Lee’s Summit Man Sentenced for Arson, Insurance, Bank Fraud Conspiracies, Illegal Firearms

Source: United States Department of Justice News

KANSAS CITY, Mo. – A Lee’s Summit, Mo., man was sentenced in federal court today in two separate indictments for leading an arson and insurance fraud conspiracy and a separate bank fraud conspiracy, and for illegally possessing firearms.

Wandale J. Fulton, 41, was sentenced by U.S. District Judge Greg Kays to a total of 15 years and 10 months in federal prison without parole. The court also ordered Fulton to pay $380,985 in restitution to the victims of his fraud schemes.

On Jan. 27, 2022, Fulton pleaded guilty to one count of conspiracy to use fire in the commission of wire and mail fraud, one count of arson in the commission of a federal felony, and one count of conspiracy to commit bank fraud. Fulton also pleaded guilty to the charge contained in a separate federal indictment, one count of being a felon in possession of firearms.

Fulton led an arson and insurance fraud conspiracy from 2013 through 2019. Fulton and co-conspirators bought houses in Kansas City, Mo., insured them, had them burned or vandalized, and then filed insurance claims on the houses. In each arson, according to court documents, the fire was set in the middle of the night. First responders arrived to find these homes — in densely populated neighborhoods — engulfed in flames and burning out of control. Fulton’s scheme resulted in the total destruction of three houses by fire and the ruinous vandalism of his personal residence, all to support false claims on insurance policies.

Fulton’s scheme to burn or destroy homes for insurance proceeds resulted in an intended loss of approximately $740,000 and an actual loss of $336,756 paid by insurance companies. To perpetrate his scheme, Fulton required the assistance of accomplices and co-conspirators to participate as straw home buyers and renters, to create and submit false documents to the insurance companies, and to set fire to the homes. Four of his co-conspirators have been sentenced after pleading guilty to their role in the conspiracy.

Fulton also led another criminal conspiracy to receive fraudulent car loans from Heartland Community Credit Union. According to court documents, Heartland approved a series of loans totaling approximately $121,500 based on fraudulent loan applications and supporting documents submitted by conspirators from April to August 2018. In each instance, the applicant defaulted on the loan and Heartland was unable to contact or recover payment from the applicant. The loan applicants appeared to be unrelated, but each loan was for a car supposedly purchased from C.E. Sales, a company controlled by Fulton. In each of those instances, Heartland issued a check to the loan applicant and the checks were delivered directly to Fulton, who deposited them into his own bank account.

ATF agents executed a search warrant at Fulton’s residence on March 26, 2019. During the search, agents found a Taurus .40-caliber semi-automatic handgun in a shoebox in the bedroom closet and an Anderson Manufacturing AM-15 semi-automatic firearm in a backpack in a closet. Agents later found a Taurus 9mm pistol in a computer bag. Fulton, to avoid detection by law enforcement, utilized an accomplice to purchase at least two of the firearms recovered from his home.

Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Fulton has a prior felony conviction for manslaughter for his involvement in a fatal shooting.

These cases were prosecuted by Assistant U.S. Attorneys Brent Venneman and Nick Heberle. They were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Missouri State Highway Patrol, the Lee’s Summit, Mo., Police Department, the Kansas City, Mo., Police Department, the Kansas City, Mo., Fire Department, and the Overland Park, Kan., Police Department.

Long Island Man Convicted of Distributing Heroin that Caused Overdose Death

Source: United States Department of Justice News

A federal jury in Central Islip today returned a guilty verdict against James Tunstall for distributing heroin, which resulted in the fatal overdose of 24-year-old Sergio Niko Alvarez on October 29, 2018 in Jericho, New York.  The verdict followed a five-day trial before United States District Judge Joan M. Azrack.

Breon Peace, United States Attorney for the Eastern District of New York, and Frank A. Tarentino III, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), announced the verdict.

“Tunstall, an admitted drug dealer, is held responsible by today’s verdict for selling heroin that killed a young man on Long Island, an all-too-frequent occurrence in this district and our country due to the proliferation of illegal drugs and the callous disregard for life displayed by the defendant and others,” stated United States Attorney Peace.  “I commend the prosecutors from my Office, the Special Agents of the DEA, and the members of the Long Island Heroin Task Force for their outstanding working on this case.  We will continue our comprehensive efforts to fight against this terrible opioid epidemic.”  

U.S. Attorney Peace extended special thanks to the Nassau County Police Department for its partnership throughout the investigation and prosecution.

“This conviction is a sobering reminder of the devastation and senseless loss of life inflicted by drug traffickers,” stated DEA Special Agent-in-Charge Tarentino.  “DEA and our task forces are committed to bringing to justice those responsible for fueling drug overdose and poisonings and defeating the drug cartel’s lethal criminal empires.”

As proven at trial, Tunstall was a drug dealer who regularly sold cocaine and heroin to customers in Nassau County.  The defendant met the victim at an outpatient rehabilitation facility in Mineola, and even sold him cocaine in the bathroom of the facility.  Tunstall’s co-defendant, Jay Tenem, a drug addict who also met the defendant in a rehabilitation program, delivered the fatal dose of heroin from Tunstall to the victim on October 28, 2018, in exchange for heroin of his own to use.  Tenem collected the victim’s payment for the heroin, and brought the cash back to Tunstall.  The victim was found dead of heroin intoxication the next morning in his bedroom, by his mother.  The evidence included text messages between the defendant and the victim, and between Tenem and the victim.  In those messages, the defendant negotiated prices for the drugs with the victim, and told him “I don’t do this for fun.”  

Tenem pleaded guilty in February 2019 to distributing the heroin that caused Alvarez’s death and is awaiting sentencing. 

Tunstall pleaded guilty in July 2021 to conspiracy to distribute heroin and cocaine, and was sentenced by the Court in December 2022 to 20 years’ imprisonment.  When sentenced in this case, for causing Alvarez’s death, Tunstall faces up to life in prison.

The government’s case is being handled by the Office’s Long Island Criminal Division.  Assistant United States Attorneys Justina Geraci and Samantha Alessi are in charge of the prosecution, with assistance from Paralegal Specialist Michael Compitello.

The Defendant:

JAMES T. TUNSTALL (also known as “Math”)
Age:  48
Freeport and Westbury, New York

E.D.N.Y. Docket No. 18-CR-675 (JMA)

New Castle Felon Sentenced to 10 Years for Illegally Possessing Fentanyl, Firearm and Ammunition

Source: United States Department of Justice News

PITTSBURGH, PA — A resident of Lawrence County, Pennsylvania, has been sentenced in federal court to 10 years’ imprisonment and six years of supervised release on his conviction of violating federal narcotics and firearm laws, United States Attorney Cindy K. Chung announced today.

United States District Judge Joy Flowers Conti imposed the sentence on Michael Schmidt, age 26, formerly of New Castle, Pennsylvania 16101.

According to information presented to the court, On Oct. 12, 2017, Schmidt possessed with intent to distribute 40 grams or more of fentanyl and possessed a Taurus, Model PT738, .380 caliber pistol and ammunition as a convicted felon. It is prohibited under federal law to possess a firearm and ammunition as a convicted felon. The fentanyl and firearm were found when law enforcement executed a search warrant at the defendant’s residence.

Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.

This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

United States Attorney Chung commended the Drug Enforcement Administration, the New Castle Police Department, the Lawrence County District Attorney’s Office, and the Pennsylvania Attorney General’s Office for the investigation leading to the successful prosecution of Schmidt.

Texas Man Pleads Guilty in Case Involving Plane Crash that Injured Undocumented Noncitizens

Source: United States Department of Justice News

ALPINE, Texas – A Seminole, Texas man pleaded guilty Thursday to transporting undocumented noncitizens causing serious bodily injury.

According to court documents, Tobias Penner Peters, 46, piloted an aircraft carrying five undocumented noncitizens on Dec. 30, 2021 and crashed shortly after taking off from the Presidio Airport.  U.S. Border Patrol agents responded to the crash, finding the five injured undocumented individuals.  Peters had already fled the crash site on his way to Mexico.  He turned himself in at the Presidio Port of Entry three months later.  One of the undocumented individuals injured in the crash suffered a back injury, was life-flighted to an El Paso hospital and remains in a wheelchair today.

Peters pleaded guilty to one count of transportation of illegal aliens causing serious bodily injury. He is scheduled to be sentenced on April 25, 2023 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Jaime Esparza of the Western District of Texas and Special Agent in Charge Francisco B. Burrola of the Homeland Security Investigations El Paso Division made the announcement.

HSI, the U.S. Border Patrol and the Presidio County Sheriff’s Department are investigating the case.

Assistant U.S. Attorney Amy Greenbaum is prosecuting the case.

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CEO Of Security Company Sentenced To Five Years In Prison For International Boiler Room Fraud Scheme

Source: United States Department of Justice News

Damian Williams, the United States Attorney for the Southern District of New York, announced that ROGER RALSTON, the CEO of DirectView Holdings, Inc. (“DirectView”), a Florida-based video surveillance and security company, was sentenced to five years in prison for defrauding elderly victims in connection with an international telemarketing scheme that caused losses of nearly $16 million.  RALSTON previously pled guilty before U.S. District Judge Jed S. Rakoff, who imposed the sentence.  Co-defendants Christopher Wright and Steven Hooper previously pled guilty and were sentenced to 52 months in prison and 42 months in prison, respectively, for their roles in the fraud.

According to the allegations in the Indictment, court filings, and statements made in Court:

Between approximately 2009 and 2015, RALSTON and other co-conspirators engaged in a scheme to defraud victims in the United Kingdom of nearly $16 million through the sale of false, fraudulent, and materially misleading investments, and to launder the proceeds of the fraud through bank accounts in multiple foreign jurisdictions.  RALSTON and his co-conspirators used the services of telemarketing call centers to identify and cold-call potential victims, who were primarily elderly or retired individuals residing in the United Kingdom.  Over a series of telephone calls, the telemarketers persuaded victims to invest money under various false and misleading pretenses, including the promise of short-term, high-yield, no-risk returns, when in fact the investments were high-risk, illiquid, and in some instances, entirely fictitious.  Many victims were persuaded to make additional investments under the false pretense that they would be permitted to sell their holdings if (and only if) they purchased more.  In reliance on the false representations and promises, the victims wired funds to various bank accounts in the United States, including in the Southern District of New York, in the names of corporate entities controlled by RALSTON.  RALSTON then mailed and emailed documents related to the fraudulent investments, including purchase contracts and investment certificates, to the victims.  Victims who tried to sell their investments found that they were unable to do so.  The victims never received a refund on their principal or any return on their investments.  

In order to conceal the nature, location, source, ownership, and control of the proceeds of the fraudulent scheme, RALSTON regularly transferred a substantial portion of the fraud proceeds from bank accounts in the United States, including in the Southern District of New York, to overseas bank accounts, including accounts in Cyprus, Switzerland, and the United Kingdom, in the names of various shell companies controlled by RALSTON’s co-conspirators.

The nature of the particular fraudulent investment vehicles being marketed to the victims changed over time.  From in or about 2009 until in or about 2011, RALSTON and his co-conspirators sold DirectView stock to the victims based on telemarketers’ false representations and promises that the shares were a no-risk, short-term investment in a debt-free company and that the shares were likely to increase over 100% in value in a short period of time.  In contrast to what RALSTON represented to victims, DirectView’s annual report filed with the United States Securities and Exchange Commission for the year ending December 31, 2010, contained dire warnings about the poor fiscal health of DirectView and the risk attendant in purchasing stock, including that the company “may be forced to cease operations” due to losses and cash flow problems, and purchasers “may find it extremely difficult or impossible to resell our shares.”

From in or about 2011 until in or about 2015, RALSTON and his co-conspirators engaged in the sale of fraudulent carbon credits and offsets.  The boiler room callers appealed to victims by claiming that the investments would be environmentally friendly and help address the climate crisis.  The victims were falsely promised that the carbon-related investments they purchased could be easily sold, carried no risk, and would yield a significant, short-term return.  In fact, the carbon credits and offsets that were sold to the victims were fake and did not represent any actual carbon credits or offsets.  RALSTON caused fraudulent carbon certificates to be created and sent to the victims.

*                *                *

In addition to the prison term, RALSTON, 54, of Riviera Beach, Florida, was sentenced to three years of supervised released and ordered to pay restitution in the amount of $15,714,859 and forfeiture in the amount of $15,713,621.20.

Mr. Williams praised the outstanding investigative work of Internal Revenue Service-Criminal Investigation in this case.

This case is being prosecuted by the Office’s Money Laundering and Transnational Criminal Enterprises and Complex Frauds and Cybercrime Units.  Assistant U.S. Attorneys Jessica Feinstein, Olga I. Zverovich, and David Felton are in charge of the prosecution.