Former New York City Comptroller Candidate Pleads Guilty in Manhattan Federal Court to Illegally Distributing Prescription Pills

Preet Bharara, the United States Attorney for the Southern District of New York, announced that Kristin Davis, a former candidate for New York City comptroller, pled guilty today in Manhattan federal court to illegally distributing prescription pills. Davis, who was arrested in August 2013, entered her plea today before U.S. District Judge Edgardo Ramos.
Manhattan U.S. Attorney Preet Bharara said, “Kristin Davis now stands convicted of illegally selling hundreds of highly addictive and dangerous prescription pills in exchange for cash. Abuse of illegally distributed prescription pills is the fastest-growing drug problem in the country, and this office will do everything in its power to help combat this public health epidemic.”
According to the complaint, superseding information, other information in the public record, and today’s plea proceeding:
On multiple occasions from January 2013 to March 2013, Davis sold hundreds of prescription pills containing amphetamine, alprazolam, zolpidem, and carisoprodol to a person she knew from prior purchases and sales to be a drug dealer. Unbeknownst to Davis, the person was a cooperating witness (the CW) with the Federal Bureau of Investigation (FBI) and was equipped with a recording device. During these sales, Davis was recorded saying that the pills she was selling were “Ambien,” “Soma,” and “Xanax.” On a fourth occasion, in April 2013, Davis arranged for another individual to sell approximately 180 oxycodone pills to the CW.
There is an illegal market for all of the drugs Davis sold and assisted another to sell. Oxycodone is a powerful painkiller with a high potential for addiction and abuse, and it is often used as a substitute for, or adjunct to, other illegal drugs, such as heroin. Amphetamine is a psycho-stimulant, often referred to as “speed,” and it is often used as a substitute for, or adjunct to, other illegal drugs, including methamphetamine and cocaine. Alprazolam is a psychoactive drug often used as a substitute for, or adjunct to, other illegal drugs, such as LSD, heroin, or opiates. Zolpidem is a sedative/hypnotic drug often used as a substitute for, or adjunct to, other illegal drugs, including amphetamine, methamphetamine, cocaine, and MDMA (commonly known as ecstasy). Carisoprodol is a skeletal muscle relaxant often used in conjunction with painkillers and so-called “date rape” drugs.
Davis, 38, of New York City, pled guilty to one count of distributing and possessing with intent to distribute controlled substances, specifically alprazolam, zolpidem, and carisoprodol. She faces a maximum sentence of five years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. Davis is scheduled to be sentenced by Judge Ramos on July 25, 2014.
Davis was one of several people arrested as part of an ongoing joint investigation conducted by the FBI, the New York City Police Department (NYPD), and the U.S. Attorney’s Office into the unlawful distribution of prescription drugs containing controlled substances in and around New York City:

• Thomas Rock was arrested on July 10, 2013, for distributing and conspiring to distribute oxycodone and alprazolam. He pled guilty on February 24, 2014, before U.S. District Judge Paul A. Engelmayer to distributing oxycodone and alprazolam and is scheduled to be sentenced by Judge Engelmayer on June 6, 2014.
• Eugene Kurochkin was arrested on July 11, 2013, for distribution of oxycodone, alprazolam, amphetamine, and zolpidem. He pled guilty on November 1, 2013, to distributing oxycodone, alprazolam, amphetamine, and zolpidem and was sentenced by U.S. District Judge Robert W. Sweet on February 10, 2014, to 12 months in prison.
• Raoul Goldberger and Rebecca Teman were arrested on July 29, 2013, for distributing and conspiring to distribute amphetamine, oxycodone, and vicodin. Goldberger pleaded guilty on August 21, 2013, to distributing amphetamine and oxycodone, and is scheduled to be sentenced by U.S. District Judge Colleen McMahon on March 12, 2014. Teman pleaded guilty on November 12, 2013, before U.S. Magistrate Judge Henry B. Pitman to misbranding a prescription drug and is scheduled to be sentenced by Judge Pitman on March 11, 2014.
• Erik Pichardo, who was referred to as Individual-1 in the complaint against Davis, was arrested in August 2013 for distributing oxycodone. He pled guilty on December 12, 2013, before U.S. District Judge Harold Baer to conspiracy to distribute oxycodone and is scheduled to be sentenced by Judge Baer on April 10, 2014.
• David J. Wright was arrested on October 3, 2013, in connection with this investigation on charges of distributing oxycodone, amphetamine, and carisoprodol, which charges are pending. The charges against Wright are merely accusations, and he is presumed innocent unless and until proven guilty.

Mr. Bharara praised the investigative work of the FBI. He also thanked the United States Department of Health and Human Services-Office of Inspector General and the NYPD for their assistance in the ongoing investigation.
The cases are being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Daniel C. Richenthal, Kristy J. Greenberg, and Edward A. Imperatore are in charge of the prosecutions.

Twenty-Eight Members and Associates of Paterson Bloods Street Gang Charged in Manhattan Federal Court with Distributing Heroin, Crack Cocaine, and Powder Cocaine and with Firearms Offenses

Preet Bharara, the United States Attorney for the Southern District of New York; Aaron T. Ford, the Special Agent in Charge of the Newark Field Office of the Federal Bureau of Investigation (FBI); William Fraher, the Acting Chief of Police of the Paterson Police Department, and Gary F. Giardina, the Chief of Police of the Clifton Police Department, today announced the unsealing of a superseding indictment charging 28 members and associates of the Bloods street gang operating in Passaic County, New Jersey, principally in the city of Paterson, with distribution and possession with the intent to distribute heroin, “crack” cocaine, and powder cocaine. The indictment also charges three of the defendants with brandishing firearms in furtherance of drug trafficking activity and with being felons unlawfully in possession of firearms.
Of the 28 defendants named in the superseding indictment, nine were taken into custody in a weekend sweep. Those nine defendants were presented in Manhattan federal court this afternoon before U.S. Magistrate Judge Debra Freeman and detained. Five other defendants are presently detained in state custody on unrelated charges and will be writted into federal custody. One defendant, Hakim Lowery, remains at large. The other 13 defendants were arrested on earlier occasions on the underlying indictments, and all remain detained.
Manhattan U.S. Attorney Preet Bharara said, “Once again we see the convergence of drugs, guns, and violence that plagues neighborhoods, threatens their inhabitants, and spreads potentially lethal narcotics from city to city and across state lines. To keep our neighborhoods free of illegal drugs and gang violence, we will continue to work closely with our local law enforcement partners to vigorously enforce federal drug and firearms laws.”
FBI Special Agent in Charge Aaron T. Ford said, “Dismantling violent gangs is a continuing priority for the FBI. Our efforts to address gang violence are not new, but we are working with our partners with increased manpower and increased urgency to address current circumstances. Today’s arrests and charges are the result of a successful, long term investigation conducted by the FBI and the Paterson and Clifton Police Departments.”
Paterson Police Department Acting Chief William Fraher said, “It is critically important for cities like Paterson to leverage their existing collaborative relationships with federal and local law enforcement to reduce not only the actual violence in our communities but also reducing the perception of fear which can be just as important.”
Clifton Police Department Chief Gary F. Giardina said, “Problems faced by law enforcement do not stop at the city borders. What is one city’s problem most likely is the next city’s and at times overlaps into the next state. It is for these reasons that it is imperative that agencies work in partnership to be successful. In this case, Clifton Police worked in partnership with the Paterson Police and FBI in order to bring this investigation to a successful conclusion.”
According to the allegations in the superseding indictment unsealed today in Manhattan federal court:
Various “sets” of the Bloods, particularly the Fruit Town Brims and Sex Money Murder, among others, operated in Paterson, often coordinating, collaborating, and working together (defined in the Indictment as the “Paterson Bloods”). Ranking members of the Paterson Bloods would often meet to resolve disputes between their respective “soldier” members of the sets and could direct punishment against non-members. Among these punishments were that individuals were to be assaulted or killed by members of the Paterson Bloods.
The Paterson Bloods operated the drug markets in certain central locations in Paterson, New Jersey, including, in particular: North Main Street from East Main Street to Jefferson Street (an area known as “The Main”); Graham Avenue/Rosa Parks Boulevard from Lyon Street to Franklin Street (“The Boulevard”); Graham Avenue/Rosa Parks Boulevard from 12th Avenue to Hamilton Avenue; 12th Avenue from East 22nd Street to East 24th Street; 10th Avenue from East 26th Street to East 30th Street; Governor Street from Graham Avenue to Summer Street (“Up the Hill”); and Park Avenue from Madison Avenue to East 16th Street. Members of the Paterson Bloods were permitted to sell heroin and “crack” cocaine in these areas. Generally, non-members, outsiders, and rival narcotics dealers were prohibited or prevented from distributing narcotics in areas controlled by the Paterson Bloods. Certain individuals—such as people who had grown up in areas controlled by the Paterson Bloods, people of neutral gang or neighborhood group affiliation, or marijuana dealers who often sold to members of the Paterson Bloods—were permitted to distribute narcotics in areas controlled by the Paterson Bloods but did so without the protection of the members of the Paterson Bloods and at the risk of being robbed by members of the gang. For example, on June 17, 2013, a drug dispute broke out in the area of 12th Avenue and 22nd Street, during which the defendant Rachaun Parker, a member of the Fruit Town Brims set of the Bloods, assisted an individual who was considered a “neutral” from his neighborhood. Members of the Fruit Town Brims, including defendants Hakim Lowery and Jamar Edwards, violently beat Parker for violating the rules of the set.
Members of the Paterson Bloods and their associates committed and conspired, attempted, and threatened to commit acts of violence to protect and expand their drug trafficking operations and to protect fellow members of the gang. These acts included beatings, stabbings, and shootings intended to prevent people not affiliated with the Paterson Bloods from distributing narcotics in areas controlled by the gang, or to dissuade members of rival gangs, such as the Latin Kings, from encroaching on territory controlled by the Paterson Bloods.
Members of the charged narcotics distribution conspiracy agreed to possess and distribute heroin, “crack” cocaine, and cocaine powder in the Bronx, Manhattan, and New Jersey. On at least two occasions, certain defendants, armed with loaded guns, delivered what they believed to be approximately one kilogram of cocaine to an address in the Bronx in return for delivery fees.

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The case is assigned to U.S. District Judge Laura Taylor Swain. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Bharara praised the investigative work of the FBI, the Paterson Police Department, and the Clifton Police Department. The investigation is a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force program, and it combined the resources and expertise of its member federal agencies in cooperation with local law enforcement.
The Office’s Violent Crimes Unit is overseeing the case. Assistant U.S. Attorneys Justina L. Geraci and Michael D. Maimin are in charge of the prosecution. Assistant U.S. Attorney Carolina A. Fornos is in charge of the asset forfeiture components of the case.
The charges contained in the superseding indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Eight Individuals Sentenced in Federal Court

MARTINSBURG, WV—Eight individuals were sentenced by Judge Gina M. Groh according to United States Attorney William J. Ihlenfeld, II.
Donald Tillotson, age 36, of Burlington, West Virginia, was sentenced to 96 months in prison and three years of supervised release for possession of pseudoephedrine to be used in the manufacture of methamphetamine. Tillotson’s sentence reflects an enhancement for using a shake and bake method to manufacture methamphetamine, which caused a substantial risk to four minor children. The court also ordered Tillotson to make restitution in the amount of $1,050.31 to the West Virginia Department of Environmental Protection for the cleanup. Tillotson was remanded to the custody of the United States Marshal pending designation to a federal institution. This case was prosecuted by Assistant U.S. Attorney Stephen D. Warner and investigated by the Potomac Highlands Drug & Violent Crime Task Force, consisting of officers from the Federal Bureau of Investigation, and the West Virginia State Police-Bureau of Criminal Investigations.
Derrick Stanford Spencer, age 35, of Martinsburg, was sentenced to 84 months in prison and three years of supervised release for possession with intent to distribute crack cocaine. Spencer was remanded to the custody of the United States Marshal pending designation to a federal institution. This case was prosecuted by Assistant U.S. Attorney Paul T. Camilletti and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police-Bureau of Criminal Investigation, the Martinsburg Police Department, the Berkeley County Sheriff’s Department, and the Jefferson County Sheriff’s Department.
Michael Shavar Payton, age 28, and Dehaven Darnell Craig, age 28, both of Martinsburg, were each sentenced to 60 months in prison and four years of supervised release for distribution of crack cocaine.” Payton and Craig were remanded to the custody of the United States Marshal pending designation to a federal institution. This case was prosecuted by Assistant U.S. Attorney Jarod J. Douglas and investigated by the Eastern Panhandle Drug and Violent Crime Task Force.
Dorian Wilson, age 25, of Martinsburg, was sentenced to 57 months in prison and three years of supervised release for possession with intent to distribute crack cocaine. Wilson was remanded to the custody of the United States Marshal pending designation to a federal institution. This case was prosecuted by Assistant U.S. Attorney Brandon S. Flower and investigated by the Eastern Panhandle Drug and Violent Crime Task Force.
Frank Brinkmeyer, age 43, of Falling Waters, West Virginia, was sentenced to 41 months in prison and three years of supervised release for distribution of heroin. Brinkmeyer was remanded to the custody of the United States Marshal pending designation to a federal institution.
Michael Smith, age 39, of Falling Waters, was sentenced to 37 months in prison and three years of supervised release for distribution of heroin. Smith was remanded to the custody of the United States Marshal pending designation to a federal institution.
Patricia Brinkmeyer, age 43, of Falling Waters, was sentenced to three years of probation for distribution of heroin.
This case was prosecuted by Assistant U.S. Attorney Robert H. McWilliams, Jr. and investigated by the Eastern Panhandle Drug & Violent Crimes Task Force.

Former County Prosecutor Convicted of Oxycodone Distribution

MARTINSBURG, WV—A former assistant county prosecutor was convicted in federal court for the illegal distribution of painkillers, according to United States Attorney William J. Ihlenfeld, II.
James Casimiro, III, age 37, of Ranson, West Virginia, and a former assistant prosecuting attorney in Jefferson County, West Virginia, entered a plea of guilty to distribution of oxycodone and now faces up to 20 years in prison. Casimiro admitted to obtaining the painkillers from a cancer patient and then selling them for profit. The investigation involved the use of a confidential informant who made purchases of oxycodone tablets from Casimiro in May and June 2013, a time period during which he was still employed as a prosecutor.
“Because of the defendant’s occupation we moved quickly to investigate and to prosecute this matter,” said U.S. Attorney Ihlenfeld. “If someone who is sworn to uphold the law is instead breaking the law, then we must move swiftly to preserve the integrity of the criminal justice system.”
The Casimiro case was investigated by the Federal Bureau of Investigation and the Eastern Panhandle Drug and Violent Crimes Task Force. It was prosecuted by Assistant U.S. Attorney Paul T. Camilletti.
In another matter, Ihlenfeld announced that two Hedgesville residents were convicted for the sale of heroin:
Daniel Robert Myers, Jr., age 35, and Jordan Brooke Gambrell, age 20, both of Hedgesville, West Virginia, entered pleas of guilty to possession with intent to distribute heroin on November 15, 2012. Myers, who is in custody, and Gambrell, who is free on bond, each face up to 20 years in prison when sentenced.
The Myers and Gambrell cases were prosecuted by Assistant United States Attorney Jarod J. Douglas and investigated by the Eastern Panhandle Drug & Violent Crime Task Force, consisting of officers from the West Virginia State Police-Bureau of Criminal Investigation, the Martinsburg Police Department, and the Berkeley County Sheriff’s Department.
Brian Nickens, age 38, of Shenandoah Junction, West Virginia, entered a plea of guilty to drug user in possession of a firearm on March 26, 2012. Nickens, who is in custody pending sentencing, faces up to 10 years in prison. This case was investigated by the Jefferson County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and was prosecuted by Camilletti.
Eric Scott Taylor, age 34, of Gerrardstown, West Virginia, entered a plea of guilty to distribution of marijuana on July 31, 2013. Taylor, who is free on bond pending sentencing, faces up to five years in prison. This case was prosecuted by Douglas and investigated by Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Keria Lee Widdows, age 31, of Falling Waters, West Virginia, and formerly of Hagerstown, Maryland, was sentenced to 15 months in prison and two years of supervised release for false statement in acquisition of a firearm on January 10, 2012. Widdows, who is free on bond, will self-report to the designated federal institution. This case was investigated by the Washington County, Maryland Sheriff’s Department; the Maryland State Police; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and it was prosecuted by Camilletti.
Jason Swisher, age 30, and Jennifer Hileman, age 30, of Elizabethtown, Pennsylvania, were sentenced to 33 months in prison and three years of supervised release and 16 months in prison and three years of supervised release, respectively, for conspiracy to distribute heroin in the Berkeley County, West Virginia area. Swisher was remanded to the custody of the United States Marshals Service pending designation to a federal institution, and Hileman will self-report to the designated federal institution in October. This case was prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Wanblee Man Sentenced to 51 Months for Conspiracy to Distribute Methamphetamine

United States Attorney Brendan V. Johnson announced that a Wanblee, South Dakota man convicted of conspiracy to distribute a controlled substance was sentenced on September 13, 2013, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Angel Provincial, age 23, was sentenced to 51 months’ imprisonment, three years' supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
From August 2009 through July 2012, Provincial conspired with others to distribute methamphetamine in and around the Pine Ridge Indian reservation. Provincial pled guilty to the charge on May 8, 2013.
This case was investigated by the Northern Plains Safe Trails Drug Enforcement Task Force, the Federal Bureau of Investigation, the Bureau of Indian Affairs Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ted L. McBride prosecuted the case.
Provincial remained in the custody of the U.S. Marshals Service.

Federal Judge Convicts Rexburg Man of Distributing Meth and Violating Federal Firearms Laws

POCATELLO—Noe Munguia-Diaz, a/k/a Juan Ernesto Medina-Munguia, 35, of Rexburg, Idaho, was found guilty today in federal court in Pocatello of six counts of distributing methamphetamine, one count of possession with intent to distribute methamphetamine, and two counts of unlawfully possessing firearms, U.S. Attorney Wendy J. Olson announced. Munguia-Diaz appeared before the Hon. Terry J. Hatter, Jr., Senior U.S. District Judge for the Central District of California. He waived his right to trial by a jury in August 2013.
During the two-day trial, Judge Hatter heard evidence that Munguia-Diaz sold methamphetamine to other individuals on six occasions between March 23, 2011 and October 19, 2012. During one of the sales, Munguia-Diaz also sold a handgun. Judge Hatter also heard evidence that on March 4, 2013, when the defendant was arrested, Rexburg Police officers found over $4,500 in the possession of the defendant and his female passenger, evidence that Munguia-Diaz had deposited that day a total of $15,000 between two different banks, and a loaded handgun. Later than night, pursuant to a search warrant, officers recovered approximately one ounce of methamphetamine from a heating vent in Mungua-Diaz’s bedroom. Munguia-Diaz admitted to officers that he had methamphetamine in his house and that the firearm in the car belonged to him.
Munguia-Diaz is scheduled to be sentenced by Judge Hatter on December 3, 2013, at the federal courthouse in Pocatello. He faces a minimum term of five up to 40 years in prison, a maximum fine of $5 million, and at least four years of supervised release. Munguia-Diaz will forfeit the two firearms he unlawfully possessed and $31,202 as proceeds from his criminal offenses.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Madison County Sheriff’s Office, with assistance by Bingham County Sheriff’s Office, Blackfoot Police Department, Federal Bureau of Investigation, Fremont County Sheriff’s Office, Idaho State Police, Jefferson County Sheriff’s Office, Rexburg Police Department, and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).