Table 3

Federal Prosecutions of Cases Involving Inmates
Using the Telephone to Facilitate a Crime

CASE NAME

YEAR (a)

OFFENSE

INMATE USE OF TELEPHONE

BOP INITIATED (b)

US v. Steven Girard Szili, et al 1985 Conspiracy to distr marijuana, operating a continuing criminal enterprise While serving a federal drug sentence, D directed drug business via phone calls to suppliers and his brother on outside.

No

US v. Daulys Enrique Chico-Polo 1986 Conspiracy to distribute cocaine Inmate used phones and visits to arrange delivery of cocaine and direct distribution of the proceeds

No

US v. Jesus Carrasco Santoy 1986 Drug conspiracy, CCE, various drug offenses. Santoy, after released from Leavenworth, obtained Mexican heroine through convicted trafficker Jesus Valenzuela-Verdugo, who was making delivery arrangements to Santoy from Leavenworth via telephone, per pen registers.

No

US v. James O'Connor 1987 Obstruction of Justice, subornation of Grand Jury perjury D, on outside, received collect calls from witness in prison whom D induced to commit perjury about D's arsons

No

US v. Terri Coyle 1988 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Thomas Lee Rush 1989 Retaliation on judge and witness, firearms violations D used phones in attempt to hire murder of two witnesses and judge, and to arrange illegal firearms for payment.

No

US v. Feiner 1989 Bank fraud Already convicted of bank fraud, D used his corporate secretary to forward calls for hours each day, to conduct a bank fraud scheme of buying and selling airplanes.

No

US v. Jeff Fort 1989 Distribution of drugs and weapons Fort and others used telephones to facilitate distribution of drugs and weapons. Gang members used coded language, eventually cracked with aid of cooperating gang members. Prosecution led in part to prosecution of El Rukn gang in NDIL

Unknown

US v. Mahmood Ul Hassan 1990 Conspiracy to possess and distribute heroine Directed from inside Terre Haute the importation of heroine from Pakistan into New York.

Unknown

US v. Liberatore 1990 RiCO, racketeering, conspiracy D is capo in Cleveland La Cosa Nostra used visiting room phone to assist establish and run a drug money laundering operation. Also used phone to pressure Unions and make loans to "connected" union contractors.

No

US v. Michael Barnes 1991 Conspiracy to possess and distribute heroine Used telephones in USP Terre Haute to direct wife and others in the distribution of heroine in Baltimore, MD and into USP Terre Haute.

Unknown

US v. Rafael Santana, et al 1991 Conspiracy to import, possession with intent to distr, heroine Inmate used telephone to negotiate with his co-conspirators on the outside, his end of a 141 kilo heroine deal.

No

US v. Dusenbery 1991 Taft Hartley Act, drug money laundering Coordinated multi k cocaine distribution ring and money laundering

No

US v. Lavell Johnson, Raymond Miolano, et al 1991 Drug charges Two inmates approached CO to bring in contraband, and used phone to arrange delivery by one of D's sister of marijuana and heroine into the institution.

Yes

US v. Marvin Mitchell 1991 Wire fraud D bilks trucking companies out of funds (approx $100,000) available to truckers on the road, using three-way calling, and outside contacts to cash the checks.

No

US v. Kenneth Noel 1991 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Michael Bruce Marks 1992 Wire fraud (8 counts) D, while incarcerated, set up and directed the operation of a fraudulent employment matching service of overseas jobs, $1M+.

No

US v. Thomas Summerville & Ralph Sharp 1992 Wire fraud D got names of recently deceased men from newspapers, use phone to call wives and claim that he was a friend of deceased. Wives would send money to Western Union, where D's accomplice picked it up.

Yes

US v. Brian Lester 1992 Racketeering D used phone to operate bookmaking activity.

No

US v. Russell Bradely Marks 1992 Tampering with witness D used phones to solicit the murder of a federal witness

No

US v. Phillip R. Goldberg 1992 Wire fraud D met women by phone, caused 1 woman's long distance carrier to be changed, then used that carrier and number, without authorization.

No

US v. Julio Cesar Ramos-Oseguera, et al 1993 Recordings of calls used to prove consciousness of guilt of other charges. Used telephone calls to family members to identify, intimidate and threat informants.

No

US v. Arthur Acosta 1993 Possessing, and attempting to pass, counterfiet currency, aiding and abetting After trial, before incarceration, D gave person a package of nearly $100,000 of counterfeit cash, and from inside, instructed by phone and visits, how to sell the counterfeit cash.

No

US v. Russell Terry Williams, et al 1993 Drug charges Inmates used phones to orchestrate heroine deals, speaking Spanish.

No

US v. Joseph A. Demonte 1993 Conspiracy, wire fraud, aiding and abetting Inmate defrauded females through "lonely hearts" ads, initial contact through mail then phones, and claimed to be white collar criminal with much money on outside that he needed the females to help him access.

No

US v. Laughing 1993 Smuggling Used phones to set up with Tribal Government officials, smuggling cigarettes and alcohol to Canada

No

US v. Alfred Maisonet, et al 1993 Heroine Cocaine Distribution Convicted drug dealer, for murder of witness, continued to direct Maisonet in narcotics transactions

Unknown

US v. Salameh 1993 Explosives Phones were used to assist in planning construction of explosive device.

No

US v. Heriberto Huerta 1993 RICO, CCE, drug offenses (including use of a telephone facility) firearms offenses, commission of violent crimes in aid of racketeering. Huerta was President of the San Antonio Division of the Mexican Mafia. Directed gang members on outside in drug trafficking, assault/murder, extortion, and smuggling drugs into Lompoc.

No

US v. McLemore 1994 Drug conspiracy Used telephone calls to a girlfriend to direct drug trafficking trips and recruit couriers.

No

US v. Rivera, et al 1994 RICO, RICO conspiracy, VCAR, narcotics trafficking Used phones to direct and receive profits from outside drug gang.

No

US v. Stephen Cavano, et al 1994 RICO conspiracy, use of interstate facilities in commission of murder for hire D used the phones in MCC Miami to communicate with co-conspirators in order to locate and id potential govt. witnesses in the crime pending against them. D conspired to murder the govt. witnesses.

No

US v Antoino Rosada 1994 Consp to distri cocaine, smuggle into fed fac, use of comm device, assault on federal officer. Drug introduction scheme, whereby inmate arranged deals over phone for other inmates to pay his courier, who would bring drugs into visiting room.

No

US v.Nelson Luis Millet, et al (Latin Kings) 1994 Racketeering, violent crimes in aid of racketeering, witness intimidation, drug trafficking Inmate, Supreme Commander of a branch of the Latin Kings, used telephones to run racketeering enterprise, including to select officers, collect intelligence, give orders re: drug block protection and punishing snitches.

No

US v. Reggie Green 1994 Bank fraud D used the telephone to direct people on how to advance his bank fraud scheme.

No

US v. Michael Wilson & Joni Barriga 1995 Conspiracy to possess narcotics with intent to distribute Talked girlfriend into bringing drugs into the institution.

Yes

US v. (Names protected) 1995 Consp. to possess with intent to distribute, dist. of large quantities of cocaine and meth, and use of telephone to commit a drug felony. Used telephone to relay in coded language his plan to resume trafficking and to check on the status of drug deliveries. Primary communication through family contact visits.

No

US v. Gerald Francis Chilli, et al 1995 RICO conspiracy to commit counterfeit credit card fraud Imprisoned pre-trial, organized crime member inmate maintained contact with co-conspriartor on outside in scheme to re-encode magnetic strips on counterfeit credit cards. Did not openly discuss scheme on phone, but conversations used to establish connection.

No

US v. Akiyoshi Yamada 1995 Medicare fraud of $30 million Inmate managed, directed, and supervised a scheme to continue to mail false claims for reimbursement to Medicare, using intimidation inside the prison to use the phone accounts of other inmates and using call forwarding.

No

US v. Addison, et al 1995 Contaband in prison Telephone used to arrange providing inmate with drugs.

Unknown

US v. Prince, et al 1995 Contaband in prison Telephone used to arrange providing inmate with drugs.

Unknown

US v. Burton, et al 1995 Contaband in prison Telephone used to arrange drug deal.

Unknown

US v. Terry Williams 1995 Contaband in prison Telephone used to arrange providing inmate with drugs.

Unknown

US v. Willis Williams 1995 Contaband in prison Telephone used to arrange providing inmate with drugs.

Unknown

US v. Dennis McMullen 1995 Tampering with witness D used phones to solicit the murder of a federal witness

No

US v. Smith 1995 Mail fraud, conspiracy D, while incarcerated, read newspaper to identify persons recently arrested, then called and directed his co-conspirator to call the person and offer to fix the charges for a fee.

No

US v. Yong Bin Gong, et al 1995 Conspiracy to distribute heroine Gong managed his drug distribution network in detail on a daily basis

Unknown

US v. Palazollo 1995 Loan sharking, tax offenses Inmate used telephone to communicate with co-consp re collecting outstanding loansharking debts

No

US v. Eugene Smith 1995 Money laundering D used phone to direct drug conspiracy

No

US v. Paul Ahrens 1995 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Ray Colon 1995 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Barry Keeter 1995 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Darres Park 1995 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Tony Hill 1996 Drug offenses D made calls to girlfriend in Florida to arrange purchase and delivery through two "mules" to D in institution. BOP prevented the delivery and mule later murdered D's girlfriend for non-payment.

Yes

US v. David Robert Kennedy 1996 Obstruction of justice, enhancment on underlying drugs and firearms charges. Following hung jury and partial conviction, inmate phoned witnesses to arrange for them to provide perjured testimony in the second trial.

No

US v. Darryl Henly, et al 1996 Drug charges D used phones to communicate to co-conspirators a multi k cocaine deal. Also used a cellular phone, provided by correctional officer, to orchestrate a murder for hire of the judge in his pending case.

No

US v. Harold Goldstein 1996 Mail fraud (8 counts) D used hundreds of phone calls to orchestrate a scheme to defraud investors by marketing bogus certificates of deposit.

No

US v. Saul Pedraza 1996 Conspriacy, attempted possession of a prohibited object in prison D placed calls from the MDC, providing instructions on smuggling heroine into institution.

Yes

US v. Sisti 1996 Concealment of assets Used phones in conspiracy to hide assets from bankruptcy trustee.

No

US v. Robert Morgan 1996 Obstruction of justice enhancment on underlying drugs and firearms charges. Inmate used phone to arrange with his mother to procure someone to commit the murder of the girlfriend of one of the witnesses in his case.

No

US v. Robert G. Fierer 1996 Conspiracy to obstruct justice, tax fraud, money laundering Inmate and co-conspirator spoke with numerous inmates on telephone concerning purchasing Rule 35's.

No

US v. Donald Lee Crosswhite 1996 Wire fraud and credit card fraud Inmate used stolen SSN's to establish fraudulent telephone service, sold phone service to inmates, used stolen credit card numbers to order consumer goods.

Yes

US v. Habib Reza Jamshidi 1996 Stolen US mail After stealing mail, inmate used phone to apply for credit cards.

No

US v. Jaime Rosada Rosario,, et al 1996 Tampering with witness, conspiracy Inmate received details by phone of the killing of the govt witness he and others had conspired to have killed to prevent testifying at the narcotics trafficking trial

No

US v. Hamid Reza Sayadi-Takhtehkar, et al 1996 Consp to poss and distr heroine, intimidation of witness, aiding and abetting Inmate used prison phone to dispatch threats to CI and family in Vienna, Austria

No

US v. John Fornarelli 1996 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Thomas Fornarelli 1996 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Charles James 1996 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. John Zambrana 1996 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Tina Zambrana 1996 Contraband in prison Inmate used telephone to communicate with co-consp re arranging introduction of drugs into the institution.

Yes

US v. Pamela Cain & Kiba Greenwood 1997 Conspiracy to possess with intent to distribute narcotics Talked girlfriend into bringing drugs into the institution.

Yes

OCDETF 1997 Numerous charges D and CI used phones to set up meetings at facility and at airport on the day D released to a half-way house, leading to several heroin and cocaine deals.

No

US v. Lawrence Sangaree 1997 Money laundering, conspiracy D used phones to continue money laundering after incarcerated, but before he pleaded, on unrelated charges.

No

US v. Leetavious Gaines 1997 No additional charges for obsruction of justice using telephone. D used the telephones to contact witnesses in his trial for multiple armed robberies, instructed witnesses to say they know anything and give false story as to why his fingerprints were at one crime scene.

No

US v. Hamdoun, etal 1997 Attempt to distribute added to charge of conspiracy to distribute marijuana Inmate negotiated drug deal with another inmate (CI) for purchase of an additional 1 ton of marijuana.

NA

US v. Carter, et al 1997 Contaband in prison Telephone used in drug deal involving correctional officer.

Unknown

US v. Robinson et al 1997 Contaband in prison Telephone used to arrange providing inmate with drugs.

Unknown

US v. William Glassburn 1997 Obstruction of justice D used phones to attempt to tamper with witnesses in the underlying prosecution.

No

US v. Ronald Mancil 1997 Conspiracy, wire fraud bank fraud Used phones and mail to disseminate fraudulent credit cards and merchandise.

Yes

US v. Charles Edward Gammon 1997 Possessing contraband in prison Inmate used phones to make arrangements for delivery of marijuana into prison in package labeled "legal mail".

Yes

US v. Anthony Jones 1997 Murder in aid of racketeering Inmate, serving short sentence on firearms offenses, directed by telephone his violent drug organization's response to an ongoing federal investigation of the organization. When he learned that his foster brother testified against the org, Jones ordered, using a coded language on the telephone his lieutenant to have him executed. The man was killed by contract killers at the behest of the lieutenant.

No

US v. Garba 1997 Drug charges Defendant used the telephone to arrange for pick-up by his brother of the drugs he had swallowed when arrested and was trying to smuggle out of the facility.

No

US v. Knapik 1997 Extortion Inmate was convicted of loansharking, and continued to direct his operation using the telephones, which led to the arrest of his associate.

No

US v. Leslie Evans, et al 1997 Conspiracy to defraud using access device D set up fraudulent phone lines in outside d's home ran up phone bills from inside

No

US v. Michael Paul Schaeffer 1997 Mail/wire fraud Used phones to speak with family members of the victims and with the victims personally after they were released from the Yankton facility.

Yes

US v. Ray E. Black and Roderick D. Robinson 1997 Escape D's used prison phones to arrange meetings with their girlfriends, who they met at a local hotel after escaping the facility.

Yes

US v. James Butler, et al 1997 Delivery of controlled substance, possession with intent to distribute, possession of a prohibited object by an inmate. Used telephone for arranging similar drug introductions

Yes

US v. Antonio Monroy 1998 Cocaine possession and conspiracy Recently arrested inmate and D discussed on telephone a false story to explain to authorities how inmate's fingerprints were on the evidence.

No

US v. Claude Louis Duboc and Penelope Shelfer 1998 Consp to obstruct justice, consp to commit money laundering, money laundering (5 counts) D used phones to coordinate with his attorney to recruit money launderer to launder overseas money to be used to bribe his sentencing judge.

No

US v. Ricky Brownlee 1998 Money laundering Inmate using phones to launder $175,000 to pay his atty fees, using other inmates' phone accounts and call forwarding.

No

US v. Larry Peterson, Richard Atkins, et al 1998 Conspiracy to possess, intent to distr, possession of contraband in prison Telephone conversation between D's arranging heroine deal on the inside.

Yes

US v. Joshua Edmonds 1998 Drug charges Inmate using telephones to arrange with family and friends to bring small amounts of drugs into the institution.

Yes

US v. Frederick Heywood 1998 Drug charges Inmate using telephones to arrange with family and friends to bring small amounts of drugs into the institution.

Yes

US v. Crescioni 1998 Drug charges D used the telephone to arrange a drug delivery to a tree outside the institution, to be picked up by the D while working as a member of the grounds crew.

Yes

US v. Frechette 1998 Cocaine trafficking D used phones to set up drug deals on outside for his son.

No

US v. Dexter Isaac 1998 Obstruction of Justice Arrested for murder, Isaac immediately began using phone to intimidate witnesses and destroy evidence

No

US v. Gurmeet Singh Dhinsa 1998 Obstruction of justice Inmate contacted via telephone his employees/witnesses, using coded language

No

US v. Tim Roach 1997 Drug introduction Inmate used phone to arrange from drug introduction.

Yes

US v. Gerald Adriane Gatson unknown Wire Fraud Inmate used phone to validate random credit card nos. through merchant account, then 3 ways to order merchandise.

No response

Ongoing investigation   Drug charges Inmate is continuing to direct a drug organization from the prison, and is making over 300 calls per month.

No

Ongoing investigation   Wire Fraud, mail fraud, money laundering D orchestrated a large number of inmates and outsiders to defraud banks of between $1million and $2 million using bad checks, and using phones to know when to collect money on those checks before they bounced. D paid his, and other involved inmates', high phone bills from proceeds. Used three-way phone conferencing.

No

Ongoing investigation   Sale of stolen goods Inmate operating trucking firm and scam involving transport of stolen goods.

No

Ongoing Investigation   Ongoing investigation Inmates associated with organized crime family used telephones to coordinate distribution of controlled substances and drug and gambling proceeds.

No

Ongoing investigation   Murder conspiracy Inmates convicted of drug conspiracy are suspected to have ordered via the prison telephones, murder to intimidate a witness, and are suspected of continuing to direct the activities of their drug organization.

No

Ongiong investigation   Ongoing investigation Cocaine trafficking kingpin has made hundreds of calls per month to suspected drug traffickers.

No

Ongoing investigation   Ongoing investigation D actively directs street gang activity from within institutions.

No

Ongoing investigation   Ongoing investigation Prison gang engaged in racketeering activity; telephone primarily used to communicate w/ members and associates outside prison.

No

Ongoing investigation   Wire fraud Inmate was caught revictimizing a business while awaiting trial, using materials obtained through discovery. Used three way calling.

No

Ongiong investigation   ongoing investigation Inmate used the phone to solicit individuals to intimidate federal witnesses.

No

Ongoing investigation   Wire Fraud, Mail fraud, money laundering, RICO D participated in conference calls with co-defendants and directed fraudulent activities. Called victims.

No

Ongoing investigation   Murder for hire D's used prison phones to facilitate murder for hire of federal witness in a robbery case.

No

Ongoing Investigation   Ongoing Investigation D used the telephones to direct movements of funds in check kiting scheme. Also may have instructed co-conspirator to file innocent third-party claim to forfeited property.

No

Ongoing investigation   Contempt, obstruction of justice D sent a forged letter to the court requesting a reduction of sentence for himself, used phone to facilitate and attempt to cover-up.

No

Ongoing investigation   Ongoing investigation D defrauds companies out of funds available to their employees, using three-way calling, and outside contacts to cash the checks.

No

Ongoing investigation   Ongoing investigation D is coordinating drug distribution using phone, relaying info between co-conspirators and cooperating inmate.

No

Ongoing investigation   Ongoing investigation D sentenced for marijuana manufacturing, continued via phones to manage operations. Also would leave prison camp, arranged for fellow inmates to call him on associate's cell phone when needed to return to camp.

No

Ongoing investigation   Ongoing investigation D called and threatened witnesses and encouraged them to coordinate their testimony. Also threatened FBI agents and prosecutor.

No

a. Where a range of years was reported, the most recent year was used.
b. The crime was uncovered by BOP staff. Otherwise, by an outside law enforcement agency.

Notes: All but three of the reported prosecutions resulted in pleas or convictions.
             Nine of the listed prosecutions were reported in 1995, and also appear on Table 2.

Source: United States Attorney's Offices, 1998; 72 responded of 92 offices surveyed.

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