Ohio Man Pleads Guilty to Fraud Charge

PITTSBURGH—A resident of East Liverpool, Ohio pleaded guilty in federal court to a charge of wire fraud, United States Attorney David J. Hickton announced today.
Daniel P. Lucas, 50, of 46504 Sidehill Road, East Liverpool, Ohio, pleaded guilty to one count before Chief United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that Lucas defrauded three investors by representing that he was a successful currency trader and obtaining $78,000 from them for this purpose and thereafter retaining and spending more than $49,000 for his own purposes, while earning no profits for investors and incurring more than $28,000 in currency trading losses.
Judge Conti scheduled sentencing for January 10, 2014, at 3:30 p.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Lucas on bond.
Assistant United States Attorney Leo M. Dillon is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.

Robbery of Arvest Bank Branch in Oklahoma City

James E. Finch, Special Agent in Charge of the Oklahoma City Division of the Federal Bureau of Investigation, announces the robbery of the Arvest Bank branch located inside Walmart at 7800 N.W. Expressway in Oklahoma City, Oklahoma.
At approximately 12:10 p.m. on September 21, a black male approached the teller counter at the bank and gave the teller a note demanding money. The subject told the teller to give him all her money and nobody would be hurt. The teller complied and the subject place an undisclosed amount of money in a tan plastic grocery bag. The subject was last seen departing the Walmart on foot. No weapon was seen, and no one was hurt in today’s robbery.
The subject is described as a black male, late 20s, early 30’s, 5'7"-5'10" tall, 190 lbs., and wearing a red hooded sweatshirt with white emblems on the sleeves and sunglasses.

Although the above surveillance photo does not give a clear view of subject’s face, the red sweatshirt he is wearing is very distinctive and may be recognized by someone.
This robbery is being investigated by the Oklahoma City Police Department and the FBI.
Anyone with information is requested to contact the FBI at (405)290-7770 (24-hour number). Callers may remain anonymous. The Oklahoma Bankers Association offers a reward of up to $2,000 for information leading to the arrest and conviction of any individual responsible for robbing a member bank.
Any questions can be directed to Special Agent Rick Rains, Media Spokesman, Oklahoma City FBI, at (405)290-7770.

Cleveland Man Sentenced to Four Years in Prison for Mortgage Fraud, Other Crimes

A former paid cooperator for a federal law enforcement agency was sentenced to more than four years in prison today for a variety of crimes related to a mortgage-fraud scheme, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Field Office.
Paul R. Tomko, age 40, of Cleveland, pleaded guilty in March to one count of conspiracy to commit wire fraud and wire fraud, two counts of wire fraud, one count of student loan fraud, and one count of concealment.
U.S. District Judge Christopher Boyko sentenced Tomko to 52 months in prison and ordered him to pay $327,044 in restitution.
“Paul Tomko has been sentenced, yet again, for being a fraudster to the tune of hundreds of thousands of dollars,” Anthony said. “The FBI hopes he has finally learned his lesson.”
Tomko pleaded guilty in 2009 to charges related to a mortgage fraud scheme and was sentenced to three years’ probation in the United States District Court for the Northern District of Ohio, in Case No.1:09CR29, according to court documents.
In 2007, Tomko had signed a paid cooperation agreement with a federal law enforcement agency wherein Tomko was to take full responsibility and make full disclosure of his own mortgage fraud-related violations and assist that agency in other mortgage fraud investigations. Tomko was paid approximately $19,500 in 2007 and $7,500 in 2008 by that agency under their agreement. Tomko concealed this income from the Probation Department and also falsely stated that the law enforcement agency had approved Tomko operating a mortgage business (The Mortgage House) from his residence, according to court documents.
Tomko, through his company, OKMOT (“Tomko” backwards) Real Estate Company, recruited his housekeeper to apply for fraudulent mortgage loans for four properties between 2006 through 2007. Tomko falsely inflated the income and assets of his housekeeper in order for her to qualify for these loans, according to court documents.
Once the loans closed, Tomko fraudulently received approximately $100,000 of the proceeds by filing mechanics liens for work not performed and directing funds to himself and/or companies he owned and controlled, as well as to others not charged in this conspiracy, according to court documents.
Tomko concealed income he received as a cooperator from a federal law enforcement agency, in order to fraudulently obtain student aid and grants from the United States Department of Education, according to court documents.
The case is being prosecuted by Assistant U.S. Attorneys Christian H. Stickan and Christos M. Georgalis, following investigation by agents of the FBI, Cleveland Office and the Office of the Inspector General for the United States Department of Education.

Avon Lake Woman Pleads Guilty to Human Trafficking and Drug Charges

An Avon Lake woman pleaded guilty today to human trafficking and drug trafficking crimes after forcing four women, including two teens, to have sex for money, law enforcement officials said.
Ashley Onysko, 23, pleaded guilty to conspiracy to engage in sex trafficking and drug trafficking. She is scheduled to be sentenced January 14, 2014
“This woman helped force teens to have sex for money,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “These activities happen all around us, and it’s the responsibility of the community and law enforcement to work together to end these crimes.”
“The defendants in this case used narcotics to gain control over their victims and forced them to engage in sex acts while lining their own pockets with money,” said Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland Field Office. “The FBI and our law enforcement partners will utilize all necessary resources to bring to justice those that victimize our youth.”
“This is an example of local police and federal law enforcement working together to make our community safer,” said Elyria Police Chief Duane Whitely.
Onysko’s co-defendant, Jeremy Mack, 37, of Elyria, is awaiting trial.
Between December 2012 and April 9, 2013, Mack and Onysko conspired together to provide heroin to four victims with drugs, including heroin and cocaine, and then, after the victims incurred drug debts, used force, threats of force, fraud, and coercion to compel them to engage in commercial sex acts.
They did this in part by posting photographs the victims on backpage.com on a user account that Mack and Onysko created on December 25, 2012, according to the indictment.
At various times, Mack told and caused others to tell the victims that they needed to engage in commercial sex acts to repay the drug debts. The victims did, after which she turned over all proceeds to Mack and/or Onysko, according to the indictment.
This case is being prosecuted by Assistant United States Attorneys Bridget M. Brennan and Carole Skutnik following an investigation by the FBI and Elyria Police Department.

Long-Time Colombo Crime Family Associate Sentenced to 14 Years’ Imprisonment

Earlier today, Francis “BF” Guerra, a long-time associate of the Colombo organized crime family of La Cosa Nostra (the “Colombo crime family”), was sentenced to 14 years’ imprisonment for his role in a scheme to fraudulently obtain and distribute prescription drugs. The sentence was imposed by the Honorable Sandra L. Townes, United States District Judge for the Eastern District of New York, at the United States Courthouse in Brooklyn, New York.
The sentence was announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George C. Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Field Office.
Today’s proceeding marks the culmination of a lengthy investigation and prosecution by the U.S. Attorney’s Office and the FBI. Following a jury trial conducted in June and July 2011, Guerra was convicted of one count of conspiracy to distribute oxycodone and Oxycontin and one count of actually distributing those drugs in 2010 and 2011. In addition, he was convicted of four counts of wire fraud based on his fraudulently obtaining reimbursement for those drugs from his insurance provider.
During the sentencing proceeding, United States District Judge Sandra L. Townes found that, in addition to the crimes of conviction, the government proved by a preponderance of the evidence that the defendant had committed numerous additional crimes, including the 1992 murder of Michael Devine and the 1993 murder of Joseph Scopo. Devine was murdered because he had a relationship with the wife of Alphonse Persico, then the acting boss of the Colombo crime family and son of the official boss, Carmine Persico, Jr. Scopo was murdered because he was the underboss of a faction of the Colombo crime family that sought to take control from the Persicos. By murdering Scopo, Guerra and his co-conspirators won the “Colombo family war”—one of the most violent feuds in mafia history—for the Persico faction.
“Years ago, the defendant Guerra chose a life of crime, with murder as his criminal stock in trade. Organized crime has always been about money rather than honor, and recent years saw Guerra move into the equally deadly business of illegal trafficking in prescription drugs,” stated United States Attorney Lynch. “This sentence is a harsh warning to anyone considering introducing these addictive, deadly drugs into our community. This sentence also sends an important message to members and associates of organized crime. We will never stop investigating and prosecuting the murders and other violent crimes they commit, no matter how long ago they occurred, and we will hold those who commit such crimes accountable, regardless of how long they have avoided justice.” Ms. Lynch extended her grateful appreciation to the FBI and the New York City Police Department for their assistance.
FBI Assistant Director in Charge Venizelos stated, “The illegal traffic in prescription drugs poses as grave a danger to society as trafficking in illicit drugs. Today’s sentence reflects the seriousness of the offense. The sentence also closes a chapter in the bloody Colombo war from 20 years ago. Responsibility for two murders has been laid at the feet of this defendant. There is no statute of limitations on the resolve of the FBI to see justice done.”
The government’s case was prosecuted by Assistant United States Attorneys Nicole M. Argentieri and Allon Lifshitz.
Defendant
Francis Guerra
Age: 47

Attorney Paul W. Bergrin Sentenced to Life in Prison for Murder Conspiracy and Racketeering Offenses

NEWARK, NJ—A New Jersey lawyer who turned his law firm and related corporations into a racketeering enterprise was sentenced today in Newark federal court to life in prison, U.S. Attorney Paul J. Fishman announced.
Paul W. Bergrin, 57, of Nutley, New Jersey, was convicted in March 2013 following a jury trial of all 23 counts on which he was tried—including conspiracy to murder a witness and other racketeering, cocaine, and prostitution offenses.
The jury returned the verdict after two months of trial before U.S. District Judge Dennis M. Cavanaugh, who also imposed sentence today.
“Paul Bergrin’s betrayal of the people he once served, the court, and the rule of law was stunning,” said U.S. Attorney Fishman. “Each criminal choice he made was a step toward life in prison. After all he did to elude punishment for his clients—including orchestrating the murder of witnesses—he could not avoid facing justice for his own crimes.”
According to documents filed in this case, evidence at trial, and statements made in court:
Through his law firm, Bergrin conspired to tamper with witnesses; distribute cocaine; and facilitate drug trafficking, prostitution, and bribery, among other things. He conspired to murder witnesses to protect the drug trafficking enterprise, one of whom was shot to death to prevent him from testifying in court.
As a result of his conviction, Bergrin faced a mandatory sentence of life in prison on each of the following counts: count three, violent crimes in aid of racketeering; count 12, conspiring to murder a federal witness to prevent his testimony at an official proceeding; and count 13, aiding and abetting the murder of a federal witness to prevent testimony at an official proceeding. He also faced a maximum term of life in prison on three other counts.
U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford; IRS-Criminal Investigation, under the direction of Special Agent in Charge Shantelle P. Kitchen; and the Drug Enforcement Administration’s New Jersey Division, under the direction of Special Agent in Charge Carl J. Kotowski, with the investigation.
The government is represented by Deputy Chief John Gay and Assistant U.S. Attorney Joseph N. Minish of the U.S. Attorney’s Office Criminal Division and Steven Sanders of the office’s Appeals Division in Newark.

Former Dolton Police Officer Sentenced to 75 Months in Prison for Violating Civil Rights of Two Men He Beat with Baton

CHICAGO—A former south suburban Dolton Police officer was sentenced today to 75 months in federal prison for violating the civil rights of two men by using excessive force against them with his baton outside a Dolton nightclub in May 2009. The defendant, Kevin Fletcher, 36, of South Holland, who was convicted at trial in May, was sentenced on two counts of violating the victims’ civil right to be free from the use of unreasonable force by a person acting under color of law. The judge and the jury had the benefit of video surveillance recordings that captured most of the scene.
“There was only one person who was out of control that night, and that was Mr. Fletcher,” U.S. District Judge Elaine Bucklo said in imposing the sentence in federal court in Chicago. The judge said she took into account Fletcher’s anger that night, that he lied when he testified at trial, and had expressed no contrition, while also noting that “being a policeman is a hard job.”
Fletcher joined the Dolton Police Department in October 2006. The evidence at trial showed that at approximately 2 a.m. on May 17, 2009, he and other officers were working crowd control outside the former Mr. Ricky’s 141 Club, as it and other bars along Chicago Road near 141st Street in Dolton were closing. While performing his duties as a police officer, Fletcher used an expandable metal police baton as a dangerous weapon to strike two victims, Michael McPherson and Laurence Williams, once each in the head. The jury found that both victims suffered bodily injury, and the evidence showed that both required hospital treatment and staples to close their head wounds.
Fletcher “had used lethal force against two unarmed victims who had merely mouthed off to him,” Assistant U.S. Attorney Megan Cunniff Church argued at sentencing. “With each of these baton strikes, [Fletcher] gave the community reason to doubt law enforcement, reason to challenge its authority, reason to believe that law enforcement cannot be trusted. He inflicted violence into the community that he had sworn to protect.”
Ms. Church, together with former Assistant U.S. Attorney Tinos Diamantatos, argued during the trial that Fletcher was offended by the victims cursing at him as he directed them to depart the Chicago Road area after leaving the nightclub and then abused his authority by striking them each over the head with his baton to “teach them a lesson.” Fletcher made no effort or attempt to arrest either victim and departed the scene after striking them with his baton, without rendering or summoning any medical aid. Both victims, as well as Fletcher, testified at the trial.
The sentence was announced by Gary S. Shapiro, United States Attorney for the Northern District of Illinois, and Robert J. Shields, Jr., Acting Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation. The Justice Department’s Civil Rights Division assisted in the investigation.