District of Colorado
Press releases recorded for this federal judicial district.
Department of Justice Files Nationwide Lawsuit Against Walmart Inc. for Controlled Substances Act ViolationsRead the Press Release
In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis.
The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.
“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis. As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division. “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies. This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States. Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”
“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea. “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart. Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”
The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers. The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice. The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA. Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis.
If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported. The court also may award injunctive relief to prevent Walmart from committing further CSA violations.
“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch. “We look forward to advancing this case with our DOJ partners.”
“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”
“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme. “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances. Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”
“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn. “We look forward to pursuing justice and holding the company accountable for its conduct.”
“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr. “Walmart’s failures only made these problems worse. For example, our office prosecuted a physician for illegal opioid distribution. A jury convicted him just last year, and he is currently serving a twenty-year prison sentence. As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled. Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills. My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”
“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss. “DEA registrants must understand that licensure is a privilege, not a right. Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”
The claims made in the complaint are allegations that United States must prove if the case proceeds to trial.
The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida. The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case. The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl. Information about the DEA is available at www.dea.gov.
U.S. Department of Justice Recognizes Colorado Task Force with National Achievement Award in Support of Project Safe NeighborhoodsRead the Press Release
DENVER – United States Attorney Jason Dunn presented a Colorado law enforcement task force with national recognition from the Department of Justice’s Project Safe Neighborhoods (PSN) program. Colorado’s Regional Anti Violence Enforcement Network (RAVEN) is a multi-agency task force from 13 different federal, state, and local law enforcement agencies who received a national achievement award for Outstanding Partnership/Task Force from the Department of Justice. U.S. Attorney Jason Dunn presented the award to task force leaders at the Aurora City Council Chamber this afternoon.
“RAVEN is model program,” said U.S. Attorney Jason Dunn. “It is part of the gold standard in law enforcement relationships that is the hallmark of Colorado law enforcement. This is making a real difference to our communities.”
RAVEN was recognized for its outstanding work in support of the PSN Program, which has brought important results to the Denver Metropolitan Area. Thanks to the work of the task force, 122 violent offenders were prosecuted in 2019, and another 147 violent offenders were prosecuted this past year.
RAVEN task force members come from the ATF, the Aurora Police Department, the Denver Police Department, the Arapahoe County Sheriff’s Office, the Douglas County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Lakewood Police Department, the Denver District Attorney’s office, the Colorado Department of Corrections, the Rocky Mountain HIDTA, HSI, the U.S. Marshals Service, and the United States Attorney’s Office.
Revitalized in 2017, PSN is a critical piece of the Department’s crime reduction efforts. PSN has focused on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Colorado Springs Man Sentenced to More Than 16 Years in Federal Prison for Dealing Methamphetamine, Heroin, and CocaineRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Jesse Santiago Anaya, age 36, of Colorado Springs, was sentenced to serve 200 months (16.6 years) in federal prison, followed by 5 years on supervised release, for distributing controlled substances and conspiring with others to distribute controlled substances. The FBI and the Colorado Springs Police Department joined in this announcement.
According to court documents, the Colorado Springs Police Department and Federal Bureau of Investigation began investigating Anaya for selling cocaine in nightclubs and strip clubs in Colorado Springs. An undercover detective purchased cocaine from Anaya and one of Anaya’s associates, who was also indicted for distributing cocaine and conspiring with Anaya. In his plea agreement, Anaya admitted that the conspiracy to distribute cocaine began while he was still on supervised release for a prior federal felony conviction. Over the course of the conspiracy, Anaya distributed between 500 grams and 15 kilograms of cocaine. As a manager within the cocaine conspiracy, Anaya directed others to carry out drug transactions. For this, Anaya received a larger portion of the profit from cocaine sales than the other participants. During the course of the investigation, Anaya also sold 1,341.4 grams of methamphetamine and 83.4 grams of heroin.
“Getting drug dealers off the street makes a real difference to the communities we serve,” said U.S. Attorney Jason Dunn. “We are committed to making our communities safe for all Coloradans. Disrupting drug organizations is a key part of that strategy and we commend our law enforcement partners for their dedication to this effort.”
“The success of this investigation and today’s sentencing of Jesse Anaya is largely attributable to the collaborative effort of federal, state, and local law enforcement, specifically the Southern Colorado Safe Streets Task Force and Colorado Springs Metro Vice, Narcotics, and Intelligence Division,” said FBI Denver Special Agent in Charge Michael Schneider. “We will continue to work together to address violent drug traffickers within our communities and bring justice to those who are harmed.”
“We want to sincerely thank the Federal Bureau of Investigation and the United States Attorney’s Office, not only for their partnership, but also for their dedication to help make our community a safer place. This case took perseverance, commitment, and a steadfast determination. I am extremely proud of everyone who worked the investigation, as there is no doubt their efforts will make a difference in Colorado Springs,” said Colorado Springs Police Chief Vince Niski.
Anaya was first charged by Criminal Complaint on May 3, 2019. He was indicted by a federal grand jury on May 9, 2019. On January 9, 2020, he pleaded guilty to distributing methamphetamine and to a conspiracy to distribute cocaine. He was sentenced on December 21, 2020.
This case was investigated by the FBI and Colorado Springs Police Department. Anaya was prosecuted by Assistant U.S. Attorney Peter McNeilly.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-234.
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Former Employee of Colorado Non-profit Heath-care System Sentenced to More Than Seven Years in Federal Prison for Money LaunderingRead the Press Release
DENVER – U.S. Attorney Jason Dunn announced that David Paul Rietz, age 60, of Lakewood, Colorado was sentenced to serve 92 months in federal prison followed by 3 years of supervised release for conspiracy to commit money laundering. Rietz also was ordered to pay restitution of $4,197,775.83. IRS Criminal Investigation and the Federal Bureau of Investigation joined in this announcement.
According to court records, Rietz defrauded his employer, a nonprofit health-care system based in Colorado, of more than 16 million dollars. Rietz organized a scheme whereby inflated quotes for computer services were submitted through another company owned by a co-conspirator. Rietz approved these quotes, whereby millions in inflated payments were approved before the fraud was discovered. Proceeds went back Rietz and his co-conspirators through a third company, which returned profits to Rietz in the form of payments on fake contracts for goods and services, gold coins, and cashier checks
“Our office is committed to uncovering and prosecuting complex fraud schemes,” said U.S. Attorney Jason Dunn. “Through great partnerships with IRS-Criminal Investigation and the FBI, our prosecutors are unwinding tangled webs of fraud and bringing justice for Coloradan victims.”
“Honest and law-abiding citizens are fed up with those who use deceit and fraud to line their pockets with other people’s money," IRS – Criminal Investigation Special Agent in Charge Andy Tsui said. "The role of IRS Criminal Investigation becomes even more important in embezzlement and fraud cases due to the complex financial transactions that can take time to unravel. Individuals who engage in this type of financial fraud should know they will be held accountable."
"FBI Denver works closely with our law enforcement partners to combat money laundering and white collar crimes in our community,” said FBI Denver Special Agent in Charge Michael Schneider. “The sentencing of Mr. Rietz should serve as a deterrent to those who seek to prey on innocent victims that their criminal acts will not be tolerated and they will be brought to justice. Special thanks to the IRS and U.S. Attorney’s Office for their dedication and hard work on this investigation.”
Rietz was sentenced on December 14, 2020, by United States District Court Judge R. Brooke Jackson. The sentence included enhancements for being the leader and organizer of the offense and for obstruction of justice for lying under oath in civil proceedings related to the underlying fraud. Rietz’s co-conspirators were previously sentenced. Richard Scott Cartwright was sentenced on August 6, 2019, by Judge Jackson to serve 60 months in prison and also ordered to pay restitution of $4,197,775.83, which is the same amount as Rietz. Lyle Perry, who participated in the money laundering but not the underlying fraud, was sentenced to 36 months’ imprisonment by Chief Judge Philip A. Brimmer, and ordered to pay approximately $2.6 million in restitution.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Anna Edgar.
CASE NUMBERS: 18-cr-00479 & 18-cr-00480
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Colorado Indian Country Victim Assistance Team Receives Superior Performance in Indian Country Award from Department of JusticeRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Amy Connor, a paralegal assigned to the U.S. Attorney’s Durango Branch Office, Savannah Joe, former victim specialist with the Bureau of Indian Affairs and now a Victim Advocate with the U.S. Attorney’s Office for the District of New Mexico, and Lisa Manzanares, Victim Services Program Coordinator for the Southern Ute Police Department have received the Superior Performance In Indian Country Award from the Executive Office of U.S. Attorneys, a division of the Department of Justice.
“Amy, Savannah and Lisa are exceptional at their job, have big hearts and work hard to help victims of violent crime in Indian Country,” said U.S. Attorney Jason Dunn. “Amy and her colleagues deserve this prestigious recognition as they focus on crime originating from both reservations.”
In its commendation, the Department of Justice described the Colorado Indian Country victim assistance team’s work in the following manner:
Amy Connor, a paralegal assigned to the Durango Branch Office for the U.S. Attorney’s Office, District of Colorado, Savannah Joe, who was assigned to the Bureau of Indian Affairs and is now with the U.S. Attorney’s Office for the District of New Mexico, and Lisa Manzanares, with the Southern Ute Police Department have won the Director’s Award for Superior Performance in Indian Country. Amy, Savannah and Lisa transformed the prosecution of violent crime in Indian Country in Colorado. By ensuring collaboration between the Ute Mountain Ute and Southern Ute Indian Tribes and the U.S. Attorney’s Office, they have worked together to overcome cultural barriers that hinder Indian Country victims from accessing justice. Their collective efforts ensure that victims are identified and counseled through culturally informed processes. Historical distrust that previously discouraged native victims from seeking justice is now addressed. They keep victims informed, direct them to appropriate services and – when necessary – even transport the victims to court. In two separate sex assault trials, several sentencings, as well as in numerous ongoing investigations this year, this team educated and empowered victims to speak out against those who harmed them. By doing this, they deliver superior service for vulnerable victims in Indian Country, making communities safer and enabling victims to heal.
Assistant U.S. Attorney Stephanie Podolak Receives Lifetime Exceptional Service Award from Department of JusticeRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Assistant U.S. Attorney Stephanie Podolak has received the Lifetime Exceptional Service Award from the Executive Office of U.S. Attorneys, a division of the Department of Justice.
“Stephanie is richly deserving of our national Lifetime Exceptional Service award, having been an important and highly valued member of our team for more than 24 years,” said U.S. Attorney Jason Dunn. “Her work has directly resulted in the take down of many sophisticated, transnational drug cartels operating in Colorado. Our communities are safer thanks to her work.”
In its commendation, the Department of Justice described Assistant U.S. Attorney Podolak’s work in the following manner:
Stephanie Podolak, an Assistant U.S. Attorney (AUSA) for the U.S. Attorney’s Office, District of Colorado has won the Executive Office of U.S. Attorney’s (EOUSA) Director’s Award for Lifetime Exceptional Service. This award recognizes AUSA Podolak’s 28 years of exceptional contributions to the U.S. Attorney’s Office community, with 24 of those years with the District of Colorado. She has been recognized for her record of outstanding accomplishments, and her continuing advancement of the Organized Crime Drug Enforcement Task Force (OCDETF) program. She is responsible for a series of “firsts” in the district, ranging from case-related work such as the district’s first RICO indictment to serving as the district’s first female criminal division section chief. She has had a hand in most of the district’s prosecutions of significant transnational drug trafficking organizations.
AUSA Podolak’s career began in 1991 in the Eastern District of New York, where she quickly demonstrated a passion and talent for complex drug/gang work. In 1992, AUSA Podolak joined the Organized Crime Drug Enforcement Task Force (OCDETF) section in that office and immediately undertook some of the district’s largest cases. In November 1994, AUSA Podolak received her first Executive Office of U.S. Attorney’s Office Director’s Award for prosecuting the district’s largest Russian international heroin ring. That operation ended with a 2-month, 8-defendant trial which AUSA Podolak conducted despite being 9-months pregnant with her first child.
In February 1996, AUSA Podolak transferred to the District of Colorado, where she continued to advance the OCDETF program. In January 1997, she became a liaison to the FBI Metro Gang Task Force. She led a prosecution against 13-members of a violent drug gang. AUSA Podolak brought the first Racketeer Influenced and Corrupt Organizations (RICO) gang indictment in the district against this group.
In November 2000, AUSA Podolak received her second EOUSA Director’s Award, an OCDETF Regional Case Award, and an FBI Award for another OCDETF Operation involving the prosecution of 34 members of the MCM Sureno-13, the district’s then-dominant violent gang. The prosecution culminated in a 3-defendant, 3-week trial. Two of those defendants received life sentences.
In 2002, AUSA Podolak became the liaison to the newly created Front Range Drug Task Force, where she focused on CPOT-level targets such as cartel leader Benjamin Arellano-Felix. AUSA Podolak led an extensive investigation into the cocaine trafficking activities of Mario and Ascension Oregon-Cortez, two brothers working directly for Arellano-Felix. The investigation culminated with the arrest of 22 defendants on the same day Mexican law enforcement captured Arellano-Felix. AUSA Podolak, in another district first, charged violations of the “kingpin statute,” resulting in both brothers receiving 25-year sentences. In June 2003, this investigation received a Regional OCDETF Award.
In January 2006, AUSA Podolak returned to full-time status as the OCDETF Section Chief (and the first female section chief in the district’s criminal division). During her eight years on the management team, AUSA Podolak did work benefitting the OCDETF Section and the entire office, including working closely with DEA and the District’s OCDETF partners to propose, secure, and create a National OCDETF Strike Force in Denver and helping develop or revise a variety of office policies and processes.
As OCDETF Chief, AUSA Podolak also supervised and participated in an operation targeting 84 members of the “Rolling 30’s Gangster Crips.” AUSA Podolak personally prosecuted the gang’s violent subset known as the “Elite 8,” who were responsible for committing 12 homicides including the brutal murder-for-hire of a state’s witness. AUSA Podolak’s tireless efforts caused several gang members to flip, enter witness protection, testify against, and help convict three state court defendants charged with the drive-by killing of Denver Broncos football player Darrent Williams. In June 2009, 22 members of the prosecution team received a National OCDETF Award. In 2011, the Denver District Attorney designated AUSA Podolak an “Honorary Deputy DA.”
In January 2014, AUSA Podolak elected to step down as OCDETF Chief and became the Strike Force Group (SFG) Coordinator. As SFG Coordinator, AUSA Podolak continued to achieve outstanding success prosecuting the nation’s highest-level Drug Trafficking Operations (DTO). For example, between March 2013 and May 2015, she worked on a joint federal and state investigation of a DTO involving Jose Luis Ruelas-Torres, whose DTO controls Guasave opium gum production and smuggles hundreds of kilograms of heroin into the U.S. The DTO’s elaborate money laundering scheme involved laundering $3,000,000 to Mexico through approximately 2,500 wire-transfers. During the case, the SFG seized approximately 125 kilograms of heroin, $2,300,000, and prosecuted 40 defendants. In 2014, the entire SFG, including AUSA Podolak, received the DEA Administrator’s Award for Outstanding Group Achievement. In October 2015, the DOJ designated Ruelas-Torres a Consolidated Priority Organization Target (CPOT), only the second CPOT designation in Colorado’s history. The SFG obtained Foreign Kingpin designations for Ruelas-Torres, 18 DTO members, and 8 companies; these were the first designations stemming from a Colorado investigation. On April 15, 2017, Mexican law enforcement captured Ruelas-Torres, but he ultimately died in custody pending extradition. Another example of AUSA Podolak’s outstanding work was targeting Batamote Plaza Boss Jesus Gonzalez-Peñuelas, who controls the region’s heroin trafficking, and was wanted in Mexico for kidnapping and murder, and maintains a fleet of planes used for his trafficking.
In October 2017, DOJ designated Gonzalez-Peñuelas a CPOTIn 2017, the entire SFG, including AUSA Podolak, received a second DEA Administrator’s Award for Outstanding Group Achievement.
In addition to her work described above, AUSA Podolak has also previously served as the District’s SLC, gang coordinator, violent crimes coordinator, EEOC and sexual harassment coordinator, and Special Counsel to the Criminal Chief. AUSA Podolak was recently selected to serve on the Attorney General’s sub-committee targeting Sinaloa drug trafficking. In her free time, AUSA Podolak is active in the Colorado Bar Association’s High School Mock Trial Program, coaching her students to 5 consecutive regional championship titles and 10 consecutive state competition appearances. She has been an indispensable component of Colorado’s OCDETF program, a significant contributor to the national OCDETF effort, and a valued member of the DOJ and local communities.
Pueblo Man Sentenced to Nearly 5 Years in Federal Prison for Being A Felon in Possession of A FirearmRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Maximillian Zeferino Esquibel, age 32 of Pueblo, was sentenced to serve 58 months (nearly 5 years) in federal prison, followed by 3 years on supervised release for being a felon in possession of a firearm. Esquibel was convicted after the first criminal jury trial in the District of Colorado since COVID-19 impacted the court system in March. The FBI and Southern Colorado Safe Streets Violent Gang Task Force joined in this announcement.
According to court documents and facts presented at trial, on August 9, 2019, law enforcement agents and officers executed a search warrant at Esquibel’s residence. He was present during the execution of the warrant, along with his girlfriend. There were children present as well.
During the search investigators found four firearms, including an AR-15 style rifle, with the safety switch turned to the “fire” position, loaded with an extended magazine that contained multiple rounds of live ammunition. Three other firearms and over 100 rounds of ammunition were also seized. Esquibel had a prior felony conviction in Pueblo County in 2006 for aggravated robbery, making it a crime for him to possess firearms.
“Reducing gun crime in Pueblo has been a focus of this office and the Safe Streets Task Force for several years now,” said U.S. Attorney Jason Dunn. “This case is just one example of how, working with the Pueblo Police Department and the District Attorney’s office, we are clearly having a significant impact.”
“The recent sentencing of Maximillian Zeferino Esquibel is a result of federal, state, and local law enforcement agencies working together to remove violent criminals from our neighborhoods,” said FBI Denver Special Agent in Charge Michael Schneider. “The citizens of Colorado deserve this collective effort, and I want to thank our Southern Colorado Safe Streets Task Force for helping to keep our community safe.”
Esquibel was first charged by Criminal Complaint on August 9, 2019. He was indicted by a federal grand jury on August 12, 2019. He was found guilty following the first post COVID shutdown trial on September 1, 2020, and was sentenced on December 4, 2020.
This case was investigated by the FBI and Southern Coloarado Safe Streets Violent Gang Task Force. Esquibel was prosecuted by Assistant U.S. Attorneys Jason St. Julien and Thomas Minser.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from Project Guardian partners.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-376.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Two Unrelated Defendants Plead Guilty to Methamphetamine Trafficking on the Southern Ute Indian ReservationRead the Press Release
DURANGO – United States Attorney Jason R. Dunn announced that two unrelated individuals have pleaded guilty to methamphetamine trafficking on the Southern Ute Indian Reservation. Trisha Herrera, age 40, of Ignacio, Colorado, and Rita Clark, age 31, of Arboles, Colorado entered their guilty pleas before Magistrate Judge James Candelaria. These investigations were developed in part as a result of the Southern Ute Police Department’s hiring of a full time drug investigator. Southern Ute Police Chief Raymond Coriz joined in this announcement.
According to court documents, in March of 2020, Herrera arranged drug deals on four separate occasions with other individuals on the Southern Ute Indian Reservation. Over the course of those four deals, Herrera exchanged 38 grams of narcotics for $1,130 in cash.
In an unrelated case, court documents show that on July 17, 2020, Clark arranged a meeting with an individual on the Southern Ute Indian Reservation to exchange methamphetamine for money. Clark delivered 56.49 grams of narcotics in exchange for $1,200 in cash.
Both Herrera and Clark face up to forty years imprisonment. Herrera is scheduled to be sentenced on February 2, 2021, with Clark being scheduled to be sentenced on April 5, 2021. Both sentences will be pronounced by U.S. District Court Judge Robert E. Blackburn.
“Federal prosecutors have the important responsibility to work in tandem with our tribal partners to promote public safety on tribal land,” said U.S. Attorney Jason Dunn. “These prosecutions, and the continuing effort to combat narcotics on the Southern Ute Indian Reservation, show that endangering the community by profiting from dangerous narcotics does not pay.”
“The Southern Ute Police Department will not tolerate the continued destruction of lives caused by these unscrupulous drug dealers,” said Southern Ute Police Chief Raymond Coriz. “We will continue to aggressively investigate low to high level drug traffickers anywhere within the Boundaries of the Southern Ute Indian Reservation and beyond.”
These cases were cooperatively investigated by the Southern Ute Police Department and the Bureau of Indian Affairs – Division of Drug Enforcement. The defendants are being prosecuted by Assistant U.S. Attorney Jeff Graves.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Numbers 20-cr-234 and 20-cr-235.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Weld County Man Sentenced to Nearly 4 Years in Federal Prison for Smuggling Gun Parts Out of the United States and for Possessing Unregistered FirearmsRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Michael John Suppes, age 47, of Weld County, Colorado, was sentenced today to serve 46 months (nearly 4 years) in federal prison for smuggling gun parts out of the United States and possessing unregistered firearms. Suppes was also ordered to serve 3 years on supervised release. Homeland Security Investigations (HSI) joined in this announcement.
In addition to the prison sentence, Suppes agreed to a substantial forfeiture of assets that totaled nearly $300,000. He also agreed to forfeit 123 firearms as well as firearm parts and ammunition.
According to the stipulated facts contained in the Suppes’ plea agreement, Suppes, who was not a licensed firearm dealer or manufacturer, willfully engaged in the business of manufacturing and dealing in firearms. He exported firearm parts to buyers in other countries without obtaining an export license. Furthermore, he possessed short-barreled rifles that were not registered under the National Firearms Registration and Transfer Record as required by law.
Suppes operated a business, MJS Performance LLC, that sold firearm parts and motorcycle muffler parts. Between January 25, 2015, and November 5, 2018, he, through his business, shipped over 1,200 domestic and international packages. Suppes came to the attention of Homeland Security Investigations (HSI) after it learned of multiple packages that contained concealed gun parts destined for other countries, including Saudi Arabia, India, and Cambodia. The gun parts required an export license, which Suppes did not obtain.
Between December 2018 and April 2019, Suppes communicated with individuals who said they wanted to smuggle firearms into Mexico. In April 2019, he agreed to sell one of the individuals 30 AR-15 and 20 AK-47 rifles as well as magazines and ammunition. Suppes was arrested on his way to meet with the individual; he had the 50 rifles, magazines, and ammunition with him. Most of the firearms were short-barreled rifles.
“Selling AR-15 and AK-47 semi-automatic rifles and parts to individuals in Mexico serves only to increase the violence there and the drug trafficking into the United States,” said U.S. Attorney Jason Dunn. “By taking this individual off the streets and putting him in a federal prison, we have stopped a significant pipeline of this deadly trade.”
“Anyone who circumvents federal laws designed to keep firearms out of the hands of criminals and terrorists deserves to be in prison,” said Steven Cagen, Special Agent In Charge, HSI Denver. “HSI routinely works with the U.S. Attorney and law enforcement partners to investigate and prosecute people like Suppes to keep firearms out of the hands of criminals based here and abroad.”
Suppes was prosecuted by Assistant U.S. Attorney Emily Treaster. Assistant U.S. Attorney Tonya Andrews handled the asset forfeiture portion of this prosecution. This case was investigated by Homeland Security Investigations (HSI), with assistance from the United States Postal Inspection Service (USPIS), the Weld County Sheriff’s Office, and the Colorado State Patrol (CSP).
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-291.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Denver Man Pleads Guilty to Unlawfully Dealing FirearmsRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Jorge Pena-Venzor of Denver pleaded guilty to the unlicensed dealing of firearms. Pena-Venzor purchased firearms, including semi-automatic assault weapons, for sale to buyers in Mexico and within the United States. The Denver ATF joined in this announcement.
According to the stipulated facts contained in Pena-Venzor’s plea agreement, from December 26, 2017, through February 11, 2019, Pena-Venzor worked to obtain firearms for the purpose of selling them to third parties. Pena-Venzor located the firearms, negotiated prices, and obtained them on behalf of an associate, who then provided most of the funding to buy the firearms.
Pena-Venzor profited financially from this arrangement by obtaining a markup or “finder’s fee” for the firearms that he procured. It was Pena-Venzor’s understanding that the these firearms would be ultimately transported to end users in Mexico. During this time period, Pena-Venzor procured more than eight firearms for the purpose of transporting these firearms to individuals in Mexico.
During this same time period, Pena-Venzor also sold firearms to other individuals. One of the firearms sold by the defendant was a fully automatic AR-15-style rifle, capable of shooting more than one round by a single pull of the trigger. Pena-Venzor did not possess a license to sell firearms and was aware that it was illegal to engage in the business of selling firearms without a license.
The guilty plea was tendered before U.S. District Court Judge Daniel D. Domenico on November 19, 2020. Pena-Venzor is scheduled to be sentenced by Judge Domenico on February 12, 2021. This case was investigated by the ATF. The defendant is being prosecuted by Assistant U.S. Attorney Aaron M. Teitelbaum.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-412.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Air-Ambulance Company Agrees to Pay $825,000 to Settle Claims for Operating A Helicopter with "Severely Corroded" PartsRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Air Methods Corporation has agreed to pay $825,000 to settle a civil case alleging that the company violated Federal Aviation Administration (“FAA”) regulations by operating an emergency-services helicopter with severely corroded pitot tubes.
Pitot tubes are components of the pressure measurement system used to determine airspeed. If a pitot tube is not functioning properly, it can cause the airspeed reflected on a helicopter’s instruments to vary significantly from the actual airspeed, cause the helicopter’s auto-pilot to disengage, and present serious safety concerns.
Air Methods, headquartered in Greenwood Village, Colorado, is the country’s largest air medical transport services provider. Air Methods provides emergency transportation to trauma victims, and other patients requiring urgent transfers between medical facilities on its fleet of more than 450 helicopters and fixed-wing aircraft.
Air Methods’ aviation operations are regulated by the FAA, which, as part of its mission to ensure safety, routinely inspects aircraft within its jurisdiction.
The United States contends that on November 4, 2014, an FAA Aviation Safety Inspector inspected an Air Methods helicopter in Tampa, Florida. During that inspection, the safety inspector noticed that the helicopter’s pitot tubes were severely corroded and crumbling to the touch. The inspector informed Air Methods and took photographs to document the corrosion.
When Air Methods showed the photographs to the manufacturer of the helicopter, an employee of the manufacturer responded that the parts were “obviously” outside the scope of what would be considered serviceable to keep a pitot tube in service and recommended replacing the part(s) “as soon as possible.” Internally, Air Methods’ employees agreed that severely corroded pitot tubes “are way beyond acceptable” and “indicative that our crews are not paying attention.” Even so, Air Methods continued to operate the helicopter with severely corroded pitot tubes for several more days before replacing the parts.
On November 4, 2019, the United States filed a civil action, United States v. Air Methods Corp., 19-cv-03130-RM-NRN (D. Colo.), seeking to recover civil penalties from Air Methods. The United States contended that, by operating an air-ambulance helicopter with severely corroded pitot tubes, Air Methods violated FAA “airworthiness” regulations, which require aircraft to be in a condition for safe operation.
Air Methods has now agreed to pay $825,000 to settle the lawsuit.
“When an FAA safety inspector informs an air-ambulance company about a potential safety issue, the company needs to address it immediately,” said U.S. Attorney Jason Dunn. “The consequences of not working cooperatively with the FAA to minimize safety risks can be disastrous for the crew and for those being transported while seriously ill or injured. This settlement reflects how seriously we take any regulatory violations that could create such unnecessary risks.”
The claims against Air Methods are allegations, and in agreeing to settle this matter, Air Methods did not admit to any liability.
This case was being handled by Assistant U.S. Attorneys Ian Kellogg and Andrea Wang in the U.S. Attorney’s Office for the District of Colorado.
Montrose Resident Sentenced to Serve over 13 Years in Federal Prison for Possession and Distribution of Methamphetamine and Heroin as well as Witness IntimidationRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Angelina Maestas, of Montrose, Colorado, was sentenced yesterday to serve a total of 160 months (over 13 years) in federal prison for possession and distribution of methamphetamine and heroin as well as witness, victim or informant tampering. Following her prison sentence, Maestas was ordered to serve 5 years on supervised release. Maestas is 1 of 13 people indicted in January of 2020 as part of a large-scale drug trafficking investigation in Montrose. The Denver Division of the Drug Enforcement Administration joined in this announcement.
According to court documents, including the stipulated facts contained in the defendants’ plea agreements, Maestas conspired to distribute and possess with intent to distribute 50 grams or more of actual methamphetamine, 500 grams or more of a mixture of a substance containing a detectable amount of methamphetamine, and less than 100 grams of heroin.
In addition to her drug charge, Maestas also committed witness, victim or informant tampering. According to court records, she posted discovery documents protected by court order on Facebook. This included material that identified at least one co-conspirator who Maestas alleged cooperated with police.
“This substantial sentence is an appropriate one for someone that caused tremendous damage to a small Colorado community and then tried to undermine the judicial process by intimidating a witness,” said U.S. Attorney Jason Dunn. “We look forward to continuing the prosecutions in the case and ensuring that this drug ring is stomped out permanently.”
“The DEA applauds the sentencing of Maestas,” said Special Agent in Charge Deanne Reuter of the DEA Denver Field Division. “It sends a clear message that the people of this community won’t tolerate these peddlers selling these deadly poisons, or their attempts to intimidate witnesses.”
Maestas was sentenced to 130 months for the drug crimes, and 30 months for the witness, victim or informant tampering, with both sentences to run consecutive. U.S. District Court Judge Christine M. Arguello pronounced the sentences. Of the 13 defendants indicted in this case, 3, including Maestas, have pleaded guilty. The only other defendant who has so far been sentenced, Joseph Davis, was ordered to serve 151 months in federal prison. The cases against the other 10 defendants are pending.
This case was investigated by the DEA with substantial support from the Montrose Police Department and the Montrose County Sheriff.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Numbers 19-cr-535 and 20-cr-0166. The defendant was prosecuted by Assistant U.S. Attorney Zachary Phillips.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Pueblo Woman Sentenced to over 5 Years in Federal Prison for Possession with Intent to Distribute OxycodoneRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Connie Gill, of Pueblo, was sentenced to serve 66 months (over 5 years) in federal prison, followed by 3 years on supervised release, for possession with intent to distribute Oxycodone. Gill appeared remotely while in custody. She was remanded at the conclusion of the hearing. The DEA joined in this announcement.
According to the stipulated facts contained in the plea agreement, between February 8, 2019 and February 27, 2019, Gill possessed with intent to distribute Oxycodone. During this time period, she created dozens of fake prescriptions for Oxycodone, using the names of at least three medical practitioners without their knowledge or permission. She obtained the necessary supplies from local office supply stores and used a publicly available application on her cell phone to design the prescriptions.
Gill directed other individuals to fill or attempt to fill the fraudulent prescriptions at pharmacies in Pueblo and Colorado Springs. After obtaining the Oxycodone from the pharmacy, Gill and others would divide the pills. In some cases, Gill paid the other individuals in cash upon receiving the pills.
On February 27, 2019, a confidential informant arranged to purchase methamphetamine from Gill at her hotel room in Pueblo. The informant purchased 3.06 grams of methamphetamine from her. That same day, Pueblo Police officers executed a search warrant for Gill’s hotel room. Inside, officers found prescription bottles, printed fake prescriptions, blue prescription paper, a printer filled with prescription paper, a paper cutter, and multiple scales.
In all, based on the fake prescriptions that were filled and those which Gill created but were not yet filled, she either possessed with the intent to distribute or intended to possess with the intent to distribute at least 16.8 grams of Oxycodone.
“Opioids are killing people, and my office is doing everything possible to stop the illegal distribution of drugs like Oxycodone,” said U.S. Attorney Jason Dunn. “Thanks to the hard work of the DEA and the Pueblo Police Department, a drug dealer is behind bars.”
“I’d like to highlight the work that the Pueblo Police Department put into this case,” said Special Agent in Charge Deanne Reuter of the DEA Denver Field Division. “It’s partnerships like this, with local and state agencies, that get these dangerous drugs off the street and out of our neighborhoods.”
Gill was sentenced on November 13, 2020 by U.S. District Judge William J. Martinez. She was first indicted by a federal grand jury on November 21, 2019 and then later charged by information and pleaded guilty on June 23, 2020.
This case was investigated by the Denver Division of the DEA and the Pueblo Police Department. Gill was prosecuted by Assistant U.S. Attorneys Rajiv Mohan and Jena Rose Neuscheler.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-485.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Aurora Felon Sentenced to Nearly 7 Years in Federal Prison for Illegally Possessing 14 Firearms, Including Two Assault RiflesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Jeffrey Mons Olson, age 50, of Aurora, Colorado, was sentenced to serve nearly 7 years (80 months) in federal prison, followed by 3 years on supervised release, for being a felon in possession of a firearm. Olson appeared at the hearing in custody and was remanded at its conclusion. Homeland Security Investigations (HSI) joined in the announcement.
Olson was a convicted felon being supervised by the Colorado Department of Adult Parole. According to the stipulated facts contained in the plea agreement, on March 28, 2019, Parole officers were conducting surveillance on Olson as part of a criminal investigation. During the surveillance, parole officers observed Olson at a storage locker in Aurora. They later contacted Olson at his home where they searched his Dodge Ram truck. They located a loaded firearm between the driver’s seat and the center console. Officers also discovered a black duffle bag behind the driver’s seat with four additional firearms. Four of the five recovered firearms in the truck were loaded and previously reported stolen.
On March 29, 2019, investigators with the Denver Police Department and Homeland Security Investigations (HSI) went to the storage locker in Aurora, which had been rented by Olson’s wife. Law enforcement executed a search warrant at the locker where agents and officers seized nine additional firearms, including two semi-automatic rifles and seven handguns and various calibers of ammunition.
“Mr. Olson wasn’t just a convicted felon with a gun. He had an arsenal of high powered weapons and ammunition,” said U.S. Attorney Jason Dunn. “He will now spend a long time in federal prison, and the community is safer for it.”
“Olson has a lengthy history that clearly demonstrates he has no regard for the law, as today’s sentence shows,” said Steven Cagen, special agent in charge, HSI Denver. “ HSI and our law enforcement partners, working together, will investigate and ultimately bring to justice all those who seek to disregard our nation’s laws.”
U.S. District Court Judge Raymond P. Moore pronounced Olson’s sentence on November 10, 2020. He was indicted by a federal grand jury in Denver on September 5, 2019. He pleaded guilty on December 23, 2019. This case was investigated by HSI, the Colorado Department of Adult Parole and the Denver Police Department. The defendant was prosecuted by Assistant U.S. Attorney Conor Flanigan.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-395.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Denver Man Charged with Aiming Laser Pointer at Denver Police Department Helicopter During Protest on November 4Read the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Logan Scott Debyle of Denver has been charged with aiming a laser pointer at a Denver Police Department (DPD) helicopter. According to the affidavit in support of the complaint, Debyle allegedly used a green laser pointer to illuminate the cockpit of a DPD helicopter called “Air 1” as the helicopter observed civil unrest during the evening of November 4, 2020. The flight crew of Air 1 viewed two men associated with the laser. The men were then detained by DPD ground officers.
Debyle made his initial appearance before the United States District Court for the District of Colorado today. Debyle is charged with violating 18 U.S.C. § 39A. If convicted, he faces a sentence of not more than five years imprisonment and a fine of not more than $250,000. The charge contained in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty in a court of law.
This matter is being investigated by the FBI’s Denver Field Office and the Denver Police Department. Assistant United States Attorney David Tonini is handling the prosecution on behalf of the United States. The case number is 20-mj-180.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Boulder Man Sentenced to 5 Years in Federal Prison for Nearly $32 Million Bank Fraud SchemeRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Michael Scott Leslie, age 57, of Boulder, Colorado, was sentenced to serve 5 years (60 months) in federal prison for bank fraud and aggravated identity theft, followed by 5 years of supervised release. Leslie was ordered to report to a Bureau of Prisons facility on January 4, 2021. The Denver office of the FBI, and the Offices of the Inspector General for both the Department of Housing and Urban Development (HUD) and the Federal Deposit Insurance Corporation (FDIC) joined in announcement.
According to the stipulated facts contained in Leslie’s plea agreement, Leslie owned, operated, or otherwise had an interest in several business entities, some of which were operated out of Colorado. These entities were involved in or affiliated with financing or originating residential mortgage loans. Through these business entities, Leslie sold residential mortgage loans to investors, including an FDIC-insured bank in Texas (“the victim bank”).
Between October 2015 and October 2017, Leslie devised and executed a scheme to defraud the victim bank by selling it 144 fraudulent residential mortgage loans valued at $31,908,806.88. These loans were purportedly originated by one of Leslie’s companies, Montage Mortgage, and “closed” by Snowberry, which earned fees for the closing. The loans were then presented and sold to the victim bank until Montage identified a final investor. For these 144 fraudulent loans, that final investor was Mortgage Capital Management (MCM).
Leslie never disclosed to the victim bank that he operated MCM and Snowberry, or the fact that sales to investor MCM, even if they had been real, were not arms-length transactions.
The 144 residential mortgage loans sold to the victim bank were not, in fact, real loans. The borrowers listed on these 144 fraudulent loans were real individuals, but they had no idea that their identities had been used as part of the sale of the fraudulent loans. The defendant had access to their personal identifying information in one of two primary ways: (1) the borrowers had used Montage for legitimate residential real estate transactions which were properly executed and closed, or (2) the borrowers had been solicited by Montage about refinancing their existing loans. In the case of refinance transactions, Montage secured permission from the borrowers to request credit scores and history from the major credit agencies. After receipt of those credit scores, Montage often told these would-be refinance borrowers that they did not qualify for a refinance. Leslie then recycled the borrowers’ information, obtained through prior legitimate transactions or attempted refinances, to create and sell nearly $32 million of fraudulent loan packages.
To execute this scheme, Leslie forged signatures on closing documents and fabricated and altered credit reports as well as title documents, often by using the names of legitimate companies. The fraudulent real estate transactions were never filed with the respective counties in which the properties were located, there were no closings, and no liens were ever recorded. Through numerous bank accounts for the various business entities and his personal accounts, the defendant used money in a Ponzi-like fashion from prior fraudulent loans sold to the victim bank to fund future fraudulent loans. This complex flow of money continued until the defendant’s fraud was detected. When the fraud was discovered, the victim bank still had 12 fraudulent loans, valued at $3,887,505.93, on its books that it could not, given that the loans did not exist, sell to any other legitimate third-party investor.
“Five years in federal prison is an appropriate sentence for a fraudster that stole personal identities and used them to steal millions of dollars from a legitimate business,” said U.S. Attorney Jason Dunn. “Thanks to the hard work of the investigating agencies and the prosecution team in my office, not only will Mr. Leslie have several years in prison to contemplate his actions, but other such criminals are on notice that we take economic crime seriously and will prosecute them to the full extent of the law.”
“This sentencing of Michael Scott Leslie sends a clear message the FBI and our partners will relentlessly pursue those who defraud financial institutions for personal gain,” said FBI Denver Special Agent in Charge Michael Schneider. “FBI Denver extends its appreciation to OIG-HUD, FDIC, and the U.S. Attorney's Office- District of Colorado for their invaluable assistance in this investigation and prosecution.”
“HUD-OIG is committed to pursuing those who would abuse HUD programs,” said Scott Tanchak, Special Agent in Charge with the Department of Housing and Urban Development, Office of Inspector General. “HUD-OIG will aggressively pursue mortgage fraud, especially when facilitated by persons in the mortgage industry. In partnership with other law enforcement and federal agencies, we are deeply committed to ensuring that corrupt individuals do not use HUD programs to enrich themselves.”
“The FDIC OIG, along with its law enforcement partners, is dedicated to pursuing those who commit schemes to defraud the nation’s federally insured financial institutions,” stated FDIC OIG Special Agent in Charge Younger.
Chief U.S. District Court Judge Philip A. Brimmer pronounced the sentence on November 6, 2020. Leslie pleaded guilty on July 31, 2020, and was first charged by information on June 5, 2020. This case was investigated by the Denver office of the FBI, and the Offices of the Inspector General for both the Housing and Urban Development and the Federal Deposit Insurance Corporation. The defendant was prosecuted by Assistant U.S. Attorneys Hetal J. Doshi and Jeremy Sibert.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 20-cr-171.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Pueblo Gang Member Sentenced to Serve 12 Years in Federal Prison for Being A Felon in Possession of A Firearm and Possession of A Firearm During A Drug Trafficking CrimeRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Joseph Jordan Carrillo, age 28, of Pueblo, was sentenced to serve a total of 12 years (144 months) in federal prison followed by 3 years on supervised release for being a felon in possession of a firearm and possession of a firearm during a drug trafficking crime. Carrillo, a member of the South Side Surenos street gang, appeared at the hearing remotely in custody. He was remanded at the hearing’s conclusion. The Denver Field Division of the ATF joined in today’s announcement.
According to the stipulated facts contained in his plea agreement, as well as other court documents and arguments made in court, Carrillo was a fugitive on the FBI Safe Streets Most Wanted list and had an active warrant for his arrest for a parole violation. On October 11, 2019, Pueblo Police Department officers located and approached Carrillo in his vehicle. Carrillo then attempted to flee on foot and was subsequently caught and taken into custody. Officers found in his possession $1916 in cash and a drug ledger. During a search of the vehicle, officers also found a black bag on the driver’s seat containing $1000 cash, approximately 31.6 grams of heroin, and a loaded revolver. Law enforcement then obtained a search warrant for Carrillo’s residence. Inside his bedroom, officers located seven additional firearms, approximately 73.4 grams of heroin, and an additional $14,563 in cash.
In total, Carrillo possessed a total of 102.58 grams of heroin, which he intended to distribute. Along with the heroin, Carrillo possessed a total of eight firearms and ammunition. At least four of those firearms were previously reported stolen. He was prohibited to possess the firearms and ammunition because of a prior felony conviction.
He was sentenced to serve 84 months in federal prison for being a felon in possession of a firearm and 60 months for possession of a firearm in furtherance of a drug trafficking crime. The sentences were ordered to run consecutive.
“Over the last few years we have made a concerted effort to crack down on criminal gang activity in Pueblo,” said U.S. Attorney Jason Dunn. “Removing this felon and his arsenal of guns and drugs from the community will no doubt have a lasting impact. Great work by the Pueblo Police Department, the ATF, and prosecutors in my office.”
“Joseph Carrillo violated Federal firearms laws and brought dangerous drugs into our community – neither of which will be tolerated.” said David Booth, ATF Denver Field Division Special Agent in Charge. “As always, ATF is proud to work with our law enforcement partners to remove violent offenders from our streets and protect our communities.”
Carrillo was prosecuted by Assistant U.S. Attorneys Thomas Minser and Kelly Churnet. The sentence was pronounced by U.S. District Court Judge R. Brooke Jackson. The case was investigated by the Denver Field Division of the ATF and the Pueblo Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 19-cr-505.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Calhan School Teacher Sentenced to Nearly 4 Years in Federal Prison for Possession of Child PornographyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Patrick McMahon, age 30, a resident of Colorado Springs, Colorado who was a former school teacher in Calhan, Colorado, was sentenced to serve 46 months in federal prison (nearly 4 years) followed by 5 years supervised release for possession of child pornography. He was also ordered to pay $30,000 in restitution to certain victims of his crime. McMahon appeared at the hearing remotely, free on bond. He was ordered to voluntarily surrender to a Bureau of Prisons facility. Homeland Security Investigations (HSI) joined in this announcement.
According to the stipulated facts contained in McMahon’s plea agreement, defendant Patrick McMahon was brought to the attention of law enforcement when his ex-wife asked the Colorado Springs Police Department (CSPD) to analyze his laptop. She was in possession of the computer and was concerned because he had previously used it to show her child pornography. Colorado’s Internet Crimes Against Children (ICAC) Task Force obtained a search warrant leading to a computer forensic examination which revealed that the laptop contained child pornography or child erotica. Additionally, there was evidence that a peer-to-peer file sharing program had been installed on the computer and the program contained terms indicative of child pornography.
Based on the discovery of child pornography on the laptop, state search warrants were obtained for the defendant's home, school, vehicle, and person. Those search warrants were executed on January 7, 2019. McMahon was searched at his place of employment, a Calhan high school where he was a teacher. In addition to the child pornography discovered on the defendant’s laptop, the computer forensic examination revealed child pornography on additional devices belonging to the defendant: a cell phone recovered from the defendant's person at the school and a custom desktop computer with two hard drives as well as an external hard drive recovered from the defendant's home.
Copies of all of the files depicting child pornography were provided to the National Center for Missing and Exploited Children (NCMEC). NCMEC reported that 602 of the image files and two of the video files possessed by McMahon depict minor victims previously identified by law enforcement.
“Stopping the use of child pornography is a top priority for this office,” said U.S. Attorney Jason Dunn. “Thanks to the outstanding work of our HSI and ICAC partners, Mr. McMahon will go from spending his days in a high school classroom to spending them in a federal prison cell.”
“The victimization of children is a heartbreaking violation of trust and HSI worked relentlessly with our partners to bring McMahon to justice. Because he was a teacher we hope this sentence ensures he can never work with children again,” said Steven Cagen, special agent in charge of Homeland Security Investigations, Denver. “HSI, along with local, state and federal partners, worked tirelessly to investigate and prosecute McMahon to the fullest extent possible.”
This case was investigated by HSI and the Colorado ICAC Task Force. The case was prosecuted by Assistant United States Attorney Alecia L. Riewerts.
Patrick McMahon was charged by Indictment on April 18, 2019, and pleaded guilty to the charge on January 16, 2020. The sentence was pronounced by U.S. District Court Judge R. Brooke Jackson on November 2, 2020.
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 U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-185.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Six Individuals Indicted by Federal Grand Jury for Operating Large-Scale Operation to Sell Marijuana Out-of-StateRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that a federal grand jury in Denver has returned a 53-count indictment charging six Metro Denver residents with marijuana possession, distribution, money laundering and money laundering concealment. Of the six individuals charged, five have been arrested and one is a fugitive from justice. The U.S. Postal Inspection Service (USPIS) and the ATF joined in today’s announcement.
According to the Indictment, as well as details from other court documents, the defendants would buy marijuana at a Colorado marijuana dispensary using medical marijuana cards. They would then use the U.S. Mail to send the marijuana to customers throughout the United States who ordered the marijuana using social media and other forms of communication.
During a one-year period, the defendants purchased more than $665,000 worth of marijuana from the dispensary and received more than $923,000 in deposits from out-of-state customers.
USPIS agents executed arrests on October 28, 2020, apprehending 5 of the 6 defendants. During searches conducted subsequent to arrests, law enforcement recovered approximately $10,000 in cash, seven firearms (in addition to five firearms seized earlier in the investigation), 1.5 kilograms of cocaine and a half-pound of methamphetamine.
Those indicted include:
- Delano Monroe of Aurora
- Solomon Chambers of Thornton
- Alexis Monroe of Aurora
- Joshua Sampson of Aurora
- Michael Waterton of Highlands Ranch (fugitive)
- Ashley Montgomery of Denver
If convicted, the defendants face a possible sentence of not more than 20 years per count.
Assistant United States Attorney Zachary Phillips is prosecuting the case. The USPIS and the ATF is conducting the investigation.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The case number is 20-cr-343.
The charges contained in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty in a court of law.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Denver Woman Pleads Guilty to Distribution of Heroin Resulting in DeathRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Alicia Morelli, age 35, of Denver, pleaded guilty yesterday afternoon to distribution of heroin resulting in death. Morelli appeared at the change of plea hearing in person and in custody. She was remanded to the custody of the U.S. Marshal at the conclusion of the hearing. The Denver Division of the DEA joins in this announcement.
According to the stipulated facts contained in the plea agreement, on June 19, 2019, Denver Police officers responded to a Denver apartment on the report of an unresponsive female. Upon arrival, first responders located a deceased female lying on the bedroom floor. A syringe, a spoon with liquid, and an amount of suspected heroin were located on the table next to where the woman was lying. The Office of the Medical Examiner for the City and County of Denver later determined the woman died as a result of the “toxic effects of heroin.”
Shortly after learning of the woman’s death, Denver Police Detectives assigned to the DEA’s Front Range Task Force used information from the victim’s phone to contact the defendant, who had sold the victim the fatal dose of heroin on June 18. Between June 25, 2019, and October 30, 2019, an undercover Denver Police Detective made five separate purchases of heroin from the defendant. At the conclusion of the controlled purchase on October 30, 2019, federal task force officers and uniformed officers arrested the defendant.
Morelli is being prosecuted by Assistant U.S. Attorney Peter McNeilly. The guilty plea was tendered before U.S. District Court Judge William J. Martinez. Sentencing is scheduled for April 14, 2021. The case is being investigated by the Denver Division of the DEA and the Denver Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 20-cr-50.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Colorado Springs Man Sentenced for Threatening to Kill Federal Law Enforcement OfficersRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Timothy Hummel, age 26, of Colorado Springs, Colorado, was sentenced to time served, followed by 3 years on supervised release for threatening to murder federal law enforcement officers. Hummel appeared at the sentencing hearing remotely while free on bond. The Denver office of the FBI and the Federal Protective Service (FPS) joined in today’s announcement.
According to the stipulated facts contained in Hummel’s plea agreement, on August 14, 2019, Hummel repeatedly called the Denver Field Office of U.S. Immigration and Customs Enforcement (ICE) Enforcement Removal Operations (ERO), which is the directorate within ICE focused on arrests and removals of individuals living in the United States without authorization. Hummel left two voicemails minutes apart and shortly thereafter sent an email to the Denver ERO Outreach mailbox. In the voicemail and email, Hummel threatened to murder ICE agents and members of their families.
During the investigation it was determined that Hummel made the threats in order to scare ICE agents and cause them to use their resources reacting to the threats rather than doing their jobs. There was no evidence that Hummel took any steps toward an act of violence.
“There is perhaps a misperception by some that people can say anything they want over the Internet or the telephone with impunity. When somebody makes threatening statements, whether directed to a federal officer or any other person, those words are not protected speech and they can be prosecuted in federal court,” said U.S. Attorney Jason Dunn. “Mr. Hummel became a felon today because he believed that he could amplify his opposition to certain immigration policies by sending vicious threats against officers and their families. Others should learn from his mistake and remember that the First Amendment isn’t a license to threaten others with harm.”
“Threatening federal law enforcement officers is a serious crime,” said FBI Denver Special Agent in Charge Michael Schneider. “Today's sentencing of Timothy Hummel illustrates the FBI will relentlessly work with our law enforcement partners to actively investigate and pursue prosecution of those individuals who pose a threat to the safety of federal law enforcement officers.”
U.S. District Court Judge R. Brooke Jackson pronounced the sentence. Hummel had previously pleaded guilty on August 10, 2020, and was charged by indictment on March 11, 2020. This case was investigated by the Denver office of the FBI and the FPS. The defendant is being prosecuted by Assistant U.S. Attorney Julia Martinez.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 20-cr-087.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former Colorado Director for the Small Business Administration Pays $15,000 to Settle Claims for Violating Conflict-Of-Interest RulesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Gregorio Lopez, a former official with the United States Small Business Administration (“SBA”), has paid $15,000 to settle a civil case alleging that after he left the SBA, he attempted to improperly influence actions of the SBA in violation of federal law.
Mr. Lopez was the Colorado District Director of the SBA between 2008 and 2014. The SBA provides counseling, capital, and contracting expertise to small businesses. While he was the Colorado District Director of the SBA, one project Mr. Lopez participated in involved a company called Morreale Hotels, LLC. As District Director, Mr. Lopez personally and substantially participated in efforts to help Morreale Hotels restructure its debt, including the SBA’s interests in a $1.7 million loan to Morreale Hotels guaranteed by the SBA under the SBA’s 504 loan program, which provides approved small businesses with financing for fixed assets, including the purchase and renovation of buildings.
After Mr. Lopez left the SBA in 2014, he attempted to influence the SBA’s handling of its loan guarantee by communicating with SBA employees on behalf of the owner of Morreale Hotels, who had become Mr. Lopez’s friend. To help his friend, on August 5, 2015 Mr. Lopez asked an SBA officer for a “favor” in obtaining SBA approval of a debt restructuring plan that would have benefited Morreale Hotels and its owner. A few months later, Mr. Lopez also asked another SBA administrator to help Morreale Hotels. Mr. Lopez’s attempts to influence the SBA were unsuccessful, and the SBA ultimately recovered the full amount of its loan guarantee.
On July 31, 2020, the United States filed a civil action against Mr. Lopez, United States v. Lopez, 20-cv-02265-RM-NRN (D. Colo.). The United States alleged that Mr. Lopez’s contacts with the SBA on behalf of the owner of Morreale Hotels violated the conflict of interest restrictions applicable to former federal employees pursuant to 18 U.S.C. § 207.
As part of the settlement, Mr. Lopez has acknowledged that the United States could prove the facts alleged in the civil action by a preponderance of the evidence. He has also paid $15,000 to resolve the claim.
“Mr. Lopez’s attempts to exert improper influence over a federal agency on behalf of his friend were serious violations of the rules for former federal officials,” stated United States Attorney Jason Dunn. “The American people deserve to have confidence that the federal government runs its programs without favoritism towards former officials. We commend the SBA for not being swayed by Mr. Lopez’s improper attempts.”
“Despite Mr. Lopez’s improper efforts behalf of the debtor, SBA’s Office of General Counsel working in coordination with its participant lender obtained full recovery of the outstanding loan balance,” said SBA Associate General Counsel for Litigation Eric S. Benderson. “The resolution of this lawsuit should serve as a deterrent to any former federal official from violating the conflict of interest rules for federal employees.”
“Attempting to improperly influence the federal government to help your friends is reprehensible,” said SBA OIG’s Western Region Special Agent in Charge Weston King. “OIG will aggressively root out fraud to protect the integrity of SBA’s programs, which are intended to provide vital assistance to the nation’s small businesses. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”
“The Denver Field Office of the FBI appreciated the opportunity to work alongside its colleagues from the US Attorney's Office - District of Colorado and the Small Business Administration Office of the Inspector General on this important investigation in furtherance of this impactful civil settlement outcome,” said FBI Denver Special Agent in Charge Michael Schneider.
This case was investigated by the Office of the Inspector General of the Small Business Administration and the Denver office of the FBI. Assistant U.S. Attorney Jasand Mock handled the civil action on behalf of the United States.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Jason Dunn Announces over $11 Million in Justice Department Grants to Combat Addiction CrisisRead the Press Release
DENVER – U.S. Attorney Jason R. Dunn today announced awards of $11,281,830 in Department of Justice grants to fight drug abuse and addiction in Colorado. The grants were awarded by the Department’s Office of Justice Programs (OJP) and are part of more than $341 million going to communities nationwide.
“The opioid crisis in Colorado is real and getting worse, and it is affecting too many Coloradans during these tough economic times,” said U.S. Attorney Jason Dunn. “Combining these grants with our efforts to target both local and transnational drug traffickers with criminal prosecution allows us to have a real impact on both the supply side and the demand side of the problem.”
“The addiction crisis has taken an enormous toll on America’s families and communities, eroding public health, threatening public safety and claiming tens of thousands of lives year after year,” said Attorney General William P. Barr. “Through comprehensive measures taken by this administration, we have been able to curtail the opioid epidemic, but new and powerful drugs are presenting exceptional challenges that we must be prepared to meet. The Justice Department’s substantial investments in enforcement, response, and treatment will help us overcome these challenges and work towards freeing Americans from abuse and addiction.”
Illegal drugs and illicit drug use have claimed the lives of nearly 400,000 Americans since the turn of the century. Powerful synthetic opioids like fentanyl are exacting an enormous toll on families and communities, and an emergence in the use of methamphetamines and other psychostimulants is drawing drug traffickers and driving up overdose rates. Three years ago, President Trump declared a Public Health Emergency and initiated a whole-of-government approach dedicated to ending this national tragedy. The Department of Justice has invested unprecedented levels of funding in combating the addiction crisis. The awards announced today build on those earlier investments.
“If we hope to defeat an enemy as powerful, persistent and adaptable as illicit drugs, we must be at least as determined and versatile, focusing our ingenuity and resources on curbing abuse and fighting addiction,” said OJP’s Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will enable criminal justice officials and substance abuse, mental health and other medical professionals to pool their assets and bring the full weight of our public safety and treatment systems down on this epidemic that has already caused so much harm.”
Funding is made available through OJP’s Bureau of Justice Assistance, National Institute of Justice, Office for Victims of Crime and Office of Juvenile Justice and Delinquency Prevention.
The following grants are being funded:
- The Colorado Department of Public Health and Environment will receive $6,000,000 to implement, enhance or evaluate responses to the opioid and stimulant crises.
- The Colorado Judicial Department will receive: $498,080 to enhance their existing fully operational veterans treatment courts; $750,000 to support their statewide efforts to enhance or expand adult drug court or veterans treatment court services; and $453,445 for the expansion of parental substance use disorder treatment services in existing family drug courts.
- The Colorado Division of Criminal Justice will receive $452,616 for their residential substance abuse treatment program for state prisoners.
- The City of Alamosa will receive $599,997 and Boulder County will receive $884,014 to expand access to supervision, treatment and recovery support services, support law enforcement and other first responder diversion programs for non-violent drug offenders, promote education and prevention activities; and address the needs of children impacted by the opioid and stimulant epidemics.
- The Boulder Municipal Court will receive $400,000 to develop effective responses to low-level and non-violent offenses involving opioids.
- Partners in Routt County will receive $1,243,678 to address opioid and other substance abuse by building a youth mentoring program.
For a complete list of individual grant programs, award amounts, and jurisdictions that will receive funding, click here. More information about OJP and its components can be found at www.ojp.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years
- The Colorado Department of Public Health and Environment will receive $6,000,000 to implement, enhance or evaluate responses to the opioid and stimulant crises.
Sureno Gang Member Sentenced to over 4 Years in Federal Prison for Being A Felon in Possession of A FirearmRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Clinton White, age 30, of Colorado Springs, and a member of the Sureno gang, was sentenced to serve a total of 53 months (just under 4.5 years) in federal prison for being a felon in possession of a firearm and for violating the terms of his supervised release. Following his prison sentence, White was ordered to serve 3 years on supervised release. The defendant appeared in custody. The Denver Field Division of the ATF joined in this announcement.
According to the stipulated facts contained in White’s plea agreement, on December 7, 2019, a Colorado Springs police officer observed a suspected hand-to-hand drug transaction between occupants of a black Chevrolet Suburban and a white motorcycle. An officer conducted a traffic stop of the Suburban which was being driven by White.
After a search of the vehicle driven by White, officers found a 12 gauge shotgun, 12 gauge shotgun shells, .40 caliber ammunition, firearm magazines containing ammunition, six bulletproof vests, suspected drugs, and drug paraphernalia. White was a multi-time felon, including a prior federal felony conviction for assault on an officer.
“This case is a perfect example of our ongoing effort to help local communities rid themselves of the worst violent offenders,” said U.S. Attorney Jason Dunn. “Thanks to the great work of the ATF, the CSPD, and our team, an armed gang member is off the streets for years.”
“This investigation is another example of the strength of our law enforcement partnerships,” said David Booth, Special Agent in Charge of the Denver Field Division of the ATF. “ATF will continue to work with our local partners to keep our communities safe.”
White was under federal supervision for assaulting an officer when he was caught with the firearm and ammunition. He was sentenced to 48 months for the felon in possession of the firearm case, and was given an additional consecutive 5 months for the supervised release violation.
He was prosecuted by Assistant U.S. Attorney Emily Treaster. The sentence was pronounced by U.S. District Court Judge Raymond P. Moore. The case was investigated by the Denver Field Division of the ATF and the Colorado Springs Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 20-cr-29.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Jason Dunn Announces Election Day Program for November 2020 and Appointment of Election OfficerRead the Press Release
DENVER -- United States Attorney Jason R. Dunn today announced that Assistant United States Attorney (AUSA) Rebecca Weber will lead the efforts of the Colorado U.S. Attorney’s Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election. AUSA Weber in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.
In the past two weeks U.S. Attorney Dunn has been involved in a variety of meetings to discuss election security, including meeting with Governor Jared Polis and hosting a virtual meeting with representatives of the Colorado Secretary of State’s office, the FBI, Homeland Security, and the United States Postal Inspection Service.
United States Attorney Dunn said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will always act appropriately to protect the integrity of the election process.”
United States Attorney Dunn continued, “Ensuring free and fair elections also depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available to my office or the FBI.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.
Federal law protects against such crimes as 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 acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law 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 illiteracy).
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Dunn directed that AUSA/DEO Weber be on duty now through the election and final result tabulation in Colorado. She can be reached by the public at the following telephone numbers: 303-454-0332 desk or 720-281-1734 cell.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at 303-629-7171.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .
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.
United States Attorney's Office Combats Violent Crime by Advancing Four Firearms Cases This WeekRead the Press Release
DENVER – United States Attorney Jason R. Dunn announces the results from this week prosecuting crimes committed with firearms:
- Guilty plea in U.S. v. Michael Phillip Gonzales (case number 20-cr-194) -- Defendant pleaded guilty to being a felon in possession of a firearm while in Colorado Springs. During the course of an investigation, police contacted the defendant, a known gang member, in a store parking lot. A search of the defendant’s vehicle revealed a backpack containing a firearm. The defendant was not allowed to possess this weapon due to a prior conviction.
- Guilty plea in U.S. v. Novan Greenwood (case number 20-cr-58) – Defendant pleaded guilty to being a felon in possession of ammunition while in Wheat Ridge. In September of 2019, the defendant went to a shooting range with his own weapons and purchased ammunition for target practice. The defendant had a prior felony conviction that prohibited this activity.
- Guilty plea in U.S. v. Leon Salazar (case number 20-cr-27) – Defendant pleaded guilty to being a felon in possession of a firearm while in Colorado Springs. During the course of an investigation, law enforcement found firearms in the defendant’s storage shed and in the trunk of his vehicle. He was not allowed to possess these weapons because he had a prior felony conviction.
- Sentencing hearing in U.S. v. Dashe Eugene Armstrong (case number 18-cr-551) – On November 11, 2018, Mr. Armstrong, a known gang member, was shot at by a rival gang member near the intersection of 21st and Lawrence. There were busy restaurants, bars and businesses in the immediate vicinity, as well as a large group of homeless individuals. Five innocent homeless people were shot, with one dying from his injuries. Armstrong was also shot -- in the foot. He returned fire. He was a felon and not allowed to possess a firearm or the ammunition he used during the shootout. The defendant received a sentence of time served, followed by 3 years on supervised release.
Earlier this week, U.S. Attorney Dunn announced that since June his office has obtained 51 indictments related to firearms as part of a concerted effort to address violent crime. Recent cases were also the focus of Tweets issued on the office’s Twitter account, which can be found @DCoNews.
Southern Colorado Man Pleads Guilty to Federal Hate Crime and Explosives Charges for Plotting to Blow up SynagogueRead the Press Release
DENVER – United States Attorney Jason R. Dunn, in conjunction with the Justice Department announced that Richard Holzer, age 28, pleaded guilty today to federal hate crime and explosives charges for plotting to blow up the Temple Emanuel Synagogue in Pueblo, Colorado.
Holzer pleaded guilty to intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs, through force and the attempted use of explosives and fire, in violation of Title 18, United States Code, Section 247, and to attempting to maliciously damage and destroy, by means of fire and explosives, a building used in interstate commerce, in violation of Title 18 United States Code, Section 844(i).
In the plea agreement, Holzer admitted that he planned to destroy Temple Emanuel, a synagogue in Pueblo, Colorado, that is listed on the National Register of Historic Places. Holzer, who self-identifies as a Neo-Nazi and a white supremacist, used social media accounts to promote white supremacy ideology and acts of violence and visited Temple Emanuel to observe Jewish congregants. After one such visit, Holzer told undercover FBI agents that he wanted to do something that would tell Jewish people in the community that they are not welcome in Pueblo, and they should leave or they will die. Holzer sent an undercover FBI agent pictures of himself holding automatic weapons and said he was “getting ready for RAHOWA,” shorthand for a racial holy war.
During a meeting with undercover agents to discuss his plans, Holzer repeatedly expressed his hatred of Jewish people and suggested using explosive devices to destroy the Synagogue. Holzer told the undercover agents that he wanted to “get that place off the map.” Holzer further admitted that he coordinated with the undercover agents to obtain explosives, including pipe bombs.
On the evening of November 1, 2019, Holzer met with undercover agents, who provided Holzer with inert explosive devices that had been fabricated by the FBI, including two pipe bombs and 14 sticks of dynamite. Before taking custody of the explosives, Holzer removed a copy of “Mein Kampf” from his bag and told the undercover agents that “this is a move for our race.” Holzer admitted that he planned to detonate the explosives several hours later, in the early hours of Saturday morning, November 2, 2019. The actions Holzer admitted in the plea agreement meet the federal definition of domestic terrorism, as they involved criminal acts dangerous to human life that were intended to intimidate or coerce a civilian population.
“This is the most important work that we can do – protecting our communities by stopping an attack before it occurred,” said U.S. Attorney Jason Dunn. “The people of Pueblo and the State of Colorado are safer as a result of today’s guilty plea and the outstanding work of prosecutors, the FBI, and our other law enforcement partners.”
“The defendant attempted to bomb the Temple Emanuel Synagogue to drive people of Jewish faith out of his community,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Violence motivated by religious intolerance strikes at the heart of a free society, and the Justice Department will continue to investigate and prosecute these violent acts of hate.”
“Today Richard Holzer pled guilty for plotting to harm members of a religious organization in Pueblo, Colorado,” said FBI Denver Special Agent Charge Michael Schneider. "We remain committed to working with our partners to protect Colorado's citizens from those who plan to commit acts of violence, including that which constitutes a hate crime or domestic terrorism, and hold those individuals accountable. We would like to thank the Southern Colorado Joint Terrorism Task Force, Pueblo Police Department, and the U.S. Attorney's Office for their dedication and perseverance in this investigation.”
Sentencing is set for January 20, 2021, before U.S. District Judge Raymond P. Moore. Holzer faces a maximum sentence of 20 years in prison for the hate crime charge and 20 years for the explosives charge, a fine of up to $250,000, and a term of supervised release.
Assistant United States Attorney Julia Martinez and Trial Attorney Michael J. Songer of the Civil Rights Division are prosecuting the case on behalf of the government. The FBI conducted the investigation with the assistance of the Pueblo Police Department and Pueblo County Sheriff’s Office.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The case number is 19-cr-488.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Fugitive Charged with Leading Multimillion Dollar Fraud Scheme, Falsifying Evidence, and Tax CrimesRead the Press Release
An American citizen was charged in two indictments unsealed this week for his alleged participation in an investment fraud scheme in which he allegedly misappropriated $6.1 million in investor-funds, manufactured evidence to mislead an investigation by the Securities and Exchange Commission (SEC) and concealed the proceeds of his fraudulent scheme from the IRS.
Mykalai Kontilai, aka Michael Contile, 51, formerly of Las Vegas, Nevada and New York, New York, was charged by sealed grand jury indictment on June 3, 2020, in the District of Nevada with one count of securities fraud, six counts of wire fraud, six counts of laundering of money instruments, one count of money transaction in property derived from specified unlawful activity, and four counts of willful failure to file tax returns. Kontilai was also charged by sealed grand jury indictment on March 10, 2020, in the District of Colorado with one count of conspiracy to obstruct proceedings, two counts of obstruction of proceedings, one count of tampering with documents, and two counts of false statements. Arrest warrants have been issued, however, Kontilai is believed to have traveled to Russia to avoid prosecution. The FBI has also released a “Wanted” poster to facilitate his arrest.
The District of Nevada indictment alleges that from 2012 through 2018, Kontilai lured investors into giving him money to start an e-commerce auction business. The indictment further alleges Kontilai falsely told investors that he invested millions of dollars of his own money in the business and was not taking “a dime of salary.” According to the filing, Kontilai led bank officials to believe that money he withdrew was for business purposes when in fact it was for himself. On one occasion alone he allegedly withdrew $770,000 in cash from a company bank account, not to purchase inventory for the company, but for his personal use. He also allegedly used investor funds to purchase a Cadillac with the vanity tag, “MYKALAI,” and to pay for private school tuition and rent on luxury homes throughout the country. Kontilai is also charged with failing to file tax returns for tax years 2015 through 2018 when he was engaged in this scheme.
The District of Colorado indictment alleges that Kontilai covered up his theft by providing false testimony, and altering and manufacturing documents in an SEC investigation. Among other things, Kontilai is alleged to have tampered with a bank statement to substantiate his testimony that he loaned the company five million dollars and was justified in taking investor money to pay himself back. The altered bank statement showed the company’s account with a balance of $4,999,065, when the actual balance at the time was $935.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the Las Vegas Field Offices of the FBI and IRS Criminal Investigation Division with assistance from the Washington and New York Field Offices of the FBI. Trial Attorney Emily Scruggs of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Tony Lopez of the U.S. Attorney’s Office for the District of Nevada are prosecuting the case. The U.S. Attorney’s Office for the District of Colorado, the Justice Department’s Tax Division, and the Justice Department’s Office of International Affairs also provided assistance.
The Fraud Section plays a pivotal role in the Department of Justice’s fight against white collar crime around the country.
Individuals who believe that they may be a victim in this case should contact the FBI’s Las Vegas Field Office.
Colorado Man Pleads Guilty to Federal Hate Crime and Explosives Charges for Plotting to Blow up SynagogueRead the Press Release
The Justice Department announced that Richard Holzer, 28, pleaded guilty today to federal hate crime and explosives charges for plotting to blow up the Temple Emanuel Synagogue in Pueblo, Colorado.
Holzer pleaded guilty to intentionally attempting to obstruct persons in the enjoyment of their free exercise of religious beliefs, through force and the attempted use of explosives and fire, in violation of Title 18, U.S. Code, Section 247, and with attempting to maliciously damage and destroy, by means of fire and explosives, a building used in interstate commerce, in violation of Title 18 U.S. Code, Section 844(i).
“The defendant attempted to bomb the Temple Emanuel Synagogue to drive people of Jewish faith out of his community,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “Violence motivated by religious intolerance strikes at the heart of a free society, and the Justice Department will continue to investigate and prosecute these violent acts of hate.”
“This is the most important work that we can do – protecting our communities by stopping an attack before it occurred,” said U.S. Attorney Jason Dunn for the District of Colorado. “The people of Pueblo and the State of Colorado are safer as a result of today’s guilty plea and the outstanding work of prosecutors and the FBI.”
“Today Richard Holzer pled guilty for plotting to harm members of a religious organization in Pueblo, Colorado,” said FBI Denver Special Agent Charge Michael Schneider. “We remain committed to working with our partners to protect Colorado's citizens from those who plan to commit acts of violence, including that which constitutes a hate crime or domestic terrorism, and hold those individuals accountable. We would like to thank the Southern Colorado Joint Terrorism Task Force, Pueblo Police Department, and the U.S. Attorney's Office for their dedication and perseverance in this investigation.”
In the plea agreement, Holzer admitted that he planned to destroy Temple Emanuel, a synagogue in Pueblo, Colorado, that is listed on the National Register of Historic Places. Holzer, who self-identifies as a Neo-Nazi and a white supremacist, used social media accounts to promote white supremacy ideology and acts of violence and visited Temple Emanuel to observe Jewish congregants. After one such visit, Holzer told undercover FBI agents that he wanted to do something that would tell Jewish people in the community that they are not welcome in Pueblo, and they should leave or they will die. Holzer sent an undercover FBI agent pictures of himself holding automatic weapons and said he was “getting ready for RAHOWA,” shorthand for a racial holy war.
During a meeting with undercover agents to discuss his plans, Holzer repeatedly expressed his hatred of Jewish people and suggested using explosive devices to destroy the Synagogue. Holzer told the undercover agents that he wanted to “get that place off the map.” Holzer further admitted that he coordinated with the undercover agents to obtain explosives, including pipe bombs.
On the evening of Nov. 1, 2019, Holzer met with undercover agents, who provided Holzer with inert explosive devices that had been fabricated by the FBI, including two pipe bombs and 14 sticks of dynamite. Before taking custody of the explosives, Holzer removed a copy of “Mein Kampf” from his bag and told the undercover agents that “this is a move for our race.” Holzer admitted that he planned to detonate the explosives several hours later, in the early hours of Saturday morning, Nov. 2, 2019. The actions Holzer admitted in the plea agreement meet the federal definition of domestic terrorism, as they involved criminal acts dangerous to human life that were intended to intimidate or coerce a civilian population.
Sentencing is set for Jan. 20, 2021 before U.S. District Judge Raymond P. Moore. Holzer faces a maximum sentence of 20 years in prison for the hate crime charge and 20 years for the explosives charge, a fine of up to $250,000, and a term of supervised release.
Assistant U.S. Attorney Julia Martinez and Trial Attorney Michael J. Songer of the Civil Rights Division are prosecuting the case on behalf of the government. The FBI conducted the investigation with the assistance of the Pueblo Police Department and Pueblo County Sheriff’s Office.
U.S. Attorney Jason Dunn Announces Results of Effort to Address Recent Rise in Gun CrimeRead the Press Release
DENVER – Amid the rise of violent crime in metro areas across the nation – including Denver and Aurora – the Colorado U.S. Attorney’s Office has doubled down on efforts to target gun violence and enforce federal firearm laws. Despite the challenges of COVID-19 and its impact on the criminal justice process, the office filed 51 indictments related to firearms since June.
The Denver Post recently reported that “Denver is on track to have its deadliest year in a decade.” In addition, Aurora has seen homicides and violent crime increase 53 percent since last year.
As part of the U.S. Attorney’s Office’s effort to address the rise in violent crime, and gun crime in particular, U.S. Attorney Jason Dunn has directed his staff to work closely with local law enforcement agencies and aggressively pursue federal felon in possession charges where appropriate. It is illegal under both state and federal law for a convicted felon to possess a firearm. However, federal sentences for such offenses are typically much higher than at the state level. In addition, federal courts are often more willing to grant pre-trial detention requests than state courts. U.S. Attorney Dunn has emphasized to local law enforcement in recent months that his office will take such cases for federal prosecution to help ensure the toughest possible sentences and to assist affected communities in quickly getting the worst actors off the streets.
Specifically, since June, the office has charged 41 individuals with being a felon in possession of a firearm under 18 USC § 922, and 10 individuals with being in possession of a weapon during drug trafficking under 18 USC § 924.
Examples of recent cases involving the felon in possession charge include:
- In September, Andre Daniel Gilmore, a convicted felon from Denver, was sentenced to 40 months in prison for illegally possessing a firearm. At the time of his arrest, Gilmore was on bond for an attempted murder case in Denver County.
- In August, Nicholas Meyers, of Denver, was sentenced to serve over 11 years in federal prison followed by 5 years on supervised release for distribution of methamphetamine and being a felon in possession of a firearm. Meyers sold 11 firearms including an assault-style rifle capable of accepting high capacity magazines and just under 10 ounces of methamphetamine to an undercover federal agent.
- In June, Jalonni Alexander Moore, also from Denver, was sentenced to serve 16 months in federal prison, followed by 3 years on supervised release for being a felon in possession of a firearm. The charges were filed after Moore was involved in a shootout near downtown Denver where one individual was killed.
Other types of crime related to guns or illegal weapons includes straw purchases and going after those illegally in possession of destructive devices like pipe bombs and Molotov cocktails. The focus on weapon-related charges that has been seen in recent months is the result of the critical law enforcement partnership between federal agencies (United States Attorney’s Offices, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the FBI, the DEA, and the U.S. Marshals), and local law enforcement.
“We have made a concerted effort this year to focus on preventing future gun crimes and prosecuting those who commit violent crime,” Dunn said. “We’re making sure that the most serious, readily provable charges are brought against anyone who commits a gun-related crime. That ensures that not only are these criminals taken off the street but that they are kept out of the community for a significant period of time.”
Pending any potential changes to the court calendar, this week will see hearings in gun cases brought by the office, including sentencing hearings and change of plea hearings in several cases. The office anticipates sending out a press release on Friday summarizing the results of gun cases from the week.
Throughout the week, the Colorado U.S. Attorney’s Office will also be joining a nationwide effort to highlight cases that have helped reduce gun violence, to learn more follow us on Twitter.
Twenty-Three Indicted in Large-Scale Heroin RingRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that 23 individuals have been indicted with 37 counts for their role in running a large-scale, Denver-based heroin trafficking organization. The Denver Field Division of the Drug Enforcement Administration joined in today’s announcement.
According to allegations contained in the indictment as well as information from detention hearings, defendants Azusena Maribel Sierra and her husband Juan Antonio Amaya-Nunez were at the center of the organization. Sierra was the heroin dispatcher and money collector who, on a daily basis, received calls and texts from dozens of street-level customers. Sierra took heroin orders, dispatched multiple runners to meet with, make deliveries to, and collect money from customers, and collected money at the end of the day. The organization distributed approximately 1 kilogram of heroin every week.
Following an investigation that was initiated in September 2019, agents and officers seized approximately 33 kilograms of heroin, approximately $100,000 in cash, and two firearms.
The defendants face charges including conspiracy to distribute heroin, money laundering, transporting heroin in aid of racketeering, and using telephones in connection with drug trafficking.
Of those indicted, 14 defendants have been arrested and have made their initial appearances in U.S. District Court where they were advised of their rights and the charges pending against them. Nine other defendants are pending arrest and are considered fugitives.
Those charged include:
Benjamin Lopes-Alvarado, age 31 and a Mexican National Azusena Maribel Sierra, age 33 and a U.S. Citizen
Hector Nunez-Sandoval, age 34 and a U.S. Citizen
Jorge Reyes Cruz-Garcia, age 19 and a Mexican National
Bradley Michael White, age 32 and a U.S. Citizen
Michael Ian Mills, age 37 and a U.S. Citizen
Anna Marie Rebekah Davis, age 47 and a U.S. Citizen
Keven Alexander Perez, age 29, and a U.S. Citizen
Victoriano Hinojosa, age 31, and a Mexican National
Oscar Manuel Oliveros, age 19, and a Mexican National
Diego Romero-Cruz, age 28, and a Mexican National
Christian Anthony Carver, age 29, and U.S. Citizen
Abisai Escobar Flores, age 42, and a Mexican National
Nicho Garcia, age 24, and a U.S. Citizen
Jesse Cervantes, age 37, and a U.S. Citizen
Victor Alonso Carreon, age 24, and a Mexican National
Adrianna Rafaela Holguin, age 19, and a U.S. Citizen
In addition to the named defendants, six indicted individuals have not been identified.
“Thanks to the great work of the DEA and our team, we’ve dismantled a significant drug trafficking organization in the metro-area,” said U.S. Attorney Jason Dunn. “While others may seek to fill the newly created vacuum, they are on notice that we will come for them with the same zeal that we pursued these defendants.”
“Taking down an organization like this and removing a pipeline of this magnitude can only be accomplished with our law enforcement partners,” said Deanne Reuter, Special Agent in Charge, DEA Denver Field Division. “As long as this poison continues to wreak havoc in our communities the DEA will find those responsible and hold them to account.”
These defendants are being prosecuted by Assistant U.S. Attorney Stephanie Podolak. Law enforcement agencies involved in investigation and/or takedown include – the Denver Field Division of the DEA and Denver OCDETF Strike Force Group-1, to include the IRS, Denver Police Department, Aurora Police Department, Northern Colorado Drug Task Force, Arvada Police Department, Colorado Attorney General’s Office, Colorado State Patrol, Boulder County Sheriff’s Office, U.S. Marshal Service, Parker Police Department, and North Las Vegas Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 20-cr-292.
The charges contained in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
This prosecution is part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Traffic Stop on I-70 Results in Drug Trafficking Charges for Henderson ManRead the Press Release
GRAND JUNCTION – United States Attorney Jason R. Dunn announced that Beau Aaron Howarth of Henderson, Colorado has been indicted by a federal grand jury, charged with possession with intent to distribute more than 1 kilogram of heroin. The indictment was returned on October 2, 2020. Howard was ordered detained pending trial. The Denver Field Division of the DEA joined in the announcement.
According to allegations in court documents, Howarth was driving a minivan on I-70 in Mesa County heading eastbound. He was pulled over by the Mesa County Sheriff’s Department in a traffic stop. A Sheriff’s Deputy deployed a canine trained to detect the odor of cocaine, heroin, and methamphetamine. The dog alerted near the rear passenger door. A search of the van identified 13 packages of suspected narcotics, including 11.75 kilograms of suspected heroin and 2.10 kilograms of opiate pills containing suspected fentanyl.
Howarth was ordered detained by United States Magistrate Judge Gordon P. Gallagher pending further proceedings.
This matter is being investigated by the Mesa County Sheriff’s Office together with the Drug Enforcement Administration. Assistant U.S. Attorney Peter Hautzinger is handling is matter.
The charges in the indictment are allegations and the defendant is presumed innocent unless and until convicted. Howarth faces not less than 10 years, and up to life in federal prison, and up to a $10,000,000 fine.
Mountain Village Man Sentenced to over 7 Years in Federal Prison for Possession of Child PornographyRead the Press Release
DURANGO – United States Attorney Jason R. Dunn announced that Jason Van Hoesen, age 46, of Mountain Village, Colorado, near Telluride, was sentenced today to serve 90 months (7.5 years) in federal prison, followed by 10 years on supervised release, for possession of child pornography. He was also ordered to pay $60,000 in restitution. During the course of the investigation, agents and officers recovered more than 10,500 child pornography files, including 281 videos depicting child pornography.
According to the stipulated facts contained in the plea agreement, the investigation into Van Hoesen was initiated by Colorado’s Internet Crimes Against Children (ICAC) Task Force. On December 14, 2018, a specific web search engine reported to the National Center for Missing and Exploited Children (NCMEC) that on November 15, 2018, an individual using a specific IP address uploaded a file of suspected child pornography.
NCMEC analysts reviewed and attempted to determine the jurisdiction for the incident reported. Once the analysis was complete, a cybertip was securely transmitted to Colorado’s ICAC Task Force. The Colorado Springs Police Department (CSPD) is the lead agency for this task force.
Cybertips are received and then securely transmitted to the agency affiliated with the image for further investigation. Upon receipt of this cybertip, CSPD reviewed the uploaded image, which depicted a nude prepubescent minor boy approximately 6 to 10 years old. A check through the American Registry for Internet Numbers reflected the IP address in question was registered to Mountain Village Metro Cable under the parent company of Centurylink.
An administrative summons was served on Mountain Village Metro Cable for subscriber information. Mountain Village Metro Cable provided an address on Mountain Village Boulevard. The Mountain Village Police Department (MVPD) was notified of this information. They in turn requested assistance with the investigation. As such, a joint CSPD and MVPD ICAC investigation was initiated.
On February 8, 2019, MVPD executed a state search warrant at the Mountain View residence where Van Hoesen and his roommate were contacted. Law enforcement conducted a search of the roommate’s cell phone and computer, which revealed no child pornography.
Van Hoesen confirmed to law enforcement his name and email address. He also confirmed that he used the identified web search engine to upload a photo of a naked boy in November 2018.
Numerous digital storage devices were located and seized within the Mountain Village premises. They were later transported to the CSPD for further review. A computer forensic review of the devices revealed that Van Hoesen had downloaded child pornography on several occasions and possessed more than 10,500 files depicting child pornography. Van Hoesen had extensively organized his collection into folders, including folders containing images of infants and toddlers.
“This sentence is wholly appropriate for someone who was a willing participant in the victimization of thousands and thousands of young children,” said U.S. Attorney Jason Dunn. “Through the dogged work of the Colorado Springs and Mountain Village police departments, and the expertise of the NCMEC, a child predator has been taken out of our community for many years to come, and will be closely monitored upon his release.”
Copies of all of the files depicting child pornography were provided to NCMEC, which reported that more than 4,400 files possessed by the defendant depict minor victims previously identified by law enforcement.
This case was investigated by the Colorado Internet Crimes Against Children (ICAC) Task Force, in conjunction with the Mountain Village Police Department. The case was prosecuted by Assistant United States Attorneys Alecia L. Riewerts and Jeffrey K. Graves.
Jason Van Hoesen was charged by Indictment on May 3, 2019, and pleaded guilty to the charge on July 6, 2020. The sentence was pronounced by U.S. District Court Judge Robert E. Blackburn.
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 U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-208.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
U.S. Attorney Jason Dunn Announces $2.6 Million in Grants to Southern Ute Indian TribeRead the Press Release
DENVER – U.S. Attorney Jason Dunn today announced $2.6 million in Department of Justice grants to improve public safety, serve victims of crime and support youth programs to the Southern Ute Indian Tribe in Colorado.
“When it comes to violent crime, the gap between Indian Country and the rest of America is staggering, which is why the Justice Department is dedicated to not only vigorously prosecuting violent crimes committed on tribal lands, but also funding programs that support victims and promote public safety,” U.S. Attorney Dunn said.
A total of more than $103 million is being awarded to tribes across the country under the Justice Department’s Coordinated Tribal Assistance Solicitation. CTAS supports activities that enhance law enforcement and tribal justice practices, expand victim services and sustain crime prevention and intervention efforts. CTAS grants are administered by the Department’s Office of Justice Programs ($41.5 million), Office on Violence Against Women ($39.1 million) and Office of Community Oriented Policing Services ($22.5 million).
“American Indian and Alaska Native communities experience rates of violent crime and domestic abuse that are among the highest in the nation,” said Attorney General William P. Barr. “The awards announced today underscore the Department of Justice’s deep commitment to improving public safety in tribal communities throughout the United States. This administration will continue to work closely with our tribal partners to guarantee that they have the resources they need to combat violence and bring criminals to justice.”
An additional $113 million is being awarded to 133 applicants nationwide under the Tribal Victim Services Set-Aside Program. This program, managed by OJP’s Office for Victims of Crime, is designed to help tribes develop, expand and improve services to victims of crime and promote other public safety initiatives.
“Public safety officials and victim service providers in Indian country face exceptional challenges, but they bring to their work an extraordinary array of skills and resources that enable them to meet and overcome any obstacle,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “The Office of Justice Programs is proud to help fulfill Attorney General Barr's strong commitment – and the federal government's long-standing responsibility – to our tribal partners in the matter of their citizens' safety and wellbeing.”
In addition to the CTAS and Tribal Victim Services Set-Aside awards, the Office on Violence Against Women is making additional tribal awards of more than $31 million to support a wide range of efforts to address the crimes of domestic violence, dating violence, sexual assault, stalking and human trafficking.
“OVW’s funding supports Native American and Alaska Native communities as they work across their communities to prevent and respond to gender based violence,” said OVW Principal Deputy Director Laura L. Rogers. “These awards represent the strong commitment that OVW has made to help protect the most vulnerable members of tribal communities.”
Additional awards to support tribal public safety efforts are being made by OJP and the COPS Office. These grants will provide community policing training and other training and technical assistance. Awards will also address the needs of tribal youth, fund tribal reentry efforts, help tribes combat substance abuse and manage sex offenders, and support tribal research. In addition, funds support efforts in 17 tribal communities to address the challenges posed by the outbreak of COVID-19.
“Ensuring our nation’s tribal communities have the resources they need is paramount for the COPS Office and the Department of Justice,” said COPS Office Director Phil Keith. “These awards are a critical component to the overall public safety strategy for tribal law enforcement and the COPS Office is honored to provide vital resources to hire more sworn officer positions, advance tribal training and procure equipment needed to keep communities safe.”
A full listing of all the announced CTAS awards is available here.
A full listing of all Tribal Victim Services Set-Aside Program awards is available here.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Denver Man Pleads Guilty to Possession with Intent to Distribute Psilocybin MushroomsRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Kole Milner pleaded guilty to possession with intent to distribute psilocybin mushrooms. The guilty plea was tendered before U.S. District Court Judge R. Brooke Jackson on September 28, 2020. Milner will be sentenced on December 7, 2020. The Denver DEA joined in this announcement.
According to the stipulated facts contained in the defendant’s plea agreement, Milner had a sophisticated psilocybin mushroom cultivation operation in his Denver apartment. His bedroom had a large climate-controlled tent, equipped with lights, fans, humidification and de-humidification devices, and other equipment to aid in the cultivation of psilocybin mushrooms. Milner began to cultivate and distribute psilocybin mushrooms from his apartment in November of 2018. He conducted sales under the name "Happy Fox Edibles.” Milner promoted this name through the media and was the subject of several news articles and videos related to his cultivation and sale of psilocybin mushrooms.
“Psilocybin mushrooms are illegal and are a schedule 1 controlled substance,” said United States Attorney Jason Dunn. “Together with the Denver DEA, our office will ensure the law is enforced.”
This case was investigated by the Denver DEA. The defendant is being prosecuted by Assistant U.S. Attorney Conor Flanigan.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 20-cr-224.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Colorado Springs Man Sentenced to 5 Years in Federal Prison for Possession of a Firearm During a Drug Trafficking CrimeRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Jenaireo Wade of Colorado Springs was sentenced to serve 60 months (5 years) in federal prison followed by 3 years on supervised release for possession of a 9mm pistol during a drug trafficking crime. The Denver Division of the FBI joined in this announcement.
According to the stipulated facts contained in Wade’s plea agreement, on November 1, 2018, Colorado Springs Police Department (CSPD) Officers and agents from the FBI were investigating the robbery of a Colorado Springs bank and, while surveilling a local building thought to be related to the robbery, saw Wade go back and forth between his car and the building several times. Wade then left the property and was stopped by police and detained. A search of Wade found $6,000 in cash, which was seized as potential evidence related to the bank robbery. Wade was then released, only to show up again later that day at the same building under surveillance. When officers attempted to contact Wade in the parking lot and ordered him to stop, Wade fled on foot. Following a short pursuit, officers arrested Wade and searched him, this time finding a 9mm semi-automatic pistol, nearly 300 hundred illegal opioid pills, and more cash. Wade was subsequently charged with being a felon in possession of a firearm, as well as with drug trafficking offenses, and ultimately pleaded guilty to possessing a firearm during a drug trafficking crime.
“Thanks to the solid work of our law enforcement partners and the prosecutors in our office, another armed criminal has been taken off the streets through the use of federal crime gun sentencing,” said U.S. Attorney Jason Dunn. “These prosecutions are a critical and straight-forward tool in getting the worst criminals out of our communities quickly, and we are happy to use them anytime our local partners ask for our help.”
“The FBI and Colorado Springs Police Department worked in close collaboration to identify and effectively disrupt an interstate criminal conspiracy, and put an end to a series of dangerous robberies,” stated Denver FBI SAC Michael Schneider. “This law enforcement partnership and diligent pursuit of justice resulted in a favorable outcome for the affected communities.”
Wade was prosecuted by Assistant U.S. Attorney Jason St. Julien. The sentence was pronounced by U.S. District Court Judge R. Brooke Jackson on September 28, 2020. The case was investigated by the FBI and the CSPD.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 19-cr-221.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Fugitive Charged in Montrose Drug Conspiracy Found and Arrested in MexicoRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that fugitive Omar Briceno-Quijano was found by the U.S. Marshals in Los Mochis, a city in the State of Sinaloa in the Republic of Mexico. In January 2020, Briceno-Quijano was charged with 12 other individuals with conspiracy to distribute methamphetamine and heroin. The day before law enforcement made arrests in and around Montrose, Briceno-Quijano left Colorado.
After about eight months on the run, Briceno-Quijano was found in Mexico and then, on September 23, 2020, flown on a commercial flight to Houston, where he made his initial appearance in this case. He was then remanded into custody and ordered to be returned to Colorado where proceedings will continue.
“As the old saying goes, the long arm of the law will eventually find you if you are a fugitive on the run,” said U.S. Attorney Dunn. “Thanks to the great work of the United States Marshal Service, we will find them even if they try and hide in another country.”
This investigation was conducted by the Denver Division of the DEA, the Montrose County Sheriff’s Office, and the Montrose Police Department, as well as representatives from the 7th Judicial District Attorney’s Office.
The defendant is being prosecuted by Assistant U.S. Attorney Zachary Phillips. A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The case number is 19-cr-535.
The charges in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Two Sentenced in Scheme to Fraudulently Obtain Licenses for Massage TherapyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that two individuals, including a Chinese national, were sentenced for wire fraud in a scheme to falsify education credentials to obtain massage therapy licenses. The Denver Division of the FBI joined in this announcement.
Yongbo Shen, a/k/a Kevin Shen, age 49, who is originally from China and currently from Massachusetts, was sentenced to serve 15 months in prison for his role as the leader of the scheme. Co-defendant Marla Daniels, age 51, of Oklahoma City, was sentenced to serve 3 years of probation, including 8 months of home detention.
According to court documents, between February 16, 2015, and March 3, 2018, Shen and Daniels fraudulently obtained the questions and answers to the exam that Colorado requires for applicants to become a massage therapist. With the help of others, Shen then caused the questions and answers to be translated from English to Chinese – essentially creating an unauthorized question and answer key -- or cheat sheet -- for the examination. As part of the scheme, Shen then distributed the cheat sheet to multiple applicants in exchange for a fee. This allowed otherwise unqualified applicants to pass the test and provided them with an unfair competitive advantage over other persons taking the test.
Daniels and Shen also created and issued multiple bogus diplomas, which falsely certified that certain applicants for the state license had successfully completed the requisite 500 hours of instruction and training from a massage therapy program and had graduated from the Majestic Massage Therapy school. As part of the fraud, Shen worked with Daniels to help create and falsify course transcripts and diplomas.
Shen would submit applications for massage therapy licenses to the State of Colorado Department of Regulatory Affairs on behalf of applicants. In the course of submitting the applications, Shen falsely certified that the information contained within the applications was true and correct, when in fact, Shen knew the applications contained false information regarding the applicants’ educational qualifications and examination requirements.
“Falsifying credentials, regardless of the industry, is criminal, and those responsible will be held accountable,” said U.S. Attorney Jason Dunn. “The defendants in this case certified unqualified individuals to practice massage therapy, leaving those who use those services vulnerable.”
“The FBI is committed to protecting consumers from those who seek to falsify licensing processes for personal gain,” said FBI Denver Special Agent in Charge Michael Schneider. “We will continue to work collaboratively with our federal, state, and local regulatory and law enforcement partners to identify and hold accountable individuals who exploit our business licensing guidelines at the expense of the American people.”
Daniels and Shen were prosecuted by Assistant U.S. Attorney Tim Neff. The sentence was pronounced by U.S. District Court Judge Robert E. Blackburn on September 16, 2020. This case was investigated by the FBI Denver Division with substantial assistance from the FBI Kansas City Division, the FBI Oklahoma City Division, the Arvada Police Department, the Colorado State Patrol, the Wheat Ridge Police Department, Lakewood Police Department, Aurora Police Department and the Denver Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendants case number is 19-cr-263.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Colorado Springs Gang Member Sentenced to 5 Years in Federal Prison for Bank Robbery and Attempted Bank RobberyRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Elijah Nathanial Salazar, age 22, of Colorado Springs, and a Rolling 60s gang member, was sentenced to serve 60 months (5 years) in federal prison followed by 3 years on supervised release for possession of a firearm during and in relation to a crime of violence. The Denver Division of the FBI joined in this announcement.
According to facts contained in the plea agreement, on the morning of March 14, 2018, Salazar walked into the ENT Federal Credit Union on Jet Drive in Colorado Springs. Salazar confronted a bank teller saying he had a weapon and demanding cash. The teller handed Salazar cash. Salazar then quickly left the premises. The teller later told officers that the robber appeared to have a substantial amount of makeup on his face in order to alter his appearance.
During a March 23, 2018 robbery of the ANB Bank on Briargate Boulevard in Colorado Springs, a 16-year-old male, who was being initiated into the gang, approached a teller demanding money. The suspect wore makeup in an attempt to make his complexion lighter. The 16-year-old fled with cash the teller provided him. Immediately after the robbery, bank officials locked the doors, keeping witnesses inside.
The bank manager became suspicious that one individual inside the bank, later identified as Salazar, had tried to distract her during the robbery, thus acting in concert with the robber. She instructed Salazar to be seated in the lobby and to wait for the police. When contacted by law enforcement, Salazar also had makeup on. After being searched, he was arrested for possessing cocaine. Further investigation revealed that Salazar had accompanied the 16-year-old during the robbery and that Salazar’s role was to make sure the minor robbed the bank.
“If there was ever a crime that fit the expression ‘crime doesn’t pay’, bank robbery is it: robbers get very little cash, almost always get caught, and are sentenced to substantial federal prison time as a result,” said U.S. Attorney Jason Dunn. “Unfortunately, this defendant is learning that lesson the hard way. Hopefully the next would-be-robber sees this result and thinks twice.”
“Elijah Nathanial Salazar will now face the consequences of his actions with a lengthy prison sentence,” said FBI Denver Special Agent in Charge Michael Schneider. “We will continue to investigate violent offenders who target commercial institutions for robbery. FBI Denver and our Southern Colorado Safe Streets Task Force are grateful for the hard work and efforts of the Colorado Springs Police Department, El Paso County Sheriff’s Office, as well as that of the United States Attorney’s Office throughout this investigation.”
Salazar was prosecuted by Assistant U.S. Attorney Kurt Bohn. The sentence was pronounced by U.S. District Court Judge William J. Martinez on September 23, 2020. The case was investigated by the Denver Division of the FBI, the Colorado Springs Police Department and the El Paso County Sheriff’s Office.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 18-cr-360.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Denver Doctor Justin Neisler Sentenced to Twenty-Three Years in Federal Prison for Producing Child PornographyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Dr. Justin Neisler, age 32, of Denver, Colorado, was sentenced to serve 276 months (23 years) in federal prison, followed by 10 years in supervised release for the production of child pornography. He was also ordered to pay $10,100 in assessments to the Court and into funds set up to assist victims of child exploitation crimes. Dr. Neisler appeared at the sentencing hearing in custody and was remanded at the hearing’s conclusion, to be placed in an institution designated by the U.S. Bureau of Prisons. The Denver office of the FBI joined in this announcement.
According to the stipulated facts contained in Dr. Neisler’s plea agreement, on November 2, 2018, the Colorado Springs Police Department’s Internet Crimes Against Children (ICAC) Task Force received a tip that child pornography was being distributed by means of social media accounts, later determined to belong to Dr. Neisler. The accounts made child pornography available to others.
On March 13, 2019, agents executed a search warrant at Dr. Neisler’s residence. During the search it was determined that Dr. Neisler had child pornography on his cell phone and on various other electronic media. Dr. Neisler’s electronic devices were later reviewed by FBI forensic examiners, revealing approximately 6,600 still images and 1,725 videos of child pornography that he had obtained from online sources.
The investigation further determined that during some of Dr. Neisler’s medical examinations of young boys, he secretly video recorded them while they were undressed and without their knowledge, using a Spy Pen Camera and his iPhone. Dr. Neisler would then watch those videos at home for his own gratification. During the investigation and prosecution, the victims were identified and interviewed to make certain that no other hands-on offenses occurred. The investigation also determined that the videos made by Dr. Neisler were not distributed to others. Although it is not part of the federal prosecution, the U.S. Attorney’s Office has been advised that Dr. Neisler’s Colorado medical license has been suspended and will be forfeited following his sentencing hearing.
“This sentence is wholly appropriate in light of the horrific acts committed by the one person besides a parent that a child is told to trust unquestionably,” said U.S. Attorney Jason Dunn. “Our hope is that the sentence gives his victims and their parents some sense of closure and allows them to move forward with their lives.”
"I am extremely proud of the collaborative effort by the FBI Denver Child Exploitation Task Force put forth in order to ensure this defendant was brought to justice and will no longer be able to harm children again,” said FBI Denver Special Agent in Charge Michael Schneider. “Knowing that Mr. Neisler will serve the next 23 years in federal prison, ensures there is one less predator victimizing the most innocent and vulnerable members of our community. Our community is a lot safer as a result of today’s sentencing.”
Dr. Neisler was prosecuted by Assistant U.S. Attorneys Patricia Davies and Alecia Riewerts. The sentence was pronounced by U.S. District Court Judge Raymond P. Moore. The case was investigated by the Denver Division of the FBI.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 19-cr-150.
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 U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Statement by U.S. Attorney Jason Dunn Regarding Death of Supreme Court Justice Ruth Bader GinsburgRead the Press Release
“Along with the entire US Attorney’s Office for the District of Colorado, I am saddened by the loss of Justice Ginsburg. She was a dedicated jurist who believed deeply in the constitutional principles she defended, including equality for all people. When I think of the truly outstanding attorneys who work in my office, I cannot help but believe that many chose legal careers due at least in part to the groundbreaking career and advocacy of Justice Ginsburg. And for that, I am indeed grateful.”
Office for Victims of Crime Awards Nearly $3 Million to Support Victims of 2019 Colorado School ShootingRead the Press Release
DENVER – United States Attorney Jason R. Dunn along with the Justice Department’s Office for Victims of Crime, a division of the Office of Justice Programs, today announced that $2,878,767 in funds from the Antiterrorism and Emergency Assistance Program has been awarded to the Colorado Division of Criminal Justice to assist victims of the 2019 shooting at STEM School in Highlands Ranch, Colorado.
On May 7, 2019, one student was killed and eight others were injured when two students fired weapons in a Highlands Ranch classroom. At the time of the incident, there were 20 other students and a teacher in the classroom and many indirect victims, including the 1,827 students at the school, their families, 160 school staff members and law enforcement and emergency personnel who responded to the scene.
“An act of violence both calculated and senseless claimed an innocent young life and caused physical and emotional harm to many others,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We continue to grieve with the family of Kendrick Castillo and offer our prayers and support to the students and faculty of the STEM School and to the entire community of Highlands Ranch.”
“Our hope is that these funds will help the victims of this senseless tragedy continue forward in their healing process,” said U.S. Attorney Jason Dunn. “The Department of Justice and my office will never forget Kendrick, the STEM family, and the entire Highlands Ranch community.”
Funding will help the Colorado Division of Criminal Justice serve victims during the aftermath of this tragedy. Program funds will reimburse organizations for immediate, necessary services provided to the victims in the community and will provide ongoing trauma-informed, evidence-based healing and resiliency services to the students, families, employees and first responders. Services include meetings with a national school crisis and bereavement expert for students, parents and staff; STEM School Resiliency Center expenses, including mental health services and training for clinicians and a resiliency coordinator; supplemental victim compensation expenses; victim security at court proceedings; and mental health services for first responders.
“We mourn with those whose lives will forever be affected by this reprehensible crime,” said OVC Director Jessica E. Hart. “The disruption of so many young lives – and the horrific death of one child – continues to send ripples of sorrow through the Highlands Ranch community. There remains important work to be done and I hope this funding answers the call for assistance by the organizations that provided crisis response services in the immediate aftermath and that continue to serve the victims, their families, and the community.”
Since 1995, Office for Victims of Crime Antiterrorism and Emergency Assistance Program grants have provided supplemental support to victims and jurisdictions that have experienced incidents of terrorism or mass violence. The funding comes from the Crime Victims Fund, financed by fines and penalties paid by convicted federal offenders.
For more information on this grant program, visit https://www.ovc.gov/AEAP/
About the Office of Justice Programs: The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Denver Convicted Felon Sentenced to 40 Months in Prison for Illegally Possessing FirearmRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Andre Daniel Gilmore of Denver was sentenced on September 16, 2020, to serve 40 months in prison for being a felon in possession of a firearm, to run concurrent to his 16 year state prison sentence for attempted murder in Denver County. The Denver Field Division of the ATF joined in this announcement.
According to the stipulated facts contained in Gilmore’s plea agreement, on May 12, 2017, a Denver Police officer was patrolling along the Speer Boulevard corridor in Denver because of recent property crimes. At approximately 2:40 a.m., the officer observed a male, later identified as Gilmore, on a bicycle, possibly casing buildings. The officer approached Gilmore and took him into custody after Gilmore lied about his name. When additional officers arrived Gilmore gave his real name and stated he had a gun. The officers recovered a loaded 9mm pistol. A records check on the firearm determined it was stolen. At the time of his arrest, Gilmore was free on bond from the attempted murder case in Denver County.
Gilmore is prohibited from possessing firearms because he was previously convicted of a felony. In 2014, Gilmore pleaded guilty and was sentenced to serve 28 months in prison for being a felon in possession of a firearm. In 2004, he was convicted of robbery.
“This office has taken a hard line on felons who illegally possess firearms,” said U.S. Attorney Jason Dunn. “In Colorado, federal sentences for felon in possession are much tougher than at the state level, and I have told local law enforcement that we will gladly take these cases for prosecution to help them rid their communities of the worst and most violent actors.”
“The defendant violated Federal firearms law in addition to disrupting the safety of the public,” said ATF Denver Field Division Special Agent in Charge David Booth. “ATF and our law enforcement partners will tirelessly pursue those that bring violent crime into our communities with every tool at our disposal.”
Gilmore was prosecuted by Assistant U.S. Attorney Jason St. Julien. The sentence was pronounced by U.S. District Court Judge William J. Martinez. The case was investigated by the Denver Field Division of the ATF and the Denver Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 17-cr-327.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Colorado Springs Man Sentenced to Federal Prison for Illegally Possessing Improvised Destructive DevicesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Michael Robert Stevens, age 49, of Colorado Springs, was sentenced yesterday to serve 56 months in federal prison, followed by 3 years on supervised release for possession of improvised destructive devices and ammunition. The Denver Field Division of the ATF joined in today’s announcement.
According to court documents, on October 27, 2018, the Colorado Springs Police Department (CSPD) responded to a report of a suspected DUI. The responding officer found Michael Robert Stevens passed out at the wheel of a truck. While Stevens was being detained for driving under the influence, officers determined that the truck was stolen. Inside, CSPD officers found a black bag that included two white PVC pipes capped on both ends that did not belong to the truck’s owner. The PVC pipes were about 8-inches long. The CSPD Regional Explosives Unit x-rayed the devices, finding suspected lead shot or fragmentation material. Officers also recovered a red plastic bottle of Sterno fire starter and a clear glass jar containing a dark substance similar in appearance to the substance inside of the capped PVC pipes, which were determined to be improvised destructive devices. Additionally, officers found 9 shotgun shells, which Stevens was also prohibited from possessing because he had previously been convicted of a felony.
“Homemade explosive devices simply have no place in our community and will not be tolerated,” said U.S. Attorney Jason Dunn. “Thanks to the great work of the CSPD, the ATF, and attorneys in my office, Mr. Stevens will now have more than four years in federal prison to think about the harm he could have caused.”
“ATF’s partnerships with local law enforcement, such as the Colorado Springs Police Department, are one of our greatest assets in the fight against violent crime,” said ATF Denver Field Division Special Agent in Charge David Booth. “We will continue to work with our partners to ensure the safety of our communities.”
Stevens was prosecuted by Assistant U.S. Attorney Sarah Weiss. U.S. District Court Judge R. Brooke Jackson pronounced Stevens’ sentence. The case was investigated by the Denver Field Division of the ATF and the Colorado Springs Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER. The defendant’s case number is 19-cr-508.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Montrose Resident Sentenced to More Than Twelve Years in Federal Prison for Role in Drug ConspiracyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Joseph Davis of Montrose, Colorado was sentenced to serve 151 months (over 12 years) in federal prison, followed by 5 years of supervised release, for conspiracy to distribute methamphetamine. The sentence was pronounced by U.S. District Court Judge Christine M. Arguello earlier this week. The Denver Division of the Drug Enforcement Administration joined in today’s announcement.
According to court documents, including the stipulated facts contained in the defendant’s plea agreement, as well as facts presented at sentencing, Davis was a mid-level dealer of methamphetamine in Montrose, Colorado, receiving and distributing pounds of methamphetamine for profit. He began this criminal activity shortly after being released on parole in May 2019, after serving a portion of a 10 year state prison sentence for previous drug distribution. Soon after being released on parole in 2019, Davis began distributing methamphetamine from his Montrose residence, along with his wife and co-defendant, Naomi Vaughn. Vaughn is separately scheduled to be sentenced on November 2, 2020. Cases against eleven additional alleged co-conspirators are pending.
“Significant drug prosecutions like this are a high priority for our office, particularly when it involves a smaller community,” said U.S. Attorney Jason Dunn. “The length of this sentence - more than twelve years - demonstrates just how seriously we take this criminal activity. We commend our law enforcement partners, including the DEA, the Montrose County Sheriff’s Office, and the Montrose County Police Department for their excellent work.”
“This sentencing sends a clear message that those who seek to sell this poison in our community will be caught and dealt with severely,” said DEA Special Agent in Charge Deanne Reuter. “The DEA and our law enforcement partners across the state are committed to eradicating the illegal sale and distribution of methamphetamine and other hard drugs plaguing our communities.”
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-535. This matter is being prosecuted by Assistant U.S. Attorney Zachary Phillips.
Related press releases can be found here and here.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Nearly $2.4 Million Awarded to Address Domestic Violence in ColoradoRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that the Department of Justice’s Office on Violence Against Women (OVW) awarded four separate grants totaling $2,390,925 to address domestic violence issues across Colorado.
“This money will help women who are badly in need of housing and related domestic violence related services at a critical time in their lives,” said U.S. Attorney Jason Dunn. “It will also provide critical resources to law enforcement so that they can continue to focus on domestic violence cases and ensure that abusers are caught and prosecuted fully. I applaud these entities for their commitment to domestic violence issues.”
The following grants were awarded this week:
- The City of Colorado Springs and its non-governmental partner, TESSA (Trust, Education, Safety, Support, Action), will receive $998,760 to support two civilian investigators in the Colorado Springs Police Department, provide overtime funding for law enforcement agencies investigating intimate partner violence cases; support one prosecutor in the Fourth Judicial District Attorney’s Office; and two hospital-based confidential advocates.
- Red Wind Consulting, a Colorado Springs nonprofit, will receive $500,000 as part of the OVW’s Transitional Housing Assistance Program. Red Wind provides consulting services to domestic violence service providers within the Native American community, including housing and supportive services to move survivors of domestic violence to permanent housing. Red Wind will collaborate with its partner, the Denver Indian Center, to provide holistic supportive services, and Red Wind will fund scattered-site residences for 21 survivors and their families through private landlord housing units.
- Advocates of Lake County, in Leadville, Colorado, along with 13 partners, will receive $487,637 to develop a Domestic Violence/Sexual Assault Response Team and implement a prevention campaign in Lake County, Colorado. This includes support for a full time Violence Prevention Coordinator who will provide victim advocacy services and coordinate the activities of the response team.
- Project Hope of Gunnison Valley and the City of Gunnison Police Department will receive $404,528 to increase advocacy services and raise awareness of domestic violence, dating violence, sexual assault and stalking in Gunnison and Hinsdale Counties. Grant funds will be used to support a 24/7 crisis line, among other services.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former Executive Officer for Southern Ute Indian Tribe Indicted for Sexual Assault on A ChildRead the Press Release
DURANGO – United States Attorney Jason R. Dunn today announced that McKean Walton, age 51, of Ignacio, Colorado, was indicted on multiple charges stemming from the alleged sexual assault of a child on the Southern Ute Indian Reservation. According to publically available information, Walton was the Executive Officer for the Southern Ute Indian Tribe.
The indictment was returned on September 1, 2020, charging Walton with two counts of aggravated sexual abuse of a child in Indian Country, and one count of sexual abuse of a minor in Indian Country. The indictment alleges that the conduct took place between 2009 and 2011.
Walton made his initial appearance today by video-teleconference from the La Plata County Detention Facility before U.S. Magistrate Judge James Candelaria. He was advised of his rights and the charges pending against him. A detention hearing is scheduled for September 10, 2020. If convicted on the counts alleged in the indictment, Walton faces a mandatory minimum sentence of thirty years imprisonment.
The charges are allegations and the defendant is presumed innocent unless and until proven guilty in a court of law.
This case was investigated by the FBI.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 20-cr-260.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Boulder Man Sentenced for Possessing Tens of Thousands of Images and Videos of Child PornographyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Wesley David Gilreath, age 30, of Boulder, was sentenced today to serve 186 months in federal prison (15.5 years) followed by 10 years on supervised release for possession of child pornography. Gilreath was remanded at the conclusion of the sentencing hearing. The Denver office of the FBI joined in today’s announcement.
According to the stipulated facts contained in his plea agreement, the FBI searched Gilreath’s phone pursuant to a federal search warrant after it was found on a bus. The contents of Gilreath’s phone included approximately 12,000 images and 200 videos depicting child pornography. Gilreath also used the phone to seek out child pornography.
On July 31, 2019, the defendant was arrested pursuant to a federal warrant. During a subsequent search of his residence, FBI agents seized a thumb drive with approximately 22,000 images and 2,400 videos depicting child pornography. Agents also seized a second phone with approximately 4,750 images and 1,400 videos depicting child pornography. The child pornography on the thumb drive and both of the defendant’s phones included images and videos depicting the sexual abuse and torture of toddlers and infants. In addition, Gilreath used various social media, including three Twitter accounts and one Gab account, to knowingly receive, transport and distribute child pornography.
During the sentencing hearing, evidence was presented to the court that Gilreath had posted “hunting guides” online targeting Jews, Muslims, and other groups. During the search of the defendant’s residence, agents found: a full-size Nazi flag, two full-size black and white flags bearing symbols associated with white supremacy; a book titled “National Anarchism”; a book titled “American Terrorist: Timothy McVeigh and the Oklahoma City Bombing”; a book titled “In Bad Company: America’s Terrorist Underground”; and a tee-shirt bearing Timothy McVeigh’s face, among other items. Agents also found hand-written notes bearing the names and addresses of 15 Mosques, Synagogues, religious centers and other locations, all less than 35 miles from the defendant’s apartment. Additionally, the investigation revealed that in May 2019, Gilreath attempted to purchase a firearm, but that purchase was denied following a query of the National Instant Criminal Background Check System (NICS).
“While one image of child pornography is horrific, tens of thousands of images and videos in the possession of one person is almost incomprehensible in its depravity and wickedness. While we can never return the lost innocence that this defendant has stolen, this sentence ensures that he can no longer contribute to the market for these images,” said U.S. Attorney Jason Dunn. “Mr. Gilreath was also a credible threat to various religious communities in Colorado. They can now rest assured that that threat has been stopped for at least a very long time.”
“The FBI will continue to do everything in its power to stop children from being exploited and bring justice to those responsible,” said FBI Denver Special Agent in Charge Michael Schneider. “This case is a great example of the work that can be done when state and federal partners collaborate to hold those accountable for their actions. We appreciate the dedication of the Boulder Police Department, RTD, and United States Attorney's Office in this investigation.”
This case was prosecuted by Assistant U.S. Attorney Julia Martinez.
The sentence was pronounced by U.S. District Court Judge Raymond P. Moore. This case was investigated by the FBI with support from the Boulder Police Department, RTD, and the Rocky Mountain Regional Computer Forensic Lab.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-384.
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 U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Eighth Person Sentenced as A Result of Major Black-Market Marijuana InvestigationRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Fudong Wu, age 40, of Aurora, and a Chinese national and legal permanent resident of the United States, was sentenced to serve 15 months in federal prison, followed by 2 years on supervised release, for maintaining a drug-involved premises. Wu appeared at the sentencing hearing remotely. Wu will voluntariy surrender to the U.S. Bureau of Prisons by October 7, 2020. The Denver Division of the DEA joined in today’s announcement.
According to the stipulated facts in his plea agreement, during the investigation agents learned that an address in Aurora used wattage which was far in excess of normal. They determined that the residence was in Wu and his wife’s name, and had been using excessive electricity from May 2018 to September 2018, indicating that the marijuana grow was present in the home during that period.
On October 10, 2018, agents executed a search warrant at the Aurora residence. Both Wu and co-defendant Hanli Yang lived at the residence since they purchased it in March 2018. Wu and Yang were present when agents entered the residence. The two are married with two children in the home.
In the basement, agents found a marijuana grow with 1,121 marijuana plants in various stages of maturity. Additionally, law enforcement found two pounds of dried marijuana and a notebook with grow notes. The grow was established by Wu, who was primarily responsible for cultivating the marijuana plants. The marijuana was intended for distribution.
Also during the search, agents located a storage locker invoice addressed to Wu. Wu consented to a search of the locker where agents seized $72,081 in cash and additional grow notes. The seized cash was derived from the sale of marijuana cultivated at the residence.
Co-defendant Hanli Yang was previously sentenced to serve 24 months on probation. In total, eight individuals, including Wu, have been sentenced as part of this investigation.
“This sentence is just one of many we expect to result from the investigation that began in 2017 and is still on-going,” said U.S. Attorney Jason Dunn. “These are large-scale commercial growers hiding in plain sight in hundreds of neighborhoods across Colorado. We will continue to search for them, and when we find them we will prosecute to the full extent of the law.”
“This case was part of a larger illicit marijuana distribution network and is another example of how the DEA and our law enforcement partners will not rest while criminals continue to exploit Colorado’s marijuana laws for profit,” said DEA Special Agent in Charge Deanne Reuter. “I want to make it clear that when criminals break the law in our community, the DEA will investigate and prosecute them wherever they’re found.”
The prosecution of Mr. Wu is part of a significant operation into the production and distribution of black market marijuana, first announced on May 24, 2019. (https://www.justice.gov/usao-co/pr/forty-two-individuals-arrested-one-largest-black-market-marijuana-takedowns-colorado)
The sentence was pronounced by U.S. District Court Judge William J. Martinez on September 2, 2020. The guilty plea was entered on December 18, 2019. Wu was indicted by a federal grand jury on February 21, 2019. This case was investigated by the DEA. The defendants were prosecuted by Assistant U.S. Attorney Aaron Teitelbaum.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-083.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Pueblo Man Found Guilty of Being A Felon in Possession of A Firearm Following Two-Day Jury TrialRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Maximillian Zeferino Esquibel, age 32 of Pueblo, was found guilty following a two-day jury trial in U.S. District Court in Colorado. The jury deliberated for less than 3 hours before reaching their verdict. Following the trial, which was before U.S. District Court Judge R. Brooke Jackson, the judge continued Esquibel’s bond pending sentencing, which is scheduled for December 4, 2020. Esquibel appeared at the trial in person. This is the first criminal jury trial in the District of Colorado since COVID-19 impacted the court system in March. The FBI and Southern Colorado Safe Streets Violent Gang Task Force joined in this announcement.
According to court documents and facts presented at trial, on August 9, 2019, law enforcement agents and officers executed a search warrant at Esquibel’s residence. He was present during the execution of the warrant, along with his girlfriend. There were children present as well.
During the search investigators found four firearms, including an AR-15 style rifle, with the safety switch turned to the “fire” position, loaded with an extended magazine that contained multiple rounds of live ammunition. Three other firearms and over 100 rounds of ammunition were also seized.
Esquibel had a prior felony conviction in Pueblo County in 2006 for aggravated robbery, making it a crime for him to possess firearms.
This case was investigated by the FBI and Southern Coloarado Safe Streets Violent Gang Task Force. The trial was handled by Assistant U.S. Attorneys Jason St. Julien and Thomas Minser.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. The United States Attorney’s Office has prosecuted this case with support from Project Guardian partners.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Colorado. Related court documents can be found on PACER by searching for Case Number 19-cr-376.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.