Date: 07-27-2023

Case Style:

United States of America v. Daniel Vivas Ceron

Case Number: 2:15-cr-00055

Judge: Peter Welte

Court: United States District Court for the District of North Dakota (Cass County)

Plaintiff's Attorney: United States Attorney’s Office in Fargo

Defendant's Attorney: Charles Stock

Description: Fargo, North Dakota criminal defense lawyer represented Defendant charged with for his role in operating a fentanyl enterprise from a Canadian prison.

Daniel Vivas Ceron, age 42, a Columbian national, was extradited from Panama to the United States on January 25, 2017, with significant assistance from the Justice Department’s Office of International Affairs.

On July 12, 2019, Ceron pled guilty to Continuing Criminal Enterprise, Conspiracy to Distribute Controlled Substances and Controlled Substance Analogues Resulting in Serious Bodily Injury and Death, and Money Laundering Conspiracy.

As part of that plea, Ceron acknowledged that he and Jason Berry led an international fentanyl and fentanyl analogue distribution operation from inside Drummond Correctional Institution in Drummondville, Quebec. Using a cell phone from inside the prison, Ceron and Berry arranged shipments of fentanyl and fentanyl analogues from China to Canada and the United States as part of this criminal enterprise. The distribution of these substances led to fatal and non-fatal overdoses in North Dakota, Oregon, New Jersey, and North Carolina.

This case is part of “Operation Denial,” an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation into the international trafficking of fentanyl and fentanyl analogues and was significantly aided by the national and international coordination led by the multi-agency Special Operations Division (S.O.D.) near Washington, DC, as part of “Operation Deadly Merchant.” The investigation started in North Dakota on January 3, 2015, with the overdose death in Grand Forks, ND, of Bailey Henke.

"The sentences announced today, and the suite of related prosecutions that preceded them, reflect the impressive cooperation and dedication of state, local, and federal law enforcement, along with our Canadian partners, to take down a pernicious and deadly network of fentanyl distributors,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “The Justice Department will continue to hold accountable those like Ceron, Berry, Nguyen, and members of their network who injected fentanyl and fentanyl analogues into American society with deadly results. Concerted efforts like Operation Denial demonstrate the Justice Department’s commitment to eliminating the influx of fentanyl into our communities at their points of origin."

“These defendants are responsible for fentanyl poisoning deaths in North Dakota and several other states, and today’s strong sentence ensures accountability for those crimes,” Schneider said. “This result is a credit to the tireless work and seamless cooperation exhibited by our office’s prosecution team and their law enforcement partners in North Dakota, across the country, and in Canada.”

“Disrupting large drug trafficking networks, like the Ceron Network, is vitally important to our ongoing effort to combat the fentanyl crisis in America and save innocent lives. Networks like these span jurisdictions and stopping them requires robust coordination among many domestic and international partners,” said Natalie Wight, U.S. Attorney for the District of Oregon.

“Illicit fentanyl is one of the greatest dangers we’re facing as a country,” said Jamie Holt, Homeland Security Investigations (HSI) St. Paul Special Agent in Charge. “The conviction and sentencing of Ceron highlights the strength of our international and state partnerships and the dedicated professionals who spend countless hours combatting a poison that is harmful to many communities and families. HSI St. Paul is steadfast in its efforts to disrupt and dismantle transnational criminal organizations and combat the flow of illicit opioids into the United States.”

“This international investigation is an excellent example of the results that can be achieved when multiple law enforcement partners combine their efforts and expertise, and it has had a significant impact for our communities. Thanks to the collaboration of the various stakeholders, we have successfully neutralized a criminal network involved in major trafficking of a highly dangerous substance between Canada and the United States.” – Superintendent Karine Gagné, Acting Criminal Operations Officer, RCMP in Quebec

Operation Denial has led to thirty-one (31) defendants charged in North Dakota and three (3) defendants charged in Oregon. The investigation has resulted in nearly one million in cash and property forfeited from members of the organization. Defendants sentenced or convicted in this case include:

District of North Dakota:

Jameson Robert Sele, 20, Grand Forks, ND – Pled guilty to Conspiracy to Distribute Controlled Substances and was sentenced on July 27, 2015, to 36 months’ in federal prison.
Ryan Jon Jensen, 20, Grand Forks, ND – Pled guilty on July 27, 2015, to Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death; two Counts of Distribution of a Controlled Substance Resulting in Death; Distribution of a Controlled Substance Resulting in Serious Bodily Injury; and Money Laundering Conspiracy; and was sentenced on February 2, 2016, to 20 years in federal prison.
David Todd Noye Jr., 18, Grand Forks, ND – Pled guilty on May 4, 2015, to Conspiracy to Distribute Controlled Substances and was sentenced on January 25, 2016, to serve 3 years and 3 months in federal prison.
Joshua Tyler Fulp, 20, Grand Forks, ND – Pled guilty on June 23, 2015, to Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death and was sentenced on January 26, 2016, to 12 years in federal prison.
Kain Daniel Schwandt, 19, Grand Forks, ND - Pled guilty on July 24, 2015, to Conspiracy to Distribute Controlled Substances and was sentenced on annuary 25, 2016, to serve 3 years and 6 months in federal prison.
Brandon Corde Hubbard, 40, Portland, OR – Pled guilty on March 7, 2016, to charges of Conspiracy to Distribute Controlled Substances Resulting in Serious Bodily Injury and Death; Distribution of a Controlled Substance Resulting in Death; and Money Laundering Conspiracy. He was sentenced on September 14, 2021 to 264 months in federal prison.
Braden James Foley, 28, Olympia, WA - Pled guilty on August 11, 2016, to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and was sentenced on November 21, 2016, to serve 30 months in federal prison.
Amanda Schneider, Port St. Lucie, FL – Pled guilty on September 17, 2018, to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and was sentenced on January 17, 2019, to serve 15 months in federal prison.

Danny Gamboa, 21, Pawtucket, RI - Pled guilty on September 19, 2018, to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and was sentenced on February 27, 2019, to 25 months in federal prison.
Keveen Nobre, 29, Providence, RI - Pled guilty on October 10, 2018, to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and was sentenced on April 17, 2019, to serve 30 months in federal prison.
Robinson Gomez, 35, Charlotte, NC - Pled guilty on November 8, 2018, to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and was sentenced on April 17, 2019, to serve 15 years in federal prison.
David Campbell, 58, Plantation, FL - Pled guilty on January 10, 2019, to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and was sentenced on April 17, 2019, to serve 10 years in federal prison.
Elizabeth Ton, 27, Woonsocket, RI - Pled guilty on June 18, 2018, to Money Laundering Conspiracy and was sentenced on March 8, 2019, to 41 months in federal prison.
Louis Bell, 31, Port St. Lucie, FL – Pled guilty on November 8, 2018, to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance and was sentenced on April 18, 2019, to serve 17 years in federal prison.
Anthony Gomes, 34, Woonsocket, RI - Pled guilty on May 4, 2018, to Conspiracy to Possess with Intent to Distribute and Distribution of a Controlled Substance resulting in Serious Bodily injury and Death and Money Laundering conspiracy. On July 30, 2021, Gomes was sentenced to serve 30 years in federal prison.
Jose Pinto, 64, Pawtucket, RI – Pled guilty to Tampering with Evidence and was sentence on January 20, 2022, to time served and two years supervised release.
Eugenia Pinto, 64, Pawtucket, RI – On November 18, 2021, the parties entered into a pre-trial diversion agreement for a term of 18 months after admission to Obstruction of Justice and Evidence Tampering.
Steven Pinto, 40, Pawtucket, RI, was found guilty of Continuing Criminal Enterprise, Conspiracy to Distribute and Import Controlled Substances, and Obstruction of Justice in June 2021 after a five-week trial. Pinto was sentenced on October 14, 2021, to 33 years imprisonment.
Xuan Cahn Nguyen, age 43, Montreal, Quebec, pled guilty on March 14, 2023, to Conspiracy to Distribute and Import Controlled Substances Resulting in Serious Bodily Injury and Death and Money Laundering Conspiracy. Nguyen was sentenced on July 17, 2023, to 22 years imprisonment.
Jason Joey Berry, age 40, Cornwall, Ontario - pled guilty on July 29, 2022, to Conspiracy to Distribute and Import Controlled Substances Resulting in Serious Bodily Injury and Death. Berry was sentenced on July 24, 2023 to 24 years imprisonment.
Vannek Um, age 45, Montreal Quebec – pled guilty on March 14, 2023, to Money Laundering Conspiracy. Vannek Um is scheduled to be sentenced on August 8, 2023.
Marie Um, age 42, Montreal Quebec, was found guilty of Conspiracy to Distribute and Import Controlled Substances Resulting in Serious Bodily Injury and Death and Money Laundering Conspiracy in April 2023, after a 2 ½ week trial. Marie Um is scheduled to be sentenced on September 5, 2023.

District of Oregon:

Channing Lacey, 30, Portland, Oregon - Pled guilty on March 28, 2017, to one Count of Distribution of a Controlled Substance Resulting in Serious Bodily Injury to three individuals and one Count of Distribution of a Controlled Substance Resulting in Death and was sentenced on August 28, 2017, to 135 months imprisonment.
Carissa Marie Laprall, 25, Portland, Oregon - Pled guilty on March 28, 2017, to three Counts of Distribution of a Controlled Substance Resulting in Serious Bodily Injury and and was sentenced to time served with five years of supervised release on January 30, 2020.
Steven Fairbanks Locke, 41, Portland, Oregon - Pled guilty on June 14, 2017, to Use of a Communication Facility to Facilitate a Drug Offense and was sentenced on September 4, 2017, to time served and a term of supervised release.

On August 31, 2021, the U.S. Department of State offered a reward of up to $5 million for information leading to the arrest and/or conviction of People’s Republic of China (PRC) national Jian Zhang, a fugitive in this transnational investigation. Additional fugitives from China include:

1) Na Chu, 37, Pulandian City, Liaoning Province, China

2) Yeyou Chu, 36, Pulandian City, Liaoning Province, China

3) Cuiying Liu, 62, Dezhou City, Shangdong Province, China

4) Keping Zhang, 62, Dezhou City, Shangdong Province, China

This case was investigated by Homeland Security Investigations; North Dakota Bureau of Criminal Investigation; U.S. Drug Enforcement Administration; U.S. Postal Inspection Service; IRS Criminal Investigation – Fargo Field Office; Grand Forks Narcotics Task Force; Royal Canadian Mounted Police; Portland Oregon Police Bureau – Drugs and Vice Division, Portland HIDTA Interdiction Task Force; Oregon State Police; and the Grand Forks Police Department.

The prosecutors for this case were Assistant U.S. Attorney Christopher C. Myers, District of North Dakota; Assistant U.S. Attorney Scott Kerin, District of Oregon and as a Special Assistant U.S Attorney in North Dakota; and Kaitlin Sahni, Assistant Deputy Chief, and Imani Hutty, Trial Attorney, Criminal Division Narcotic and Dangerous Drug Section of the Justice Department.

Outcome: Defendant was sentenced to 27 years imprisonment, 5 years supervised release, and $11,048.43 in restitution.

Plaintiff's Experts:

Defendant's Experts:

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