.  Through his websites, the defendant had created virtual communities where he encouraged other individuals to post their own homemade or otherwise produced images and videos of child pornography.  Pursuant to a federal search warrant, law enforcement searched the defendant’s Yahoo! account and discovered that the defendant had emailed images and videos of child pornography to others.

            On June 23, 2009, Aubie was indicted by a federal grand jury on a four-count indictment charging him with two counts of Distribution of Child Pornography and two counts of Solicitation and Promotion of Child Pornography.  On June 25, 2013, the defendant was extradited to the United States and arrested upon arrival.  On that date, he appeared before United States Magistrate Judge John M. Conroy who detained the defendant pending trial.  Aubie pled guilty to Count One of the indictment on February 5, 2014, based in part upon an agreement that the government and the defense jointly recommend a sentence of 60 months incarceration.

            This case was investigated by the South Burlington Police Department and the United States Secret Service, with the assistance of Sûreté du Québec, the provincial police agency for Québec.    The United States Attorney, Tristram J. Coffin, commends those agencies for their work and international cooperation.  The case was prosecuted by Assistant United States Attorneys, Nancy J. Creswell and Paul Van de Graaf.  Aubie was represented by Steven Barth of the Office of the Federal Public Defender.

Tristram J. Coffin, United States Attorney for the District of Vermont, stated that Tammy Nguyen, 34, formerly of Essex Junction, Vermont, appeared in United States District Court and pled guilty to making false statements to obtain health care benefit coverage from the Vermont Health Access Plan (“VHAP”) and to filing a false tax return with the Internal Revenue Service (“IRS”).  Sentencing has been set for March 6, 2014, in Burlington, Vermont.  The Honorable Christina Reiss presided at the change of plea.

The False Statements To A Welfare Benefit Plan

According to Court records, on or about September 22, 2010, TAMMY NGUYEN sent a Health Care Programs Application to the Vermont Department for Children and Families via facsimile using the fax cover sheet of the United States Social Security Administration, her employer.  The Application was for health care coverage for herself under the Vermont Health Access Plan (“VHAP”) and for her two children under the Dr. Dynasaur program.  VHAP and Dr. Dynasaur are health care benefit programs funded by Medicare.  Both health benefit programs received federal funds and were designed to assist low-income Vermonters.  On her application, she materially under-reported her gross income from employment and failed to report other material income, including interest income from personal loans she made to other individuals in the Burlington, Vermont area.

The materially false, fictitious and fraudulent statements enabled TAMMY NGUYEN to receive health insurance benefits at a lesser amount than would otherwise have been due.

The False Return

According to Court records, for the federal income tax year ending December 31, 2009, TAMMY NGUYEN filed a tax return with the Internal Revenue Service, under penalty of perjury, reporting only her wages as a Service Representative at the Burlington Office of the Social Security Administration.  In addition to that income, however, she also received reportable interest income from her private money lending activities.  Moreover, she had received fraudulently obtained VHAP benefits as well as public housing assistance benefits that were reportable to the IRS during that tax year.  By failing to report the interest income and fraudulently obtained benefits, TAMMY NGUYEN willfully made and subscribed to a federal tax return that she knew was not true and correct as to every material matter.

In her plea agreement, Nguyen agreed to pay restitution to VHAP (Medicare), the Burlington Housing Authority (Department of Housing and Urban Development), and to the IRS.  Nguyen faces a sentence of up to 5 years in prison and a $250,000 fine.  The actual sentence will be imposed after a presentence investigation is completed and the Court has considered the United States Sentencing Guidelines and other sentencing factors.

United States Attorney, Tristram J. Coffin, thanks the Internal Revenue Service, the Office of the Inspector General, Social Security Administration, the Department of Housing and Urban Development, the Secret Service, and the Federal Protective Service for their investigative assistance during this case.  The case was prosecuted by Assistant United States Attorney Nancy J. Creswell.  The defendant was represented by Attorney Mark A. Kaplan.

          Tristram J. Coffin, United States Attorney for the District of Vermont, stated that Patrick Laquer, 23, of Jenkintown, PA, was sentenced on November 20, 2014 by Chief U.S. District Court Judge Christina Reiss, to 7 months in prison for possession of child pornography.  Additionally, Laquer was sentenced to five years of supervised release to be served after the completion of his prison term.

          According to Court records, an investigator with the Federal Bureau of Investigation detected a computer that was offering to share child pornography on the Internet.  The FBI investigator downloaded videos and image files from the computer that contained child pornography and determined that the computer was located in Burlington, Vermont.  After determining that Laquer was a college student at the University of Vermont, FBI Special Agents obtained a federal search warrant for Laquer’s apartment and laptop. An FBI forensic expert verified that Laquer’s laptop computer did, indeed, contain videos and images of child pornography.

            On December 5, 2013, a federal grand jury handed down a single count indictment against Laquer for possession of child pornography.  Laquer was arraigned on December 18, 2014 and was released on conditions.  Laquer plead guilty to the indictment on July 14, 2014.

            This case was investigated by the Federal Bureau of Investigation.  The United States Attorney, Tristram J. Coffin, commends that agency for its work.  The case was prosecuted by Assistant U.S. Attorney, Nancy J. Creswell.  Laquer was represented by Ernest M. Allen III.

The Office of the United States Attorney for the District of Vermont stated that Fabian Hugo De Mestico, 47, of California, appeared on November 21, 2014 in United States District Court in Burlington following his arrest for alien smuggling.  U.S. Magistrate Judge John M. Conroy released De Mestico on conditions pending his next court hearing.

According to court records, in the early evening of November 20, a Border Patrol Agent near Canaan, Vermont noticed footprints on a back road that parallels the border, which suggested that someone had walked into the United States from Canada without reporting to a port-of-entry.  The agent alerted other agents in the area.  Another agent noticed a car, which contained two men, pulling out of a gas station in Canaan.  The car had an out-of-state license plate which was registered to a car rental company.  The agent stopped the vehicle, which was driven by De Mestico.  The passenger was a Polish citizen who has no immigration status in the United States.  Subsequent investigation showed that De Mestico had flown to Vermont from California on November 19, rented a car here and then driven to Montreal.  De Mestico met the alien in Canada, drove him to a point north of the border, and then let him walk across the border.  De Mestico picked the alien up near Canaan and planned to drive him to Boston.

The United States Attorney emphasizes that the charge against De Mestico is merely an accusation and that the defendant is presumed innocent unless and until he is proven guilty.

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

De Mestico is represented by Assistant Federal Public Defender Steve Barth.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

          Tristram J. Coffin, United States Attorney for the District of Vermont, stated that Andrew Kittell, 37, of Colchester, Vermont, was sentenced today by Chief U.S. District Court Judge Christina Reiss, to 13 months in prison for possession of child pornography.  Additionally, Kittell was sentenced to five years of supervised release to be served after the completion of his prison term.

          According to Court records, an investigator with the Vermont Attorney General’s Office detected a computer that was offering to share child pornography on the Internet.  The investigator downloaded a video file from the computer that contained child pornography.  The investigation was then referred to the federal agency, Homeland Security Investigations (“HSI”).  HSI Special Agents obtained a federal search warrant for Kittell’s home during which Kittell’s computer and an external hard drive were seized.  An HSI forensic expert determined that the external hard drive contained over 150 videos of child pornography.

            Kittell was arrested on January 22, 2014, and appeared before the United States District Court that same day.  On January 30, 2014, a federal grand jury handed down an indictment against Kittell for possession of child pornography.  Kittell plead guilty to the single count indictment on July 14, 2014.

            This case was investigated by the Vermont Attorney General’s Office and Homeland Security Investigations.  The United States Attorney, Tristram J. Coffin, commends those agencies for their work.  The case was prosecuted by Assistant U.S. Attorney, Nancy J. Creswell.  Kittell was represented by Ernest M. Allen III.

The United States Attorney’s Office for the District of Vermont announces that Woodstock Gallery and Clover Gift Shop, both located in Woodstock, Vermont, have agreed to complete specific modifications to come into compliance with Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits a public accommodation from denying an individual or a class of individuals, on the basis of a disability, the opportunity to participate in or benefit from the goods, services, facilities, or accommodations of an entity. Title III requires a public accommodation to remove architectural barriers to access in existing facilities where it is readily achievable to do so. The United States Attorney’s Office’s investigation began following a complaint made to the Vermont Human Rights Commission regarding the accessibility of Woodstock Gallery and Clover Gift Shop.

An onsite survey of Woodstock Gallery and Clover Gift Shop performed by United States Department of Justice architects revealed ADA compliance issues related to the shops’ entrances. Woodstock Gallery and Clover Gift Shop will be remedying ADA compliance issues by February 15, 2015 by constructing a ramp and improving the shops’ rear entrance.

The owners of Woodstock Gallery and Clover Gift Shop recognized the obligation to address the issues identified in the onsite survey. In addition, the owner of the building housing these businesses took a leadership role ensuring that the necessary improvements will be made. All of these individuals are to be commended for their cooperation with the Office of the United States Attorney for the District of Vermont.

The Office of the United States Attorney for the District of Vermont worked in partnership with Tracey Tsugawa and Karen Richards of the Vermont Human Rights Commission in addressing and resolving these important civil rights issues. Assistant United States Attorney Nikolas P. Kerest, with assistance from the Disability Rights Section of the Civil Rights Division of the Department of Justice, handled this matter on behalf of the United States and is working with other Vermont businesses to resolve their ADA compliance issues. Further information on the ADA and its requirements may be found at www.ada.gov.      

The Office of the United States Attorney for the District of Vermont stated Chief Judge Christina Reiss, of the United States District Court in Burlington, sentenced Dennis Gaskin, 28, of Moretown, Vermont to 20 months imprisonment for possessing a firearm after having been convicted of a felony. Gaskin’s prior felony was a 2004 burglary conviction in Connecticut. Judge Reiss also sentenced him to three years supervised release, which follows his jail sentence. The firearms offense was subject to a maximum term of imprisonment of ten years.

This matter began after Vermont State Police investigated a potential domestic assault at Deer Run Lane in Moretown on November 21, 2013. According to court records, Shannon Simms, who is Gaskin’s girlfriend and mother of his infant son, locked herself in her bedroom with the baby and called her grandmother for help after Gaskin had assaulted her by pushing and slamming her to the floor during an argument and putting her in a head-lock for several seconds. The Vermont State Police went to the residence, arrested Gaskin, and eventually recovered a Ruger .22 caliber assault style rifle with a high capacity magazine that belonged to Gaskin. The State charged Gaskin with domestic assault (state case still pending). Meanwhile, in March 2014, a federal grand jury indicted Gaskin on unlawfully possessing a firearm after sustaining a felony conviction.

Gaskin pled guilty to the federal firearms offense.  At the recent sentencing hearing, the Government argued for the advisory Sentencing Guidelines sentence of 37 months. Gaskin’s attorney asked for a time served sentence (eight months). In arguing that Gaskin was a danger to the community, the Government cited to domestic abuse statistics, also cited by the U.S. Supreme Court, that “when a gun was in the house an abused woman was 6 times more likely than other abused woman to be killed.” The Government also argued: “A felon with a firearm is unacceptable and illegal. A felon, who abuses a woman, and possesses a firearm, is downright dangerous.”

The United States is represented by Assistant U.S. Attorney Joseph Perella while the defendant is represented by Assistant Federal Public Defendant David McColgin, Esq. This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Vermont State Police.

The Office of the United States Attorney for the District of Vermont stated Chief Judge Christina Reiss, of the United States District Court, recently sentenced Eric Dixon (a.k.a. “Big E”), 45, of Rutland, and Andrew Harris (a.k.a. “Dreads”), 25, of Rutland. These two sentencings were the last two sentencings of a total of seven defendants convicted of selling heroin and crack cocaine and who were operating out of various residences on Park Avenue in Rutland, Vermont. In the most recent sentencings, Judge Reiss sentenced Eric Dixon to 87 months imprisonment to be followed by six years of supervised release, and Andrew Harris to 60 months imprisonment to be followed by five years of supervised release.

Judge Reiss previously sentenced the following five: (1) Terrence Chenault (a.k.a. “Stucky”), 31, of Rutland, Vermont to 87 months imprisonment for conspiring to distribute heroin and crack cocaine to be followed by four years supervised release; (2) Joshua Minix (a.k.a. “Face”), 38, of Rutland, Vermont to 87 months imprisonment for conspiring to distribute heroin and possessing a firearm while unlawfully using controlled substances, to be followed by five years of supervised release; (3) Ernest Murray, 51, of Rutland to five years imprisonment for conspiring to distribute heroin and crack cocaine to be followed by four years of supervised release; (4) Sara Muzzy, 28, of Rutland, to 8 months imprisonment for conspiring to distribute heroin to be followed by three years supervised release; and (5) Kimberly MacJarrett, 23, of Rutland, to 12 months for conspiring to distribute heroin, to be followed by three years supervised release.

In these various sentencings, Judge Reiss found that organizers of this conspiracy, including Dixon, Chenault, Murray, and Minix, were “predatory” in that they used addicts, particularly young woman, such as Muzzy and MacJarrett, to take most of the risk by distributing and transporting the drugs, including by body packing them. Judge Reiss stated that heroin is “tearing the fabric” of communities apart and there needs to be “serious consequences” to distributing these drugs. The Government stated in its sentencing memoranda that “heroin and other drugs are wreaking havoc in Rutland and many other Vermont communities” and “a strong message from the Court needs to be continually sent to narcotic dealers that spreading their poison in the community will result in a lengthy jail sentence.”

This case was jointly investigated by the Vermont Drug Task Force, the Drug Enforcement Administration, and the Federal Bureau of Investigation. The United States is represented by Assistant U.S. Attorney Joseph Perella. The seven defendants are represented as follows: Eric Dixon is represented by David Watts, Esq.; Terrence Chenault is represented by Richard Goldsborough, Esq.; Joshua Minix is represented by William Kraham, Esq.; Andrew Harris is represented by Lisa Shelkrot, Esq.; Ernest Murray is represented by David Williams, Esq.; Kim MacJarrett is represented by Beth Mann, Esq.; and, Sara Muzzy is represented by Jean-Claude Charboneau.

The Office of the United States Attorney for the District of Vermont stated that yesterday Joshua Rose, 21, of New York, was sentenced by Chief United States District Judge Christina Reiss to seventy-five months imprisonment on his guilty plea to a charge of conspiracy to distribute 100 grams or more of heroin. At the sentencing hearing the government requested a sentence of 120 months. The defense sought sixty months. Chief Judge Reiss also ordered that Rose serve five years supervised release after his incarceration ends.

According to court documents, Rose trafficked 400 to 700 grams of heroin from New York City to Rutland during 2012. On September 4, 2012, Rose was arrested by the New York Police Department with 110 grams of heroin bound for Rutland. For the next six months, Devon Cruz, 29, and Charles Hercules, 23, both of New York, who had been assisting Rose, continued the heroin trafficking operation. The three New York men sold the heroin in Rutland primarily through several heroin-addicted local residents, including Alan H. Willis, II, 42, of Tinmouth, and Evan Murphy, 23, and Debra Bristol, 49, both of Rutland. On August 29, 2012, approximately one week before Rose’s arrest, David C. Blanchard III, of Rutland, died from an overdose of the heroin distributed by Rose and his associates.

During a joint investigation by the Vermont Drug Task Force (VDTF), the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and the Rutland Police Department (RPD), investigators used confidential informants to make controlled buys of the heroin from Willis and Murphy in the Rutland area. On July 24, 2013, a grand jury returned an indictment charging Rose, Cruz, Hercules, Willis, Murphy, and Jean Marie Phillips, 47, of Rutland, with conspiracy to distribute 100 grams or more of heroin. On October 2, 2013, Bristol was similarly charged in a criminal information. All of the defendants entered guilty pleas to the conspiracy charge, except Phillips, who pled guilty to aiding and abetting Rose=s possession with intent to distribute heroin. On April 28, 2014, Willis was sentenced to 37 months imprisonment. On May 9, 2014, Phillips was sentenced to 13 months imprisonment. On August 26, 2014, Murphy was sentenced to 60 months imprisonment. On August 27, 2014, Hercules was sentenced to 39 months imprisonment. On October 1, 2014, Cruz was sentenced to 69 months imprisonment. Bristol is scheduled for sentencing on November 3.

United States Attorney Tristram J. Coffin commended the joint investigation by the VDTF, DEA, FBI and RPD, and thanked the Vermont Attorney General=s Office for its cooperation. Coffin added, “The overdose death of David Blanchard is a tragedy. The distribution of heroin devastates families and communities, and too often has lethal consequences, as it did in this case. This office is committed to working with federal, state, and local law enforcement to prosecute the heroin dealers preying on Vermonters and those assisting the dealers.” Burlington attorney Karen Shingler represented Rose. The case was prosecuted by Assistant U.S. Attorney Craig S. Nolan.

The United States Attorney's Office for the District of Vermont stated today that Chief Judge Christina Reiss in U.S. District Court in Burlington sentenced Frank Caraballo, 32, of Holyoke, Massachusetts, to 40 years imprisonment on his conviction for firearm and drug conspiracy charges, including a firearm charge relating to the murder of Melissa Barratt. The United States sought a term of life imprisonment and argued that such a term was fair and just sentence for Caraballo’s execution style murder of Melissa Barratt, who was 32 at the time. Chief Judge Reiss also sentenced Caraballo to a lifetime of supervised release which will follow Caraballo’s service of the 40-year term of imprisonment.

Melissa Barratt's body was discovered in a wooded area off East West Road in Dummerston, Vermont on July 29, 2011. Caraballo was eventually charged in federal court with various drug and firearm offenses, including using a firearm during a drug trafficking offense and causing the murder of Melissa Barratt. The drug conspiracy charge involved crack cocaine, cocaine powder, and heroin. According to witness testimony at trial, immediately after Caraballo was released from jail in Hampden County Massachusetts in mid-March 2011 and continuing to   July 29, 2011, when he was arrested by Vermont State Police, Caraballo regularly traveled from Holyoke, Massachusetts to southern Vermont with substantial amounts of narcotics and distributed them. Melissa Barratt assisted Caraballo in the sale of some of these drugs. On July 28, 2011, Caraballo accused Barratt of stealing a significant amount of drugs from his room at the Super 8 motel in Brattleboro. When Barratt did not return the drugs, Caraballo took her to Dummerston and shot her in the head.

After a three week trial beginning in mid-September 2013, the jury convicted Caraballo on the firearm and drug conspiracy counts. Though the jury found that Caraballo caused the death of Melissa Barratt, they did not find beyond a reasonable doubt that Caraballo discharged the weapon that caused Barratt’s death. This distinction, however, did not change the maximum sentence of life that Caraballo could potentially receive. In its sentencing memorandum, the government argued that Caraballo was an “unrepentant criminal” who “deserves life for a cold blooded murder while being a career drug trafficker.”

This case was jointly investigated by the Vermont State Police, the Southeast Vermont Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

The United States Attorney commends the exemplary work of the state and federal law enforcement agencies jointly investigating this matter. In addition, the United States Attorney stated that the investigation was greatly facilitated by the assistance of the office of Windham County State=s Attorney Tracy Kelly Shriver and Deputy State’s Attorney Steven Brown.   

The United States is represented by Assistant U.S. Attorneys Paul Van de Graaf and Joseph Perella.  Caraballo is represented by Mark Kaplan, Esq. of Burlington and Natasha Sen, Esq. of Brandon.

The Office of the United States Attorney for the District of Vermont announced that Billie Preston, 41, of Monkton, pleaded guilty on October 29, 2014, in United States District Court in Burlington to a charge of wire fraud.  Chief U.S. District Judge Christina Reiss released Preston on conditions pending sentencing, which has been set for February 27.

According to court records, between approximately November 2011 and late April 2014, Preston was employed as a bookkeeper by Endyne, Inc., an environmental testing laboratory located in Williston.  Preston handled the company's payroll and accounts receivables and payables. 

Beginning in about January 2012 and continuing through the end of April 2014, Preston embezzled about $84,000 from Endyne, primarily by falsifying payroll records to cause the firm to issue her paychecks and make electronic funds transfers in excess of her authorized salary.  Preston also made electronic transfers of company funds to pay her personal bills.

Preston faces up to 20 years of imprisonment and a fine of up to $250,000.  Her actual sentence will be determined with reference to federal sentencing guidelines.

This case was investigated by the Williston Police Department and the Federal Bureau of Investigation.

Preston is represented by Robert Kaplan.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont announced that Jeremy Smith, 37, of Petersburg, New York, was sentenced today in United States District Court in Burlington to 12 months plus one day of imprisonment following his guilty plea to a charge that travelled in interstate commerce without updating his registration under the Sex Offender Registration and Notification Act.  Chief U.S. District Judge Christina Reiss also ordered that Smith serve five years of supervised release following completion of his prison sentence. 

On February 12, 2014, a federal grand jury in Rutland returned an indictment charging Smith with violating the federal Sex Offender Registration and Notification Act.  Smith was arrested by U.S. Marshals in South Carolina on February 21 and has been in custody since then.  According to the indictment and court records, Smith was convicted in Bennington, Vermont in 1999 of sexual assault on a minor.  That conviction requires him to register as a sex offender with officials of any state where he resides or to which he moves.  In early 2011, after being released from prison in Vermont, Smith moved to New York.  However, he did not register as a sex offender with New York officials.  Under federal law, when a sex offender moves from one state to another, he has three days to update his registration. 

This case was investigated by the U.S. Marshal’s Service.

Smith 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 stated that Grant Klein, 33, of Brattleboro, Vermont, was sentenced on October 27, 2014, in United States District Court in Rutland, Vermont, to serve a term of 12 months and one-day imprisonment and a 10-year period of supervised release following his conviction on one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).  Judge Geoffrey C. Crawford also ordered Klein to pay a $100 special assessment.

According to court records and proceedings, law enforcement executed a warrant to search Klein’s residence for evidence of child pornography offenses after a computer located at that residence was identified as accessing and downloading child pornography over the Internet.  Klein admitted that he possessed child pornography on his cell phone, he had earlier destroyed the hard drive to his desktop computer to avoid detection by law enforcement, he derived sexual gratification from looking at child pornography, and he described himself as a pedophile.  A forensic examination of his cellphone revealed approximately 71 images of child pornography were on it.  Some of the images in Klein’s collection depicted the rape of infants and other sadistic and masochistic conduct.

United States Attorney Coffin commended the efforts of the Federal Bureau of Investigation, the Brattleboro Police Department, and the Vermont Internet Crimes Against Children Task in the investigation and prosecution of Klein.

The prosecution of Klein was handled by Assistant U.S. Attorney Barbara A. Masterson.  Klein was represented by Assistant Federal Defender David L. McColgin.

U.S. Attorney Coffin 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 October 16, 2014, former Vermont Correctional Officer Tracy Holliman, of South Burlington, was sentenced to 5 months incarceration followed by 5 months home confinement by United States District Court Judge Geoffrey Crawford in Rutland.   The Grand Jury initially returned an Indictment charging Holliman with four counts of engaging in sexual acts with women over whom he had custodial authority while they were held in federal custody at the Chittenden Regional Correctional Facility in South Burlington.  Court papers explained that Holliman pleaded to obstruction of justice in connection with his efforts to delete emails in which he admitted to some of the originally charged conduct.  At the conclusion of the sentencing hearing the Court granted the United States’ motion to dismiss the original Indictment.

It is a federal felony for a correctional officer to engage in sexual acts with a federal inmate over whom the officer has custodial, supervisory, or disciplinary authority, while working at a federal facility or one that that contracts with the United States to house federal detainees.  Consent is not a legal defense to corrections staff who engage in sexual acts with inmates.  The United States Attorney has noted that this is due to several factors, including the significant power disparity between inmates and correctional staff.

Working in cooperation with the Vermont Department of Corrections, this matter was investigated by the United States Marshals Service, the Federal Bureau of Investigation, and the Vermont State Police.

Holliman is represented by Mark Kaplan, Esq., of Burlington.

The Office of the United States Attorney for the District of Vermont stated Chief Judge Christina Reiss, of the United States District Court, sentenced Joshua Minix (a.k.a. “Face”), 38, of Rutland, Vermont to 87 months imprisonment for conspiring to distribute heroin in the Rutland area and possessing a firearm while unlawfully using controlled substances. Court records indicate that his sentencing was also based on his distribution of Oxycontin pills and cocaine powder. In addition, Judge Reiss sentenced Minix to five years supervised release, to be served after he completes his jail sentence. She also recommended to the Bureau of Prisons that Minix participate in the 500-hour substance abuse program for federal inmates.
           
Minix previously pled guilty to conspiring to distribute heroin in the Rutland area in 2013-13 and unlawful possession of a firearm by a drug user. The Pre-Sentence Report found that Minix was involved in distributing at least 380 grams of heroin, 18,000 Oxycontin (30 mg) pills, and 45 grams of crack cocaine. The defendant distributed drugs while living on Park Avenue in Rutland City. Judge Reiss recently sentenced Terrence Chenault, another Park Avenue resident, to 87 months in prison for distributing heroin and cocaine base. Minix received enhancements to his guideline range for obstructing justice, possessing firearms, and armed robberies of other drug dealers. The Court found that the Minix had obstructed justice by drafting two false affidavits for two witnesses to his unlawful possession of a firearm in an attempt to get their subpoenas to the grand jury quashed.

The Government stated in its sentencing memorandum that “heroin and other opiates are wreaking havoc in Rutland and many other Vermont communities” and “a strong message from the Court needs to be continually sent to narcotic dealers that spreading their poison in the community will result in a lengthy jail sentence.” The Government stated that a significant sentence was also warranted here to protect the community from the defendant because the defendant had shown that he returns to drug dealing whenever he is released from jail.

The United States is represented by Assistant U.S. Attorney Joseph Perella while the defendant is represented by William Kraham, Esq. This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Vermont Drug Task Force, the Drug Enforcement Administration, and the Federal Bureau of Investigation.

The United States Attorney’s Office for the District of Vermont announces that the Woodstock Inn & Resort, Woodstock, Vermont has agreed to complete specific modifications to come into compliance with Title III of the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits a public accommodation from denying an individual or a class of individuals, on the basis of a disability, the opportunity to participate in or benefit from the goods, services, facilities, or accommodations of an entity. Title III requires a public accommodation to remove architectural barriers to access in existing facilities where it is readily achievable to do so. The United States Attorney’s Office’s investigation began following a complaint made to the Vermont Human Rights Commission regarding the accessibility of the Woodstock Inn & Resort.

An onsite survey of the Woodstock Inn and Resort performed by United States Department of Justice architects revealed ADA compliance issues related to the parking areas, exterior routes, entrances, lobby, bars and dining areas, toilet rooms, representative guest rooms, designated accessible guest rooms, and the spa. The Woodstock Inn & Resort has remedied some of the ADA compliance issues identified and has agreed to a work schedule stating that most of ADA compliance issues identified will be addressed by the end of 2016 and all agreed to changes will be made by the end of 2019.

The Woodstock Inn & Resort’s owners recognized the obligation to address the issues identified in the onsite survey. The Woodstock Inn & Resort’s owners and their representatives are to be commended for their cooperation with the Office of the United States Attorney for the District of Vermont.

The Office of the United States Attorney for the District of Vermont worked in partnership with Tracey Tsugawa and Karen Richards of the Vermont Human Rights Commission in addressing and resolving these important civil rights issues. Assistant United States Attorney Nikolas P. Kerest, with assistance from the Disability Rights Section of the Civil Rights Division of the Department of Justice, handled this matter on behalf of the United States and is working with other Vermont businesses to resolve their ADA compliance issues. Further information on the ADA and its requirements may be found at www.ada.gov.

The Office of the United States Attorney for the District of Vermont announced that a federal jury in Burlington on Friday found Patricia Merz, 57, of Niskayuna, New York, guilty on charges of conspiracy, interstate transportation of stolen money, wire fraud and forgery after a three-day trial in U.S. District Court.  The week before, Christopher McGuigan, 52, of Rutland, Merz's brother and co-defendant, pleaded guilty to the conspiracy charge.  Chief Judge Christina Reiss has released both defendants on conditions pending their sentencings, which have been scheduled for early next year. 

Earlier this year, a federal grand jury in Rutland returned an indictment charging the defendants with conspiracy, wire fraud, interstate transportation of stolen money and forgery.  According to the indictment, the defendants' mother, Annelise McGuigan, died in Bennington in 2009.  She left no will.  In late 2009, the Bennington probate court appointed Merz and McGuigan as co-administrators of their mother's estate.  As administrators, they had a legal duty to prepare an inventory of estate assets, pay the estate's debts and render an accounting to the court.

According to the indictment, Annelise McGuigan owned a house in Rupert at the time of her death.  With the court's permission, Merz and McGuigan sold the house in 2010, a sale which netted the estate about $180,000.  Although Merz and McGuigan had received claims against the estate totaling more than $88,000 -- debts incurred for funeral expenses, property maintenance, credit card expenses and nursing home and medical care -- Merz and McGuigan never paid any of those obligations.  Instead, they used virtually all of the estate funds to benefit themselves, expending all the estate funds within about one year.  Merz withdrew about $50,000 from the estate account by forging McGuigan's signatures on numerous banking withdrawal slips.

The Office of the United States Attorney for the District of Vermont stated that on September 29, 2014, Russell John Thaxton, 48, of Morrisville, was sentenced by United States District Judge J. Garvan Murtha to eighty-four months imprisonment on his guilty plea to a charge of pharmacy robbery. Judge Murtha also ordered Thaxton to serve two years on supervised release after his incarceration ends, and to pay restitution for the controlled substances he stole during the robbery.

According to court records, on August 29, 2013, Thaxton, Jennifer Stancliff, 30, of Morrisville, and Amanda Tetreault, 31, of Eden, traveled from Morrisville to Cambridge to rob the Kinney Drugs pharmacy. Shortly after entering the store, Thaxton pulled a black ski mask over his face, and approached the pharmacy counter. He brandished an airsoft gun, which had the appearance of a semi‑automatic pistol. Pointing the weapon at the pharmacist, Thaxton shouted that he wanted Aall your opiates and stimulants.@ The pharmacist complied with the demands, and defendant departed the store with 1,102 controlled substance pills with a wholesale value of more than $5,000. Thaxton joined his accomplices in a vehicle, and was arrested shortly thereafter by Vermont State Police (VSP). Lamoille County State=s Attorney Joel Page charged all three in state court. After further investigation by VSP and the Drug Enforcement Administration (DEA), a federal grand jury indicted Thaxton and Stancliff for robbing the pharmacy. Stancliff is scheduled for sentencing on December 15, 2014. Tetreault entered a guilty plea to a related charge in state court.

United States Attorney Tristram J. Coffin commended the investigation by VSP and DEA, and thanked State=s Attorney Page for his cooperation. Coffin added, AThis office will continue to work closely with federal, state and local law enforcement to investigate and prosecute violent crimes, including robberies of pharmacies and other commercial establishments.@ Thaxton was represented by Assistant Federal Defender David McColgin. The case is being prosecuted by Assistant U.S. Attorney Craig S. Nolan.

The Office of the United States Attorney for the District of Vermont stated that Qiana Govan (a.k.a. “Missy”), 25, of Rutland, Vermont, and formerly of Brooklyn, New York, has been charged by Indictment with three counts of distributing crack cocaine in Rutland, Vermont in May 2014. Govan pled not guilty before U.S. Magistrate Judge John Conroy and was released on conditions pending trial as she has no prior criminal record.

The United States Attorney emphasizes that the charges contained in the Indictment are merely accusations and that the defendant is presumed innocent unless and until she is proven guilty. If Govan is convicted, she faces a maximum possible term of imprisonment of twenty years.

The United States is represented in this matter by Assistant U.S. Attorney Joseph Perella. Govan is represented by Karen Shingler, Esq. The investigation was conducted by the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, and the Drug Enforcement Administration.

The Office of the United States Attorney for the District of Vermont stated that Pamela Smith, 58, of Barnard, was sentenced on September 22, 2014 in United States District Court in Brattleboro to 15 months of imprisonment following her guilty plea to a charge of wire fraud.  U.S. District Judge J. Garvan Murtha ordered that Smith serve a three-year term of supervised release following completion of her prison term and pay restitution in the amount of $228,675.  The court directed Smith to surrender to the Bureau of Prisons on October 28 to begin serving her sentence.

On February 18, 2014, the United States Attorney filed a one-count information charging
Smith with wire fraud.  According to the information, between approximately  2007 and early 2013, Smith was employed by the Shire Riverview Motel in Woodstock, Vermont.  Smith worked part-time as a clerk and also performed bookkeeping services for the inn.  Beginning no later than 2009 and continuing until early 2013, Smith embezzled not less than $210,000 from Shire Riverview.  She did this by writing unauthorized checks to herself from the inn's checking account, then depositing the checks into her personal bank account; by stealing cash payments made by motel guests; and by using Shire Riverview funds to pay her personal expenses, including credit card, gasoline, fuel oil and telephone and Internet service bills.  Smith used about $40,000 in stolen funds to pay for improvements to a house in Barnard.

As part of her plea, Smith agreed to forfeit to the United States about $40,000 in improvements to the Barnard residence.  At the time of sentencing Smith had already repaid the victim about $121,000.

This case was investigated by the Woodstock Police Department and the Federal Bureau of Investigation.

Smith is represented by George Ostler and Cabot Teachout.  The prosecutor is Assistant U.S. Attorney Gregory Waples.  

The Office of the United States Attorney for the District of Vermont stated that on September 29, 2014, Devon Cruz, 29, of New York, was sentenced by Chief United States District Judge Christina Reiss to sixty-nine months imprisonment on his guilty plea to a charge of conspiracy to distribute 100 grams or more of heroin. Chief Judge Reiss also ordered that Hercules serve four years on supervised release after his incarceration ends.

According to court documents, Cruz, along with Joshua Rose, 21, and Charles Hercules, 23, both of New York, trafficked approximately one kilogram of heroin from New York to Rutland from early 2012 to February 2013. The three New York men sold the heroin in Rutland primarily through several heroin-addicted local residents, including Alan H. Willis, II, 42, of Tinmouth, and Evan Murphy, 23, of Rutland. During a joint  investigation by the Vermont Drug Task Force (VDTF), the Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation (FBI), investigators used confidential informants to make controlled buys of the heroin from Willis and Murphy in the Rutland area.

On July 24, 2013, a grand jury returned an indictment charging Cruz, Rose, Hercules, Willis, Murphy, and Jean Marie Phillips, 47, of Rutland, with conspiracy to distribute 100 grams or more of heroin. All of the defendants have entered guilty pleas to the conspiracy charge, except Phillips, who pled guilty to aiding and abetting Rose=s possession with intent to distribute heroin. On April 28, 2014, Willis was sentenced to 37 months imprisonment. On May 9, 2014, Phillips was sentenced to 13 months imprisonment. On August 26, 2014, Murphy was sentenced to 60 months imprisonment. On August 27, 2014, Hercules was sentenced to 39 months imprisonment. Rose is scheduled for sentencing on October 30.

United States Attorney Tristram J. Coffin commended the joint investigation by the VDTF, DEA and FBI, and thanked the Vermont Attorney General=s Office for its cooperation. Burlington attorney Richard Bothfeld represented Cruz. The case is being prosecuted by Assistant U.S. Attorney Craig S. Nolan.

The Office of the United States Attorney for the District of Vermont announced that Manon Cote, 47, of Newport, was sentenced today in United States District Court in Brattleboro to 15 months of imprisonment following her guilty to a forgery charge which stemmed from Cote's embezzlement of hundreds of thousands of dollars from her employer.  U.S. District Judge J. Garvan Murtha ordered that Cote serve three years of supervised release following completion of her prison term, and pay restitution of about $368,000.  Cote was directed to surrender to the Bureau of Prisons on November 18 to begin serving her sentence. 

On March 21, 2013, a federal grand jury in Burlington returned a three count indictment charging Cote with mail and wire fraud and forging checks of an organization.  Cote pled guilty to the forgery charge last October.  According to the indictment, Cote was employed as office manager for DeLaBruere=s Auto Sales, Inc., a new and used car and truck dealership in Newport.  Between 2006 and January 2012, Cote embezzled about $380,000 from DeLaBruere=s, primarily be stealing cash from the daily receipts she was responsible for depositing into the company=s bank account.  Cote tried to cover up the thefts of cash by writing company checks to unauthorized payees in amounts equal to the sum of cash she was stealing, then depositing the checks back into the company bank account.  In issuing those checks, Cote used without authority the signature stamp of the owner of DeLaBruere=s.  Cote stole additional company funds by improperly issuing checks to herself; by using company funds to pay personal loans; and by using the company credit card for personal reasons.

This case was investigated by the Vermont State Police and the U.S. Secret Service.

Cote is represented by Assistant Federal Public Defender David McColgin.  The prosecutor is Assistant U.S. Attorney Gregory Waples.

The Office of the United States Attorney for the District of Vermont stated that on September 29, 2014, Heather Brown, 33, of Barre, Vermont, was sentenced to 48 months in federal prison for distributing hundreds of ounces of crack cocaine and tens of thousands of oxycodone pills and for continuing to deal drugs while under federal court supervision.  United States District Judge William K. Sessions III ordered Brown to serve a three-year term of supervised release after her prison term is completed.  Judge Sessions also ordered Brown to forfeit her drug proceeds, which include approximately $41,000 in cash seized from Brown and a handgun Brown used in furtherance of her drug distribution business.

According to court records, from 2011 until her first arrest on September 9, 2013, Brown sold thousands of oxycodone pills in the Barre area.  She obtained these pills from an out-of-state source.  Beginning about nine months prior to her 2013, arrest, Brown also sold hundreds of ounces of cocaine base, which she obtained from a separate out-of-state source.  When members of the Vermont Drug Task Force arrested Brown on September 9, 2013, they searched her person and her Barre residence.  In total, law enforcement seized approximately 800, 30 milligram oxycodone pills, over one ounce of cocaine base, commonly referred to as “crack” cocaine, over $41,000 in cash, and a .380 caliber handgun.  Brown subsequently admitted that she was a drug dealer and told police that she had obtained the handgun in exchange for crack.

Brown was charged in federal court and ordered released under court supervision pending the resolution of her case.  The Vermont Drug Task Force later learned that Brown continued to deal large quantities of oxycodone pills while under federal court supervision.  On January 14, 2014, the Vermont State Police stopped a vehicle traveling north on Interstate 91 which had Brown as a passenger.  Troopers found approximately 758 oxycodone pills on Brown’s person.  The male driver of the vehicle told police that Brown had promised him oxycodone pills in exchange for him driving Brown to Holyoke, Massachusetts to obtain a re-supply of oxycodone pills.  The man admitted that he had performed the same service for Brown approximately five times in the previous month-and-a-half.
After her January 14, 2014 arrest, Brown was detained pending resolution of her case.  On March 12, 2014, she pled guilty to one count of conspiring to distribute oxycodone, one count of conspiring to distribute cocaine base, and one count of committing an offense while on federal conditions of release. 

For the oxycodone and cocaine base conspiracy convictions, Brown faced a maximum of 20 years in prison on each of the two counts.  For committing a criminal offense while on federal pretrial release, which is a separate crime, Brown faced a maximum prison sentence of ten years.  Under the U.S. Sentencing Guidelines, which are advisory, Brown’s recommended term of imprisonment was 151-188 months.   Pursuant to a written plea agreement, Brown agreed she was responsible for selling at least 20,000, 30 milligram oxycodone pills, for selling at least 328 grams of cocaine base, and for possessing a firearm while dealing drugs. 

At sentencing, the United States asked the court to sentence Brown to 82 months in prison.  The government argued that the quantity of drugs Brown dealt, that she was armed, and that continued to deal drugs on a large scale while under federal court supervision, all constituted significant aggravating factors.  The government also acknowledged a number of mitigating factors, including Brown’s relationship with her minor children, her lack of a lengthy criminal record, and her mental health issues.

Instead, Judge Sessions imposed a 48-month sentence.  In explaining his decision Judge Sessions cited, among other factors, Brown’s history of depression and alcoholism, as well as her difficult childhood.  Judge Sessions also emphasized the importance of Brown maintaining a relationship with her children.

United States Attorney Tristram J. Coffin commended the hard work of the Vermont State Police, the Vermont Drug Task Force, the Montpelier Police Department, and the Barre City Police Department.  The prosecutor is Assistant United States Attorney Timothy C. Doherty, Jr.  Brown is represented by Burlington defense attorney Mark Kaplan.

The Office of the United States Attorney for the District of Vermont stated that Brant Nelson, 49, of Saxtons River, Vermont, was sentenced on September 15, 2014, in United States District Court in Burlington, Vermont, to serve 360-months (30 years) imprisonment and a lifetime period of supervised release following his conviction on six counts of production of child pornography, in violation of 18 U.S.C. § 2251, one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B), one count of interstate travel to engage in sexual act with a minor, in violation of 18 U.S.C. § 2241(c), and one count of interstate transportation of a minor for sexual activity, in violation of 18 U.S.C. § 2423(a).  Chief Judge Christina Reiss also ordered Nelson to pay a $900 special assessment.

According to court records and proceedings, in early January 2012, Nelson was living in Saxtons River, Vermont when the Vermont State Police (VSP) received a report that he possibly had images of child pornography on his computer and that he had a sexual interest in very young girls.  VSP troopers interviewed Nelson, who confirmed that he had child pornography on his computer at his residence.  Nelson added that he encrypted the computer, but he gave the troopers consent to take his computer and various passwords to defeat the encryption.  The troopers retrieved Nelson=s computer and delivered it to a forensic examiner with the Vermont Internet Crimes against Children (ICAC) Task Force.  The troopers gave Nelson a citation to appear in court at a later date.

Within days thereafter, Nelson went to a public computer and caused email accounts he had used to be closed and the contents deleted.  Nelson also warned other offenders with whom he had been sharing images of child pornography to destroy their computers.

Nelson was interviewed by a VSP detective and a Special Agent with the Department of Homeland Security, Homeland Security Investigations (HSI), on January 20, 2012.  Nelson admitted to having child pornography on his computer, to engaging in sexual contact with a young girl, to taking pornographic pictures of his child victims and posting them to the Internet, to sharing with other pedophiles images of child pornography that he had produced, and to accessing a website on the Internet where pedophiles congregate.  Nelson’s admissions were confirmed by the forensic exam of his computer, where images of child pornography that he produced and possessed were found.  Nelson was taken into federal custody.  On February 2, 2012, he was indicted on one count of production of child pornography.  The production of child pornography count carries a 15-year mandatory minimum sentence, with a 30-year statutory maximum sentence.

Through an unrelated investigation conducted by the FBI in New York State, images of child pornography that depicted Nelson and his child victims were found in the collection of another offender.  On April 12, 2012, a grand jury returned a First Superseding Indictment against Nelson, which charged him with a total of six counts of production of child pornography, and one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B). 

On June 17, 2013, Nelson pleaded guilty to all counts of the First Superseding Indictment.

The investigation into Nelson’s activities continued and resulted in his guilty plea to a two-count Information on March 24, 2014.  The Information charged him with interstate travel to engage in a sexual act with a minor (Count One), and one count of interstate transportation of a minor for sexual activity (Count Two).  Count One subjected Nelson to a 30-year mandatory minimum sentence, with a statutory maximum sentence of life.  Count Two subjected Nelson to a 10-year mandatory minimum sentence, with a statutory maximum sentence of life.  The facts which supported Nelson’s guilty plea to the two charges in the Information are the following:

In approximately 2008, Nelson began accessing a website on the Internet where adults who have a sexual interest in little girls congregate.  While using this website, Nelson met and began communicating with a man who lived in the state of New York (“Offender #1”).  Nelson and Offender #1 communicated via email about their shared sexual interest in little girls and their shared interest in child pornography.  Nelson also traveled to New York to visit Offender #1.  In approximately March 2010, Nelson took Minor A and Minor B to New York City so they could meet Offender #1.  At the time of this trip, Nelson was, had been, and would continue to engage in regular sexual activity with both Minor A and Minor B.  Nelson knew that Minor A and Minor B were both under the age of 12 years old in 2010.

In approximately July 2010, Nelson took Minor A and Minor B from Vermont to New York City to see Offender #1 again.  While traveling to New York City, Nelson told Minor A that Offender #1 wanted to have sexual contact with Minor A.  While in New York City, Offender #1 engaged in sexual activity with Minor A, and Nelson engaged in sexual activity with Minor B. 

In approximately November 2010, Nelson took Minor A and Minor B from Vermont to New York City, New York to see Offender #1 again.  Prior to the trip, Nelson discussed with Minor A and Minor B that Offender #1 wanted to engage in sexual activity with both of them.  Nelson also intended to engage in sexual activity with Minor A and/or Minor B during this trip.  Nelson and Offender #1 both engaged in sexual activity with Minor A and Minor B while in New York City.
In sentencing Nelson, Judge Reiss rejected the government’s request that he receive a lifetime term of imprisonment, called for under the advisory federal sentencing guidelines, and sentenced him instead to 30-years imprisonment, the statutory mandatory minimum sentence.  At the sentencing hearing, Judge Reiss said that Nelson’s criminal conduct was the worst she had ever seen in her years as a state and federal judge.

United States Attorney Coffin said:  “Nelson’s conduct was horrific and among the worst ever prosecuted by this Office.  We are grateful for the tremendous investigative support provided to us by the Vermont State Police, the Department of Homeland Security, Homeland Security Investigations, the Federal Bureau of Investigation, and the Vermont Internet Crimes against Children Task.  The protection of children is a priority of this Office and we will prosecute offenders such as Nelson to the fullest extent of the law.”

HSI Special Agent in Charge Bruce Foucart said: “Child sexual exploitation crimes are appalling and made even more disturbing when they are carried out by individuals in positions of trust who have ready access to innocent children.  The aggressive investigation and ultimate prosecution of those engaged in this type of depraved activity remains among our highest priorities at HSI.” 

The prosecution of Nelson was handled by Assistant U.S. Attorney Barbara A. Masterson.  Nelson was represented by Assistant Federal Public Defender David L. McColgin. 

U.S. Attorney Coffin 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 Timothy Keevan, 49, of Swanton, Vermont, was sentenced on September 15, 2014, in United States District Court in Burlington, Vermont, to serve 48-months imprisonment and a 15-year period of supervised release following his conviction on one count of accessing child pornography with the intent to view it, in violation of 18 U.S.C. § 2252(a)(4)(B).  Chief Judge Christina Reiss also ordered Keevan to pay a $100 special assessment.

According to court records and proceedings, Keevan, an operations support technician with U.S. Citizen and Immigration Service who works in the shipping and receiving warehouse in St. Albans, Vermont, used a work-issued computer to access websites that displayed images of child pornography.  Keevan’s activities were discovered because his computer, like all government issued computers, was continually monitored for non-work related or other inappropriate activity.  The computer was confiscated and the images of child pornography were discovered on it. 

In 2011, Keevan was charged with sexual assault of a child after a child who had been a player on the Little League team Keevan was coaching in 1997 disclosed that Keevan had fondled him during a sleep-over at Keevan’s house.  Keevan ultimately pleaded guilty to a misdemeanor and was placed on probation.  He was on probation when he used his work computer to access with intent to view child pornography. 

United States Attorney Coffin commended the efforts of the Department of Homeland Security Office of Inspector General, under the direction of Special Agent in Charge Gregory K. Null for the Northeast Region, the Vermont State Police, the United States Secret Service, and the Office of Immigration and Customs Enforcement, in the prosecution of Keevan. 

The prosecution of Keevan was handled by Assistant U.S. Attorney Barbara A. Masterson.  Keevan was represented by Federal Defender Michael L. Desautels. 

U.S. Attorney Coffin 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 Michael Beaudoin, 29, of Essex Junction, Vermont, was sentenced on September 15, 2014, in United States District Court in Burlington, Vermont, to serve 121-months imprisonment and a 15-year period of supervised release following his conviction on one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).  Chief Judge Christina Reiss also ordered Beaudoin to pay a $100 special assessment.

According to court records and proceedings, law enforcement personnel conducting undercover operations on a file-sharing program discovered that a computer later identified as belonging to Beaudoin was offering to share image files depicting child pornography.  Law enforcement seized Beaudoin’s computer pursuant to a search warrant on August 13, 2013, and later discovered images and videos depicting child pornography on it.

In 2011, Beaudoin was convicted of sexual assault of a minor less than 16 years old.  He ultimately served 31 months of his sentence and was on state probation at the time the search warrant was executed.  He had been out of custody for approximately two months was law enforcement discovered that he was using the file-sharing program to share images of child pornography.

United States Attorney Coffin commended the efforts of the Vermont Attorney General, the Office of Immigration and Customs Enforcement, and the Vermont Internet Crimes Against Children Task in the prosecution of Beaudoin. 

The prosecution of Beaudoin was handled by Assistant U.S. Attorney Barbara A. Masterson.  Beaudoin was represented by Michael J. Straub.  

U.S. Attorney Coffin 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.