05March2011 4:00amEST
ISSUED BY: GCIS Communications Command Center
SOURCE: FBI
Jared Lee Loughner Charged for Multiple Murders, Attempted Assassination
GCIS INTELLIGENCE UPDATE: TUCSON, AZ—A federal grand jury yesterday returned a 49-count superseding indictment against Jared Lee Loughner of Tucson for the murder of a federal judge and a Congressional staff member, as well as for causing the deaths of four other participants and injuries to many more during his alleged attempt to assassinate U.S. Representative Gabrielle D. Giffords at her Congress on Your Corner event held on Jan. 8.
Loughner, 22, is charged with the murder of U.S. District Judge John M. Roll and Gabriel M. Zimmerman, a staff member and Director of Community Outreach for Rep. Giffords, according to the new indictment. Loughner will also face charges for causing the death of participants at a federally provided activity, namely the killings of Dorothy J. Morris, Phyllis C. Schneck, Dorwan C. Stoddard, and a child, referred to in the indictment as C-T G., who were shot while waiting to see Rep. Giffords 
at the Congress on Your Corner event.
"This was an attack on Congresswoman Giffords, her constituents, and her staff," said U.S. Attorney Dennis K. Burke. "We will seek justice for the federal officials, Judge Roll and Gabriel M. Zimmerman, and for Dorothy J. Morris, Phyllis C. Schneck, Dorwan C. Stoddard, and C-T G. These final four Arizonans' lives were extinguished while exercising one of the most precious rights of American citizens, the right to meet freely and openly with their Member of Congress. The deceased are not the only ones whose rights are being defended. Those citizens who were peaceably assembled to speak to their Member of Congress are also named victims in this indictment. This indictment involves potential death-penalty charges, and Department rules require us to pursue a deliberate and thorough process. That process is ongoing, and we will continue to work diligently to see that justice is done."
The indictment also includes allegations brought forward in a previous indictment in January that Loughner attempted to assassinate Rep. Giffords, who was shot in the head and is undergoing rehabilitation in Houston, and attempted to murder two federal employees who worked for Giffords, District Director Ronald S. Barber and Community Outreach Coordinator Pamela K. Simon, who were both shot multiple times and are recovering.
Loughner will be arraigned on the new charges at a hearing on Wednesday, March 9, in Tucson before U.S. District Judge Larry A. Burns. Loughner has been held in federal custody since Jan. 8. As stated previously, the Pima County Attorney's Office intends to pursue all state charges against Loughner.
An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
In determining an actual sentence should Loughner be convicted, Judge Burns will also consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.
Burke emphasized that the procedure in any case which may result in a punishment of death requires a careful and deliberate process, and includes consultation with the victims of the crimes and their families, consideration of all evidence relevant to guilt and punishment, including aggravating and mitigating evidence, and consultation with all the law enforcement agencies investigating the case.
Also, in order to pursue the death penalty the U.S. Attorney's Office for Arizona must provide information to the Capital Review Committee.
The investigation preceding the indictment was conducted by a multi-jurisdictional law enforcement team led by the FBI. The prosecution is being handled by Assistant U.S. Attorneys Wallace H. Kleindienst, Beverly K. Anderson, Christina M. Cabanillas and Mary Sue Feldmeier of the District of Arizona, Tucson. (read full report)
Twenty-Five Members of the MS-13 Street Gang Indicted on Federal Racketeering Charges
GCIS INTELLIGENCE UPDATE: Loretta E. Lynch, United States Attorney for the Eastern District of New York; Janice K. Fedarcyk, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office; Lawrence W. Mulvey, Commissioner of the Nassau County Police Department; and Richard Dormer, Commissioner of the Suffolk County Police Department, today announced the unsealing of a 70-count third superseding indictment charging 25 members and associates of La Mara Salvatrucha street gang (“MS-13”), with murder, assault with dangerous weapons, witness tampering and retaliation, extortion, narcotics trafficking, firearms offenses, obstruction of justice, and related crimes.1 The defendants, who are all in custody, will be arraigned next week before United States District Judge Joseph F. Bianco, at the United States Courthouse, 100 Federal Plaza, Central Islip, New York.
This indictment adds five MS-13 members and 31 additional counts, including charges relating to five murders in Nassau and Suffolk Counties:
(1) Adalberto Ariel Guzman, Rene Mendez Mejia, and Heriberto Martinez are charged in connection with the execution-style murders of Vanessa Argueta, a 19- year-old woman, and her 2-year-old son, Diego Torres, in Central Islip, New York, on February 5, 2010. The bodies of Argueta and Torres were found in a secluded wooded area in Central Islip—Argueta had been shot in the head and chest, and Torres had been shot twice in the head.
(2) David Valle and Yonis Acosta-Yanes are charged in connection with the May 5, 2008, murder of Santos Castillo-Martinez in front of 267 Washington Avenue, Hempstead, New York.
(3) Valle and Louis Ruiz are charged in connection with the October 22, 2009, murder of Jairo Vasquez in the vicinity of 67 Meadow Street in Garden City, New York.
(4) Franklin Villatoro and Yobany Calderon are charged in connection with the December 12, 2009, murder of 16-year-old Erick Avalos outside the Kennedy Chicken restaurant at 692 Fulton Street, Hempstead, New York.
The indictment announced today also:
(1) Adds charges relating to attempted murders, assaults with dangerous weapons, and conspiracies to murder or assault rival gang members.
(2) Charges David Valle, Elenilson Ortiz, Louis Ruiz, and Franklin Villatoro with attempting to extort money, drugs, and commissary items from other inmates at the Nassau County Correctional Center while incarcerated.
(3) Charges Francisco Ramos with conspiring to murder three individuals he believed were going to testify against him and his co-defendants in connection with a series of assaults that took place on September 14, 2008, at the Antojitos Salvadoreno Bar in Hempstead, New York.
The prior indictments in this case charged MS-13 members and associates with four other murders: the May 26, 2009, murder of Dexter Acheampong in Central Islip, New York; the February 17, 2010, murder of David Sandler in Brentwood, New York; the March 6, 2010, murder of Nestor Moreno in Hempstead, New York; and the March 17, 2010, murder of Mario Alberto Canton Quijada in Far Rockaway, New York, and a series of violent crimes, including attempted murders, conspiracies to murder rival gang members, and assaults that left a number of victims seriously injured, and in one case dead, in Nassau, Suffolk, and Queens Counties since 2008.
If convicted, each defendant faces a maximum sentence of at least 20 years and up to life in prison. The defendants charged with the murders each face mandatory life in prison or the death penalty.
This superseding indictment is the latest in a series of indictments by the United States Attorney’s Office for the Eastern District of New York prosecuting members of the MS- 13, a violent international street gang comprised primarily of immigrants from El Salvador, Honduras, and Guatemala, many of whom are in the United States illegally. With numerous cliques, the MS-13 is the largest street gang on Long Island. Over the past decade, more than 120 MS-13 members, including the leaders of a number of the MS-13 cliques on Long Island, have been arrested and convicted on federal felony charges in this district, including federal racketeering and murder charges. The prosecutions are the 
result of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Police Department, Hempstead Village Police Department, New York State Police, and United States Department of Homeland Security, Homeland Security Investigations.
“The crimes alleged in this indictment demonstrate the ruthless violence the MS-13 street gang has unleashed on the neighborhoods of Long Island,” stated United States Attorney Lynch. “We will continue to respond to the MS-13’s brutal violence with unwavering investigation and prosecution. If gang members commit violent crimes on Long Island, they will be brought to justice and prosecuted to the fullest extent of the law.” Ms. Lynch extended her grateful appreciation to each of the law enforcement agencies and prosecutors’ offices for their assistance in this case.
FBI Assistant Director in Charge Fedarcyk stated, “The heinous crimes outlined in this indictment graphically demonstrate that notoriously violent gangs like MS-13 place little value on human life. As alleged, these defendants stopped at nothing to enforce discipline, silence witnesses, or eliminate rivals, and in the process terrorized several Long Island communities and their law-abiding residents. The charges brought today are the culmination of years of work by the Long Island Gang Task Force, and would not have been possible without the commitment of the Nassau and Suffolk County Police Departments.”
Nassau County Police Commissioner Mulvey stated, “I am proud of the dedication and cooperation that has been displayed by federal, state, and local law enforcement. We cannot allow violent gangs to torment and victimize our communities. Through these indictments we will begin the process of holding the defendants accountable for their alleged criminal acts.”
“More than two dozen alleged violent gang members are off the streets of Long Island thanks to the cooperative effort between federal and local law enforcement agencies,” said Suffolk County Police Commissioner Dormer. “Those arrested have been taken out of our communities and will have to answer for the heinous crimes charged in the indictment. I would like to thank the FBI, the United States Attorney for the Eastern District of New York, and Suffolk County Executive Steve Levy for their commitment to strong law enforcement and their support throughout the investigation and prosecution of these defendants.”
Nassau County Sheriff Michael Sposato stated, “This indictment represents the mutual cooperation and joint efforts on the part of all of the member agencies of this task force. Further, it demonstrates that the criminal activities alleged in the indictment will not be tolerated even when such criminal activities are committed while the defendants are incarcerated in a correctional facility. We are very pleased with the outcome of this investigation and the clear message that it sends to the MS-13 street gang.”
“This crackdown on transnational gangs demonstrates law enforcement’s commitment to stopping the escalating violence linked to gang activity,” said James T. Hayes, Jr., Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) in New York. “Removing alleged gang members from the streets will ensure that they are no longer in a position to wreak havoc in our neighborhoods and threaten the public's safety.”
Nassau County District Attorney Kathleen Rice stated, “Street gangs like MS-13 operate through ruthless violence and fear, but today’s indictments prove that we in law enforcement will not be intimidated. We will continue to work together to protect Long Island’s communities and ensure that those who commit violent crimes on our streets will be brought to justice.”
Suffolk County District Attorney Thomas Spota stated, “Our collaboration with the U.S. Attorney’s office and other federal law enforcement agencies investigating the alleged criminal activities of the MS-13 street gang in Suffolk County has proven again to be a successful alliance. This indictment illustrates United States Attorney Lynch’s leadership and commitment to this strategy.”
Hempstead Village Police Chief Joseph Wing stated, “The violence MS-13 commits throughout many communities on Long Island must stop. This indictment will bring justice to the victims and send a clear message that the street gang’s alleged criminal acts will not be tolerated. Hempstead Police, working with county, state, and federal agencies creates the force multiplier that is essential in the war on violent gangs. We stand committed in the effort to maintain peace in our Village.”
The government’s case is being prosecuted by Assistant United States Attorneys John J. Durham and Raymond A. Tierney. (read full report)
Former Upland, CA Mayor, Second City Official Indicted in Federal Corruption Case for Demanding $70,000 in Bribes
GCIS INTELLIGENCE UPDATE: RIVERSIDE, CA—A federal grand jury has indicted the former mayor of Upland and the mayor’s appointee to a municipal board on federal corruption charges that outline an extortion scheme targeting two Upland businesses
John Victor Pomierski, 56, of Upland, who resigned as mayor last week, is expected to surrender to authorities later today after being named in an 11-count indictment returned yesterday afternoon by a federal grand jury in Riverside. The indictment accuses Pomierski of conspiracy, extortion, and bribery offenses in a scheme the led two victim business owners to actually pay a total of $45,000 in bribes.
The second defendant in the indictment—John Edward Hennes, 54, of Upland, who is a member of the Building Appeals Board of Upland—was arrested without incident this morning by special agents with the Federal Bureau of Investigation.
Pomierski and Hennes are expected to make their initial appearances this afternoon at 1:30 in United States District Court in Riverside.
According to the indictment, Pomierski demanded and received money from the owners of two Upland businesses in exchange for the performance of official acts in connection with Upland city government business and transactions. The indictment alleges that Hennes and two others involved in the scheme communicated Pomierski’s extortionate demands to the business owners and collected money on behalf of Pomierski. Hennes and the two other co-conspirators entered into consulting agreements with the business owners to disguise the nature of the payments and to protect Pomierski.
“The public can and should expect honesty and integrity from public officials—standards by which the mayor failed to abide,” said United States Attorney André Birotte Jr. “The allegations against Mr. Pomierski indicate that he intended to enrich himself by engaging in conduct that tarnishes all public officials. The residents of Southern California can rest assured that law enforcement is committed to uncovering corrupt politicians and seeing that citizens and businesses are not victimized by self-serving politicians.”
Steven Martinez, the Assistant Director in Charge of the FBI in Los Angeles, stated: “The citizens of Upland, like any community of taxpayers, deserve to be represented by trustworthy and honorable members of government. The evidence found in our investigation suggests that the individuals charged didn’t deliver on election promises, but fostered a ‘pay to play’ environment to benefit personally, while taxpayers paid the price and were denied honest services.”
According to the indictment, members of the conspiracy twice demanded $25,000 payments—once in 2007, and again in 2009—from the owners of “Business A” in exchange for Pomierski’s assistance in obtaining permits for the business. In exchange for the bribe payments, Pomierski, among other things, allegedly spoke to other city officials on behalf of the business and offered to speak with the members of the city council when the business’ permit application came up for a vote. The owners of Business A were allegedly told to keep their arrangement quiet because Pomierski did not want the public to know he was “fast tracking” their application. One of the owners of Business A was cooperating in the investigation, and the payments made by Business A to the defendants in 2009 actually consisted of money supplied by the FBI. In total, Business A made extortionate payments totaling $35,000.
The indictment further alleges that Pomierski demanded $20,000 from the owner of “Business B” in exchange for assisting in relation to legal action the city had taken against Business B. The owner of that business paid $10,000 to a member of the conspiracy, who, at Pomierski’s direction, gave the $10,000 to Hennes.
On June 10, 2010, agents with the FBI executed search warrants at Upland City Hall, Pomierski’s residence, a Hennes-owned company called JH Builders and Venture West Capital, which is owned by two other co-conspirators who were previously charged. In connection with the searches, FBI agents interviewed Hennes, who denied to the agents that he had previously met with the owner of Business A and Pomierski. In a recorded conversation on June 28, Hennes admitted to one of the owners of Business A that he had lied to FBI agents. In addition to the corruption charges, Hennes is charged with making false statements to the FBI.
Pomierski and Hennes are both charged in the indictment with conspiracy and extortion under color of official right. Pomierski is also charged with accepting bribes. Hennes is charged with making false statements to the FBI. Extortion under color of official right and conspiracy to commit extortion under color of official right both carry a statutory maximum penalty of 20 years in federal prison. Bribery carries a statutory maximum penalty of 10 years in prison. Conspiracy to commit bribery and false statements each carry a statutory maximum penalty of five years in federal prison.
If convicted on all charges, Pomierski faces a statutory maximum penalty of 145 years in federal prison, and Hennes faces a maximum possible penalty of 50 years in federal prison.
Federal prosecutors previously charged two other defendants in relation to the extortion scheme. Jason Roy Crebs, 37, of Upland, and Anthony Orlando Sanchez, 35, of Rancho Cucamonga, the owners of Venture West Capital, were charged in a criminal information filed in federal court in Riverside on February 1. Crebs and Sanchez are both charged with aiding and abetting the demand and receipt of bribes. Crebs made his initial appearance yesterday in United States District Court in Riverside and was released on a $5,000 bond. Sanchez is scheduled to make his initial appearance on March 16. Court records show that both Crebs and Sanchez have entered into plea agreements, both of which were filed under seal.
The investigation in this case was conducted by the Federal Bureau of Investigation, which received assistance from the San Bernardino County District Attorney’s Office. In 2010, the FBI, the San Bernardino County District Attorney’s Office and the United States Attorney’s Office formed the San Bernardino Joint Corruption Task Force to investigate allegations of corruption in San Bernardino County.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty. (read full report)
