Category: MIL-OSI

Source: United States Department of Justice Criminal Division

BOSTON – A Lexington, Mass. attorney was sentenced on Oct. 8, 2025 in federal court in Boston for defrauding multiple Massachusetts victims, including two relatives.

David Smerling, 75, was sentenced by U.S. District Court Judge Richard G. Stearns to nine years in prison, three years of supervised release, restitution of $3,534,316 and forfeiture.  In June 2025, Smerling pleaded guilty to four counts of wire fraud, two counts of money laundering and one count of aggravated identity theft.

Smerling was sentenced in connection with three separate schemes. Between January 2016 and May 2020, Smerling worked as a bookkeeper for three Massachusetts companies and embezzled more than $2.8 million from the companies and their owners. He did so by transferring funds first to a bank account owned by one of the victims that Smerling controlled before moving the money to bank accounts in his own name, or directly from the companies’ accounts to bank accounts in his own name. Smerling concealed his scheme by changing the mailing address on victims’ bank statements to his home address and refusing to share the online banking password for the victims’ accounts. In April 2020, a victim discovered Smerling had transferred $350,000 from one of the companies to himself without authorization. After these funds were returned, Smerling changed the banking passwords and again transferred $350,000 from the company to himself.  

Between May 2020 and August 2021, Smerling embezzled more than $475,000 from a trust established for the benefit of a relative with special needs for which Smerling served as the trustee. Smerling transferred trust funds to bank accounts he controlled before sending the funds to bank accounts in his wife’s name or using the funds to pay for personal expenses. He concealed his scheme by making lulling payments to the beneficiary so he would not discover the trust had been depleted.  

Between May 2023 and April 2025, Smerling embezzled more than $175,000 from a relative with dementia for whom Smerling served as the financial power of attorney, including while he was on pretrial release after his January 2025 arrest in this matter. Smerling transferred funds from the victim’s accounts to accounts he controlled, used a credit card in the victim’s name for personal purchases and took out a loan in the victim’s name. To conceal this scheme, Smerling misrepresented the purpose of the transfers to the financial institutions in which the victim’s accounts were held.  

U.S. Attorney Leah B. Foley and Ted E. Docks, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today. Assistant U.S. Attorney Kristen A. Kearney of the Securities, Financial & Cyber Fraud Unit prosecuted the case.

Source: United States Department of Justice Criminal Division

ALBUQUERQUE – A Hobbs man was sentenced to 180 months in prison following the discovery of fentanyl, methamphetamine, and weapons during two traffic stops in July 2023.

There is no parole in the federal system.

According to court documents, during a traffic stop on July 4, 2023, Lea County Sheriff’s Office deputies arrested Mark Liges, 34, on an outstanding warrant. A police canine alerted deputies to narcotics in the vehicle which was then towed pending a search warrant.

The following day, the LCSO and Lea County Drug Task Force executed the warrant on the vehicle. Inside, officers found 679.4 net grams of fentanyl and 199 net grams of pure methamphetamine. Authorities also found loaded two handguns, along with a digital scale and empty baggies. Further investigation using a search warrant for Liges‘ cellphone revealed text messages corroborating his drug distribution activities.

Just eight days after his initial arrest on July 12, 2023, Liges was arrested again in Hobbs, NM, this time for driving with a suspended license. During this arrest, Liges informed officers he was carrying another firearm, stating he knew it was illegal but claimed he needed it for protection. Liges has a history of felony offenses, including distribution of marijuana in 2010 and possession of a firearm by a felon in 2013, which legally prohibits him from possessing firearms.

Liges subsequently pled guilty to possession with intent to distribute methamphetamine, using and carrying a firearm during and in relation to a drug trafficking crime, and being a felon in possession of a firearm. Upon his release from prison, Liges will be subject to five years of supervised release.

Acting U.S. Attorney Ryan Ellison and Omar Arellano, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division, made the announcement today.

The DEA’s El Paso Division investigated this case with assistance from the Lea County Sheriff’s Office, 5^th Judicial District Attorney’s Office, and the Lea County Drug Task Force. Assistant U.S. Attorney Kirk Williams is prosecuting the case.

This press release was posted November 13, after the end of the federal government shutdown.

Source: United States Department of Justice Criminal Division

ALBUQUERQUE – An Artesia man was sentenced to 240 months in prison for selling pure methamphetamine and fentanyl pills to an undercover agent.

There is no parole in the federal system.

According to court records, on April 3, 2024, Sammie Joe Peralta, 49, sold 859 grams of pure methamphetamine and fentanyl pills to an undercover Homeland Security Investigations agent at a gas station in Artesia, New Mexico. When Peralta was arrested, he was found with three handguns and an additional 126 grams of pure methamphetamine.

Peralta pled guilty to possession with intent to distribute methamphetamine. Upon his release from prison, Peralta will be subject to five years of supervised release.

Acting U.S. Attorney Ryan Ellison and Jason T. Stevens, Special Agent in Charge of Homeland Security Investigations – El Paso, made the announcement today.

Homeland Security Investigations investigated this case with assistance from Pecos Valley Drug Task Force, and the Eddy County Sherrif’s Office. Assistant United States Attorney Kirk Williams is prosecuting the case.

This press release was posted November 13, after the end of the federal government shutdown.

Source: United States Department of Justice Criminal Division

BOSTON – A Dominican national unlawfully residing in Dorchester pleaded guilty on Oct. 17, 2025 to trafficking thousands of fentanyl pills.

Waner Bernabel Presinal, 38, pleaded guilty to conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl and distribution of 40 grams or more of fentanyl. U.S. District Court Judge Indira Talwani scheduled sentencing for Jan. 13, 2026. In September 2024, Bernabel Presinal was charged with three co-conspirators.

On April 12, 2024, an undercover agent allegedly ordered 2,000 pressed fentanyl pills and a sample of methamphetamine from Andujar Echavarria for $4,000. It is alleged that Bernabel Presinal delivered the fentanyl pills and methamphetamine to Andujar Echavarria at his home in Dorchester. Andujar Echavarria then proceeded to Medford where he delivered the fentanyl pills and sample of methamphetamine to the undercover agent. It was later confirmed that the bags Andujar Echavarria handed the undercover allegedly contained 222 grams of fentanyl and 1.8 grams of methamphetamine.

In May 2025, Guerro Soto was sentenced to 30 months in prison and six years of supervised release. Andujar Echavarria has pleaded not guilty and is awaiting trial.

The charge of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and distribution of 40 grams or more of fentanyl carry a sentence of at least five years and up to 40 years in prison; at least four years of supervised release; and a fine of up to $5 million. The defendant is subject to deportation proceedings upon completion of an imposed sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

United States Attorney Leah B. Foley and Jarod A. Forget, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Assistant U.S. Attorney Christopher Pohl of the Criminal Division is prosecuting the case.

The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

ALBUQUERQUE – A Laguna man was sentenced to 24 months in prison for violent assault.

There is no parole in the federal system.

According to court records, on August 18, 2023, Kenzie Alonzo, 26, an enrolled member of the Pueblo of Laguna, physically assaulted Jane Doe during a verbal altercation. As a result, Jane Doe sustained serious bodily injury, including a concussion, severe bruising, and bite marks, requiring emergency medical transport and hospitalization.

Alonzo pled guilty to assault resulting in serious bodily injury. Upon his release from prison, Alonzo will be subject to three years of supervised release.

Acting U.S. Attorney Ryan Ellison made the announcement today.

The Bureau of Indian Affairs investigated this case with assistance from the Zia Police Department. Assistant United States Attorney Jesse Pecoraro is prosecuting the case.

This press release was posted November 13, after the end of the federal government shutdown.

Source: United States Department of Justice Criminal Division

BOSTON – A Tewksbury man has been arrested and charged on Oct. 7, 2025 with distribution, possession, and receipt of child sexual abuse material (CSAM) allegedly containing images of children between five and seven years old.

Brian McCarthy, 52, was indicted by a federal grand jury on Nov. 4, 2025 on one count of distribution of child pornography; one count of possession of child pornography; and one count of receipt of child pornography. McCarthy was arrested at home on Oct. 7, 2025 on a criminal complaint and was released on conditions following an initial appearance in federal court in Boston.

According to the charging documents, on or about Oct. 6, 2025, McCarthy allegedly exchanged messages with another user on Telegram and knowingly distributed to that user 10 files appearing to depict CSAM. The children in at least two of these videos appeared to be between approximately five and seven years old. On Oct. 7, 2025, McCarthy was allegedly found to knowingly possess files appearing to depict child pornography.

The charge of distribution of child pornography provides for a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of receipt of child pornography provides of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Leah B. Foley and Michael J. Krol, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Valuable assistance was provided by HSI Columbus, Massachusetts State Police and Tewksbury Police Department. Assistant U.S. Attorney Allegra Flamm of the Major Crimes Unit is prosecuting the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

Source: United States Department of Justice Criminal Division

ALBUQUERQUE – A man was charged with assaulting a Bureau of Indian Affairs officer who responded to a report of property damage on the Mescalero Apache Reservation.

According to court documents, on May 29, 2025, Dominic James Isaac Sandoval Peralta, 23, an enrolled member of the Mescalero Apache Tribe, assaulted and resisted an officer from the Bureau of Indian Affairs, Office of Justice Services when the officer arrived at a residence on the Mescalero Apache Reservation in response to reports of a male breaking windows. When the officer approached Peralta, he was acting erratic and yelling. Peralta then advanced on the officer, leading to a physical confrontation during which Peralta punched the officer in the head several times, forcing the officer to stun Peralta with a taser in order to place him under arrest.

Peralta is charged with assault, resistance and opposition of an officer of the U.S. resulting in physical contact and will remain in custody pending trial, which has not been scheduled. If convicted of the current charges, Peralta faces eight years in prison.

Acting U.S. Attorney Ryan Ellison and Justin A. Garris, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney James Dickens is prosecuting the case.

A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

This press release was posted November 13, after the end of the federal government shutdown.

Source: United States Department of Justice Criminal Division

Richard G. Frohling, Acting United States Attorney for the Eastern District of Wisconsin, announced that on October 14, 2025, Dianna L. Chevalier (age: 41), formerly of Keshena, received a 60-month sentence for a drug related crime on the Menominee Indian Reservation. The sentence, imposed by Senior United States District Judge William C. Griesbach, came after Chevalier entered a guilty plea to possession with intent to distribute methamphetamine on May 29, 2025. After her prison sentence Chevalier will be on supervised release for an additional 60 months.

According to court documents, Chevalier was the passenger in a car that fled from Shawano County law enforcement on September 10, 2024. The vehicle entered the Menominee Indian Reservation and tribal and county law enforcement continued the chase. The vehicle drove north through Keshena and ultimately stopped at a residence near Crow Settlement Road and Wisconsin State Highway 47. Chevalier and others jumped out of the car and began to run toward the residence but were apprehended outside the home. Chevalier had multiple plastic bags on her person, containing a total of 43.11 grams of methamphetamine.

At his sentencing hearing, Judge Griesbach noted Chevalier’s lengthy criminal history and the seriousness of the offense. Judge Griesbach also considered the damage done to the Menominee Indian Reservation and other communities through abuse of controlled substances, and the danger those substances represent to the people who buy them.

The case was investigated by the Menominee Tribal Police and Federal Bureau of Investigation, with assistance from the Shawano County Sheriff’s Office, Menominee County Sheriff’s Office, and Wisconsin State Crime Laboratory. Assistant United States Attorney Andrew J. Maier prosecuted the case in U.S. District Court in Green Bay.

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Source: United States Department of Justice Criminal Division

BOSTON – A Westfield man was sentenced on Oct. 17, 2025 in federal court in Worcester for his role in a conspiracy to traffic drugs from California to Massachusetts and launder the proceeds.

David Cruz, 56, was sentenced by U.S. District Court Judge Margaret R. Guzman to nine years in prison, to be followed by one year of supervised release. On Sept. 6, 2017, Cruz pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin, conspiracy to distribute and possess with the intent to distribute cocaine, and possession of a firearm in relation to a drug trafficking offense, and possession of a firearm and ammunition by a previously convicted felon.  

Between approximately 2015 and his arrest on Sept. 12, 2016, Cruz conspired to – and did – import cocaine, heroin and fentanyl from Mexico into California, and then transport it across the United States and distribute it to local dealers in western Massachusetts and southern Vermont. According to court records, Cruz distributed approximately 32 kilos of cocaine and approximately 1 kilo of fentanyl. Cruz also used various methods to launder the proceeds to his organization in California and Mexico, including through wire transfers and cash money drops. Lastly, Cruz possessed a loaded .380 caliber semi-automatic pistol to protect his drugs and drug proceeds.  

United States Attorney Leah B. Foley and Jarod A. Forget, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. DEA’s Carlsbad Resident Office, Homeland Security Investigations and the Westfield Police Department assisted in the investigation. Assistant U.S. Attorneys Steven H. Breslow and Neil L. Desroches of the Springfield Branch Office prosecuted the case.

Source: United States Department of Justice Criminal Division

ALBUQUERQUE – A Casamero Lake woman pleaded guilty to involuntary manslaughter after striking and killing a pedestrian on a dirt road while driving drunk.

According to court documents, on or about August 6, 2024, Debbie Rojack, 45, an enrolled member of the Navajo Nation, hit and killed John Doe on a dirt road after drinking a 6-pack of beer the day of the incident. John Doe’s body was found on the side of the road four days later. The cause of death is listed as blunt force trauma. Investigators located car parts in the area of John Doe’s body which later came back to a vehicle owned by Rojack.

On October 4, 2024, Special Agents spoke to Rojack again, who stated that she had heard that someone was killed in the same canyon where her accident had occurred and confirmed that she was the only person in the vehicle at the time of the accident.

Rojack pleaded guilty to involuntary manslaughter. At sentencing, Rojack faces up to eight years in prison. Upon her release from prison, Rojack will be subject to three years of supervised release.

Acting U.S. Attorney Ryan Ellison and Justin A. Garris, Special Agent in Charge of the Federal Bureau of Investigation’s Albuquerque Field Office, made the announcement today.

The Gallup Resident Agency of the Federal Bureau of Investigation’s Albuquerque Field Office investigated this case with assistance from the Navajo Police Department and Navajo Department of Criminal Investigations and the New Mexico State Police. Assistant U.S. Attorney Brittany DuChaussee is prosecuting the case.

This press release was posted November 13, after the end of the federal government shutdown.