Monday, May 5, 2014

California Fugitive Captured in Cleveland

A murder suspect on the run from police in Fresno, California is behind bars today. The Cleveland Violent Crime Task Force found fugitive Craig Foster hiding in a Cleveland apartment. Foster, a 44-year-old violent gang member from California, was wanted for the shooting death of a young California mother and the attempted murder of her husband.
Foster is accused of shooting 28-year-old Janee Tatum in the head and shooting her husband, Herman Tatum, twice. Herman Tatum survived, but Janee Tatum died a few days later. The victims were gunned down in a Fresno bar in March. Fresno police stated Foster tried to “pick up” Janee Tatum, which led to an argument between Herman Tatum and Foster. The Tatums have no gang ties.
A joint investigation between the Fresno Police, Sacramento FBI, and Las Vegas FBI tracked Foster to Cleveland. Foster was arrested on warrants for murder, attempted murder and unlawful flight to avoid prosecution. Foster is being held in the Cuyahoga County Jail and is expected to have an extradition hearing on Monday.
The Cleveland Violent Crime Task Force is composed of law enforcement officers from the FBI, Cleveland Police Department, Cuyahoga County Sheriff’s Office, and the Cuyahoga Metropolitan Housing Authority.

Former Columbus Police Detective Sentenced to 57 Months in Prison for Drug Crime

COLUMBUS—Former Columbus Police Detective Stevie Billups, 48, of Columbus, was sentenced to serve 57 months in prison for crimes he committed through his involvement with a local drug dealer.
Carter M. Stewart, United States Attorney for the Southern District of Ohio; Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation, Cincinnati Field Office (FBI); Karen Huey, Director of Enforcement for the Ohio Casino Control Commission; and Columbus Police Chief Kim Jacobs announced the sentence imposed today by Senior U.S. District Judge James L. Graham.
Judge Graham also fined Billups $10,000 and ordered him to serve three years of supervised release after he completes his prison sentence.
Billups pleaded guilty on November 22, 2013, to one count of attempted possession with intent to distribute heroin. According to a document the government filed with the court prior to today’s sentencing, in 2013 Billups provided armed protection for two transactions involving drugs while he was a Columbus Police officer.
Billups began his relationship with a drug dealer when Billups began laundering money for the drug dealer by cashing in chips which helped the drug dealer avoid transaction reporting requirements at the Hollywood Casino in Columbus.
According to court documents, Billups asked the drug dealer to “get him in the game.” Billups’ query led to the June 28th and July 17th drug stings by the FBI, whereby Billups protected the drug dealer in the pickup of purported drug money. He later provided protection for the drug dealer during a transaction which Billups believed involved the distribution of heroin. Billups provided protection during the second transaction while he was on duty, armed with his service weapon, and in a Columbus Division of Police unmarked detective vehicle. Billups received a total of $5,000 in exchange for providing protection to the drug dealer during these transactions.
“Public confidence in our police to ‘do the right thing’ is undermined with each case of police corruption,” Assistant U.S. Attorney Doug Squires told the court. “It is a police officer’s duty to uphold the law and protect the public....Billups’ intent to aid and further the problems that heroin has brought to our communities for his own profit indicates the serious nature of this offense.”
“Using a police officer’s badge and gun to commit crime is a particularly disturbing threat to the community,” stated SAC Kevin Cornelius. “This case highlights the fact that local, state, and federal agencies are working together to root out corruption and bring to justice those who betray the public’s trust.”
“Ohio Casino Control Commission and its gaming agents are committed to working with our federal and local law enforcement partners to investigate criminal activity occurring at the casinos,” said Karen Huey. “The Commission will not tolerate money laundering or drug dealing at any of Ohio’s casinos.”
U.S. Attorney Stewart praised the cooperative investigation by the Ohio Casino Control Commission and the FBI’s Central Ohio Public Corruption Task Force, which includes agents from the FBI and the Ohio Bureau of Criminal Investigation (BCI).
Mr. Stewart commended the Columbus Division of Police and Police Chief Kim Jacobs for the cooperation they provided during the course of this investigation and thanked the Homeland Security Investigations Bulk Cash Smuggling Task Force for helping initiate this investigation. The Bulk Cash Smuggling Task Force includes agents with Homeland Security Investigations and detectives with the Columbus Police Department, Franklin County Sheriff’s Office and the Ohio State Highway Patrol. Stewart also acknowledged Assistant United States Attorneys Doug Squires and David DeVillers, who prosecuted the case.

Buffalo Man Pleads Guilty to Bank Robbery

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Michael Tynes, 54, of Buffalo, New York, pleaded guilty to bank robbery before U.S. District Judge Richard J. Arcara. The charge carries a maximum sentence of 20 years in prison, a 250,000 fine or both.
According to Assistant U.S. Attorney Mary Catherine Baumgarten, who is handling the case, Tynes robbed two M&T Banks:
  • On August 7, 2013, the defendant entered M&T Bank, located at 133 Jefferson Avenue, Buffalo, and passed the teller a demand note stating: “This is a stick up. Give me 30. $100.00 bills. And 40. $50.00 bills. No dye packs. I have a crew outside. If I am not out of here in 4 min, they will come in. Do not sound alarm.” The teller gave Tynes an amount of money.
  • On September 11, 2013, the defendant entered M&T Bank, located at 1300 Jefferson Avenue in Buffalo and passed the teller a demand note stating: “Fast. This is a stick up. No dye packs. I have a crew outside. Don’t sound alarm. 30. $100.00 dollar bills 40. $50.00 dollar bills. FAST!” The teller gave Tynes an amount of money.
The plea is the culmination of an investigation by the Federal Bureau of Investigation’s Safe Streets Task Force and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Sentencing is scheduled for August 15, 2014 at 12:30 p.m.

Buffalo Man Pleads Guilty to Clean Air Act Violation Related to the Kensington Towers Project

BUFFALO, NY—U.S. Attorney William J. Hochul announced today that Rai Johnson, 35, of Buffalo, New York, pleaded guilty before U.S. District Court Judge Richard J. Arcara to violating the Clean Air Act asbestos work practice standards. The charge carries a maximum penalty of five years in prison, a fine of $250,000, or both.
“Today’s conviction means that all defendants who worked directly on the Kensington Towers asbestos removal project—and who intentionally violated federal environmental laws while doing so—have now been brought to justice,” said U.S. Attorney Hochul. “This office will not permit any company or person—including public officials—to jeopardize the health and well being of the community through their violation of federal law.”
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant was a supervisor at Johnson Contracting of WNY, Inc., an asbestos abatement company that was hired to conduct asbestos abatement activities at six buildings at the Kensington Towers Apartment Complex, located at 1827 Fillmore Avenue in Buffalo. In a pre-abatement asbestos survey, each building at Kensington Towers was found to contain 63,000 square feet of regulated asbestos-containing material. The asbestos abatement project lasted from June 2009 to January 2010
During the asbestos abatement of building A-1, Johnson and employees working under his direction violated the Clean Air Act asbestos work practice standards by: (i) failing to adequately wet regulated asbestos during stripping and removal operations; (ii) failing to ensure that regulated asbestos remained wetted until placed in leak-tight containers; and (iii) causing regulated asbestos to be dropped down holes cut through the floors in Building A-1.
Rai Johnson is the sixth defendant to plead guilty as part of the Kensington Towers asbestos abatement project. Ernest Johnson and JMD project monitors Evan Harnden, Chris Coseglia, Henry Hawkins, and Brian Scott have also been convicted. Charges are still pending against current and former public officials responsible for certifying the project’s compliance with applicable laws and regulations, including Donald Grzebielucha, William Manuszewski, and Theodore Lehmann. The remaining defendants are expected to go on trial May 13, 2014. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the culmination of an investigation on the part of special agents of the U.S. Environmental Protection Agency-Criminal Investigation Division, under the direction of Acting Special Agent in Charge, Vernesa Jones-Allen; special agents of the Federal Bureau of Investigation; special agents of the U.S. Department of Housing and Urban Development-Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain David Bennett. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.
Sentencing is scheduled for August 18, 2014, 2014 at 1:00 p.m. before Judge Arcara.

Jamaican Man Sentenced for Role in Greece Triple Murder and for Assaulting Federal Jail Guards

ROCHESTER, NY—U.S. Attorney William J. Hochul, Jr. announced today that Andrew Wright, 44, a citizen of Jamaica, was sentenced to four consecutive life terms, plus five years, by U.S. District Judge Charles J. Siragusa for participating in a large, multi-state marijuana distribution conspiracy and murdering three men in furtherance of that conspiracy in the Town of Greece in March, 2010.
“Today’s sentencing brings to a successful conclusion a very violent and tragic episode in our community,” said U.S. Attorney Hochul. “These defendants will never again inflict further violence on the residents of Western New York. This case is also a great example of the cooperative efforts of our office working closely with our law enforcement partners at all levels. We will continue to pursue members of other violent criminal organizations with the same vigor until such gangs are no more.”
In December, 2013, a jury convicted Wright and his two co-defendants, Richard Anderson and Aston Johnson, of murdering Robert Moncriffe, Mark Wisdom, and Christopher Green in Greece on March 9, 2010. The evidence presented by the government at trial established that in the days prior to March 9, the defendants traveled to Rochester from Phoenix, Arizona and planned the murders. The evidence also showed that Anderson, Johnson, and Wright targeted the victims because they believed Moncriffe, Wisdom, and Green were cheating them out of proceeds from the sale of marijuana. The defendants went to the apartment in Greece, where the three victims lived. They bound and gagged Christopher Green and waited for Moncriffe and Wisdom to arrive home. Once they arrived, the defendants shot the three men to death at the same time.
In a separate case, Wright was also sentenced for assaulting two federal guards at the Buffalo Federal Detention Facility in Batavia, New York. A jury convicted Wright of these assaults in May 2011, but sentencing had been postponed pending the outcome of the triple homicide and marijuana distribution case. Judge Siragusa sentenced Wright to 20 years on each of the two counts of assaulting the federal guards, such sentences to run concurrent to each other but consecutive to the life terms.
In addition to sentencing the defendant to life in prison, Judge Siragusa also imposed a $1,000,000 forfeiture judgment against defendant Wright, as well as the forfeiture of three guns seized at the house in Phoenix, Arizona.
Co-defendants Richard Anderson and Aston Johnson had been previously sentenced on March 11, 2014, to life sentences.
Today’s sentencing is the result of an investigation conducted by the Greece Police Department. under the direction of then-Chief Todd Baxter and current Chief Patrick Phelan; the Federal Bureau of Investigation; the New York State Police, under the direction of Major Mark Koss; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the U.S. Marshals Service, under the direction of Marshal Charles Salina; the Monroe County Sheriff’s Department, under the direction Sheriff Patrick O’Flynn; the Monroe County Crime Analysis Center; the U.S. Postal Inspection Service, Boston Division, under the direction of Acting Inspector in Charge, Shelly A. Binkowski; the U.S. Immigration and Customs Enforcement, under the direction of Special Agent in Charge James C. Spero; the U.S. Border Patrol, under the direction of Patrol Agent in Charge Tom Pocorobba, Jr.; the New York/New Jersey High Intensity Drug Trafficking area; the Franklin County, Ohio Sheriff’s Department; the Arizona Department of Public Safety; and the Los Angeles Police Department.
The investigation of the assault of the two federal guards in Batavia was handled by Immigration and Customs Enforcement-Enforcement and Removal Operations, under the direction of Field Office Director, Michael T. Phillips.

Georgia Man Pleads Guilty to Wire Fraud

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Rodney Walker, 44, of Atlanta, Georgia, pleaded guilty before U.S. District Court Judge Richard J. Arcara, to wire fraud. The charge carries a maximum penalty of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant created an investment loan scheme which resulted in $175,000 in financial losses to an investment company located in the Western District of New York. Walker represented to the victim investment company that he and a co-conspirator could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives of the investment company that he could monetize the stand by letter of credit which would provide the investment company with $100 million dollars in loans. As part of the scheme, Walker required the investment company to provide him with $175,000 which would purportedly cover the costs associated with the financial transaction. The investment company provided the funds but instead of using the money to obtain financing, the defendant and his co-conspirator used the funds for their own purposes.
The plea was the culmination of an investigation on the part of special agents of the Federal Bureau of Investigation.
Sentencing is scheduled for August 19, 2014 at 12:00 p.m. before Judge Arcara.

Tinmouth Man Sentenced to 37 Months for Heroin Trafficking

The Office of the United States Attorney for the District of Vermont stated that yesterday Alan H. Willis, II, of Tinmouth, was sentenced by Chief United States District Judge Christina Reiss to 37 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 Willis serve two years on supervised release after his incarceration ends. Willis has been detained since his arraignment.
According to court documents, Willis trafficked between 700 and 1000 grams of heroin in the Rutland area from summer 2012 to February 2013. In late January 2013, the Vermont Drug Task Force (VDTF) used a confidential informant to make two controlled purchases of heroin from Willis, the first at his home and the second in the parking lot of Rutland’s Diamond Run Mall. On February 4, 2013, the VDTF and several other agencies executed a search warrant at Willis’ residence, seizing 1,500 bags of heroin and $4,800 in cash.
Originally charged in Rutland Superior Court by the Vermont Attorney General’s Office, Willis was first indicted by a federal grand jury on April 24, 2013, leading to dismissal of the state charges. On July 24, 2013, based on a joint investigation by the VDTF, the Drug Enforcement Administration (DEA), and the Federal Bureau of Investigation (FBI), the grand jury returned a superseding indictment expanding the temporal scope of the conspiracy and charging Joshua Rose, 21; Devon Cruz, 29; Charles Hercules, 23, all of New York; Evan Murphy, 23, and Jean Marie Phillips, 47, both of Rutland, along with Willis, as conspirators. On January 24, 2014, Phillips entered a guilty plea to a charge of aiding and abetting Rose’s possession with intent to distribute heroin. She is scheduled for sentencing on May 9, 2014. Today, Murphy entered a guilty plea to the conspiracy charge in the superseding indictment. Murphy is scheduled for sentencing on August 26, 2014. Rose, Cruz, and Hercules are awaiting trial.
United States Attorney Coffin commended the joint investigation by the VDTF, DEA and FBI and thanked the Vermont Attorney General’s Office for its cooperation. Rutland attorney Elizabeth Mann represented Willis. The case is being prosecuted by Assistant U.S. Attorney Craig S. Nolan.

Alleged Serial Bank Robber Arrested After Morning Robbery of Bank in Colonia

NEWARK, NJ—A man allegedly responsible for a three-county New Jersey bank robbery spree faces a federal charge today following his arrest yesterday, May 1, 2014, after the rush hour robbery of a Rahway Savings Institute in Colonia, U.S. Attorney Paul J. Fishman announced.
Jason Novello, 35, of Elizabeth, New Jersey, is charged by complaint with one count of bank robbery in connection with the Colonia theft. He made his initial appearance today before U.S. Judge James B. Clark, III in Newark federal court and was detained.
According to the complaint filed today and statements made in court:
At approximately 9:05 a.m. on May 1, 2014, Novello entered the Rahway Savings Institute in Colonia, approached a bank teller, and held up a note claiming he had a gun and demanding money. The teller gave the cash to Novello, including two “bait bills” from which the serial numbers had been pre-recorded by the bank.
A bank employee followed Novello out of the bank and noted the license plate of the blue Hyundai Elantra in which Novello fled. Law enforcement officers were able to track the car’s registration to an address where they waited for Novello. FBI agents arrested him when he showed up in the Hyundai.
Including the latest Colonia robbery with which he is charged, the complaint alleges Novello committed nine robberies in the nine months from August 2013 to May 2014, hitting two of the banks—in Colonia and Elizabeth—twice each:
  • May 1, 2014 - Rahway Savings Institute, Colonia
  • April 28, 2014 - PNC Bank, Scotch Plains
  • March 22, 2014 - Rahway Savings Institute, Colonia
  • March 8, 2014 - Capital One Bank, Iselin
  • March 1, 2014 - PNC Bank, Edison
  • January 25, 2014 - Capital One Bank, North Plainfield
  • December 7, 2013 - PNC Bank, Fanwood
  • October 30, 2013 - Investors Savings Bank, Elizabeth
  • August 30, 2013 - Investors Savings Bank, Elizabeth
The bank robbery charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine.
U.S. Attorney Fishman praised special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford in Newark, and thanked the Middlesex and Somerset County Prosecutors’ Offices, as well as the Woodbridge, Edison, North Plainfield, Fanwood, Scotch Plains, and Elizabeth Police Departments for their work.
The government is represented by Assistant U.S. Attorney Cari Fais of the U.S. Attorney’s Office General Crimes Unit in Newark.
Defense counsel: Assistant Federal Public Defender Carol Gillen Esq., Newark