Rochester Man Sentenced to 14 Years in Prison for Home Invasion Targeting Drug Dealers

Source: US FBI

ROCHESTER, N.Y. – U.S. Attorney Trini E. Ross announced today that Raekwon Green a/k/a Bundy a/k/a Bundles, 28, of Rochester, NY, who was convicted of Hobbs Act Conspiracy and Attempted Hobbs Act Robbery, was sentenced to serve 14 years in prison by U.S. District Judge Frank P. Geraci, Jr.

Assistant U.S. Attorney Robert A. Marangola, who handled the case, stated that between February 2020 and April 1, 2020, Green conspired with Robert Forbes, Jr., and others, to commit four home invasion robberies in Rochester and Greece, NY. During some of the home invasions, individuals were restrained, pistol-whipped, and/or suffered injuries, while the defendants took controlled substances and U.S. currency from the homes.

Robert Forbes, Jr. was previously convicted and sentenced to serve 19 years in prison.

The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Matthew Miraglia, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Bryan Miller, New York Field Division, and the Rochester Police Department, under the direction of Chief David Smith.

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Birmingham Man Pleads Guilty to Interference with Commerce by Robbery and Felon in Possession of a Firearm

Source: US FBI

BIRMINGHAM, Ala. – A Birmingham man has pleaded guilty to robbery and gun charges, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.

Henry Sirnard Russell, 42, pleaded guilty this week before U.S. District Judge Anna M. Manasco to the charges of Interference with Commerce by Robbery and being a Felon in Possession of a Firearm.

He entered his plea pursuant to a binding Plea Agreement with the government, in which the parties jointly agreed to a sentence of 240 months (20 years) in prison. His sentencing is scheduled for October 26, 2022.

According to the Plea Agreement, on October 12, 2021, Hoover Police responded to the Chevron convenience store in Hoover.  The clerk of the store reported an armed male stole an undisclosed amount of money.  The clerk saw the suspect leave in a grey SUV, and the police issued a BOLO to surrounding agencies.  Vestavia Hills officers saw a vehicle matching the BOLO and conducted a traffic stop on the vehicle.  Henry Sirnard Russell was the sole occupant of the vehicle and appeared very nervous and was shaking.  Russell was asked to exit his vehicle, but he refused and drove away.  A short pursuit ensued, and Russell stopped his vehicle and fled on foot.  Various law enforcement agencies arrived on scene, set up a perimeter, used a drone, a K-9, and a helicopter to assist in locating Russell.  The search continued throughout the night until a Hoover Police Officer notified dispatch that he observed Russell on the northbound side of I-65 toward Hoover from Homewood.  Officers immediately converged on the area and Russell fled into the wood line where he was arrested.

“Federal and local law enforcement agencies prioritize resources on individuals and factors that drive violent crime in communities and that pose a continual threat to public safety,” said United States Attorney Prim F. Escalona. “People who persistently cause harm in our communities will receive the full attention of federal law enforcement.”

Russell has prior felony convictions for Domestic Violence, Assault (Second Degree), and Robbery (First and Second Degree).

FBI investigated the case along with the Jefferson County Sheriff’s Office, Homewood Police Department, Hoover Police Department, and the Vestavia Hills Police Department. Assistant United States Attorney Darius Greene prosecuted the case.

Hartselle Man Pleads Guilty to Attempted Kidnapping and Sexual Assault

Source: US FBI

BIRMINGHAM, Ala. –  Yesterday, a Hartselle man pleaded guilty to using the internet to orchestrate an attempted kidnapping and sexual assault, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.

Matthias Jacob Edward Mann, 22, of Hartselle, pleaded guilty before U.S. District Judge Abdul K. Kallon to attempted kidnapping and attempted inducement of an individual to travel in interstate commerce to commit an illegal sex act. As part of the plea agreement, the parties stipulated to a 180-month term of imprisonment for Mann’s crimes.

According to the plea agreement, on December 29, 2021, an undercover detective with the Owatonna, Minnesota Police Department was monitoring the public Kik group “Abduction and R@pe 3.” During that time, the Kik User “Dylan H.,” who was determined to be Mann, posted in the group, asking for someone to abduct and sexually assault a woman from Wisconsin. The undercover detective responded and told Dylan H. that he was in Minnesota and would be interested.

On December 30, 2021, the undercover detective recorded a telephone conversation with Mann. On the call, Mann confirmed that his request for the abduction and sexual assault of the victim was not a fantasy. Mann provided the undercover detective with photos and a physical address of the victim, who he stated was a former friend.  Mann requested a video to confirm that the abduction and sexual assault was carried out as requested.  During their subsequent conversations, Mann agreed to pay the undercover detective gas money to travel to Wisconsin from Minnesota and approximately $2,000.00 once the abduction and sexual assault had been completed. Mann paid the undercover detective $75 on January 5, 2022.

Federal agents arrested Mann on the morning of January 6, 2022, in Hartselle, Alabama.

“This case highlights the dangers of the internet and how an online relationship can quickly take a turn into dangerous territory. Law enforcement is to be commended for their quick response across four states and among several different local, state, and federal agencies. They coordinated their efforts to ensure that the victim was safe, and then worked expeditiously to identify the defendant and arrest him.” said U.S. Attorney Prim F. Escalona. 

“The crimes that Mann has pled guilty to are deplorable. I’m proud of the work of my agents and our partners to bring him to the justice he deserves,” said Johnnie Sharp, Jr., Special Agent in Charge, Federal Bureau of Investigation.

The FBI-Birmingham Division investigated the case along with the Sun Prairie, Wisconsin Police Department; Owatonna, Minnesota Police Department; and FBI-Atlanta Division.  Hartselle Police Department also provided assistance. Assistant U.S. Attorneys Laura D. Hodge and John M. Hundscheid are prosecuting the case.

Sylacauga Man Convicted of Attempted Robbery

Source: US FBI

BIRMINGHAM, Ala. – Dameon LaShawn Nix, 32, of Sylacauga, was convicted after a jury trial of attempted robbery and of using a firearm during a crime of violence announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.

Evidence presented at trial revealed that on May 28, 2019, Nix entered the Coosa Pines Federal Credit Union in Sylacauga and shot a pistol three times into the ceiling.  Twenty minutes after fleeing the credit union, Nix was caught by two Sylacauga police officers while attempting to escape through nearby woods. He was in possession of $195 belonging to a customer at the credit union and a gun holster.  The firearm was never found.  Nix had taken the cash from the customer when the tellers were unable to open their cash drawers.  A delivery driver observed Nix donning a mask as he entered the credit union, and later picked him out of a lineup. Experts from the FBI laboratory in Quantico, Virginia, identified Nix’s DNA on clothing he had discarded in the woods as he fled the bank. The clothes bearing Nix’s DNA matched the clothing worn by the robber as revealed by the credit union’s surveillance cameras. 

Nix faces imprisonment of approximately 40-50 months on the attempted credit union robbery and a 10-year consecutive term of imprisonment for discharging the firearm during the attempted robbery. 

“The FBI is committed to working with our state, local and federal partners to combat violent crime and bring individuals like Nix to justice,” said FBI SAC Johnnie Sharp. “I particularly want to express my appreciation to our partners with the Sylacauga Police Department for their outstanding work and assistance in this case.”

“We are grateful for the work of the Sylacauga Police Department in apprehending this offender,” said U.S. Attorney Escalona. “As this case confirms, working closely with our federal, state, and local law enforcement partners is the best way to combat violent crime and remove violent offenders from our communities.”

The Federal Bureau of Investigation investigated.  Assistant United States Attorneys John Camp and Bill Simpson prosecuted the case.

Convicted Felon Sentenced for Illegal Firearm Possession

Source: US FBI

BIRMINGHAM, Ala. –A federal judge this week sentenced a convicted felon for three counts of illegally possessing a firearm, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and Bureau of Alcohol, Tobacco and Firearms Special Agent in Charge Mickey French.

United States District Court Judge Madeline Hughes Haikala sentenced Demarcus Marshall, 27, to 120 months in prison.  Marshall pleaded guilty to the charges in January. According to the plea agreement, Marshall illegally possessed a firearm on three occasions.

On September 9, 2020, Birmingham Police Officers responded to a domestic call where Marshall’s girlfriend was the victim. When officers arrived, they recovered a loaded Taurus 9mm pistol from Marshall.

On September 30, 2020, a Homewood Police Officer initiated a traffic stop on a vehicle where Marshall was the passenger and observed Marshall holding a pistol.  Officers recovered a Taurus .40 caliber pistol loaded with seven rounds of ammunition.  The officers also recovered a Springfield Armory 9mm pistol in the front passenger glove box loaded with 18 rounds of ammunition.  They also recovered loose rounds of ammunition throughout the vehicle.

On June 22, 2021, Marshall approached a woman and assaulted her by hitting her in the face with his fist and throwing her to the ground.  The female got away from Marshall and got into her car. As she drove away, Marshall chased after the car and fired two rounds from a handgun at the vehicle.  No one was hit by the rounds.  A Birmingham Police Officer recovered a .40 caliber shell casing from the ground near where Marshall had fired.  Later that day, Jefferson County Sheriff’s Officers initiated a traffic stop on a vehicle with four occupants. Marshall was in the back seat and when officers approached, Marshall was attempting to conceal a firearm under the driver’s seat of the vehicle.  The officers instructed him to stop moving but he did not comply until he completely concealed the item.  The officers recovered a Smith & Wesson .40 caliber pistol, digital scale, and miscellaneous controlled substances. 

“To reduce the gun violence occurring in our communities, we partner with other law enforcement agencies to arrest and prosecute those who persistently violate federal gun laws and commit acts of violence,” said U.S. Attorney Escalona. “We are grateful for the coordinated work of our federal, state, and local partners in bringing this offender to justice.”

“The ATF recognizes that we are most successful when we work with our state, local, and federal partners. Our ability to protect the American families, increases by having a comprehensive violent crime reduction strategy in place.  We will continue to focus our efforts to decrease violent crime and hold individuals accountable who continuously cause harm in the community,” said ATF Special Agent in Charge Mickey French.

“While the FBI investigates a host of crimes, fighting violent crime and being effective partners to state and local law enforcement is at the core of who we are, and we will continue to work shoulder to shoulder with our partners in the fight against violent crime,” said FBI Special Agent in Charge Johnnie Sharp, Jr.

This case is part of the U.S. Attorney’s Office Operation Safe Families Initiative, which was launched in October 2020.  Operation Safe Families focuses on fighting domestic violence in the Northern District of Alabama. Annually, offenders with a history of domestic violence commit more than half of all homicides committed in Jefferson County. Through Operation Safe Families, the U.S. Attorney’s Office works with federal, state, and local law enforcement to use federal firearm laws to combat domestic violence. 

“The United States Attorney’s Office and our partners prioritize protecting victims and the community from people who commit domestic violence with a firearm,” said U.S. Attorney Escalona. “The presence of a firearm within a domestic violence situation increases the threat of death to the victim by 500%. Moreover, escalating community violence in Jefferson County is being driven by people who have a history of domestic violence, with 74% of solved homicides in 2021 being committed by someone with a history of domestic violence,” added U.S. Attorney Escalona.

FBI investigated the case along with ATF, the Birmingham Police Department, and the Jefferson County Sheriff’s Office. Assistant United States Attorneys Kristy Peoples and Darius Greene prosecuted the case

U.S. Attorney’s Office Announces Point of Contact for Election Fraud and Voting Rights Concerns

Source: US FBI

ALBANY, NEW YORK – United States Attorney Carla B. Freedman announced today that Assistant United States Attorney (AUSA) Joshua R. Rosenthal will lead the efforts of the United States Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election.  AUSA Rosenthal has been appointed to serve as the District Election Officer (DEO) for the Northern District of New York and in that capacity is responsible for overseeing the District’s handling of Election Day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department headquarters in Washington, D.C.

United States Attorney Freedman stated: “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election.  Similarly, election officials and staff must be able to serve without being subject to threats of violence.  The Department of Justice will always work tirelessly to protect the integrity of the election process.”

The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud.  The Department will address these violations wherever they occur.  The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.

Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice.  The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).  

In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Rosenthal will be working while the polls are open.  He can be reached by the public at the following telephone number: 518-431-0389.

In addition, the Federal Bureau of Investigation (FBI) will have Special Agents available in each Field Office and Resident Agency Office throughout the country to receive allegations of election fraud and other election abuses on Election Day.  The FBI Albany Field Office can be reached by the public at 518-465-7551.

Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, D.C. by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.

Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency. 

Six Men Indicted in Connection with “ATM Jackpotting” Conspiracy

Source: US FBI

SYRACUSE, NEW YORK – Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, Deivy Santiago Pena-Rojas, Jefferson Jose Marquez-Marquez, all citizens of Venezuela, were indicted for conspiracy to commit bank larceny, and bank larceny related to their involvement in a nationwide automatic teller machine (ATM) Jackpotting Scheme. United States Attorney Carla B. Freedman and Craig. L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI) made the announcement.

“ATM jackpotting” is the exploitation of physical and software vulnerabilities in ATMs that result in the machines dispensing cash to unauthorized fraudsters. Typically, during ATM jackpotting events one or two people use a key to access the inside of an ATM to install a foreign device that allows a hacker to assume control of the ATM. After the ATM is compromised, groups of individuals arrive at the ATM to conduct transactions and the ATM dispenses its cash reserves, which are untethered to any bank account. 

In December 2023, several financial institutions in the Northern District of New York became victims of an ATM Jackpotting scheme. In total, over $400,000.00 was stolen during four separate ATM jackpotting events in Onondaga, Broome, and Chenango counties.

Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, and Deivy Santiago Pena-Rojas have all been arrested and are in custody in the Northern District of New York. Jefferson Jose Marquez-Marquez is in custody in South Dakota and is awaiting transport to the Northern District of New York.

The charges to which Joelvis Jose Rivas-Solorzano, Silvio Fabian-Ordonez, Jose Medina, Jose Navarro, Deivy Santiago Pena-Rojas, Jefferson Jose Marquez-Marquez face carry a maximum sentence of 5 or 10 years, a fine of up to $250,000 million, and a supervised release term of up to 3 years. The charges in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

This case is being investigated by the FBI Albany Field Office, with assistance from  United States Immigration and Customs Enforcement (ICE), United States Customs and Border Protection (CBP), United States Secret Service, the New York State Police, the Onondaga County Sherriff’s Office, the Chenango County Sherriff’s Office, the Broome County Sherriff’s Office, the Town of Cicero Police Department, the Syracuse Police Department, the Binghamton Police Department, the Norwich Police Department, the Dearborn, Michigan Police Department, and the Belle Fourche, South Dakota Police Department. Special Assistant United States Attorney Paul Tuck is prosecuting the case.

Convicted Sex Offender Indicted on Federal Child Exploitation Charges

Source: US FBI

HUNTSVILLE, Ala. – A federal grand jury last week indicted a Madison County man on multiple child sexual exploitation charges, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.

A four-count indictment filed in the U.S. District Court charges Kevin Alexander Guerrero-Beltran, 32, with advertising, transportation, distribution, and possession of child pornography. 

According to the indictment, Guerrero-Beltran was previously convicted in the Circuit Court for Marshall County for traveling to meet a child for sex in Alabama.  With that prior conviction, the advertisement of child pornography charge carries a statutory imprisonment range of 25 to 50 years.

FBI Birmingham’s Child Exploitation and Human Trafficking Task Force (CEHTTF), FBI Phoenix Division, U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI), Alabama Law Enforcement Agency (ALEA), Huntsville Police Department, Madison County Sheriff’s Office, and Georgia Bureau of Investigation participated in this investigation.  Assistant U.S. Attorney R. Leann White is prosecuting the case.

The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

An indictment contains only charges.  A defendant is presumed innocent unless and until proven guilty. 

Norwich Man Pleads Guilty to Unlawfully Possessing a Short-Barreled Rifle

Source: US FBI

SYRACUSE, NEW YORK – Benjamin Wheeler, age 19, of Norwich, New York pled guilty today in federal court in Utica to possession of an unregistered short-barreled rifle, announced United States Attorney Carla B. Freedman, Craig. L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Bryan Miller, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

As part of his guilty plea today, Wheeler admitted that on August 6, 2024, the defendant knowingly possessed a “Spikes Tactical” AR-15 style rifle at his apartment in Norwich, New York, knowing that the firearm had a barrel length of less than sixteen inches. The firearm was not registered to the defendant in the National Firearms Registration and Transfer Record as required by federal law.

Sentencing for his conviction for possession of an unregistered short-barreled rifle is scheduled for February 12, 2025, in Utica, New York, at which time Wheeler faces a maximum sentence of up to 10-years in prison, a fine of up to $250,000.00, and a term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.

The case is being investigated by the Federal Bureau of Investigation (FBI), the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), New York Police Department (NYPD) and the New York State Police with assistance from the Chenango County Sheriff’s Department.  Assistant U.S. Attorney Geoffrey J. L. Brown is prosecuting the case.