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Five individuals have pleaded guilty to conspiring to import misclassified merchandise. Each faces up to five years in federal prison and a $250,000 fine. This case is being investigated by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
"The trademark laws in the United States were created to protect the investment of American manufacturers such as Nike as well as consumers," said U.S. Attorney William J. Hochul Jr., Western District of New York. "These laws are designed to create a level playing field for businesses and protect consumers who might unwittingly purchase inferior counterfeit goods. Our office will continue to aggressively enforce customs laws for the benefit of American businesses and those who purchase their products."
"Selling counterfeit goods is stealing," said James C. Spero, special agent in charge of HSI Buffalo. "HSI is committed to ensuring the legitimate copyright holders are protected from individuals who are only motivated by greed. People and organizations which produce and sell counterfeit products undermine the U.S. economy; create inferior and sometimes dangerous products; and jeopardize public safety."
Xiao Cheng Lin, 50, and his wife, Ling Zhen Hu, 51, both of New York, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to import misclassified merchandise. Hu, a native of China, worked for an individual who imported thousands of pairs of sneakers from China that bore the Nike "swoosh" logo and Nike labeling, but were not genuine Nike sneakers. Hu then negotiated the sale of large quantities of the mislabeled sneakers to Malik Bazzi, 44, of Montreal, who then sold them to customers throughout the United States - including in Buffalo - via his warehouses in Manhattan and Brooklyn. Bazzi is currently scheduled to be sentenced Feb. 1, 2013. Hu admitted that she negotiated the sale of 7,500 pairs of sneakers to Bazzi.
Lin, also a native of China, worked with his wife, delivering the 7,500 pairs of sneakers to Bazzi. The HSI investigation revealed that Bazzi's customers then sold the counterfeit Nike sneakers on the street and in retail stores to customers for about half the price of genuine Nike sneakers.
As part of their plea agreements, both Lin and Hu agreed to abandon any claim to more than $600,000 and dozens of pairs of counterfeit sneakers seized from their New York residence following their 2007 arrest.
The defendants were arrested along with 21 others. To date, 20 of the defendants have been convicted.
On Sept. 5, 2012, LaKeith Fowler, 32, of Dallas, pleaded guilty before Judge Arcara to conspiring to traffic in counterfeit sneakers. Fowler, one of Bazzi's customers, purchased and sold approximately 12,000 pairs of counterfeit Nike sneakers he obtained from Bazzi from April to September 2007. Fowler sold the sneakers in a retail store he owned in the Dallas-area. As part of his plea agreement, Fowler agreed to forfeit two bank accounts to the government which contain over $44,000 in deposits. The accounts were used to conduct counterfeit sneaker transactions.
On Sept. 7, 2012, Davion Briant, 37, of Milwaukee, pleaded guilty before Judge Arcara to conspiring to traffic in counterfeit sneakers. Briant, another of Bazzi's customers, purchased and sold approximately 4,500 pairs of counterfeit Nike sneakers he obtained from Bazzi from April to September 2007. Briant owned a retail store in the Milwaukee-area where he sold the counterfeit sneakers.
On Sept. 10, 2012, Hussien Sara, 30, of New York, pleaded guilty before Judge Arcara to conspiring to traffic in counterfeit sneakers. Sara worked in Bazzi's warehouses where, on behalf of Bazzi, he took delivery of over 13,000 pairs of counterfeit sneakers from several suppliers, including Hu and Lin. In addition, Sara assisted in packaging the sneakers for shipment to Bazzi's customers located throughout the United States.
Lin and Hu will be sentenced Jan. 24, 2013; Fowler Dec. 14, 2012; Briant Jan. 7, 2013; and Sara Jan. 11, 2013. All will be sentenced by Judge Arcara in Buffalo.
As the largest investigative arm of the Department of Homeland Security, HSI plays a leading role in targeting criminal organizations responsible for producing, smuggling and distributing counterfeit products. HSI focuses not only on keeping counterfeit products off our streets, but also on dismantling the criminal organizations behind such illicit activity.
This investigation was supported by the HSI-led National Intellectual Property Rights Coordination Center (IPR Center) in Washington. The IPR Center is one of the U.S. government's key weapons in the fight against criminal counterfeiting/piracy. As a task force, 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.
Assistant U.S. Attorney John E. Rogowski, Western District of New York, is prosecuting this case on behalf of the U.S. government.
Four individuals were arrested in Naples, Fla., Aug. 31, for conspiring to commit immigration fraud. These arrests resulted from an investigation conducted by U.S. Immigration and Customs Enforcement's (ICE) Office of Professional Responsibility, ICE's Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services, and the Collier County Sheriff's Office.
The indictment alleges the defendants conspired to sell fraudulent Cuban birth certificates and to assist in the preparation of fraudulent applications for immigration benefits.
Nelson Daniel Silvestri Soutto, 53, Laura Maria Ponce Santos, 59, and Amelia Osorio, 60, all of Naples, Fla., Fidel Morejon Vega, 40, of Kissimmee, Fla., were indicted by a federal grand jury in Miami for conspiring to commit immigration fraud. Vega was also charged with three counts of false impersonation of an officer of the United States.
A former airline employee was sentenced to 18 months in federal prison Friday, September 7, 2012, after smuggling more than $150,000 on a commercial carrier from Philadelphia International Airport (PHL) to the Dominican Republic.
The sentencing comes after an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Juan Adames, 29, of Ridgefield Park, N.J., pleaded guilty to bulk cash smuggling and other related charges in June 2012. Adames was arrested in August 2010 after failing to declare approximately $153,000 to customs officers in the Dominican Republic. After his arrest and seizure of the funds, customs officials in the Dominican Republic released Adames and notified HSI special agents who subsequently began an investigation.
According to the investigation, Adames used his position as a commercial airline employee to circumvent federal screening procedures at PHL before reaching his destination. When he returned to the U.S. in January 2012, he was arrested by HSI special agents and charged.
"A major vulnerability was ultimately identified and closed as a result of this case," said John P. Kelleghan, special agent in charge for HSI Philadelphia. "We simply will not allow individuals working in and around commercial aircraft to exploit their positions for criminal ends. Through the cooperation of our domestic and international law enforcement partners, we will continue to ensure the safety and security of the flying public."
As part of the effort to combat bulk cash smuggling, ICE established the National Bulk Cash Smuggling Center (BCSC) in 2009. Since its inception, the center has initiated 474 criminal investigations, which have resulted in nearly 270 criminal arrests and the seizure of more than $170 million.
The BCSC is an operational, intelligence driven investigative unit with the mission to challenge bulk cash smuggling from both national and international perspectives. The BCSC is focused on the disruption of facilitation pipelines used to move currency derived from illicit activity including drugs, weapons, human trafficking, foreign political corruption and contraband.
Six men pleaded guilty in federal court Thursday, September 6, 2012, as a result of the efforts of a multi-agency investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), announced U.S. Attorney Kenneth Magidson, Southern District of Texas.
The defendants were arrested in June on charges relating to their participation in a large-scale south Texas drug-trafficking organization. The criminal organization employing the defendants specialized in avoiding the Falfurrias Border Patrol checkpoint by crossing through ranches adjacent to the checkpoint.
The following men from south Texas each entered guilty pleas before U.S. District Judge Nelva Gonzales Ramos Sept. 6: Jesus Marroquin, 49, of Rio Grande City; Alejandro Garza, 42, of Mission; Adrian De la Garza, 41, of Sullivan City; and Rene Salazar, 42, Jose Figueroa, 35, and Edwardo Munoz, 35, all of Falfurrias. Garza and Marroquin were identified as leaders in this criminal organization.
Garza, Marroquin, Salazar and De la Garza pleaded guilty to conspiracy to possess with intent to distribute more than 1,000 kilograms (2,200 pounds) of marijuana. Based upon the amount of the marijuana involved, they face no less than 10 years and a maximum of life imprisonment. Figueroa and Munoz were also convicted of operating an unlicensed money transmitting business, which carries a maximum penalty of five years imprisonment.
In addition, Garza agreed to criminally forfeit several firearms; Marroquin agreed to forfeit 145 pieces of expensive jewelry, worth about $25,000.
Sentencing has been set for Dec. 4. With the exception of De la Garza and Salazar, who were released on bond, all have been and will remain in custody pending that hearing.
The following agencies assisted with this investigation: Internal Revenue Service's Criminal Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Texas Department of Public Safety; Brooks County Sheriff's Office; U.S. Customs and Border Protection's Border Patrol; and the U.S. Marshals Service.
Assistant U.S. Attorney Julie K. Hampton, Southern District of Texas, prosecuted the case.
As Hurricane Isaac's fury swept the Gulf Coast states, many Slidell, La., residents found themselves trapped in their flooded homes without any electrical power or cell phone service.
With flood waters reaching as high as 48 inches in some areas, the city's ambulances, fire engines and police cars were unable to navigate the flooded streets to reach these helpless residents.
That's when the St. Tammany Parish Emergency Operations Center turned to the Rapid Response Team from U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) New Orleans.
"The sheer volume of medical assistance calls and calls involving high-water evacuations throughout the city and parish were mounting," said William Black, HSI New Orleans supervisory special agent and Rapid Response Team mission coordinator. "The only way to reach many of the residences was with a high-water vehicle."
HSI New Orleans routinely works with both the St. Tammany Parish Sheriff's Office and the Louisiana State Police, so both agencies knew that HSI New Orleans' Rapid Response Team was their solution. One of 15 ICE Rapid Response Teams, their primary mission is to rapidly deploy during natural and manmade disasters, as well as emergency situations, when other federal, local or state agencies request ICE assistance.
HSI New Orleans is equipped with a Mine Resistant Ambush Protected Vehicle that its Special Response Team and Rapid Response Team can deploy during emergencies. Weighing in at 30,000 pounds and standing approximately nine feet tall, this heavy-duty vehicle is well suited for emergency high-water rescue operations.
Within minutes of receiving the request, the team jumped into action. Forging through the water-logged streets of Eden Isles, which is located on Lake Pontchartrain's north shore and is an area of town prone to flooding, they rescued 12 individuals who could not evacuate their homes. After approximately five hours of combating the rainfall and storm surge, the flood waters rose above a safe operating level, and the team was forced to call off the day's rescue operations.
The next day, the parish called on the team to rescue two additional stranded individuals.
"The team members are professional special agents who volunteer to be a part of the Rapid Response Team," said Black. "When it's time to act, we act without hesitation."
ICE's Rapid Response Teams are operational 24 hours a day, seven days a week. They are always prepared to deploy to an affected area within 12 to 24 hours.
A local resident, of Ethiopian descent, was arrested without incident the week ending in Friday, August 31, 2012, by special agents with U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) for making false statements on immigration documents and identity theft. The charges relate to mass murders committed throughout Ethiopia during the late 1970s.
U.S. Attorney John Walsh, District of Colorado, and HSI Denver Special Agent in Charge Kumar Kibble announced the arrest of John Doe, aka Habteab Berhe Temanu, aka Habteab B Temanu, aka "TUFA," aka Kefelegn Alemu, aka Kefelegn Alemu Worku, who is about 68 years old.
Doe appeared in court Aug. 30 for a detention hearing as well as arraignment, but that hearing was continued until Sept. 4.
The defendant was indicted by a federal grand jury in Denver Aug. 20. He was arrested Aug. 24. Doe made his initial appearance Aug. 27 where he was advised of the charges pending against him.
According to the indictment, as well as other court documents, including an affidavit in support of a search warrant of the residence of Doe, the defendant knowingly possessed and used, and attempted to possess and use, without lawful authority, a means of identification of another person, Habteab Berhe Temanu. The indictment further charges that he knew that other person to be a real person when he committed the felony violation of unlawfully procuring U.S. citizenship or naturalization.
Further, between Nov. 22, 2009 and March 2, 2010, Doe made false statements in connection with his application for naturalization which was submitted in November 2009, and he re-affirmed under penalty of perjury in March 2010, including falsely identifying himself as Habteab Berhe Temanu. He also falsely representing that he was the father of five children; and he falsely responded "no" to the question: "Have you ever persecuted (either directly or indirectly) any person because of race, religion, national origin, membership in a particular social group, or political opinion?"
In May 2011, HSI received information from an informant who was a naturalized U.S. citizen, originally a native of Ethiopia, that he had recently encountered a person in Denver who he recognized as Kefelegn Alemu Worku. He claimed that Worku was a prison guard during a period in the late 1970s in Ethiopia known as the "Red Terror."
In the late 1970s in Ethiopia, Mengistu Haile Mariam assumed unofficial control of the Provisional Military Administrative Committee also known as the Dergue. The Dergue was a committee of nearly 120 military officers that established a Marxist regime and abolished Ethiopia's constitution.
They arrested the former emperor and members of the imperial government for alleged crimes against the Ethiopian people. Mengistu seized full control in 1977 which unleashed a two-year campaign known as the Red Terror.
During the Red Terror, tens of thousands of Ethiopian men, women and children – who were suspected of being members or supporters of the anti-Dergue group – were arrested, tortured and summarily executed. One prison that held, tortured and killed individuals was known as "Kebele 15" or "Kefetegna 15," which in English roughly translates as "Higher 15." This prison housed about 1,500 prisoners who had been imprisoned due to their political opinions and affiliations.
During the Red Terror, families of those who were killed or missing were often required to pay the government for the bullet used to kill their family member. Historical accounts indicate that a minimum of 10,000 people were killed in the city of Addis Ababa alone in 1977, with comparable victims likely in the provinces in 1977 and 1978.
The witness explained that he had become a political prisoner in Ethiopia in 1978 when he was arrested and sent to the Higher 15. He witnessed Worku torture fellow prisoners and learned that other prisoners were being executed at the hands of prison guards, including Worku. The informant managed to escape the prison in September 1979. Two additional Ethiopian refugees, who are now naturalized U.S. citizens, also identified the defendant as Worku and recounted how Worku had personally participated in beating and torturing them at the same prison during the same time period.
HSI special agents, using information obtained from the informant, charge that Doe is actually Kefelegn Alemu Worku, and Worku was using the identity of Habteab B Temanu. Immigration records confirmed that Doe, using Temanu's identity, came to the United States in July 2004 as a refugee. He lived in Denver until his indictment this month.
"Homeland Security Investigations will not allow international human rights violator fugitives to seek safe haven in the United States," said Kibble. "In addition to investigating these fugitives, HSI also works to strip the U.S. citizenship from these individuals who fraudulently obtained it."
"The United States' commitment to human dignity and freedom across the globe requires us to police our own borders against international criminals who use fraud and deceit to hide in our country," said U.S. Attorney John Walsh. "This case demonstrates our commitment as a nation to upholding the rule of law by identifying and prosecuting human rights violators."
If convicted of unlawful procurement of citizenship or naturalization, Doe faces not more than 10 years in federal prison, and a fine of up to $250,000. If convicted of aggravated identity theft, he faces an additional two-year mandatory consecutive sentence over and above the sentence imposed for the underlying felony, as well as up to a $250,000 fine.
This case is being investigated by HSI.
The defendant is being prosecuted by Assistant U.S. Attorney Brenda Taylor and ICE Special Assistant U.S. Attorney Lillian Alves.
The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
For the past 14 years, U.S. Immigration and Customs Enforcement has been responsible for training ICE officers and special agents to become computer forensic investigators.
ICE teaches the class in conjunction with the U.S. Secret Service and the Internal Revenue Service.
Each year, two, six-week classes are offered at the Federal Law Enforcement Training Center in Charleston, S.C. The class is comprised of 24 students – eight from each agency. Next year will be the 14th consecutive year of the program.
After each session, instructors get together to figure out what tweaks need to be made for the next class. Keeping the sessions as up-to-date as possible is a key priority.
"It's ever changing," said Computer Forensic Unit's Matthew Swenson. "Each year, we try and take into account and implement things that are relevant."
The course is comprised of two parts: Basic Computer Evidence Recovery Training (BCERT) and Post Computer Evidence Recovery Training (PCERT). The first two weeks are taught by Hewlett Packard employees who teach students the ins and outs of computer software and hardware. The next four weeks focus on teaching students how to use that knowledge to actually conduct a computer forensic investigation. Participants learn how to examine the computer, how to find evidence and how to write a report that all parties involved in an investigation can understand.
Swenson noted that it's not only the investigators who have to be able to understand the report, but also everyone in the justice system who will be involved in the sentencing.
As technology continues to advance, Swenson said the need for computer forensic investigators also rises. These days, he said, almost all criminals use some kind of technology that evidence can be found on.
"We take regular investigators off the street and teach them everything the need to know," he said.
There are currently 250 computer forensic agents within ICE, working at fields offices throughout the nation and attaché offices across the world.
