Bill saves Lives and Taxpayer Money
The Senate voted to save Georgians’ lives today by passing Senate Bill 458, Sen. Thomas’ (R-Dalton) seat belt legislation, which closes the pick-up truck loophole in current seat belt laws. SB 458 passed with a vote of 45-2.
“This is an exciting day in the Senate,” said Thomas. “We have once again voted to save lives and money by passing this legislation. With new leadership in the House, I am confident this bill will end up on the governor’s desk.”
In Georgia alone, over 67 percent of pick-up truck related deaths came from those not wearing a seat belt. Closing the pickup truck loophole will save Georgians $25 million in Medicaid costs over a 10-year period. Additionally, Georgia will become eligible for federal incentive grants from the Traffic Safety Institute once this legislation is passed.
Current law requires each occupant of the front seat of a car, van, or SUV to be restrained by a seatbelt. This legislation redefines the term “passenger vehicle,” requiring all passengers in the front seat of a pickup truck are restrained by a seatbelt. The bill exempts off-road and pick-up trucks involved in agricultural operations.
Sen. Don Thomas serves as chairman of the Health and Human Services Committee. He represents the 54th Senate District, which includes Murray and Whitfield counties and portions of Catoosa and Gordon counties. He may be reached by phone at 404-656-6436 or by e-mail at don.thomas@senate.ga.gov.
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Wednesday, March 24, 2010
Senate passes Seat Belt Legislation
Atlanta Man Pleads Guilty to Making False Statements to the FDIC and Aggravated Identity Theft
BRENT MERRIELL, 37, of Atlanta, Georgia, pleaded guilty today in federal district court to charges of making false statements to the Federal Deposit Insurance Corporation (FDIC) and aggravated identity theft.
United States Attorney Sally Quillian Yates said, “This case demonstrates our resolve to prosecute those who attempt to cheat the FDIC as that agency works to secure the assets of hard-working Americans deposited in this country’s banks.The FDIC has limited resources to guarantee deposits across this country, and we will not ignore attempts by criminals like Merriell to steal money intended to protect honest citizens.”
According to United States Attorney Yates, the charges and other information presented in court: MERRIELL obtained millions of dollars in loans from Omni National Bank before Omni’s failure and takeover by the FDIC on March 27, 2009.Beginning in October 2009, when he was facing foreclosure on 14 different properties, MERRIELL asked the FDIC to forgive $2.2 million in Omni loan payoffs and allow him to “short sale” two properties each to seven new purchasers at greatly reduced amounts.
A “short sale” occurs when a lender agrees to the sale of property—on which the current owner has defaulted—to a third party for less than the full amount due on the loan.Lenders are willing to accept “short sales” as a means of reducing their losses on bad loans and assisting the distressed property owner. In this case, MERRIELL attempted to arrange short sales in the names of people whose identities had been stolen, and he submitted forged and counterfeited sales contracts and loan commitment letters to the FDIC in support of the sales.MERRIELL was arrested before he could complete these sales and ruin the credit of the persons whose identities he stole.
MERRIELL was indicted on the charges in December 2009. He could receive a maximum sentence of up to 30 years in prison and a fine of up to $1,000,000 for the false statements crime, as well as a mandatory consecutive sentence of two years in prison and a fine up to $250,000 for the aggravated identity theft.In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing is scheduled for May 25, 2010, at 2 p.m. before United States District Judge Jack T. Camp.
Additional Omni-related prosecutions to date include:
MARK ANTHONY MCBRIDE, 43, of East Point, Georgia, who pleaded guilty on April 4, 2009, to fraudulently obtaining millions of dollars in mortgage loans from Omni and other lenders, is scheduled to be sentenced on April 1, 2010, at 2:00 p.m., before United States District Judge Jack T. Camp. MCBRIDE remains in jail while awaiting sentencing.
JEFFREY L. LEVINE, 68, of Atlanta, Georgia, who pleaded guilty on January 14, 2010, to causing materially false entries that overvalued bank assets to be made in the books, reports and statements of Omni, is scheduled to be sentenced on May 25, 2010, at 10:00 a.m., before United States District Judge Jack T. Camp.
DELROY OLIVER DAVY, 37, of Lithonia, Georgia, was charged in a Criminal Information on December 18, 2009, with bank fraud and conspiracy to commit bank, mail, and wire fraud in connection with a scheme to fraudulently obtain millions of dollars of mortgage loans from Omni and other lenders. At his initial appearance, DAVY waived indictment and is now scheduled to plead guilty on May 11, 2010, at 2 p.m.before United States District Judge Jack T. Camp.
These cases are being investigated by Special Agents of a Mortgage Fraud Task Force formed for Omni-related cases, made up of the Housing and Urban Development (HUD) - Office of Inspector General, the United States Postal Inspection Service, the FDIC -Office of Inspector General, the Office of the Special Inspector General for the Troubled Asset Relief Program, and the Federal Bureau of Investigation. The Task Force is continuing to investigate a number of Omni-related matters.
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Wednesday, March 17, 2010
Georgia Man Pleads Guilty to Production of Child Pornography Using Hidden Videos in Store Bathrooms
/PRNewswire/ -- Jeffrey Alan Wasley of Kennesaw, Ga., pleaded guilty today to production of child pornography related to surreptitiously videotaping young boys using public restrooms in Atlanta-area establishments, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney for the Northern District of Georgia Sally Quillian Yates.
Wasley, 38, pleaded guilty before U.S. District Judge Clarence Cooper to producing child pornography. According to court documents and information presented at today's plea hearing, Wasley was a church youth counselor and former performing magician who stalked young boys in retail stores and children's attractions. When Wasley observed young boys entering a restroom unaccompanied by an adult, he admitted he would also enter and secretly videotape the boys.
In July 2008, Wasley victimized five and seven year-old brothers in the men's restroom of a store in Kennesaw, according to information filed with the court and discussed at the plea hearing. These boys reported Wasley's conduct to their mother, who in turn notified store security. According to court documents, store security and Cobb County police were able to identify a likely suspect from store surveillance footage. When store security observed this same individual in the store several days later, they followed him to his car and noted his car's tag number, which was linked to Wasley. A subsequent search of Wasley's home yielded a computer containing six videos Wasley admitted he produced of boys in public restrooms, along with thousands of additional images of child pornography that Wasley had downloaded from the Internet.
Sentencing has been scheduled for June 10, 2010. At sentencing, Wasley faces a minimum mandatory prison term of 15 years, a maximum term of 30 years, a fine of up to $250,000 and the possibility of a lifetime period of supervised release.
This case was investigated by the U.S. Secret Service and the Cobb County Police Department. This case was prosecuted by Assistant U.S. Attorneys Robert McBurney and Francey Hakes of the U.S. Attorney's Office for the Northern District of Georgia and Trial Attorney Andrew McCormack of the Criminal Division's Child Exploitation and Obscenity Section.
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Tuesday, March 16, 2010
A Warning to Parents about "Synthetic Cannabis", or K2
The following message is being passed on from Save Our Society from Drugs (www.saveoursociety.org):
Several recent media reports on a synthetic, cannabis-like drug have brought K2, also known as Spice, to the forefront of drug policy discussions across our nation.
K2 is a mixture of plant products marketed and sold as incense but purchased because it is sprayed with JWH 018 and JWH-073, synthetic potent psychotropic compounds similar to cannabis.
Selling for approximately $30 a package, K2 has become so popular that retailers have a hard time keeping it on the shelves.
While the long-term effects of K2 are relatively unknown, what we do know is frightening. Information from users such as increased heart rates, elevated blood pressure and vomiting suggest that K2 is affecting the cardiovascular system and causing hallucinations and, in some cases, seizures.
Legislation to ban synthetic cannabis products passed both chambers of the Kansas legislature and awaits action from the governor, and similar legislation has been introduced in Missouri.
Availability and use of K2 is not limited to the Midwest; its popularity as a legal high has intrigued individuals across the nation, and its use among our nation's youth is growing at an alarming rate.
K2 is sold under the names Spice, Blayze II, RedBird, Mojo, Voo Doo Magic, Spice Gold, Yucatan Fire, Demon and Serenity.
While legislative efforts in some areas and research on the potential harms of K2 are underway, parents should be watchful for warning signs of use, such as agitation, pale appearance or confusion due to hallucinations.
-End Save Our Society Message-
At least one teen has been hospitalized this year in Georgia (Gwinnett County) after smoking K2.
Learn more at:
http://www.saveoursociety.org
http://www.sciencedaily.com/releases/2010/03/100303092405.htm
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Saturday, March 13, 2010
Infant Deaths Prompt CPSC Warning About Sling Carriers for Babies
The U.S. Consumer Product Safety Commission (CPSC) is advising parents and caregivers to be cautious when using infant slings for babies younger than four months of age. In researching incident reports from the past 20 years, CPSC identified and is investigating at least 14 deaths associated with sling-style infant carriers, including three in 2009. Twelve of the deaths involved babies younger than four months of age.
Slings can pose two different types of suffocation hazards to babies. In the first few months of life, babies cannot control their heads because of weak neck muscles. The sling's fabric can press against an infant's nose and mouth, blocking the baby's breathing and rapidly suffocating a baby within a minute or two. Additionally, where a sling keeps the infant in a curled position bending the chin toward the chest, the airways can be restricted, limiting the oxygen supply. The baby will not be able to cry for help and can slowly suffocate.
Many of the babies who died in slings were either a low birth weight twin, were born prematurely, or had breathing issues such as a cold. Therefore, CPSC urges parents of preemies, twins, babies in fragile health and those with low weight to use extra care and consult their pediatricians about using slings.
Two months ago, the Commission added slings to the list of durable infant products that require a mandatory standard. Additionally, CPSC staff is actively investigating these products to determine what additional action may be appropriate. Until a mandatory standard is developed, CPSC is working with ASTM International to quickly complete an effective voluntary standard for infant sling carriers.
CPSC recommends that parents and caregivers make sure the infant's face is not covered and is visible at all times to the sling's wearer. If nursing the baby in a sling, change the baby's position after feeding so the baby's head is facing up and is clear of the sling and the mother's body. Parents and caregivers should be vigilant about frequently checking their baby in a sling.
CPSC is interested in receiving incident or injury reports that are directly related to infant slings. You can do this by visiting www.cpsc.gov/cgibin/incident.aspx or call CPSC's Hotline at (800) 638-2772.
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Friday, March 12, 2010
Former Georgia Closing Attorney Sentenced to Prison in Multimillion Dollar Mortgage Fraud
/PRNewswire/ -- Trent Edward Wright, 38, of Cumming, Ga., was sentenced today by U.S. District Judge Timothy C. Batten, Sr. to serve one year, nine months in federal prison on a mail fraud charge involving a mortgage fraud scheme which victimized lenders and title insurance companies.
Acting U.S. Attorney Sally Quillian Yates said of today's sentencing, "Lenders and title companies relied on this defendant as their closing attorney and agent and he was in a position of trust. He was supposed to pay off all prior encumbrances on properties to secure loans, and pass clear title as warranted by the title insurance. He didn't. Now he is going to federal prison."
Wright was sentenced to one year, nine months in prison to be followed by 3 years of supervised release, and ordered to pay $2,409,760 in restitution to the victims of the scheme. There is no parole in the federal system. Wright pleaded guilty to the mail fraud charge in a criminal information on Dec. 17, 2009.
According to Acting U.S. Attorney Yates and the information presented in court: In September, October and November 2006, Wright, then a real estate closing attorney operating from an office in Sugar Hill, Ga., closed approximately 17 loans in which lenders were falsely assured that all prior loans encumbering the properties securing their loans had been paid off. Those lenders then believed that they would be in first position to recoup their loan amounts from the sale of the properties should they go into foreclosure. Wright also wrote title insurance for these loans although he failed to pay off numerous prior recorded liens which encumbered the properties. Rather than ordering title searches and requesting pay off amounts from all prior lenders as required before the new loan closings, Wright either failed to order title searches or disregarded recorded prior encumbrances, causing over $2.4 million in losses. Wright closed his law practice in January 2007, and surrendered his license to practice law in December 2009.
A co-conspirator in a related case, Edward William Farley, 47, of Hoschton, Ga., operated through a company called Alliance Resource Management (ARM) located in Lawrenceville, Ga., as the borrower who received the proceeds from the 17 mortgage loans closed by Wright. In seeking funds for other loans, Farley told real estate investors, lenders, and banks, that they would get returns of 14% to 60%. Farley also promised them that they, too, would be first position to recoup their loan amounts from the sale of the properties should they go into foreclosure. Farley in fact used the same property to falsely "fully secure" multiple lenders on that same property. This fraud caused losses in excess of $25 million.
Farley pleaded guilty to bank fraud and conspiracy on Nov. 5, 2009, and is scheduled for sentencing before Judge Batten on April 14, 2010. Farley could receive a maximum sentence of 30 years in prison and a fine of up to $1,000,000 on each of the two counts, plus full restitution to all victims who have not been repaid. In determining the actual sentence, the court will consider the U.S. Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
These cases are part of President Barack Obama's Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
These cases were investigated by Special Agents of the FBI, assisted by the Office of the U.S. Bankruptcy Trustee.
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Saturday, March 6, 2010
PTC Rotary Honors "2009 Fire Fighter of the Year "
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Friday, March 5, 2010
Former Fulton County Lieutenant Convicted of Civil Rights Violation in Inmate Beating
A federal jury today returned guilty verdicts against former Fulton County Sheriff's Deputy ROBERT W. HILL, Jr., 47, of Atlanta, Georgia, on one count of violating the civil rights of an inmate by using excessive force, one count of solicitation to commit a crime of violence (excessive force), two counts of obstruction of justice, and one count of lying to an FBI agent. The trial lasted three days. The jury deliberated approximately five hours before reaching the verdicts.
Acting United States Attorney Sally Quillian Yates said of the verdict, “This Fulton County Jail Watch Commander not only was involved in beating an inmate, he used his supervisory power to attempt to pressure others to cover up the incident. Fortunately, some of those under him did not succumb to his pressure and testified truthfully against him. The jury came back with a verdict that reflected the reality of what happened. As in other cases involving the Fulton County Jail, the message is the same: illegal treatment of inmates and lying about it will not be tolerated. This former law enforcement officer now faces jail himself.”
Acting FBI Atlanta Special Agent in Charge Howard H. Hatfield said, “The jury spoke loud and clear that civil rights abuses in a correctional institution will not be tolerated nor will the subsequent attempts to cover up those violations. The FBI will continue to seek the truth in such matters in spite of efforts to obstruct our investigations.”
According to Acting United States Attorney Yates, and the evidence presented in court: HILL, a former sheriff's lieutenant assigned to the Fulton County Jail, was in charge of the facility as the Watch Commander on August 9, 2008. During a morning roll call, HILL made remarks to his staff which included a directive regarding the use of force against inmates. According to witnesses and HILL's own recollection of the event, he told his subordinate officers that if an inmate touches an officer, that inmate should go to Grady Hospital.
Later that very day, Inmate Christopher Trammell, a pre-trial detainee with mental health issues, was involved in a physical altercation with a number of detention officers, including HILL. HILL was injured during the altercation. Eyewitnesses testified and a video surveillance recording showed that after the altercation, HILL picked Trammell up from the floor and escorted him into a nearby nurse station, which did not have a window and was not equipped with a surveillance camera. A group of at least 11 detention officers followed HILL and Inmate Trammell into the room. The video surveillance recording shows that after the group entered the room, the door was closed. Five officers testified that inside the room, HILL assaulted Trammell. Several of the witnessed testified that HILL struck Trammell multiple times about his face and head. Witnesses also said that after the assault, Trammell was bleeding from his face and blood was left on the floor of the nurse station.
Evidence presented also included HILL's report about the incident, which did not mention any use of force against Trammell inside the nurse station. In an interview with an FBI agent during the investigation of the matter, HILL insisted that he "in no way witnessed" Trammell being assaulted in the nurse station. HILL did, however, admit to an FBI agent, that he made the statement at roll call about sending inmates to Grady Hospital. According to the FBI agent, HILL quoted himself saying “if an inmate puts a hand on staff, then he is going to Grady.” HILL further explained to the agent that this is the custom of the jail—“meaning you will get your (deleted) whooped.”
According to the testimony of three officers who witnessed the assault, HILL met with them numerous times following his interview with the FBI. These witnesses testified that HILL repeatedly told them that nothing illegal happened in the nurse station and that they should “stick to the story” if they were questioned about the incident by federal authorities.
Sentencing is scheduled for May 17, 2010 before United States District Judge Thomas W. Thrash. HILL faces a sentence of up to 10 years in prison on each of counts one and two, up to 20 years on each of counts three and four, and up to five years in prison on count five. He also faces a fine of up to $1.25 million. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
This case was investigated by the FBI.
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Twenty-Six MS-13 Gang Members Indicted on Racketeering Charges
A federal indictment was unsealed March 4 charging 26 members of the violent street gang called “Mara Salvatrucha”(“MS-13”) with federal racketeering and related crimes in metropolitan Atlanta.
The 29-count indictment alleges that the defendants conspired to participate in the affairs of MS-13, an international violent criminal organization with approximately 10,000 members in various nations in North America, through a pattern of racketeering activity, which included multiple crimes of murder, attempted murder, kidnapping, and robbery in metropolitan Atlanta. It further alleges that the defendants conspired to preserve and enhance the power and reputation of the organization through acts of violence, to keep victims and community members in fear of the organization through acts and threats of violence, and to obstruct and prevent law enforcement officials from identifying, apprehending, and successfully prosecuting members of the gang for their violent criminal conduct.
“MS-13 is a ruthless street gang that has used violence to spread fear throughout our community,” said Sally Quillian Yates, Acting United States Attorney. “These gang members seized every chance they had to kill, shoot and rob. They were not only devoted to wiping out rival gangs, but they showed no hesitation in robbing and shooting innocent victims. Now these gang members have to answer for their criminal behavior. Today’s indictment is the product of tremendous cooperation between federal agents and local law enforcement officers. Because of our intensive collaboration to bring these violent gang members to justice, residents in Gwinnett and DeKalb Counties are safer.”
“Gang members here in Georgia have become a growing problem which law enforcement has been tackling for the past several years and today’s indictments represent a victory for the law enforcement community which has been working relentlessly to pursue them and ensure that they feel the full weight of the law,” said Kenneth Smith, Special Agent in Charge of the ICE Office of Investigations in Atlanta.
“The case shows the value of collaborative efforts of state and federal agencies to bring to justice a dangerous street gang through our combined efforts,” said Danny Porter, Gwinnett County District Attorney. “The Gwinnett County Police Department working with ICE were able to bring charges which led to statements which are integral to the pending federal case. My office moved the cases forward while protecting the integrity of the federal investigation. This type of coordination is becoming more necessary as we face these sophisticated criminal organizations.”
“I applaud the efforts of Acting United States Attorney Sally Yates, her staff and all of those involved in bringing forward this important case. This indictment represents the sort of decisive action against criminal street gangs like MS-13 that is critical in protecting our community from criminal street gang violence,” said Gwen Keyes Fleming, DeKalb County District Attorney. “My office remains prepared to provide the United States Attorney and her staff with whatever assistance and support they might need in bringing this case to a just conclusion.”
Four defendants made their initial appearance in court today and were arraigned on the charges before United States Magistrate Judge Gerrilyn Brill. Nine more defendants are scheduled to make their initial appearance in court and be arraigned on the charges tomorrow. The remaining defendants will make their initial appearance and be arraigned over the next few weeks. The charges were announced at a news conference in Atlanta this afternoon.
According to Acting United States Attorney Yates, the charges and other information presented in court: MS-13 is an international criminal gang that has been present in the Atlanta area since at least 2005. At that time, MS-13 staked out Gwinnett and DeKalb Counties as its territory. MS-13 gang members held meetings where they discussed attacking and killing rival gang members, collected money, shared firearms, and disciplined members who broke gang rules. Sixteen of the indicted defendants are charged for their alleged roles in committing seven murders, including four killings of suspected rival gang members, two murders of robbery victims, and one killing of a fellow gang member. These 16 defendants and others are also charged with shooting nine suspected rival gang members as well as three persons who were not gang members.
The grand jury indicted the individuals listed below on February 24, 2010, and charged them with committing the following offenses:
* MIGUEL ALVARADO-LINARES, a/k/a “Joker”, 21, of Norcross, Georgia, is charged with Racketeering Influenced and Corrupt Organization (RICO) conspiracy, three counts of Violent Crime in Aid of Racketeering (VICAR) involving murder, four counts of VICAR involving attempted murder, and seven counts of using a firearm in relation to the commission of a crime of violence.
* ERNESTO ESCOBAR, a/k/a “Pink Panther” and “Flaco,” 27, of Norcross, Georgia, is charged with RICO conspiracy, two counts of VICAR involving murder, two counts of VICAR involving attempted murder, and four counts of using a firearm in relation to the commission of a crime of violence.
* JOSE DELGADO, a/k/a “Fantasma”, 23, of Lawrenceville, Georgia, is charged with RICO conspiracy, three counts of VICAR involving murder, one count of VICAR involving attempted murder, and four counts of using a firearm in relation to the commission of a crime of violence.
* VICTOR PASTOR, a/k/a “Canario,” 25, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, one count of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* ALEX FERRUFINO, a/k/a “Whiskey,” 30, of Tucker, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* JOSEPH IVAN DIAS, a/k/a “Travieso,” 21, of Gainesville, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* DIMAS ALFARO-GRANADOS, a/k/a “Toro,” 27, of Duluth, Georgia, is charged with RICO conspiracy, two counts of VICAR involving murder, two counts of VICAR involving attempted murder, and four counts of using a firearm in relation to the commission of a crime of violence.
* MIGUEL GUEVARA, a/k/a “Blacky,” 26, of Fort Walton Beach, Florida, is charged with RICO conspiracy, one count of VICAR involving murder, one count of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* KENEDIS BONILLA, a/k/a “Mago,” 28, of Tucker, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, one count of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* SALVADOR FRANCO, a/k/a “Smiley,” 25, of Norcross, Georgia, is charged with RICO conspiracy, two counts of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* EDWIN MENJIVAR, a/k/a “Chilly Willy” and “Vago,” 28, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving attempted murder, and one count of using a firearm in relation to the commission of a crime of violence.
* WILLIAM ESPINOZA, a/k/a “Cheberria” and “El Crazy,” 29, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, one count of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* OMAR CUBILLOS, a/k/a “Pancho,” 25, of Gainesville, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, and one count of using a firearm in relation to the commission of a crime of violence.
* CARLOS MENDOZA, a/k/a “Catracho,” 24, of Atlanta, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, and one count of using a firearm in relation to the commission of a crime of violence.
* EMMANUAL HIDALGO, a/k/a “Scooby,” 24, of Chamblee, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, and one count of using a firearm in relation to the commission of a crime of violence.
* JAIRO REYNA OZUNA, a/k/a “Flaco,” 25, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* FRANCISCO RAMOS, a/k/a “Silent,” 25, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* JOSE HERNANDEZ, a/k/a “Sparky,” 22, of Norcross, Georgia, is charged with RICO conspiracy, one count of VICAR involving murder, and one count of using a firearm in relation to the commission of a crime of violence.
* CHRISTOPHER CASTRO RAMIREZ, a/k/a “Demente,” 21, of Norcross, Georgia, is charged with RICO conspiracy.
* ENZO BAIRES, a/k/a “Ghost,” 20, of Norcross, Georgia, is charged with RICO conspiracy.
* IRVIN MEJIA-CRUZ, a/k/a “Lil Triste and Triste,” 29, of Duluth, Georgia, is charged with RICO conspiracy.
* WALTER ALDANA, a/k/a “Goofy,” 19, of Norcross, Georgia, is charged with RICO conspiracy.
* WILLIAM PINEDA, a/k/a “Slayer,” 27, of Lawrenceville, Georgia, is charged with RICO conspiracy, one count of VICAR involving attempted murder, and one count of using a firearm in relation to the commission of a crime of violence.
* ELIO MARROQUIN-LOPEZ, a/k/a “Perico,” 23, of Chamblee, Georgia, is charged with RICO conspiracy, two counts of VICAR involving attempted murder, and two counts of using a firearm in relation to the commission of a crime of violence.
* ALEJANDRO GARCIA, a/k/a “Happy,” 27, of Chamblee, Georgia, is charged with RICO conspiracy, one count of VICAR involving attempted murder, and one count of using a firearm in relation to the commission of a crime of violence.
* REMBERTO ARGUETA, a/k/a “Pitufo,” 21, of Lilburn, Georgia, is charged with RICO conspiracy, one count of VICAR involving felony murder, and one count of using a firearm in relation to the commission of a crime of violence.
Seven other members of MS-13 have also been charged in separate federal indictments. FRANCISCO TEJADA-LANDAVERDE, a/k/a “Soldado,” ALDEN ONAN ESPANA, a/k/a “Kachita,” “Casper,” and “Axel Arias,” JOSE ROBERTO SALAZAR-ORELLANA, a/k/a “Tigre,” RONALD ESCOBAR-AGUINADA, and JUAN REYNALDO CORDOVA, a/k/a “Spunker,” were indicted by the grand jury on October 27, 2009, for committing five armed robberies of convenience stores in Gwinnett County in March 2009. On February 24, 2010, the grand jury indicted JERSON GOMEZ, a/k/a “Salvatrucha,” and ELMER RODRIGUEZ, a/k/a “Chifo,” for committing an armed robbery of a taxicab driver on March 1, 2009. In addition, through the course of this investigation, two other MS-13 members were charged with and sentenced for illegally reentering the United States without authorization. One other MS-13 member was charged with and sentenced for being an alien not lawfully admitted to this country who was in possession of a firearm. Since October 2007, Immigration and Customs Enforcement officials have deported 19 members of MS-13 who were not lawfully present in this country.
In addition to the above federal prosecutions, the state has charged and prosecuted 16 MS-13 members for their criminal gang activities.
Members of the public are reminded that the indictment contains only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.
This case is being investigated by Special Agents of U.S. Immigration and Customs Enforcement and the Federal Bureau of Investigation, with assistance from the U.S. Marshals Service, Gwinnett County Police Department, DeKalb County Police Department, Norcross Police Department, Chamblee Police Department, and the Gwinnett County Sheriff’s Office.
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Thursday, March 4, 2010
Three Members of a “Reverse” Mortgage Fraud Ring Charged
JONATHAN ALFRED KIMPSON, 27, of Lithonia, Georgia, and GIA HARRIS, 26, of Atlanta, Georgia, have been indicted by a federal grand jury on charges of conspiracy to commit financial institution fraud involving so-called "reverse" mortgages. KIMPSON was also charged with aggravated identity theft and wire fraud. KELSEY TORREY HULL, 38, of Lithonia, Georgia, was charged on February 25, 2010, in a Criminal Information related to the same scheme, on a charge of financial institution fraud and conspiracy.
Acting United States Attorney Sally Quillian Yates said, “These defendants are charged with profiting from the corruption of an FHA-insured program designed to assist seniors with either cash for equity in their home or with funds toward the purchase of a home. These defendants allegedly altered real estate records, used fake documents, and posed as realtors. This abuse of the system took money away from qualified senior citizens who need these funds. With these charges, we have taken the first steps to stop this crime and to reverse the damage these crimes have caused.”
Inspector General Kenneth Donahue, U.S. Department of Housing and Urban Development (HUD) said, “HUD's Home Equity Conversion Mortgages Program was created to help senior citizens find greater financial security through FHA-insured reverse mortgages loans. The HUD Office of Inspector General will aggressively investigate those who would prey on America's senior citizens through reverse mortgage fraud, and encourages anyone having knowledge of such schemes to contact our HUD hotline at 1-800-347-3735.”
KIMPSON and HARRIS were indicted separately on February 24, 2010, and HULL was charged in a Criminal Information the next day. The indictments and information were unsealed upon the arrest of KIMPSON and HARRIS when they appeared before United States Magistrate Judge Linda T. Walker today and entered not guilty pleas to the charges.
According to Acting United States Attorney Yates, the charges and other information presented in court: Reverse mortgages were designed to assist with the financial security of seniors, ages 62 or older. There are two types of reverse mortgages. In a “refi-reverse,” the senior homeowner receives money from the lender for a portion of their equity in the home they own. In a “purchase money reverse,” the senior homeowner receives money from the lender toward the purchase of a new home. Under both types of reverse mortgages, the senior does not have to repay the lender for as long as the senior lives in the home. However, refi-reverse mortgages fund only a percentage of the property value, requiring significant equity to remain in the property, and purchase money reverse mortgages require a significant down payment from senior borrowers, to establish equity in the property.
The indictment charges that KIMPSON, HARRIS, and HULL, in an attempt to take advantage of the system, allegedly faked the required down payments by the senior citizen to establish the equity needed in the home to qualify for the FHA-insured reverse mortgages. The defendants did this through bogus “gift” letters in amounts between $50,000 and $105,000. They used fake “HUD-1" Settlement Statements reflecting the sale of non-existent assets closed by fictitious law firms to show the source of the required down payments. All down payments were actually supplied by the defendants, not the senior citizens, to be returned to the defendants upon the reverse loan closings, along with profits far in excess of the true sales prices of the properties. The return of such payments to the defendants was disguised as seller proceeds or lien payoffs. All such reverse mortgages included fraudulently inflated appraisals.
KIMPSON’s charge of aggravated identity theft and wire fraud relates to a scheme to use stolen identities of realtors. KIMPSON allegedly used realtor passwords obtained in his and relatives' names, and in the stolen identities of other realtors. With that information, he allegedly falsified Georgia MLS records to create fake property sales at inflated amounts to support many of the properties' fraudulent appraisals.
The KIMPSON indictment charges a conspiracy count which carries a maximum sentence of up to 30 years in prison and a fine of up to $1,000,000, a wire fraud count with a maximum sentence of up to 30 years in prison and a fine of up to $250,000, and three aggravated identity theft counts which each carry a maximum sentence of up to two years in prison and a fine of $250,000 with at leas two years required to be imposed consecutive to the sentence on the other counts. The HARRIS indictment charges a conspiracy count which carries a maximum sentence of up to 30 years in prison and a fine of up to $1,000,000. The HULL Criminal Information charges a bank fraud count which carries a maximum sentence of up to 30 years in prison and a fine of up to $1,000,000, and a conspiracy count which carries a maximum sentence of up to 30 years in prison and a fine of up to $1,000,000. In determining the actual sentence upon any convictions in these cases, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Members of the public are reminded that the indictments and information contain only allegations. A defendant is presumed innocent of the charges and it will be the government's burden to prove a defendant's guilt beyond a reasonable doubt at trial.
These cases are being investigated by Special Agents of the HUD-Office of Inspector General and the Federal Bureau of Investigation (FBI). Assistance in this case is also being provided by the U.S. Department of Treasury Financial Crimes Enforcement Network (FINCEN) and the Georgia Multiple Listing Service.
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