Aide charged with allegedly making child porn in NYC school

February 8, 2012

The Wall Street Journal on February 7, 2012 released the following:

“Associated Press

NEW YORK — A New York City teacher’s aide already accused of possessing child pornography was jailed Tuesday after prosecutors brought new allegations that he videotaped himself spanking one naked child and fondling another in a public elementary school classroom.

FBI agents arrested Taleek Brooks, 40, at his Brooklyn apartment on Monday night after an investigation uncovered the videos on a computer seized last month from the home, authorities said.

A criminal complaint mentioned only two alleged victims — both believed by the federal authorities to be current or former students at the Weeksville School in Brooklyn, where Brooks had worked since 1995. The FBI held out the possibility there could be more student victims and was encouraging parents to come forward if they have information. Agents were expected to be at the school on Wednesday to pursue leads.

“As chancellor, and as a father, I am horrified and disgusted at the charges we learned of today from the FBI,” Schools Chancellor Dennis Walcott said in a statement after the meeting with the staff and PTA president. “Our paramount concern is for the safety of our students, and we are cooperating fully with the federal authorities as they continue their investigation.”

The city Department of Education first hired Brooks for a summer job in 1991, when he was fingerprinted and passed a background check. He was given a full-time job as a teacher’s aide with the school system in 1993.

Brooks also had worked with children at an after-school program affiliated with Weeksville. Program director Christa McCarthy-Miller said Tuesday that the defendant had passed routine background checks, and that she wasn’t aware of any previous complaints against him.

As a “group leader” for about 14 children, Brooks’ job was to encourage them to make “positive life choices,” McCarthy-Miller said.

“We’re obviously very saddened by this,” she said.

Though different in the nature of the accusations and the number of alleged victims, the case called to mind the unfolding scandal at a Los Angeles elementary school in which a teacher is suspected of blindfolding and molesting children in his classroom.

According to a criminal complaint filed Tuesday, an examination of a home computer and two external hard drives seized from Brooks uncovered a stash of self-produced child porn.

The videos included two taken in a school classroom, one of Brooks touching a child’s genitals and another of him spanking a naked child, the complaint says. Investigators believe they were shot sometime between January 2008 and January 2011.

A letter sent to parents alerted to them to the accusations against Brooks, saying that “these incidents may have occurred on school grounds.” It advised families to call an FBI tip line if they had information about the case.

A previous complaint had accused Brooks of sending pornographic photos and videos of children to an undercover agent he met online. The complaint says one of the images was of a man having sex with a boy who appeared to be about 10.

Following the exchange, FBI agents searched Brooks’ home on Jan. 13. The complaint alleges that during the search, Brooks “admitted that he had been downloading and sharing child pornography for approximately seven years.” He also “indicated that he had collected and saved over 1,000 digital files on his computer containing child pornography,” the complaint adds.

If convicted of producing child porn, Brooks faces a minimum 15 years in prison.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Madison Federal Grand Jury Returns Indictment

January 5, 2012

The Federal Bureau of Investigation (FBI) on January 4, 2012 released the following:

“MADISON, WI—A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictment today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

Rock Springs Man Charged with Distributing and Possessing Child Pornography

Anthony J. Bonham, 43, Rock Springs, Wis., is charged with distribution of child pornography and possession of child pornography. The indictment alleges that on August 5, 2011, Bonham distributed computer image and video files which depicted minors engaged in sexually explicit conduct. The indictment further alleges that on November 16, 2011, he possessed four computer hard drives and a CD-R which contained child pornography.

If convicted, Bonham faces a mandatory minimum penalty of five years and a maximum penalty of 20 years in federal prison on the distribution count, and a maximum penalty of 10 years in federal prison on the possession count. The charges against him are the result of an investigation by the Federal Bureau of Investigation. The prosecution of this case has been assigned to Assistant U.S. Attorney Timothy M. O’Shea.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Bobby Cruz Charged in an Eight-Count Federal Indictment Wednesday by a Federal Grand Jury in the Northern District of Illinois Alleging that he was Producing Child Pornography, Crossed State Lines to Engage in a Sexual Act with a Minor, Transporting Child Pornography, and Possessing Child Pornography

December 2, 2011
Bobby Cruz

U.S. Immigration and Customs Enforcement on December 1, 2011 released the following:

“Chicago-area man indicted for allegedly manufacturing child pornography, crossing state lines for sex with minor

CHICAGO – A local man who was arrested last month for allegedly transporting child pornography via computer, was indicted on new charges alleging that he manufactured child pornography involving at least three minor victims. The indictment was announced by Patrick J. Fitzgerald, U.S. Attorney for the Northern District of Illinois, and Gary J. Hartwig, special agent in charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Chicago.

Bobby Cruz, 32, of Des Plaines, Ill., was charged in an eight-count indictment Wednesday by a federal grand jury in the Northern District of Illinois. Cruz was charged with four counts of producing child pornography by enticing minors to engage in sexually explicit conduct, one count of crossing state lines to engage in a sexual act with a minor under 12, two counts of transporting child pornography, and one count of possessing child pornography.

Cruz was ordered to remain in federal custody without bond after his Nov. 1 arrest. He was initially charged with a single count of transporting child pornography after federal agents allegedly discovered illegal images on his home computer. A subsequent investigation, which resulted in the discovery of additional child victims, resulted in the new charges alleging molestation and production of child pornography.

While announcing the indictment, law enforcement officials provided the media with a photograph of Cruz in an effort to solicit information from the public pertaining to any suspicious contact that Cruz might have had with any unknown minor victims. Anyone with such information is encouraged to contact ICE HSI Special Agent Jennifer Sapper at 630-574-4941.

The Des Plaines Police Department and the Cook County State’s Attorney’s Office assisted in the investigation.

According to the four manufacturing counts, Cruz allegedly produced child pornography involving at three least minor victims between September 2007 and June 2009 in Des Plaines, Ill. and between March 2008 and June 2009 in Morris, Ill. The charges allege that in each of the four instances, Cruz persuaded, induced, and enticed a minor to engage in sexually explicit conduct. On Oct. 22, 2010, Cruz allegedly crossed state lines to molest a minor less than 12 years of age.

The remaining counts allege that Cruz transmitted and possessed child pornography between September and November 2011. The initial complaint against Cruz alleged that on Sept. 14 he sent an email to an undercover ICE agent with an attached zip file containing about 100 images of child pornography. The investigation began when agents learned that the same email account, allegedly identified later as belonging to Cruz, was used to trade hundreds of child pornography images with an unnamed individual in December 2010. ICE agents subsequently linked the email account to Cruz’s residence. On Nov. 1, agents executed a search warrant and seized a laptop computer, an external hard-drive, and other items allegedly containing numerous images and videos of alleged child pornography. The indictment seeks forfeiture of the computer equipment and other seized items.

Assistant U.S. Attorney Jennie Levin, Northern District of Illinois, is prosecuting this case.

Crossing state lines to engage in a sexual act with a minor under 12 carries a mandatory minimum sentence of 30 years and a maximum of life in prison. Each of the four counts of manufacturing child pornography carries a mandatory minimum of 15 years and a maximum of 30 years in prison. Transporting child pornography carries a mandatory minimum penalty of five years and a maximum penalty of 20 years in prison on each count; and possessing child pornography carries a 10-year maximum prison term. Each count also carries a maximum fine of $250,000. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.

The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

This investigation is part of Operation Predator, a nationwide ICE initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders, and child sex traffickers.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Madison Federal Grand Jury Returns Indictments

September 29, 2011

The Federal Bureau of Investigation (FBI) on September 28, 2011 released the following:

“MADISON, WI— A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

Eau Claire Man Charged with Child Pornography Crimes

David J. Kmetz, 43, Eau Claire, Wis., is charged with one count of distributing child pornography and one count of possessing a computer hard drive containing child pornography. The indictment alleges that on July 26, 2010, he distributed computer images and video files containing visual depictions involving the use of minors engaged in sexually explicit conduct, and that he possessed the computer hard drive on January 11, 2011.

If convicted, Kmetz faces a penalty of at least five years and up to 20 years in federal prison on the distribution count, and 10 years on the possession count. The charges against him are the result of an investigation by the Federal Bureau of Investigation. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz.

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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov.

Waterloo Man Charged with Embezzlement

Allen R. Howe, 63, Waterloo, Wis., is charged with embezzling $56,723.74, from the Allen Howe & Son, Inc. Simple Retirement Account Trust. The indictment alleges that from December 2006 through September 2009, he withheld that amount of Allen Howe & Son, Inc. employee contributions, and failed to make payments to any financial institution on behalf of those employees.

If convicted, Howe faces a maximum penalty of five years in federal prison. The charge against him is the result of an investigation by the U.S. Department of Labor, Employee Benefits Security Administration. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Dirk LaPaglia Charged in a Federal Criminal Complaint with Allegedly Possessing Child Pornography

September 1, 2011

The Federal Bureau of Investigation (FBI) on September 1, 2011 released the following:

“Alpharetta Man Arrested for Possessing Child Pornography

ATLANTA—Special Agent in Charge Brian D. Lamkin announces the following arrest at Atlanta, Georgia:

Dirk LaPaglia, age 53, of Alpharetta, Georgia, surrendered to the FBI today at the Richard B. Russell Federal Building after being charged yesterday, August 31, 2011, with possession of child pornography. In the charging federal criminal complaint, LaPaglia is alleged to have taken photographs of over two dozen minor children and superimposed their facial images over pornographic images, creating hundreds of such images. LaPaglia (pronounced Lapolia) accessed/photographed these minor children while serving as the photographer for several area neighborhood functions.

This matter was initiated by Johns Creek authorities investigating a stalking matter wherein neighborhood residents, to include at least one minor, were being sent suggestive packages with equally suggestive but anonymous letters. On April 15, 2011, LaPaglia was identified and charged with Stalking by Johns Creek/Fulton County authorities in that matter.

LaPaglia will have his initial appearance in Atlanta today at 1:30 p.m. in front of U.S. Magistrate Judge E. Clayton Scofield III.

Anyone with further information on the above matter should contact the FBI at tel. (404) 679-9000.

The public should be reminded that the above are mere allegations and that all persons are presumed innocent until proven guilty in a court of law.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Michael Holm Sentenced by Chief United States District Judge Alvin W. Thompson in Hartford For Possessing Child Pornography

August 29, 2011

The Federal Bureau of Investigation (FBI) on August 26, 2011 released the following:

“Branford Resident Sentenced to Federal Prison Term for Possessing Child Pornography

David B. Fein, United States Attorney for the District of Connecticut, announced that MICHAEL HOLM, 32, of Oak Street, Branford, was sentenced today by Chief United States District Judge Alvin W. Thompson in Hartford to three months of imprisonment, followed by three months of home confinement and five years of supervised release, for possessing child pornography.

According to court documents and statements made in court, on May 29, 2008, agents assigned to the Connecticut Computer Crimes Task Force conducted a court-authorized search at HOLM’s residence and seized a computer. Subsequent forensic analysis of the computer revealed between 150 and 300 images of child pornography.

On December 9, 2010, HOLM pleaded guilty to one count of possession of child pornography.

Following his release from prison, HOLM will be required to register as a sex offender. As special conditions of his five-year-term of supervised release, the United States Probation Office is authorized to monitor HOLM’s computer use and conduct random searches of his residence, automobile and workplace. Also, HOLM must not have any unsupervised contact with children who are under the age of 18, other than his own children, without the express permission of the U.S. Probation Office and his mental health treatment provider.

This case was investigated by the United States Secret Service and the Connecticut Computer Crimes Task Force, which includes federal, state and local law enforcement agencies. The case was prosecuted by Assistant United States Attorney Ray Miller and Special Assistant United States Attorney Neeraj Patel.

The Connecticut Computer Crimes Task Force, which is housed at the main FBI office in New Haven, investigates crimes occurring over the Internet, including on-line crimes against children, and provides computer forensic review services for participating agencies. For more information about the Task Force, or to report child exploitation crimes, please contact the FBI at 203-777-6311.

This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, and the District of Connecticut’s “Operation Constant Vigilance,” which are aimed at protecting children from sexual abuse and exploitation.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Christopher Kice Charged by a Criminal Complaint With Allegedly Possessing Child Pornography

August 26, 2011

The Federal Bureau of Investigation (FBI) on August 25, 2011 released the following:

“Shorewood Man Arrested for Possession of Child Pornography

A southwest suburban man was arrested earlier this week at his Shorewood residence and was charged with possession of child pornography. The arrest was announced today by Robert D. Grant, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation (FBI).

CHRISTOPHER KICE, age 41, of the 1100 block of Callaway Drive West, was arrested Monday night, without incident, by Special Agents assigned to the Chicago FBI’s Innocent Images Task Force (IITF). KICE was charged in a criminal complaint filed earlier this week in U.S. District Court in Chicago with one count of Possession of Child Pornography, which is a felony offense.

According to the complaint, investigators were first alerted to KICE’s possible involvement in the collection of child pornography by his employer, an unnamed Chicago area law firm where KICE was employed in the Information Technology Department. When co-workers noticed that numerous large files with suspicious sounding names, such as “kiddie” and “pre-teen”, had been downloaded on a company computer then transferred to removable storage devices, they notified the IITF.

Initial investigation by IITF personnel developed probable cause to conduct a search of KICE’s residence, which took place on March17th of this year, pursuant to a Federal search warrant. During the search, several computer hard drives and other digital storage devices were seized. A preliminary forensic review of the digital devices recovered during the search discovered numerous images and videos of what appeared to be child pornography.

A subsequent forensic examination conducted by the Chicago Regional Computer Forensic Laboratory (RCFL) discovered alleged pornographic images on one of the computer hard drives of what appeared to be a minor female child. Investigators recognized the background on these images, indicating that they might have been taken inside KICE’s residence. This discovery led investigators to arrest KICE that same evening.

KICE appeared before Magistrate Judge Maria Valdez in Chicago on Tuesday, at which time he was formally charged. KICE was ordered held without bond, pending his next court appearance, which is scheduled for tomorrow (Friday) at 2:00 PM before Judge Valdez. Until then, KICE will be held at the Metropolitan Correctional Center (MCC) in Chicago. If convicted of the charge filed against him, KICE faces a possible sentence of up to ten (10) year’s incarceration.

A photograph of KICE accompanies this release. Anyone recognizing him or having any information which might be relevant to this investigation is asked to call the Chicago FBI at (312) 421-6700.

The FBI’s Innocent Images initiative was established in 1996 and is part of a nationwide effort to combat the manufacture, distribution and possession of child pornography. At present, there are 43 separate Innocent Images task forces in various FBI offices around the country, which are investigating similar cases.

The public is reminded that a complaint is not evidence of guilt and that all defendants in a criminal case are presumed innocent until proven guilty in a court of law.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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William H. Noble Indicted by a Massachusetts Federal Grand Jury for Allegedly Transporting Child Pornography and Possessing Child Pornography

August 25, 2011

The Federal Bureau of Investigation (FBI) on August 24, 2011 released the following:

“Massachusetts Man Arrested and Charged in Child Pornography Case

WASHINGTON—A Lowell, Massachusetts man charged with transportation and possession of child pornography made his initial appearance today in U.S. District Court in Boston, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Carmen M. Ortiz of the District of Massachusetts, and Special Agent in Charge Richard DesLauriers of the FBI Boston Division.

William H. Noble, 46, of Lowell, was charged in an indictment unsealed yesterday with one count of transportation of child pornography and one count of possession of child pornography. Noble was arrested yesterday in the District of Massachusetts.

According to the indictment, in April 2009, Noble allegedly transported visual depictions of minors engaging in sexually explicit conduct. The indictment also alleges that Noble possessed additional images of child pornography.

In a separate indictment unsealed in the District of Massachusetts on Aug. 17, 2011, Steven Saunders, 28, was charged with one count of possession of child pornography. Saunders, a current resident of Chula Vista, Calif., and a former resident of Groton, Mass., was arrested on Aug. 17, 2011, in the Southern District of California. According to the indictment, on April 15, 2009, Saunders allegedly possessed visual depictions of minors engaging in sexually explicit conduct.

The maximum sentence for each count of possession of child pornography is 10 years in prison, lifetime supervised release and a $250,000 fine. The maximum sentence for each count of transportation of child pornography is 20 years in prison, lifetime supervised release and a $250,000 fine.

These cases are being prosecuted by Trial Attorney Thomas Franzinger of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael I. Yoon of District of Massachusetts Major Crimes Unit. The cases are being investigated by the FBI. The Groton Police Department is also investigating the case against Noble.

These cases were brought as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov/.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Roxanne Janel Jones and Taj A. Isaiah Indicted by a Kansas City Federal Grand Jury for Conspiracy and Wire Fraud. Jones is also Charged with Mail Fraud and Aggravated Identity Theft.

August 12, 2011

The U.S. Attorney’s Office District of Kansas on August 11, 2011 released the following:

“Indictment: Adoption Fraud
Targeted Would-Be Parents For Cash, Gifts

KANSAS CITY, KAN. – A Kansas City woman and a man who allegedly posed as her boyfriend have been indicted on charges of running an adoption scam in which she pretended to be pregnant with twins and willing to let them be adopted in return for money and gifts, U.S. Attorney Barry Grissom said today.

The indictment alleges the defendants defrauded 14 couples who spent money hiring attorneys and adoption agencies, purchasing airline tickets, booking hotel rooms and making gifts they believed would pave the way for them to adopt.

Roxanne Janel Jones, 34, Kansas City, Mo., and Taj A. Isaiah, 28, Kansas City, Mo., are charged with one count of conspiracy and four counts of wire fraud. In addition, Jones is charged with three counts of mail fraud and one count of aggravated identity theft.

Jones initially was charged in a criminal complaint filed April 13, 2011, in U.S. District Court in Kansas City.

The indictment alleges Isaiah was an acquaintance of Jones who helped her with the scam by pretending at various times to be her husband, her boyfriend or her landlord. The indictment alleges the defendants defrauded couples from California, Georgia, Massachusetts, Minnesota, New York and Tennessee, as well as Bonner Springs, Kan., Olathe, Kan., Shawnee, Kan., Leavenworth, Kan., and Florence, Kan.

In one case, the indictment alleges, Jones contacted American Adoptions, an adoption agency in Overland Park, Kan., claiming to be pregnant with twin boys and willing to give them up for adoption. Jones told the company’s adoption specialist she needed help with rent and groceries. As a result, a couple in Minnesota wired $16,265 to an escrow account in Kansas City and the adoption agency began drawing from the account to make payments to Jones.

In another case, the indictment alleges, a California couple flew to Kansas City where they took Jones and Isaiah to dinner and bought Jones massages, a haircut, groceries and meals. When Jones sent them texts to say the twins had been born and could be picked up at the nursery at KU Medical Center, the hospital told the couple there was no record of Jones giving birth. When Jones tried to renew the talk of adoption, she told the couple at various times she had been diagnosed with a brain tumor and she had been injured in a car accident.

Upon conviction, the crimes carry the following penalties:
Conspiracy: A maximum penalty of 20 years in federal prison and a fine up to $1 million.
Wire fraud: A maximum penalty of 20 years in federal prison and a fine up to $1 million on each count.
Mail fraud: A maximum penalty of 20 years in federal prison and a fine up to $1 million on each count.
Aggravated identity theft: A mandatory two years consecutive to other sentences and a fine up to $250,000.

The Overland Park Police Department and the U.S. Secret Service investigated. U.S. Attorney Barry Grissom and Assistant U.S. Attorney Chris Oakley are prosecuting.

OTHER INDICTMENTS

A grand jury meeting in Kansas City, Kan., also returned the following indictments:

Craig Williams, 21, is charged with one count of possession with intent to distribute crack cocaine and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred April 28, 2011, in Kansas City, Kan.

If convicted, he faces a penalty of not less than 5 years and not more than 40 years in federal prison and a fine up to $5 million on the possession with intent to distribute charge, and a penalty of not less than 5 years and not more than life and a fine up to $250,000 on the firearms charge. The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Jeffrey Whitmore, 37, Kansas City, Kan., is charged with one count of possession with intent to distribute marijuana, one count of possession with intent to distribute crack cocaine, one count of unlawful possession of a firearm in furtherance of drug trafficking and one count of unlawful possession of a firearm after a felony conviction. The crimes are alleged to have occurred July 20, 2011, in Kansas City, Kan.

Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute marijuana: A maximum penalty of five years in federal prison and a fine up to $250,000.

Possession with intent to distribute crack cocaine: A maximum penalty of 20 years and a fine up to $1 million.

Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and not more than life and a fine up to $250,000.

Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.

The Kansas City, Kan., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.

John B. Holmes, 34, is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of possession with intent to distribute marijuana within 1,000 feet of Olathe North High School, one count of unlawful possession of a firearm after a felony conviction, and one count of maintaining a residence for the purpose of drug trafficking. The crimes are alleged to have occurred March 17, 2011, in Johnson County, Kan.

Upon conviction the crimes carry the following penalties:
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and not more than life and a fine up to $250,000.

Possession with intent to distribute within 1,000 feet of a school: Not less than one year and not more than 10 years and a fine up to $50,000.

Unlawful possession of a firearm after a felony conviction: A maximum penalty of 10 years and a fine up to $250,000.

Maintaining a residence in furtherance of drug trafficking: Not less than one year and not more than 40 years and a fine up to $1 million.

The Olathe Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Sheri McCracken is prosecuting.

Jimmy A. Barnes, 41, Iola, Kan., and Stacy Lynn Burdine, 42, Iola, Kan., are charged with two counts of distributing methamphetamine and one count of possession with intent to distribute methamphetamine. In addition, Barnes is charged with one count of unlawful possession of a firearm in furtherance of a drug trafficking crime, one count of unlawful possession of a sawed off shotgun, and one count of unlawful possession of a firearm while a user of controlled substances. The crimes are alleged to have occurred in January and February 2011 in Allen County, Kan.

Upon conviction, the crimes carry the following penalties:
Distributing methamphetamine: A maximum penalty of 20 years and a fine up to $1 million.
Possession with intent to distribute methamphetamine: A maximum penalty of 20 years and a fine up to $1 million.

Unlawful possession of a firearm in furtherance of drug trafficking: Not less than 10 years and not more than life and a fine up to $4 million.

Unlawful possession of a sawed off shotgun: A maximum penalty of 10 year and a fine up to $250,000.
Unlawful possession of a firearm by a user of controlled substances: A maximum penalty of 10 year and a fine up to $250,000.

The Kansas Bureau of Investigation investigated. Special Assistant U.S. Attorney Aaron Smith is prosecuting.

Leon Smith, 54, is charged with one count of distributing child pornography and one count of possessing child pornography. The crimes are alleged to have occurred in June and November 2010 in Leavenworth, Kan.

If convicted, he faces a penalty of not less than five years and not more than 20 years and a fine up to $250,000 on the distribution charge, and a maximum penalty of 10 years and a fine up to $250,000 on the possession charge. The FBI investigated. Assistant U.S. Attorney Scott Rask is prosecuting.

Raul Zapata-Martinez, 35, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found July 20, 2011, in Wyandotte County, Kan.

If convicted, he faces a maximum penalty of 20 years without parole and a fine up to $250,000. Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Jabari Wamble is prosecuting.

Manuel Amparan-Mendoza, a citizen of Mexico, is charged with three counts of possession and use of false documents and three counts of aggravated identity theft. The crimes are alleged to have occurred at various times in 2008, 2010 and 2011 in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of 10 years without parole and a fine up to $250,000 on each false document charge and a mandatory two years consecutive to any other sentence on each aggravated identity theft count. The Wichita Police Department and Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Laura Velasquez-Galvan, 26, a citizen of Mexico, is charged with one count of possession of false documents, three counts of aggravated identity theft, one count of making a false statement on an I-9 Employment Eligibility Verification form, and one count of misusing a Social Security card. The crimes are alleged to have occurred in 2007 in Saline County, Kan.

Upon conviction, the crimes carry the following penalties:
Possession of false documents: A maximum penalty of 10 years in federal prison without parole and a fine up to $250,000.

Aggravated identity theft: A mandatory two years in prison to run consecutively to any other sentence on each count and a fine up to $250,000.

False statement on an I-9 form: A maximum penalty of five years without parole and a fine up to $250,000.
Misusing a Social Security number: A maximum penalty of five years without parole and a fine up to $250,000.

The Salina Police Department and Immigration and Customs Enforcement’s Homeland Security Investigations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Michael E. Best, 46, Scammon, Kan., is charged with one count of distributing Hydrocodone within 1,000 feet of a public school and one count of possessing Hydrocodone within 1,000 feet of a public school. The crimes are alleged to have occurred in June and July 2011 in Cherokee County, Kan.

If convicted, he faces a penalty of not less than one year and not more than 20 years without parole and a fine up to $1 million on each count. The Cherokee County Sheriff’s Department and the Kansas Bureau of Investigation investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

Larry L. Lyons, 57, Wichita, Kan., is charged with one count of fraudulently receiving Social Security Disability Insurance benefits. The crime is alleged to have occurred Dec. 20, 2010, in Sedgwick County, Kan.

If convicted, he faces a maximum penalty of five years without parole and a fine up to $250,000. The Social Security Administration – Office of Inspector General and the Kansas Department of Revenue investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.”

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Pedro Rosales of Houston Indicted by a Houston Federal Grand Jury for Possessing and Distributing Child Pornography

August 6, 2011

The U.S. Attorney’s Office Southern District of Texas on August 5, 2011 released the following:

“32-Year Old Houston Man Indicted for Distributing and Possessing Child Pornography Ordered Held Without Bond

HOUSTON – A 32-year-old Houston resident has been ordered to remain in federal custody without bond pending trial on charges of possessing and distributing child pornography, United States Attorney José Angel Moreno announced today.

Following a detention hearing this morning, U.S. Magistrate Judge Stephen W. Smith ordered Pedro Rosales, 32, to remain in federal custody pending trial. Indicted on July 26, 2011, by a Houston grand jury, Rosales was transferred on Aug. 2, 2011, from state custody where he has been held since a January 2011 arrest of similar state charges.

The federal charges against Rosales are the result of an investigation conducted by the United States Secret Service (USSS) and members of the Houston Metro Internet Crimes Against Children Task Force (Houston Metro ICAC). During today’s hearing, the court heard testimony regarding that investigation. According to that testimony, Rosales was making child pornography available to others through the use of Peer to Peer software over the Internet. A special agent downloaded an image of child pornography from the extensive list Rosales had allegedly made available on line to those using similar Peer to Peer software by Rosales. The images, which included children under the age of 12 being sexually violated by adults, or positioned in poses which exposed their genitalia in a lewd/lascivious manner or being subjected to bondage, were available from a “shared” folder on his computer.

As part of the investigation, agents obtained records identifying the computer, its location and the subscriber information identifying Rosales. In early January 2011, investigating agents executed a warrant at Rosales’ Houston area home and seized a computer which upon forensic examination was found to contain more than 600 digital images and approximately 36 videos of child pornography. The court also heard testimony that Rosales allegedly attempted to persuade a juvenile family member to claim responsibility for the child pornography believing that if the juvenile claimed the images/videos, the family member would not be prosecuted because of age.

If convicted of distributing child pornography, Rosales faces a minimum sentence of five years and a maximum of 20 years imprisonment without parole to be followed by a term of supervised release for any term of years up to life during which the court can impose a number of special conditions designed to protect children. Statutorily, the penalty for a possession of child pornography conviction carries a maximum prison term of 10 years. Additionally, if convicted, Rosales will be required to register as a sex offender. Trial is presently set before United States District Court Judge Vanessa D. Gilmore on Oct. 11, 2011.

This case 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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov.

Assistant United States Attorney Sherri L. Zack is prosecuting the case.”

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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