Tuesday, July 31, 2012

Ailing Mexican Boy Granted Humanitarian Parole to Seek Medical Treatment in U.S.

As soon as Denise Gutierrez, a U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) victim assistance coordinator, laid eyes on pictures of 9-year-old José, she knew something had to be done.

José has had a large growth on his shoulder and neck since birth. Unfortunately, the growth continues to increase in size drastically and is beginning to affect both his eyesight and dental health. If the growth is left untreated, it will eventually spread to his heart. José's parents had repeatedly sought help from doctors in Mexico and El Paso, Texas, but they were always turned away and told nothing could be done.

José and his family live in Anapra, an impoverished and turbulent neighborhood in the Mexican border city of Juarez. Living conditions in Anapra are bleak. José's family has no electricity or running water, and there is no access to basic health care.

Church members in Rio Rancho, New Mexico, were participating in missionary work in Juarez when they first met José. They fell in love with José's spirit and kindness and felt compelled to find a way to help him. They reached out to Gutierrez, hoping that she could find a way to assist José.

"This little boy needed help, and I had to help," said Gutierrez. "I didn't know how I was going to help, but I needed to."

Gutierrez presented the pictures and explained José's story to HSI New Mexico Assistant Special Agent in Charge Kevin Abar, who immediately began planning a way for José to come to the United States for treatment. Abar worked with HSI El Paso, HSI Juarez and HSI's Office of International Affairs, as well as other federal agencies to coordinate José and his parents' entrance into the United States. U.S Customs and Border Protection granted José and his parents humanitarian parole after conducting the necessary background checks. Humanitarian parole is used to bring someone into the United States for a temporary period of time due to a compelling emergency.

The family's humanitarian parole lasts for 45 days. The cost of their stay in the country and the medical bills are covered by the church in Rio Rancho that first found José. During this initial stay, José will see a dentist, an ophthalmologist and other specialists. While 45 days is not enough to cure José, Gutierrez is optimistic.

"It's a step in the right direction," she says. "José will hopefully get a diagnosis within these 45 days."

Both Gutierrez and Abar agree that helping José is the right thing to do and that this young boy's situation transcends physical borders.

Monday, July 30, 2012

MS-13 Gang Member Pleads Guilty to Illegal Reentry

A citizen and national of El Salvador and a member of the
MS-13 street
gang who was previously convicted of sexually assaulting a child in Fairfax County, Va., pleaded guilty Thursday, July 26, 2012, to illegally reentering the United States after having been previously deported.


The case was investigated by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

According to court documents, Salvador Portillo, 30, illegally entered the United States and was removed by ICE Oct. 8, 2003. Thereafter, Portillo again illegally reentered the United States.

On Dec. 26, 2010, Portillo sexually assaulted an 8-year-old girl in Fairfax County. He was subsequently convicted of rape and sodomy in the Fairfax County Circuit Court and sentenced to 25 years in prison.

Portillo was indicted for illegal reentry Feb. 23 and transferred from state to federal custody July 12. He faces a maximum penalty of two years in federal prison when he is sentenced Aug. 31, which would follow the sentence term imposed by Fairfax County.

Virginia Assistant Attorney General and Special Assistant U.S. Attorney for the Eastern District of Virginia Marc Birnbaum are prosecuting the case on behalf of the United States.

Friday, July 27, 2012

Extensive ICE Operation Arrests 90, Millions of Synthetic Narcotics Seized

More than 90 individuals were arrested and approximately five million packets of finished designer synthetic drugs were seized in the first-ever nationwide law enforcement action against the synthetic designer drug industry responsible for the production and sale of synthetic drugs that are often marketed as bath salts, Spice, incense, or plant food. More than $36 million in cash was also seized.

As of July 26, 2012, more than 4.8 million packets of synthetic cannabinoids (K2, Spice) and the products to produce nearly 13.6 million more, as well as 167,000 packets of synthetic cathinones (bath salts), and the products to produce an additional 392,000 were seized.

Operation Log Jam was conducted jointly by the U.S. Drug Enforcement Administration and U.S. Immigration and Customs Enforcement (ICE), with assistance from the IRS Criminal Investigation, U.S. Postal Inspection Service, U.S. Customs and Border Protection, FBI, Food and Drug Administration's Office of Criminal Investigations, as well as state and local law enforcement members in more than 109 U.S. cities and targeted every level of the synthetic designer drug industry, including retailers, wholesalers and manufacturers.

"Today, we struck a huge blow to the synthetic drug industry. The criminal organizations behind the importation, distribution and selling of these synthetic drugs have scant regard for human life in their reckless pursuit of illicit profits," said Acting Director of ICE's Office of Homeland Security Investigations James Chaparro. "ICE is committed to working with our law enforcement partners to bring this industry to its knees."

"Although tremendous progress has been made in legislating and scheduling these dangerous substances, this enforcement action has disrupted the entire illegal industry, from manufacturers to retailers," said DEA Administrator Michele M. Leonhart. "Together with our federal, state and local law enforcement partners, we are committed to targeting these new and emerging drugs with every scientific, legislative and investigative tool at our disposal."


"The synthetic drug industry is an emerging area where we can leverage our financial investigative expertise to trace the path of illicit drug proceeds by identifying the financial linkages among the various co-conspirators," said Richard Weber, chief, IRS Criminal Investigation. "We will continue working with our law enforcement partners to disrupt and ultimately dismantle the highest level drug trafficking and drug money laundering organizations that pose the greatest threat to Americans and American interests."

"The U.S. Postal Inspection Service aggressively investigates the use of the U.S. Mail system for the distribution of illegal controlled substances and its proceeds. Our agency uses a multi-tiered approach to these crimes: protection against the use of the mail for illegal purposes and enforcement of laws against drug trafficking and money laundering. This includes collaboration with other agencies," said Chief Postal Inspector Guy J. Cottrell.

"The mission of U.S. Customs and Border Protection is to guard our country's borders from people and goods that could harm our way of life," said Acting Commissioner David V. Aguilar. "We are proud to be part of an operation that disrupts the flow of synthetic drugs into the country and out of the hands of the American people."

Over the past several years, there has been a growing use of, and interest in, synthetic cathinones (stimulants/hallucinogens) sold under the guise of "bath salts" or "plant food." Marketed under names such as "Ivory Wave," "Purple Wave," "Vanilla Sky," or "Bliss," these products are comprised of a class of dangerous substances perceived to mimic cocaine, LSD, MDMA and/or methamphetamine. Users have reported impaired perception, reduced motor control, disorientation, extreme paranoia, and violent episodes. The long-term physical and psychological effects of use are unknown but potentially severe.

These products have become increasingly popular, particularly among teens and young adults and those who mistakenly believe they can bypass the drug testing protocols that have been set up by employers and government agencies to protect public safety. They are sold at a variety of retail outlets, in head shops and over the Internet. However, they have not been approved by the Food and Drug Administration for human consumption or for medical use, and there is no oversight of the manufacturing process.

Smokable herbal blends marketed as being "legal" and providing a marijuana-like high have also become increasingly popular, particularly among teens and young adults, because they are easily available and, in many cases, they are more potent and dangerous than marijuana.

These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. Just as with the synthetic cathinones, synthetic cannabinoids are sold at a variety of retail outlets, in head shops and over the Internet. Brands such as "Spice," "K2," "Blaze," and "Red X Dawn" are labeled as incense to mask their intended purpose.

While many of the designer drugs being marketed today that were seized as part of Operation Log Jam are not specifically prohibited in the Controlled Substances Act (CSA), the Controlled Substance Analogue Enforcement Act of 1986 (AEA) allows these drugs to be treated as controlled substances if they are proven to be chemically and/or pharmacologically similar to a Schedule I or Schedule II controlled substance. A number of cases that are part of Operation Log Jam will be prosecuted federally under this analogue provision, which specifically exists to combat these new and emerging designer drugs.

DEA has used its emergency scheduling authority to combat both synthetic cathinones (the so-called bath salts like Ivory Wave, etc.) and synthetic cannabinoids (the so-called incense products like K2, Spice, etc.), temporarily placing several of these dangerous chemicals into Schedule I of the CSA. Congress has also acted, permanently placing 26 substances into Schedule I of the CSA.

In 2010, poison centers nationwide responded to about 3,200 calls related to synthetic "Spice" and "bath salts." In 2011, that number jumped to more than 13,000 calls. Sixty percent of the cases involved patients 25 and younger.

Thursday, July 26, 2012

Cooperation with UK Courts Secures Restraining Order Against $3 Million in Nigerian Corruption Proceeds

Through an application to register and enforce two orders from United Kingdom courts, the Department of Justice (DOJ) has secured a restraining order against more than $3 million in corruption proceeds located in the United States related to James Onanefe Ibori, the former governor of Nigeria's oil-rich Delta State. The investigation was conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

The application, which was filed under seal May 16 in U.S. District Court in the District of Columbia, seeks to restrain assets belonging to Ibori and Bhadresh Gohil, Ibori's former English solicitor, that are proceeds of corruption. Specifically, it seeks to restrain a mansion in Houston and two Merrill Lynch brokerage accounts. U.S. District Judge Lamberth granted the application and issued a restraining order under seal May 21. DOJ was notified July 23 that its application to unseal the restraining order was granted.

The United States is working with the United Kingdom's Crown Prosecution Service and the Metropolitan Police Service to forfeit these corruption proceeds.

"This serves as a warning to those corrupt foreign officials who abuse their power for personal financial gain and then attempt to place those funds in the U.S. financial system," said ICE Director John Morton. "ICE's Homeland Security Investigations (HSI) special agents will continue to work with our law enforcement partners at the Department of Justice Criminal Division's Asset Forfeiture and Money Laundering Section to investigate and prosecute those involved in such illicit activities and hold corrupt foreign officials accountable by denying them the satisfaction of their illegal earnings."

According to the application, Ibori served as the governor of Nigeria's oil-rich Delta State from 1999 to 2007, and misappropriated millions of dollars in Delta State funds. He laundered those proceeds through a myriad of shell companies, intermediaries and nominees in several jurisdictions, including the United Kingdom, with the help of Gohil. Although Nigeria's constitution prohibits state governors from maintaining foreign bank accounts and serving as directors of private companies, Ibori and his associates accumulated millions of dollars in assets in the United Kingdom and the United States, according to the application.

Ibori was convicted in the United Kingdom of money laundering and conspiracy to defraud and was sentenced by a British court April 18 to 13 years in prison. Gohil was also convicted in November 2010 of money laundering and prejudicing a money laundering investigation and was sentenced by a British court to 10 years in prison.

"Instead of working to benefit the people of the Nigerian delta, Governor Ibori pilfered state funds and accumulated immense wealth in the process," said Assistant Attorney General Lanny A. Breuer. "He conspired with Mr. Gohil to funnel millions of dollars in corruption proceeds out of Nigeria and into bank accounts and assets maintained in the names of shell companies and nominees. Through the Criminal Division's Kleptocracy Asset Recovery Initiative, our message is clear: the United States will not be used as a safe haven for the ill-gotten gains of corrupt foreign officials."

The case was investigated by HSI's Foreign Corruption Investigations Group, HSI Asset Identification and Removal Group in Miami and HSI Attaché London.

The case is being prosecuted by trial attorneys Woo S. Lee and Elizabeth Aloi of DOJ's Criminal Division's Asset Forfeiture and Money Laundering Section.

HSI's Foreign Corruption Investigations Group in Miami targets corrupt foreign officials around the world that attempt to utilize U.S. financial institutions to launder illicit funds. The group conducts investigations into the laundering of proceeds emanating from foreign public corruption, bribery or embezzlement. The objective is to prevent foreign derived ill-gotten gains from entering the U.S. financial infrastructure, to seize identified assets in the United States and repatriate these funds on behalf of those affected by foreign official corruption.

This case is part of the Justice Department's Kleptocracy Asset Recovery Initiative. This initiative is carried out by a dedicated team of prosecutors in the Criminal Division's Asset Forfeiture and Money Laundering Section, working in partnership with federal law enforcement agencies to forfeit the proceeds of foreign official corruption and where appropriate return those proceeds to benefit those harmed.

Individuals with information about possible proceeds of foreign corruption located in or laundered through institutions in the United States should contact federal law enforcement.

Wednesday, July 25, 2012

Two Illegal Aliens Sentenced for Extensive Immigration and Document Fraud Operation

Two Mexican nationals residing in Baltimore were sentenced to prison for conspiring to operate a document mill in Baltimore and selling thousands of fraudulent government identification documents manufactured as part of the conspiracy.

"Document fraud poses a severe threat to national security and puts the security of our communities at risk because it creates a vulnerability that may enable terrorists, criminals and illegal aliens to gain entry to and remain in the United States," said U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) Baltimore Special Agent in Charge William Winter. "This investigation resulted in the dismantlement of a document fraud criminal organization based out of Maryland and the arrest of its leaders. Homeland Security Investigations will move aggressively to investigate and bring to justice those who potentially compromise the integrity of America's legal immigration system."

Miguel Reyes-Ontiveros, 41, was sentenced by U.S. District Judge William D. Quarles Jr., July 19 to 57 months in prison followed by three years of supervised release. Adrian Badillo-Carrasco, aka "Rana," 36, was also sentenced by Judge Quarles July 17, to 33 months in prison followed by three years of supervised release. Both defendants are in the United States illegally and face deportation upon completing their sentence.

According to the plea agreements and other court documents, responsibility for manufacturing identity documents – including permanent resident cards and Social Security cards – rotated among various individuals. From June 2008 through May 2010, Ivan Altamirano-Perez, aka "Elmer," 32, and his brother, Roberto Morales-Perez, aka "Piza," 26, received the income from manufacturing the identity documents. Beginning in May 2010 and continuing until their arrests, the Perez brothers shared the territory and income with Miguel Reyes-Ontiveros (collectively, the operators). The location of the manufacturing operation changed frequently to avoid detection.

In addition to manufacturing the documents, the operators sold the documents themselves or helped collect orders from salesmen. The defendants used a group of at least 10 individuals, including Badillo-Carrasco, to sell and distribute the fake identity documents. The documents were offered for sale and distributed in and around the 200 block of South Broadway in Baltimore.

According to their plea agreements, Badillo-Carrasco and the other salesmen solicited individuals in the Broadway territory to purchase the fake identification documents, either in person or by distributing business cards. The salesman would negotiate a price with the buyer, usually between $130 and $160, and obtain a picture and the information which the buyer wanted on the identification card. The salesman would then call in the order to the operator who was working that week. The completed identity document would subsequently be provided to the salesman to be sold to the buyer.

The defendants manufactured and sold thousands of fraudulent identification documents for which they are alleged to have received approximately $1.68 million.

On Feb 15, a defendant in a related case, Victor Lopez Escamilla, was convicted by a jury of manufacturing and trafficking in counterfeit identity documents, Social Security cards, and immigration identity documents, and was sentenced to 97 months in prison.

All of the nine defendants involved in the conspiracy have pleaded guilty in this case, and the remaining seven defendants are awaiting sentencing. Each faces a maximum sentence of 15 years in prison for conspiracy to commit fraud and a maximum of 10 years in prison for fraud and misuse of immigration documents. In addition, the Perez brothers each face a maximum of five years in prison for Social Security fraud and Altamirano-Perez faces a maximum of 15 years in prison for identification document fraud. The defendants, all of whom are in the U.S. illegally, face deportation upon the completion of their sentences.

Anyone who has information on this type of fraud may contact ICE via its toll-free hotline at 1-866-DHS-2ICE (1-866-347-2423).

The investigation was conducted by HSI Baltimore and the Social Security Administration, Office of Inspector General with the assistance of the U.S. State Department Diplomatic Security Service, Washington Field Office; the Maryland Motor Vehicle Administration, Investigation and Security Services Division and the Baltimore County Police Department.
The case is being prosecuted by Assistant U.S. Attorneys Tamera L. Fine and Judson T. Mihok.

Monday, July 23, 2012

Foreign Nationals Charged with Extensive Drug Trafficking and Identity Fraud Scheme

Eleven foreign nationals were charged Thursday, July 19, 2012, in a 90-count superseding federal indictment alleging they conspired to distribute cocaine and engaged in tax fraud, money laundering, identity theft and other financial crimes.

The indictment comes following a multi-agency Organized Crime and Drug Enforcement Task Force (OCDEF) investigation, stemming from an initial Drug Enforcement Administration (DEA) and Anchorage police drug probe. The magnitude of the financial crimes, money laundering and identity theft, resulted in the Internal Revenue Service (IRS) Criminal Investigations and U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) taking a lead role.

According to the indictment, the Dominican and Mexican-national defendants engaged in a conspiracy to defraud the United States by filing false tax returns and illegally claiming millions of dollars in tax refunds. Investigators believe that between January and March the defendants conducted their scheme using names and Social Security numbers of individuals from the Commonwealth of Puerto Rico.

"Today's indictment is a clear warning that anyone who steals the identities of innocent taxpayers and uses the information for personal profit will be aggressively pursued, investigated and prosecuted, in Alaska or throughout the United States," U.S. Attorney Karen Loeffler said. "This case is an example of how interagency cooperation and teamwork can successfully bring down an entire organized criminal conspiracy."

Three laptop computers seized by investigators contained information for approximately $19 million in fraudulent refund claims, 2,600 stolen identities including individual names, Social Security numbers and other identity information. It is also alleged that one or more of the defendants obtained the physical addresses used on the tax returns by stealing mail from mailboxes in and around the Anchorage area.

The defendants obtained Alaska identification cards using the stolen identities, which were necessary to open the numerous bank accounts needed to cash their tax refund checks. They also falsely claimed to be U.S. citizens to obtain the identity documents and open the accounts.

"These criminals illegally posed as U.S. citizens and exploited our financial system for personal gain," said Brad Bench, special agent in charge of HSI Seattle, who oversees HSI investigations in Alaska. "By pooling our unique resources, legal authorities and expertise, HSI and the IRS were able to dismantle a significant scheme to defraud the people of the United States."

"The charges brought forth today against these 11 individuals serve as another reminder that IRS Criminal Investigation is aggressively pursuing those who choose to defraud the government and disrupt the lives of innocent taxpayers," stated Richard Weber, IRS Criminal Investigations chief.

"Drug traffickers' greed clearly has no limits, as evidenced by this investigation," said Douglas James DEA acting special agent in charge. "The DEA is proud of its partnership with the Anchorage Police Department, which brought this case to their federal counterparts, exposing this multi-faceted criminal organization."

The indictment also charges various defendants with submitting false claims for refund, possessing stolen mail, making false claims of U.S. citizenship, committing passport fraud, making false statements to banks and credit unions, and passing forged U.S. Treasury checks, as well as aggravated identity theft.

The fraud charges each carry maximum penalties of between two and 30 years imprisonment, in addition to the five-year mandatory minimum prison term required upon conviction on the drug charges.

The U.S. Postal Inspection Service and U.S. State Department's Diplomatic Security Service also investigated. The case is being prosecuted by the U.S. Attorney's Office for the District of Alaska and the U.S. Department of Justice Tax Division.

An indictment is merely a formal accusation. Defendants are presumed innocent until proven guilty in a court of law.

Friday, July 20, 2012

Mexican National Sentenced to 15 Months for Illegal Reentry

A twice-deported Mexican national was sentenced Wednesday, July 18, 2012, to 15 months in prison for illegally re-entering the United States after having been previously deported.

The sentence resulted from an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Reynaldo Coronado-Piedra, 33, was sentenced July 18 by U.S. District Judge Barbara B. Crabb, Western District of Wisconsin, for illegally re-entering the United States after having been deported. He pleaded guilty to the charge April 26. Re-entering the United States after being formally deported is a felony punishable by up to 20 years in prison.

Coronado-Piedra was first removed from the United States Nov. 19, 2004 following a probation revocation stemming from a 2000 Texas conviction for cocaine possession. He returned to the United States without permission and was convicted in Texas in 2006 of marijuana possession. He was again removed from the United States Jan. 10, 2008 after he completed his prison sentence. He returned to the United States without permission a second time. On Sept. 8, 2009, he was convicted in Portage County, Wis., for possessing marijuana with intent to deliver.

Coronado-Piedra will again be removed to Mexico after he completes his prison sentence handed down July 18.

Special Assistant U.S. Attorney Leah Fillbach Lenzendorf, Western District of Wisconsin, prosecuted the case.

Thursday, July 19, 2012

California Company the Newest to Join ICE's IMAGE Program

An Escondido-based commercial framing company has become the latest employer headquartered in the San Diego area to partner with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) in a program designed to strengthen hiring practices and combat the unlawful employment of illegal aliens.

S&H Contracting Inc., which has been in business more than 20 years, was certified as a member of the IMAGE program (ICE Mutual Agreement between Government and Employers) earlier this month. The contract company is licensed in California, Arizona and Nevada.
IMAGE is a voluntary partnership that helps employers maintain a lawful workforce and reduce the use of fraudulent identity documents.

"It is my pleasure to welcome S&H Contracting Inc. to our IMAGE family," said Derek Benner, special agent in charge for HSI San Diego. "The newly formed partnership with ICE underscores the company's commitment to protect the integrity of its workforce and to foster best hiring practices. When employers strive to maintain a lawful workforce, it's good for their business and it's good for the economy."

S&H Contracting Inc. was founded by two contractors with decades of experience in building high-end commercial and residential projects, including hotels, restaurants and churches in Southern California and Arizona. The company coordinates weekly apprenticeship classes at its onsite training facility and supports several high school athletic programs in San Diego's North County.

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits, and stealing identities of legally authorized workers. To combat this, ICE initiated the IMAGE program in 2006.

To qualify for IMAGE certification, partners agree to conduct a self-assessment of their hiring practices to uncover vulnerabilities that could be exploited by unauthorized workers; enroll in E-verify, an employment eligibility verification program; train staff on IMAGE Best Employment Practices and the use of new screening tools; and undergo a Form I-9 audit by HSI.

All IMAGE members must participate in the Department of Homeland Security (DHS) E-Verify employment eligibility verification program. Through this program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.

Upon enrollment in and commitment to the IMAGE Best Employment Practices, program participants are deemed "IMAGE certified," a distinction DHS and ICE believe will become an industry standard. IMAGE also provides free training to all employers on the provisions surrounding the Form I-9, fraudulent document detection, and building a solid immigration compliance model.

Wednesday, July 18, 2012

Drug Smuggler Tied to Raft Sentenced to Six Years

A Mexican national who arrived in Southern California on board a marijuana-laden panga-style boat that came ashore north of Malibu in mid-January has received a nearly six-year prison term.

Pedro Lopez-Rocha, 29, was sentenced Monday, July 16, 2012, in federal court to 70 months in prison. In March, Lopez pleaded guilty to possession with intent to distribute more than 1,000 pounds of marijuana. Lopez and two other Mexican national males were taken into custody by U.S. Customs and Border Protection (CBP) Border Patrol agents January 15 after their panga landed in the Deer Creek area. According to court documents, when the agents arrived on the scene, the defendants were in the process of unloading more than 45 bales of marijuana from the vessel.

The ensuing investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) revealed that, shortly before landing, Lopez sent a text message to an individual in the Los Angeles area advising that the boat was coming ashore. HSI's investigation further determined that the smuggling load originated in the Ensenada area of Mexico.

"This sentence should send a strong signal about the consequences facing those involved in this dangerous mode of smuggling," said Claude Arnold, special agent in charge for HSI Los Angeles. "The surge in maritime smuggling activity here in Southern California represents both a security and a public safety threat and we are working closely with our federal, state and local partners to disrupt these schemes and bring those responsible to justice."

The other two defendants charged in the case, Rafael Castillo-Juarez, 47, and Javier Lizarraga-Calderon, 48, also pleaded guilty to possession with intent to distribute marijuana. Castillo and Lizaragga were sentenced previously with each receiving one year and one day in prison. All three defendants are Mexican nationals and will face deportation upon completion of their prison sentences.

In response to the escalating volume of maritime smuggling in the Los Angeles area, authorities have intensified efforts to target the illegal activity, expanding the use of marine patrols, land-based surveillance and collaboration with the Government of Mexico.

Those efforts are being overseen by the Department of Homeland Security's Central California Maritime Agency Coordination Group. The group is comprised of HSI; CBP's Office of Air and Marine, Office of Field Operations and U.S. Border Patrol; the U.S. Coast Guard; and several state and local law enforcement agencies. The state and local partners include the California Highway Patrol; the California Department of Parks and Recreation; the sheriff's departments of Orange, Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties; and the Los Angeles and Long Beach police departments. The group is also receiving substantial assistance from members of the California National Guard's Counterdrug Program.

So far in fiscal year 2012 (Oct. 1, 2011 through June 26, 2012), authorities advise there have been 116 recorded maritime smuggling incidents in Southern California, stretching from the San Diego area north to San Luis Obispo County. In addition, there have been 29 maritime smuggling attempts intercepted offshore. Collectively, those 145 encounters have resulted in the seizure of more than 80,000 pounds of marijuana, including the bales seized in the incident near Deer Creek.

Tuesday, July 17, 2012

Oregon Man Sentenced for Attempt to Export Military Equipment Overseas

A Corvallis, Ore., man was sentenced Friday, July 13, 2012, to 10 months in federal prison for attempting to sell export restricted military-grade equipment to overseas buyers in violation of the Arms Export Control Act.

Geoffrey B. Roose pleaded guilty in March following his February federal indictment, which stemmed from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

According to court documents, investigators sent a message via eBay advising Roose that the scopes he was auctioning were restricted for export to which Roose responded with "Thanks." Despite the warning, he didn't end his auction. Undercover HSI special agents then purchased one of the military-grade rifle scopes and had it shipped to a European address. Roose shipped the order, which was seized before it left the country. On the customs declaration, Roose identified the $1,700 scope as "telescope w/Mount" valued at $150.

In a search of Roose's email, HSI special agents found he had previously concealed the export of rifle scopes because of export controls. In one email Roose told a critic of his eBay sales: "…try worrying about your life, not stupid federal ITAR rules or stolen property." ITAR refers to International Traffic in Arms Regulations.

"It's always disturbing when an American illegally exports equipment that could be used on the battlefield against U.S. military servicemen," said Brad Bench, special agent in charge of HSI Seattle. "HSI will continue to work aggressively to stem the flow of restricted items from the U.S."

"The laws on exporting military equipment are designed to protect our country and our servicemen," said U.S. Attorney Jenny A. Durkan. "This prison sentence should be a warning to anyone considering sales that will damage our security for their personal profit."

In seeking a significant sentence for Roose, prosecutors highlighted his willful disregard of multiple warnings that it was illegal to send the high tech devices overseas. "There is simply no excuse for Roose's conduct. He was given every opportunity to change course and do the right thing. He was explicitly warned by the undercover ICE agent. He received a warning from the United States Postal Service. He received a warning from a stranger. Every product that he shipped was stamped with a warning about export. Nonetheless, he continued selling restricted items overseas, and was stopped only by his arrest," prosecutors wrote in their sentencing memo.

At sentencing, U.S. District Judge John C. Coughenour said he could not overlook Roose's attitude in response to warnings that selling the scopes overseas was illegal. "These are not hunting scopes," he said. "These are killing scopes."

The Defense Criminal Investigative Service assisted with the investigation. The U.S. Attorney's Office for the Western District of Washington prosecuted the case.

Monday, July 16, 2012

Two Face Potential 20 Years for Supplying Iran with U.S. Nuclear Materials

Two men accused of creating a global network of shell companies to deceive U.S. companies into supplying nuclear-related materials to Iran were indicted by a federal grand jury in the District of Columbia following an international investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

According to a superseding indictment made public Friday, July 13, 2012, Iranian national Parviz Khaki, 43, and Chinese national Zongcheng Yi allegedly attempted to obtain and illegally export U.S.-origin materials to Iran that can be used to construct, operate and maintain gas centrifuges to enrich uranium. This includes materials such as maraging steel, aluminum alloys, mass spectrometers, vacuum pumps and other items. Khaki is also accused of conspiring to procure radioactive source materials from the U. S. for customers in Iran.

HSI special agents uncovered the conspiracy in 2008. Special agents found that Khaki directed Yi and others to contact U.S. companies about purchasing U.S.-origin goods. Yi and other conspirators then placed orders and purchased goods from various U.S. companies and had the goods exported from the United States through China and Hong Kong to Khaki and others in Iran. Yi and others allegedly made a variety of false statements to U.S. companies on behalf of Khaki to conceal that Iran was the final destination and end-user of the goods and to convince U.S. companies to export these items to a third country.

"By dismantling this complex conspiracy to deliver nuclear-related materials from the United States to Iran, we have disrupted a significant threat to national security," said ICE Director John Morton. "Homeland Security Investigations will continue to pursue those who exploit U.S. businesses to illegally supply foreign governments with sensitive materials and technology that pose a serious risk to America and its allies."

"Today's indictment sheds light on the reach of Iran's illegal procurement networks and the importance of keeping U.S. nuclear-related materials from being exploited by Iran," said Assistant Attorney General for National Security Lisa Monaco on July 13, 2012. "Iranian procurement networks continue to target U.S. and Western companies for technology acquisition by using fraud, front companies and middlemen in nations around the globe. I applaud the authorities in the Philippines and the many U.S. agents, analysts and prosecutors who worked on this important case."

"This new indictment shows that we have no tolerance for those who try to traffic in commodities that can be used to support Iran's nuclear program," said U.S. Attorney Ronald C. Machen Jr. "It also underscores our commitment to aggressively enforcing export laws."

Both defendants are charged with conspiracy to violate the International Emergency Economic Powers Act (IEEPA) by conspiring with others to cause the export of U.S. goods to Iran without the required U.S. Treasury Department license; conspiracy to defraud the U. S.; two counts of smuggling; two counts of illegally exporting U.S. goods to Iran in violation of IEEPA; and conspiracy to commit money laundering.

Khaki, also known as "Martin," was arrested May 24 by Philippine authorities based on a U.S. provisional arrest request stemming from a March 2012 U.S. federal indictment. Khaki remains in Philippine custody and the United States intends to seek his extradition to stand trial in the District of Columbia. Yi, who also goes by "Yi Cheng," "Kohler," and "Kohler Yi," is purported to be the managing director of Monalila Co. LTD, a company in Guangzhou City, China, and remains at large.

The defendants face a maximum potential sentence of 20 years in prison for conspiring to violate IEEPA, five years in prison for conspiring to defraud the United States, 10 years in prison for each smuggling count, 20 years in prison for each IEEPA count and 20 years in prison for conspiracy to commit money laundering.

The investigation was led by HSI Seattle with assistance provided by HSI Attaché Manila; authorities in the Philippines; and the U.S. Department of Justice's Criminal Division Office of International Affairs. The prosecution is being handled by the U.S. Attorney's Office for the District of Columbia and the Counterespionage Section of the Justice Department's National Security Division.

An indictment only contains allegations of a crime, defendants are presumed innocent unless and until proven guilty in a court of law.

Through its counter proliferation investigations, HSI aims to prevent terrorist groups and hostile nations from illegally obtaining U.S. military products and sensitive technology, including weapons of mass destruction. HSI oversees a broad range of investigations related to export law violations. It enforces U.S. export laws involving military items and controlled dual-use goods, as well as products going to sanctioned or embargoed countries.

Friday, July 13, 2012

ICE and HSI Crackdown on Cyber Intelligence Theft

U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) -led National Intellectual Property Rights Coordination Center (IPR Center) seized 70 websites that were illegally selling counterfeit merchandise.

The 70 websites seized are part of Project Copy Cat, an iteration of Operation In Our Sites (IOS), and closely mimicked legitimate websites selling authentic merchandise and duped consumers into unknowingly buying counterfeit goods. Many of the websites so closely resembled the legitimate websites that it would be difficult for even the most discerning consumer to tell the difference.

The websites are now shut down and their domain names are in the custody of the federal government. Visitors to these websites will find a seizure banner that notifies them that the domain name has been seized by federal authorities and educates them about the federal crime of willful copyright infringement.

"This operation targeted criminals making a buck by trying to trick consumers into believing they were buying name brand products from legitimate websites when in fact they were buying counterfeits from illegal but sophisticated imposter sites located overseas," said ICE Director John Morton. "The imposter sites were simply a fraud from start to finish and served no purpose other than to defraud and dupe unwary shoppers."

A new twist in the websites seized in Project Copy Cat involved the appearance of Secure Sockets Layer (SSL) certificates. SSL certificates provide authentication for financial information, meaning consumers should be able to trust that they are sending information to the intended server and not to a criminal's server. Trusted SSL providers should only issue SSL certificates to verified companies that have gone through several identity checks. In addition to providing authentication, SSL certificates also provide encryption, enhancing the security of credit card numbers, usernames, passwords and other sensitive information. These websites, however, displayed SSL certificates, further duping the consumer into thinking they were shopping on a legitimate website, potentially putting customers' financial information at risk.

During this operation, federal law enforcement officers made undercover purchases of a host of products, including baby carriers, professional sports jerseys, language and fitness DVD sets, and a variety of clothing, jewelry and luxury goods from online retailers who were suspected of selling counterfeit products. In most cases, the goods were shipped directly into the United States from suppliers in other countries. If the copyright holders confirmed that the purchased products were counterfeit or otherwise illegal, seizure orders for the domain names of the websites that sold the goods were obtained from federal magistrate judges.

"Every day the U.S. economy and American jobs are negatively impacted by criminal organizations engaged in the sale of counterfeit merchandise through rogue websites. Even more importantly, consumer's health and safety can be threatened when they unknowingly purchase counterfeit products," said IPR Center Director Lev Kubiak. "Our goal at the IPR Center is to protect the public's safety and economic welfare through robust intellectual property enforcement and we hope that today's enforcement actions raise the public's awareness to this pervasive crime."

This operation was the next phase of IOS, a sustained law enforcement initiative that began two years ago to protect consumers by targeting the sale of counterfeit merchandise on the Internet. These 70 domain name seizures bring the total number of IOS domain names seized in the last two years to 839. This enforcement action coincides with the two-year anniversary of the 2010 launch of IOS. Since then, the seizure banner has received more than 103 million individual views.

Of the 769 previous domain names seized, 229 have now been forfeited to the U.S. government. The federal forfeiture process affords individuals who have an interest in seized domain names a period of time after a "Notice of Seizure" to file a petition with a federal court and additional time after a "Notice of Forfeiture" to contest the forfeiture. If no petitions or claims are filed, the domain names become the property of the U.S. government. Additionally, a public service announcement, launched in April 2011, is linked from the seizure banner on each of the 229 forfeited websites. This video educates the public about the economic impact of counterfeiting.

The operation was spearheaded by the IPR Center in coordination with HSI field offices in Denver, El Paso, Houston, Newark and Salt Lake City. U.S. Attorney's Offices in the Western District of Texas, Southern District of Texas, District of New Jersey, District of Colorado and the District of Utah issued the warrants for the seizures. The IPR Center is one of the U.S. government's key weapons in the fight against counterfeiting and piracy. The IPR Center uses the expertise of its 21 member agencies to share information, develop initiatives, coordinate enforcement actions and conduct investigations related to IP theft. Through this strategic interagency partnership, the IPR Center protects the public's health and safety, the U.S. economy and the war fighters.

During the first phase of IOS in 2010, the IPR Center received information from the Motion Picture Association of America that a website, www.ninjavideo.net (Ninja Video), was illegally distributing pirated copies of motion pictures and other audiovisual works. Ninja Video provided its millions of visitors the ability to illegally download high quality copies of copyrighted movies including movies that were currently in theaters or not yet released.

Following the seizure of the website, search warrants were executed at the residences of the primary suspects in the United States and funds were seized from 15 separate financial accounts. To date, the Ninja Video investigation has resulted in the arrest and conviction of five of the six co-conspirators with sentences ranging from 22 months in federal prison to three years of probation with a combined restitution exceeding $470,000 to the victims. A sixth co-conspirator remains a fugitive. In addition to Ninja Video, IOS phase one also targeted eight other websites selling counterfeit merchandise in New York.

Previous website seizures include:

·                             First phase: 9 domain names
·                             Second phase: 83 domain names
·                             Third phase: 10 domain names
·                             Fourth phase: 18 domain names
·                             Fifth phase: 5 domain names
·                             Sixth phase: 17 domain names
·                             Seventh phase: 58 domain names
·                             Eight phase: 156 domain names
·                             Ninth phase: 10 domain names
·                             Tenth phase: 385 domain names
·                             Salt Lake City: 7 domain names
·                             Sustained Effort: 11 domain names

These cases are part of efforts being undertaken by the Department of Justice Task Force on Intellectual Property (IP Task Force) to stop the theft of intellectual property. Attorney General Eric Holder created the IP Task Force to combat the growing number of domestic and international intellectual property crimes, protect the health and safety of American consumers, and safeguard the nation's economic security against those who seek to profit illegally from American creativity, innovation and hard work. The IP Task Force seeks to strengthen intellectual property rights protection through heightened criminal and civil enforcement, greater coordination among federal, state and local law enforcement partners, and increased focus on international enforcement efforts, including reinforcing relationships with key foreign partners and U.S. industry leaders.

Thursday, July 12, 2012

Life Sentence for Texas Cocaine Dealer

A Texas man was sentenced to life in prison Tuesday, July 10, 2012, for his participation in a conspiracy to distribute cocaine in Alabama, following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) and the Mobile County Sheriff's Office.

Frank James Abston, 40, of Houston, Texas, was sentenced to life imprisonment in federal court after he entered a guilty plea to the charges in November 2011. Judge Callie V. S. Granade imposed the life sentence after conducting a hearing to determine the advisory guideline range applicable to Abston's case. Six witnesses testified to their extensive drug transactions with Abston, who was characterized as a major supplier of cocaine and crack cocaine in Mobile County.

"With Mr. Abston's previous criminal history, he should have known that severe consequences were in store for him should he continue to violate the law," said Raymond R. Parmer Jr., special agent in charge of HSI New Orleans. "HSI has had no better partners than the Mobile County Sheriff's Office and the U.S. Attorney's Office for the Southern District of Alabama in identifying and arresting significant drug traffickers in our area of operations. This significant sentence should put Mr. Abston's former colleagues on notice that they will either reform their ways or share his fate." Parmer oversees HSI activities in Alabama, Louisiana, Arkansas, Mississippi and Tennessee.

According to the testimony, most of the drug transactions occurred in south Mobile County, in the Grand Bay area. Abston's co-defendant, Walter Lee Hodges, testified that Abston hired him to transport cocaine on the bus two days before they were arrested by Mobile County sheriff's deputies. Hodges testified that he and Abston's girlfriend each brought a kilogram of cocaine on the bus from Houston to Mobile. When they were stopped in a vehicle off Interstate 10 in Mobile, they had approximately 500 grams of cocaine in the car.

Hodges testified that Abston sold the rest of the cocaine the night they arrived and the next morning.

Abston testified at the hearing in his own behalf, and he claimed that he was only minimally involved in selling drugs and that his former defense attorney misled him about the terms of his guilty plea. After the testimony was concluded, Judge Granade found that Abston occupied a position of leadership in the conspiracy, that he was accountable for at least 127 kilograms of cocaine and 1.4 kilograms of crack cocaine (both figures she characterized as very conservative), and that Abston was not entitled to any mitigation in the guideline calculations because he had not been truthful in his testimony before the court.

Judge Granade found that his advisory guideline range was life imprisonment, and that because of his prior drug convictions, the federal enhancement statute also called for a life sentence.

The case was prosecuted by Assistant United States Attorney Gloria Bedwell.

Wednesday, July 11, 2012

Polish Fugitive Deported for Felony Charges

A Polish national who is wanted in his home country for racketeering, extortion and battery was deported and turned over to Polish law enforcement officials Tuesday, July 10, 2012, by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).
Slawomir Grymuza, 49, was flown from Chicago to Warsaw, Poland, on a commercial flight July 9. ERO officers escorted Grymuza on the flight and turned him over to the custody of Polish authorities July 10 upon arrival at the Warsaw International Airport.

An Interpol notice was issued for Grymuza Nov. 4, 2009. He was being sought in Poland to serve a prison sentence for his criminal convictions of racketeering, extortion, fraud, battery and beating causing bodily harm.

According to the Interpol notice, the circuit court in Bydgoszcz, Poland, issued an arrest warrant for Grymuza March 29, 2006. Between November 1994 and January 1995 he used violence and threats against four individuals on various occasions to extort money from them.

In September 1994, Grymuza kidnapped a man from his residence and beat him with a baseball bat, causing serious injuries, while demanding payment for a debt. Grymuza was found guilty in April 2001; he was sentenced March 6, 2002 to serve four years and two months in prison.

Grymuza, who was residing in Arlington Heights, Ill., entered the United States Oct. 9, 2006 on a temporary visitor's visa. He remained in the United States illegally after his visa expired. He was in the process of adjusting his immigration status based on his marriage to a U.S. citizen when ICE Homeland Security Investigation (HSI) was notified of the outstanding arrest warrant in Poland. On April 9, 2012, HSI and FBI agents arrested Grymuza and he was placed in deportation proceedings.

A federal immigration judge in Chicago ordered him deported June 1; Grymuza waived his appeal.

"This individual attempted to escape justice and a prison sentence in Poland by hiding out in the Chicago area," said Ricardo Wong, ERO Chicago field office director. "On a daily basis, ICE protects public safety by arresting and removing international fugitives who pose a threat to our communities."

Since Oct. 1, 2009, ERO has removed about 455 foreign fugitives from the United States who were being sought in their native countries for serious crimes, including kidnapping, rape and murder. ERO works with ICE's Office of International Affairs, foreign consular offices in the United States, and Interpol to identify foreign fugitives illegally present in the country.

Tuesday, July 10, 2012

Centralized Filing for Certain USCIS Forms

Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a nonimmigrant K or V visa, must send their waiver applications.
Currently, applicants experience processing times from one-month to more than a year depending on their filing location. This centralization will provide customers with faster and more efficient application processing and consistent adjudication. It is part of a broader agency effort to transition to domestic filing and adjudication; it does not reflect a change in policy or the standards by which the applications are adjudicated. Individuals filing waiver applications with a USCIS Lockbox will now be able to track the status of their case online.
The change affects filings for:
*               Form I-601, Application for Waiver of Grounds of Inadmissibility
*               Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
*               Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212)
Applicants who mail their waiver request forms should use the address provided in the revised form instructions on the USCIS website. Applicants who wish to receive an email or text message when USCIS has received their waiver request may attach Form G-1145, E-Notification of Application/Petition Acceptance, to their application.
During a limited six-month transition period, immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez. USCIS is aware of the pending caseload for applicants in Ciudad Juarez and is taking proactive steps to work through these cases. USCIS will significantly increase the number of officers assigned to adjudicate the residual cases filed before June 4, and those filed during the interim six-month transition period. USCIS has already begun to test this process and has transferred applications from Ciudad Juarez to other USCIS offices in the United States.  
This change is separate and distinct from the provisional waiver proposal published in the Federal Register on Mar. 30, 2012.

Monday, July 9, 2012

Homicide Suspect Deported to Mexico Through Secure Communities Program

A Mexican citizen wanted for murder in his homeland was turned over to Mexican law enforcement officers Thursday, July 5, 2012, following his removal from the United States by U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO).

Alfredo Montalvo-Coreno, 32, was arrested by the Fayette County Police Department in January for driving without a license. After his fingerprints were submitted to ICE under the Secure Communities program, officers discovered that Montalvo-Coreno was the subject of an Interpol warrant for a homicide committed in the Mexican State of Guanajuato in 2002.

ERO took custody of Montalvo-Coreno June 7 and detained him at the Stewart Detention Center. He was flown to Texas Thursday and turned over to officials from the Mexican Office of the General Attorney at the Laredo, Texas, port of entry.

"ICE works closely with our international law enforcement partners to identify, locate and deport aliens who are wanted in their home countries for allegedly committing heinous crimes," said Felicia Skinner, field office director of ERO Atlanta. "We will not allow criminal aliens to use the United States as a safe haven from their crimes." Skinner oversees ERO activities in Georgia and the Carolinas.

Since Oct. 1, 2009, ERO has removed more than 455 foreign fugitives from the United States who were being sought in their native countries for serious crimes, including kidnapping, rape and murder. ERO works with ICE's Office of International Affairs, foreign consular offices in the United States, and Interpol to identify foreign fugitives illegally present in the country.

Friday, July 6, 2012

Dangerous Cartel Member Deported to Mexico

A fugitive female member of La Familia Michoacana cartel, for whom Mexico offered a $5 million peso reward, is in custody in her native country following her capture in Los Angeles and subsequent deportation.

Anel Violeta Noriega Rios, 27, was arrested without incident June 27 at her El Monte residence by U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) officers and other members of the U.S. Marshals Pacific Southwest Regional Fugitive Task Force. Noriega Rios was taken into custody on administrative immigration violations. Two days later she was transported to the border crossing in San Ysidro, Calif., and turned over to Mexican authorities under tight security.

Noriega Rios is charged in a 64-page criminal warrant issued in the Mexican state of Tamaulipas in January 2010 with ongoing involvement in organized crime and drug trafficking. Mexican authorities allege Noriega is one of La Familia's main U.S.-based operatives, helping oversee the organization's methamphetamine distribution activities in California and Washington state.

Rooted in the Mexican state of Michoacan, La Familia is known for being extremely violent. According to U.S. authorities, the cartel is engaged in narcotics trafficking, kidnapping, extortion and other criminal activities. In addition to distributing cocaine and marijuana, the organization is also believed to be heavily involved in producing methamphetamine for export to the United States.

"Last week's removal should be a reminder to fugitives in Mexico and around the world that we won't allow our borders to be barriers to bringing dangerous criminals to justice," said David Marin, acting field office director of ERO Los Angeles. "ICE will continue to work closely with its law enforcement counterparts in Mexico to assure the safety of law abiding citizens in both nations."

Mexican officials say Noriega Rios' capture is the direct result of the excellent cooperation between U.S. and Mexican authorities and the two countries' exchange of strategic information. Mexican officials note the case also demonstrates the ongoing commitment between ICE and the Office of the General Attorney of Mexico (PGR) to address matters of mutual concern.

Noriega Rios was deported to Mexico after ERO reinstated her prior order of removal from 2004. Department of Homeland Security databases indicate Noriega Rios was arrested and repatriated to Mexico five times by U.S. Customs and Border Protection-Border Patrol agents between 2004 and 2005. She had no criminal convictions in the United States.

Since Oct. 1, 2009, ERO has removed about 455 foreign fugitives from the United States who were being sought in their native countries for serious crimes, including kidnapping, rape and murder. ERO works with ICE's Office of International Affairs, foreign consular offices in the United States, and Interpol to identify foreign fugitives illegally present in the country.