Month: November 2022

Source: United States Department of Justice News

RAPID CITY – United States Attorney Alison J. Ramsdell announced today that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on November 18, 2022, by U.S. District Judge Jeffrey L. Viken.

James McKinstry, age 75, was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay $8,000 in restitution, a $100 special assessment to the Federal Crime Victims Fund, and a $5,000 special assessment to the Victims of Trafficking Fund. McKinstry will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.

McKinstry was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in February of 2021. He pleaded guilty on July 25, 2022.

McKinstry was arrested and federally indicted following three Cybertips from the National Center of Missing and Exploited Children. A forensic examination of McKinstry’s devices found hundreds of images and videos of child pornography, including children as young as infants.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc

This case was investigated by Homeland Security Investigations, the South Dakota Division of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.

McKinstry was immediately remanded to the custody of the U.S. Marshals Service.

Source: United States Department of Justice News

PIERRE – United States Attorney Alison J. Ramsdell announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.

Justice Long, age 29, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Mark Moreno on November 18, 2022, and pleaded not guilty to the Indictment.

The maximum penalty upon conviction is 25 years in custody and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.

According to the Indictment, in July of 2022, Long broke into a home in Lower Brule and assaulted a person inside with a metal bar.

The charges are merely an accusation and Long is presumed innocent until and unless proven guilty. 

The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case. 

Long was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 17, 2023.

Source: United States Department of Justice News

ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that a federal court has revoked the conditions of pre-trial release for Jason Smeltzer, 40, of Albuquerque.

Smeltzer originally was arrested for and charged with five bank robberies. From Jan. 20 to Feb. 23, Smeltzer allegedly robbed four Albuquerque banks, one of which was robbed twice. On Jan. 21, the FBI received a tip through the National Threat Operation Center identifying Smeltzer as a possible suspect. Smeltzer was taken into custody on Feb. 23. A federal grand jury indicted Smeltzer on April 12.

Smeltzer was conditionally released to La Pasada Halfway House pending trial. Among the conditions of his release was his submission to location monitoring by a GPS device. However, on May 6, Smeltzer removed his GPS device and absconded from La Pasada. He was arrested on Nov. 18.

A defendant is presumed innocent unless and until proven guilty. If convicted, Smeltzer faces up to 20 years in prison.

The FBI Albuquerque Violent Crimes and Gangs Task Force investigated this case. Assistant United States Attorneys Matthew Nelson and Niki Tapia-Brito are prosecuting the case.

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Source: United States Department of Justice News

SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tomi Moscat-Lara, age 44, a native and citizen of the Dominican Republic, was sentenced by United States District Court Judge Malachy E. Mannion to 18 months’ imprisonment, for illegally reentering the United States after being previously removed following conviction for a felony offense.

According to United States Attorney Gerard M. Karam, in April of 2013, while residing in this country without legal status, Moscat-Lara was convicted of a cocaine trafficking offense.  After serving a 12-to-24-month county prison sentence for that offense, Moscat-Lara was deported.  Sometime thereafter, Moscat-Lara unlawfully reentered the United States, and on January 14, 2021, he was arrested in Luzerne County and charged with cocaine and fentanyl trafficking.  Following a guilty plea in the Luzerne County Court of Common Pleas to those charges, he was sentenced to a three-to-six-year imprisonment term.

Lara was charged with the illegal reentry offense in federal court.  He pleaded guilty to that offense.  Following the conclusion of his 18-month federal sentence imposed by Judge Mannion, Muscat-Lara will face deportation. 

This case was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO).  Assistant United States Attorney Jeffery St John prosecuted the case.

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Source: United States Department of Justice News

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that WILLIAM McCULLOUGH, 62, of Westerly, Rhode Island, waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Victor A. Bolden in Bridgeport to one count of wire fraud stemming from an embezzlement scheme.

According to court documents and statements made in court today, prior to his resignation from the Connecticut bar in March 2019, McCullough operated a law practice in Stamford for several years.  As part of his practice, McCullough worked on real estate transactions for clients.  In that capacity, McCullough received funds from clients and knew he was required to deposit those funds in an Interest on Lawyers’ Trust Account (“IOLTA Account”) and use them in accordance with his duties to each client.  In March 2018, the Connecticut Statewide Grievance Committee audited McCullough’s IOLTA Account and found that he had failed to maintain required documents for several years.  The audit revealed that more than $1.27 million was due to clients, but the IOLTA Account held less than $600,000.  A subsequent criminal investigation revealed that McCullough defrauded clients by using funds in his IOLTA Account to cover funds owed to others, and for his own use.  McCullough made false representations to clients, including providing a false and inaccurate closing statement to at least one individual, to prevent the scheme from being uncovered.

McCullough’s clients lost approximately $720,851.05 through this scheme.

As sentencing, which is not yet scheduled, McCullough faces a maximum term of imprisonment of 20 years.  He is released pending sentencing.

This matter is being investigated by the U.S. Secret Service and the Wallingford Police Department, and is being prosecuted by Assistant U.S. Attorney Jennifer R. Laraia.