Month: June 2022

Source: United States Department of Justice News

The former Chief Financial Officer of EarthWater Limited (EarthWater), a Dallas-based company, pleaded guilty on June 7 to 22 charges for a multimillion-dollar, high-yield investment fraud scheme that targeted elderly victims. In addition, another individual who sold EarthWater securities pleaded guilty today to one charge related to the investment fraud scheme.

According to court documents, Harley E. “Buddy” Barnes III, 63, of Plano, Texas, pleaded guilty to conspiracy, fraud, and money laundering charges. Barnes, who was EarthWater’s CFO, conspired to and obtained investor funds through a scheme to defraud. Relatedly, Joe Edward Duchinsky, 67, of Alhambra, California, who sold EarthWater securities, pleaded guilty to conspiracy to commit mail and wire fraud.

According to court documents, beginning in or about 2013 and continuing through or about May 2019, Barnes, as CFO of EarthWater, and Duchinsky, as a salesperson of EarthWater stock, participated in a fraudulent scheme to convince individuals in the United States, the United Kingdom, and Canada to invest in EarthWater under the false pretense that their investment would increase substantially in value in the immediate future. In connection with the scheme, Barnes, Duchinsky, and their co-conspirators made materially false and fraudulent misrepresentations to investors that the majority of investor funds would be used to support EarthWater’s operations. In fact, the funds were used to pay undisclosed, excessive commissions to Duchinsky and others for selling EarthWater stock on Barnes’s behalf. Barnes, Duchinsky, and their co-conspirators knew that the proceeds of EarthWater stock sales were not invested in EarthWater as described to victim investors, but rather paid out to Barnes, Duchinsky, and their co-conspirators and others for their personal benefit. Barnes also engaged in money laundering involving investor funds obtained as part of the scheme.

In addition, according to court documents, Beth Ellen DeGroot, 62, of Plano, Texas, EarthWater’s former President, pleaded guilty in a separate action on May 17 to conspiring with Barnes. After the company’s bank accounts were frozen, DeGroot conspired with Barnes to fraudulently direct EarthWater’s payroll processor to continue to pay Barnes and DeGroot’s paychecks even though the company’s operations had ceased, and it had insufficient funds to cover payroll. DeGroot also submitted a fraudulent mortgage loan application using pay stubs fraudulently obtained from the payroll processor. When DeGroot learned about the government’s ongoing investigation, she attempted to obstruct the investigation by falsifying a document she produced to a federal grand jury and by making a false statement to a federal agent.

Barnes pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud, 10 counts of mail fraud, 10 counts of wire fraud, and one count of money laundering. He is scheduled to be sentenced on Sept. 28. Duchinsky pleaded guilty to one count of conspiracy to commit mail and wire fraud. He is scheduled to be sentenced at a later time. DeGroot pleaded guilty to one count of conspiracy to commit wire fraud and is scheduled to be sentenced on Sept. 14. Barnes faces up to 10 years in prison for the money laundering count and up to 20 years in prison for each of the other counts. Duchinsky and DeGroot each face up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Five other defendants have also pleaded guilty in the Northern District of Texas for their roles in the EarthWater high-yield investment fraud scheme, including EarthWater’s CEO, Cengiz Jan Comu, 61, of Dallas, Texas; EarthWater’s Chief Operating Officer, John Mervyn Price, 66, of Dallas, Texas; Donald Andrew Rothman, 74, of Coral Springs, Florida; Richard Laurence Kadish, 61, of Miami, Florida; and Richard Lawrence Green, 71, of Deerfield Beach, Florida. These five defendants are scheduled to be sentenced on Sept. 7.

Three other defendants are awaiting trial on charges set forth in a superseding indictment filed on Nov. 6, 2019, in the Northern District of Texas. The trial is scheduled to begin on Oct. 3. An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Chad E. Meacham for the Northern District of Texas; and Inspector in Charge Eric Shen of the U.S. Postal Inspection Service’s (USPIS) Criminal Investigations Group made the announcement.

USPIS is investigating the case.

Trial Attorneys Christopher Fenton and Theodore Kneller of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mary F. Walters of the Northern District of Texas are prosecuting the case.

Source: United States Department of Justice News

Assistant U. S. Attorney Owen Roth (619) 546-7710 and Assistant U.S. Attorney Shauna R. Prewitt (619) 546-7937

NEWS RELEASE SUMMARY – June 14, 2022

SAN DIEGO – A two-year investigation has led to the indictment of 26 defendants for international drug smuggling, drug trafficking, and related conspiracy offenses. One of the defendants, Raul Barajas-Padilla, appeared in federal court yesterday for an initial appearance on the indictment.

So far, 17 defendants have been arrested. Efforts remain ongoing to apprehend the remaining defendants.

According to publicly filed documents, the Drug Enforcement Administration led the investigation into a drug-trafficking conspiracy extending from Sinaloa, Mexico into the United States.

Agents identified Mexico-based traffickers who coordinated shipments of counterfeit pharmaceutical pills laced with fentanyl, powder fentanyl, heroin, methamphetamine and cocaine into the United States. These efforts yielded seizures of more than 478,000 counterfeit pharmaceutical pills laced with fentanyl, as well as about 51 kilograms of methamphetamine, 10 kilograms of cocaine, 4 kilograms of powder fentanyl, and 4 kilograms of heroin. Agents also seized about $230,000 in assets.

According to the indictment, DEA agents also identified the distributors in the U.S.; the couriers who were responsible for transporting drugs; the people who managed stash houses; the people who smuggled the illicit proceeds back to Mexico; and other dealers.

“This long-term investigation has resulted in the seizure of nearly half a million fentanyl-laced counterfeit pills plus additional quantities of fentanyl in powder form,” said U.S. Attorney Randy Grossman. “As fentanyl continues to fuel the ongoing opioid epidemic and claim ever more lives, we will use every available resource to find, apprehend, and hold accountable those who seek to profit from it, no matter where they are.” Grossman thanked the prosecution team as well as the DEA, HSI agents, the San Diego County Sheriff’s Department and supporting local, state, and federal partners who conducted this investigation for their excellent work on this case.

“Drug cartels, such as the Sinaloa cartel, are driving addiction and overdose deaths in the United States,” said DEA Special Agent in Charge Shelly S. Howe. “This extensive investigation demonstrates DEA’s resolve to hold drug dealers accountable for their destruction and to prevent massive amounts of fentanyl pills and other addictive drugs from being sold to our citizens.” 

“The criminal investigation that led to this indictment is a great example of successful collaboration between multiple law enforcement agencies determined to prevent illegal narcotics from entering our communities,” said HSI San Diego Special Agent in Charge Chad Plantz. “HSI will continue working with our federal, state, and local law enforcement partners to bring to justice those who smuggle dangerous narcotics across our borders.”

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

The U.S. Attorney’s office is actively partnering with San Diego County District Attorney Summer Stephan and the San Diego Prescription Drug Abuse Task Force (PDATF) to provide the community information and resources regarding fentanyl and naloxone. Resources include a recent recorded Town Hall titled Talk to Your Kids About Fentanyl, featuring 10 Ways to Protect our Kids from Fentanyl, https://www.youtube.com/watch?v=el09UaBc47U; a Community & Parent Fentanyl Toolkit, available at https://www.sdpdatf.org/community-resources; and information on how to obtain and learn to use lifesaving Naloxone, https://www.sdpdatf.org/naloxone.

DEFENDANTS                                     Case Number 22-CR-863                                              

Jose Refugio Vasquez, Jr.                   Age: 31                                   San Ysidro

Jaime Gutierrez                                  Age: 48                                   El Cajon and Tijuana, MX

Jose Baudelio Garcia                          Age: 45                                   San Diego

Raul Osbaldo Perez                            Age: 28                                   San Ysidro and Tijuana, MX

Marvin Toms                                      Age: 61                                   San Bernardino, CA

Andrew Acuna                                    Age: 31                                   Chula Vista      

Mario Hernandez                                Age:45                                    Chula Vista and Fresno, CA

Michael Perez-Lopez                          Age: 26                                   San Ysidro and Tijuana, MX

Jorge Paredes                                      Age: 26                                   San Diego and Tijuana                                  

Edgar Lopez, Jr.                                  Age: 25                                   Tijuana, MX

Angel Gutierrez                                  Age: 21                                   Lynwood, CA

Raul Barajas-Padilla                           Age: 21                                   San Diego

Oscar Daniel Munoz Gonzalez          Age: 30                                   San Ysidro

Gabriel Jimenez-Aispuro                   Age: 31                                   San Diego

Edgar Cornejo                                     Age: 26                                   San Diego

Andres Martinez                                 Age: 25                                   San Ysidro

Oswaldo Marceleno-Cortez               Age: 40                                   San Diego

SUMMARY OF CHARGES

Controlled Substances Trafficking Conspiracy – Title 21, U.S.C., Section 846

Maximum penalty: Life in prison, mandatory minimum 10 years; $10 million fine

Possession of Controlled Substances with Intent to Distribute – Title 21, U.S.C., Section 841

Maximum penalty: Life in prison, mandatory minimum 10 years; and $10 million fine

AGENCY

Drug Enforcement Administration

Homeland Security Investigations

San Diego Sheriff’s Department

*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty. 

 

Source: United States Department of Justice News

A Florida man pleaded guilty today to criminal contempt for continuing to prepare and file tax returns with the IRS in violation of a federal court order barring him from doing so.

According to court documents, Guy Telfort, of Fort Lauderdale, previously owned and operated Tax Houses and Accounting Services, a Lauderdale Lakes tax preparation business. From approximately January 2015 through April 2019, Telfort and other employees of Tax Houses and Accounting Services prepared and filed tax returns for clients. To generate inflated IRS refunds for clients, some of these tax returns reported false items, including fictitious business income and losses and mileage deductions. On April 24, 2019, the U.S. District Court for the Southern District of Florida entered an injunction against Telfort in a civil proceeding, permanently barring Telfort from preparing federal tax returns for others.

Despite this court-ordered injunction, in 2020 and 2021, Telfort continued to prepare and file tax returns out of an Oakland Park pawn shop. He charged clients as much as $1,000 for each return filed with the IRS. Some of the tax returns reported false medical and dental expenses and charitable contributions, as well as fictitious businesses. To disguise his role in preparing these returns, Telfort used Preparer Tax Identification Numbers belonging to other tax preparers. Over the two-year period, Telfort helped prepare nearly 1,200 tax returns for clients in willful violation of the permanent injunction.

Telfort is scheduled to be sentenced on Aug. 16 and potentially faces a period of incarceration, term of supervised release, and monetary fine. A district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida made the announcement.

Trial Attorneys Ashley Stein and Casey Smith of the Tax Division are prosecuting the case.

Source: United States Department of Justice News

      LITTLE ROCK—Two defendants were sentenced today for their involvement in activities carried out on behalf of a white supremacist gang. Carey Mooney, 46, of Dover, was sentenced to 223 months in federal prison for her role in kidnapping and assault with a dangerous weapon in aid of racketeering. Michael J. Roberts, 39, of Hattieville, was sentenced to 118 months imprisonment for his involvement in a methamphetamine conspiracy.

      Mooney pleaded guilty in April 2021 to Kidnapping in Aid of Racketeering and Assault with a Dangerous Weapon in Aid of Racketeering. Roberts pleaded guilty in January 2020 to Conspiracy to Distribute and Possess with Intent to Distribute Methamphetamine. In addition to their terms of imprisonment, United States District Judge Brian S. Miller also sentenced Mooney to three years of supervised release and Roberts to five years of supervised release following their terms of imprisonment. 

      The investigation began in 2016, when local and federal agencies initiated a joint investigation to identify, infiltrate, and dismantle drug trafficking organizations in Russellville. Agents identified multiple individuals who were trafficking methamphetamine in the Pope County area. The investigation revealed that Mooney was an associate of the New Aryan Empire (NAE), a white supremacist organization that began as a prison gang and functioned as a drug trafficking organization.

      In May 2017, Mooney and other NAE members and associates kidnapped one individual that they suspected of cooperating with law enforcement, which violated the rules of NAE. The victim was held against his/her will and subsequently beaten and stabbed in the leg with a knife by Mooney, and threatened with his/her life for violating NAE protocol.

      Roberts, who was not involved in the kidnappings, distributed methamphetamine for NAE leadership. In November 2016, authorities intercepted a package Roberts sent to California containing over $40,000 in cash. Roberts sent another package in January 2017 that contained $24,000 in cash. The investigation revealed that Roberts received five-pound shipments of methamphetamine every week for three months and later increased to ten-pound shipments of methamphetamine every week for one month, and the cash was payment for some of those shipments. In total, Roberts facilitated the distribution of approximately 100 pounds of methamphetamine.   

      Mooney and Roberts were charged on September 3, 2019, in a federal indictment that charged more than 50 people from the Pope County area with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), Violent Crimes in Aid of Racketeering (VICAR), and numerous gun and drug violations. The case is named “To The Dirt,” a reference to the NAE slogan referring to the rule that members must remain in the NAE until they die. The charges allege acts involving attempted murder, kidnapping, maiming, and conspiracy to distribute methamphetamine. Of the 55 total defendants charged in “Operation ‘To The Dirt,’” 53 defendants have pleaded guilty, 1 defendant was found guilty at trial, and 27 of those defendants have already been sentenced to prison terms: Jared Dale, 84 months; Britanny Conner, 120 months; Keith Savage, 120 months; Joseph Pridmore, 150 months; Daniel Adame, 262 months; Justin Howell, 155 months; James George, 70 months; Amos Adame, 121 months; and Skippy Don Sanders, 262 months; Andrew Syverson 151 months; Amanda Rapp 262 months; Jayme Short 90 months; Cory S. Donnelly 188 months; Wesley Pierson 120 months; Ralph Ross 36 months; Jeffrey L. Knox 180 months; Robert Chandler 65 months; Timothy Ferguson 180 months; Paula S. Enos 180 months; Heath Kizer 96 months; Christopher S. Helms 102 months; David D. Singleton 131 months; Kathrine R. Ross 60 months BOP; Kevin M. Long 369 months; James Scott Oliver 327 months; and Wesley S. Gullett 420 months,. The remaining defendant, Troy L. Loadholt, remains a fugitive.

       The investigation was conducted by ATF, DEA, the United States Postal Inspection Service, the Pope County Sheriff’s Office, Fifth Judicial Drug Task Force, and the Russellville Police Department, with assistance from the FBI.

# # #

This news release, as well as additional information about the office of the

United States Attorney for the Eastern District of Arkansas, is available online at

https://www.justice.gov/edar

Twitter:

@EDARNEWS

Source: United States Department of Justice News

A former police officer with the Memphis Police Department was charged in an indictment unsealed today in the Western District of Tennessee for sexually assaulting a woman while he was on duty.

According to the indictment, Bridges Randle, 47, who has also used the names Ajamu Abiola Banjoko and Oluwafemi Abiola Banjoko, sexually assaulted the woman after he was dispatched to a vandalism call at the woman’s residence on June 24, 2000.

Randle is charged with committing a civil rights offense that included aggravated sexual abuse. If convicted, Randle faces a maximum sentence of life in prison. 

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Joseph C. Murphy Jr. for the Western District of Tennessee and Special Agent in Charge Douglas Korneski for the FBI Memphis Field Office made the announcement.

This case is being investigated by the FBI’s Memphis Field Office. Assistant U.S. Attorney David Pritchard for the Western District of Tennessee and Trial Attorneys Maura White and Andrew Manns of the Criminal Section of the Civil Rights Division are prosecuting the case.

An indictment is merely an allegation, and the defendant is presumed innocent unless proven guilty.