District of Colorado
Press releases recorded for this federal judicial district.
Gun Thief Sentenced for 'Smash-And-Grab' of More Than A Dozen AR-15 Style Rifles from Local Gun StoreRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Justin Vigil, age 31, of Denver, Colorado, was sentenced to serve 39 months (more than 3 years) in federal prison followed by 3 years on supervised release for the theft of firearms from Murdoch’s Ranch and Home Supply, a federally licensed firearm dealer. The Denver Field Division of the ATF joined in this announcement.
According to the stipulated facts contained in Vigil’s plea agreement, he and co-defendant Jonathan Estrada were part of a violent “smash and grab” organization that burglarized federal firearms licensees (FFLs).
On January 18, 2018, Vigil and five others, including Estrada, burglarized Murdoch’s gun store in Littleton. They entered the store after throwing a rock through a glass window. They spent 3 minutes in the store, stealing 13 AR-15 style firearms. That evening, the ATF executed a search warrant at Estrada’s residence. Agents found evidence, including five firearms that were stolen during the burglary, Murdoch's sales tags, and a handwritten ledger listing Murdoch's and other locations to be burglarized.
After Vigil was charged but before pleading guilty in this case, he cut off his GPS ankle monitoring bracelet and absconded. He was at large for several months and missed his initial change of plea hearing.
Co-defendant Jonathan Estrada, age 21, of Denver, was sentenced on February 27, 2020 to serve 96 months (8 years) in federal prison followed by 3 years on supervised release for carjacking and his role in this and another gun store burglary.
“Prosecuting gun crimes is a top priority for my office and the Department of Justice,” said U.S. Attorney Jason Dunn. “The theft of 13 AR-15 style rifles causes a substantial community safety concern because they likely end up in the hands of violent criminals, gangs, and drug trafficking organizations. As these criminals target gun stores, federal law enforcement and my office will target them with laser focus.”
“FFL burglaries and robberies are one of the top priorities of ATF,” said David Booth, Special Agent in Charge of the ATF Denver Field Division. “We will continue to use every resource available to ensure those responsible are brought to justice and ensure public safety.”
According to ATF statistics specific to Colorado, in 2019 there were 135 firearms stolen in 9 separate burglaries. In 2018, there were 64 firearms stolen in 8 separate burglaries. And in 2017, there were 427 firearms stolen in 28 separate burglaries. Nationally in 2019 there were 21,535 firearms stolen in 2,576 separate burglaries.
The sentence was pronounced by U.S. District Court Judge Robert E. Blackburn. This case was investigated by the ATF with assistance from the following law enforcement agencies: Arvada Police Department, Aurora Police Department, Denver Police Department, Douglas County Sheriff’s Office, Jefferson County Crime Lab, and Lakewood Police Department. The defendant is being prosecuted by Assistant U.S. Attorney Emily Treaster.
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 18-cr-421.
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.
Pennsylvania Man Pleads Guilty to Starting Fire During Delta FlightRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Robert Vincent Allen, a resident of Pennsylvania, has pleaded guilty to the attempted destruction of an aircraft. Allen appeared remotely, and is free on bond. The Denver Division of the FBI joined in today’s announcement.
According to the stipulated facts contained in Allen’s plea agreement, on the morning of April 1, 2020, Allen boarded Delta Air Lines flight #1706 at the Los Angeles International Airport scheduled to fly to Detroit, Michigan. Shortly after take-off, other passengers observed Allen acting strangely, moving continuously about the cabin, and switching seats. Delta crewmembers monitored Allen, advised the pilot in command of a possible issue and attempted to get Allen settled. Allen later entered the lavatory, and refused to come out again. The lavatory smoke alarm sounded. Crewmembers forced open the door, removed Allen from the lavatory and extinguished burning paper he set on fire.
Upon hearing the smoke alarm, the pilot in command concluded that he could not safely operate the aircraft with a fire onboard and diverted the flight to Denver International Airport (DIA). Crewmembers seated him in the last row of the plane. Officers arrested Allen after the flight landed at DIA.
Allen was charged in a federal criminal complaint on April 2, 2020, and indicted by a federal grand jury in Denver on June 2, 2020. The guilty plea was entered before U.S. District Court Judge Christine M. Arguello on August 26, 2020.
Allen will be sentenced on December 16, 2020. He faces not more than 20 years in federal prison, a fine of $250,000, and payment of restitution to Delta Air Lines.
This case was investigated by the Denver FBI and the Denver Police Department. The defendant is being prosecuted by Assistant U.S. Attorney Patricia Davies.
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-147.
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.
Mexican National Arrested for Being an Alien in Possession of A Firearm During Denver ProtestsRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Aurora resident and Mexican national Felix Missael Alva has been charged with being an alien in possession of a firearm. Alva made his initial appearance this afternoon where he was advised of his rights and the charge pending against him. The Denver ATF and the Denver Police Department joined in this announcement.
According to the affidavit in support of the criminal complaint, on May 30, 2020, a Denver Police detective was working in downtown Denver during demonstrations when a white Jeep stopped nearby him. The detective was approximately 10 feet from the Jeep when he saw a male passenger produce a large black semi-automatic handgun, and from the open passenger window, heard him say, “This ain't no peaceful protest.” The male pointed to the sky with his left hand and then opened fire into the air while a Denver Police Department helicopter and a news media helicopter were flying overhead. The detective heard approximately 6 to 10 gun shots. Another Denver detective and an officer were near the Jeep during this shooting and observed the passenger fire his weapon into the air. The driver of the Jeep then sped off.
On June 2, 2020, law enforcement went to an address where the white Jeep was found. The vehicle was impounded and searched pursuant to a search warrant for the Jeep. The technicians observed protest signs in the vehicle as well as a large box of artillery shell fireworks. Then on June 4, 2020, the Aurora SWAT Team executed a search warrant at Alva’s residence. The Denver detective who observed the shooting on May 30th approached Alva and recognized him as the individual who fired a handgun into the air on May 30, 2020. During the search, officers located a firearm and firearm accessories in a shed behind the residence. The firearm found on June 4, 2020 has an appearance consistent with the black semi-automatic handgun that the detective observed being fired into the air on May 30, 2020.
Law enforcement record checks revealed that Alva was not a native or citizen of the United States and that he had previously been deported from the United States. In February 2010, he was deported from the United States to Mexico pursuant to a removal order. It was determined that Alva had not made any lawful entries to the United States, and on May 30, 2020, he was present in the United States illegally. As he was not in the United States legally, he was prohibited from possessing weapons.
This case was investigated by the Denver ATF and the Denver Police Department. The defendant is being prosecuted by Special Assistant U.S. Attorney Dorothy DiPascali. The defendant is presumed innocent unless and until proven guilty.
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 20-mj-114.
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.
Crips Gang Member Sentenced to More Than 15 Years in Federal Prison for Leading Bank Robbery Crew and for Being A Felon in Possession of A FirearmRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Eric Coleman, age 43, and a leader of the Rolling 60s Crips, was sentenced to serve 188 months (over 15 years) in federal prison for bank robbery and for being a felon in possession of a firearm. Coleman appeared remotely in custody and was remanded at the hearing’s conclusion. The FBI joined in today’s announcement.
According to the stipulated facts contained in his plea agreement, as well as the government’s argument at sentencing, Coleman was a member and leader of the Rolling 60s Crips, and a mastermind of a multi-defendant bank robbery operation. Coleman actively recruited and manipulated juveniles to carry out the actual robberies. He made juvenile and younger gang members put on makeup and use a firearm to rob the banks.
For example, on March 14, 2018, the ENT Federal Credit Union in Colorado Springs, Colorado was robbed. After the robbery, law enforcement learned that Coleman had picked up the robber -- a co-defendant -- from the credit union, driving them away from the scene. The four individuals involved in these robberies, including Coleman, met up at a fast food restaurant where the robber gave the firearm to Coleman and the money was divided.
On April 30, 2018, law enforcement stopped four individuals who were planning to commit another bank robbery. Officers found an individual wearing makeup. The manner in which the makeup was being worn matched several recent bank robberies and business robberies. During interviews following the stop, law enforcement learned that Coleman would hand the bank robber a firearm for the robbery. A subsequent search of Coleman’s residence resulted in officers finding three firearms, including one in a bag with Mr. Coleman's prescription medication, directly tying him to the weapon.
All seven of the defendants have pleaded guilty, and three of the seven defendants have been sentenced.
In addition to the bank robbery, Coleman was a felon in possession of three firearms, including: a .38 caliber revolver; a .40 caliber pistol; and a 9mm rifle. Prior to the firearms being discovered, Coleman had been convicted of multiple felony offenses, making it illegal for him to have possessed the firearms.
“Bank robbery, especially with a weapon, is a violent crime,” said U.S. Attorney Jason Dunn. “In this case, Mr. Coleman used his position as a gang leader to recruit minors to do his dirty work. He will now serve a lengthy prison sentence appropriate for someone who orchestrated and led others to commit these crimes.”
“The success of this investigation is largely attributed to the close working relationships between federal, state, and local law enforcement and our Southern Colorado Safe Streets Task Force,” said FBI Denver Special Agent in Charge Michael Schneider. “The collaborative effort to address violent crimes, such as bank robberies, within our local communities is just one example of how highly the FBI values its partnerships and the critical role these relationships play in making our community safer.”
The sentence was pronounced by U.S. District Court Judge William J. Martinez on August 19, 2020. The guilty plea was entered on March 5, 2020. This case was investigated by the Colorado Springs FBI. Local law enforcement, including the Colorado Springs Police Department and the El Paso County Sheriff’s Office, assisted with the investigation. The defendant is being prosecuted by Assistant U.S. Attorney Kurt Bohn.
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 18-cr-360.
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.
Florence Penitentiary Inmate Sentenced to More Than 15 Years Additional Prison Time for Stabbing Fellow Inmate and Assaulting U.S. Marshal Service Contract EmployeeRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Richard Angel Gonzales, age 46, was sentenced to serve 185 months (over 15 years) in federal prison consecutive to prior sentences, for two in-custody assaults -- the first of a fellow inmate at the U.S. Penitentiary in Florence, and the second of a contract security officer at the federal courthouse in Denver. The Denver Division of the FBI joined in this announcement.
According to court records, including the stipulated facts from both cases, on March 6, 2018, at the United States Penitentiary in Florence, Colorado, Gonzales was working in the education building for his work assignment as an orderly. Inmate Louis Williams arrived at the education building a short time later. While Williams was sitting at a desk, Gonzales approached Williams from behind and began stabbing him with a homemade weapon. Within a few seconds, staff intervened and ordered Gonzales to stop. Because Gonzales continued the assault, staff deployed two bursts of the pepper spray at him. He stopped stabbing Williams after the second burst. Williams was treated for a punctured lung and multiple stab wounds, as well as lacerations.
Then on November 8, 2018, when Gonzales was at the Alfred A. Arraj United States Federal Courthouse in Denver, Gonzales intentionally head-butted a U.S. Marshal contract employee in the face, resulting in injury.
“We will not tolerate violence from those in the federal prison system or violence against our colleagues in the Marshal Service,” said U.S. Attorney Jason Dunn. “Mr. Gonzales will now have an additional 15 years in prison to realize how serious the justice system takes such crimes.”
“We are grateful to the U.S. Penitentiary in Florence, U.S. Marshal’s Service, and United States Attorney's Office for their assistance in this investigation. Let this serve as a reminder that we will aggressively investigate violent crime no matter where it occurs,” said FBI Denver Special Agent in Charge Michael Schneider.
The sentences were pronounced by U.S. District Court Judge Raymond P. Moore today, August 20, 2020. He was charged by indictment for the prison assault on October 24, 2018, and was charged with the second assault on January 3, 2019. He pled guilty to both assaults on September 27, 2019. Both cases were investigated by the Denver Division of the FBI. The defendant is being prosecuted by Assistant U.S. Attorneys Valeria Spencer and Aaron Teitlbaum.
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 18-cr-500 and 19-cr-0027.
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.
Cuban National Pleads Guilty to Conspiracy to Cultivate More Than 100 Marijuana PlantsRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that El Paso County resident Jose Carlos Garcia-Montero, age 34, a Cuban national and lawful permanent resident, pleaded guilty to conspiracy to cultivate more than 100 marijuana plants. The Denver Division of the DEA joined in today’s announcement.
Garcia-Montero was part of an organization that would purchase or rent residential properties in Colorado, establish marijuana grows, and help others with harvesting and preparing marijuana. Once cultivated, Garcia-Montero and others would then coordinate distribution of the processed marijuana to out of state buyers.
On March 1, 2017, law enforcement stopped Garcia-Montero’s vehicle in Missouri, finding $176,600 in the vehicle’s spare tire. It was then determined that the currency was proceeds from the sale of marijuana obtained through this conspiracy.
Following the car stop, in March and May of 2017, DEA agents executed search warrants at properties where Garcia-Montero was assisting, financially and physically, in cultivating marijuana grows for the eventual sale of processed marijuana. The searches include:
- On May 23, 2017, agents executed a search warrant in Yoder, Colorado. Agents found 171 marijuana plants.
- On March 3, 2017, agents executed a search warrant in Peyton, Colorado. Agents found 76 marijuana plants and 38 kilograms processed marijuana.
The guilty plea was entered before U.S. District Court Judge Raymond P. Moore on August 13, 2020. Garcia-Montero is one of seven individuals who have been charged with this conspiracy, and is the fifth to plead guilty. He was charged by indictment on May 23, 2019 and is scheduled to be sentenced on October 30, 2020. This case was investigated by the Colorado Springs Resident Agency 0f the Denver Division of the DEA. Local law enforcement, including the El Paso County SWAT team and the Colorado Springs Police Department, assisted with the execution of the search warrants. The defendant is being prosecuted by Assistant U.S. Attorneys Garreth Winstead and Brian M. Dunn.
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-256.
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 Sentenced to Prison for Gun and Drug CrimesRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Nicholas Meyers, age 26, of Denver, was sentenced to serve 136 months (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. The Denver ATF joined in today’s announcement.
According to court documents, including the government’s sentencing statement, from October 2016 to July 2017, 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. He engaged in this conduct despite a 2014 felony menacing conviction, which prohibited him from possessing firearms. Meyers received a total of $14,500 in revenue from these sales.
“Selling methamphetamine is bad enough, but selling methamphetamine and firearms is a dangerous combination,” said U.S. Attorney Jason Dunn. “The ATF was able to identify Mr. Meyers’ criminal behavior, and with my office was able to stop him from continuing to harm our community.”
“Nicholas Meyers is a convicted felon and used firearms to further his drug trafficking trade,” said ATF Special Agent in Charge David S. Booth. “The removal of criminals like Meyers from our communities is a top priority for ATF. ATF is committed to public safety and we are pleased this investigation assisted the United States Attorney’s Office in obtaining a successful prosecution and conviction.”
U.S. District Court Judge William J. Martinez pronounced the sentence today, August 14, 2020. Meyers was charged by indictment on April 4, 2019 and pleaded guilty on September 3, 2019. This case was investigated by the Denver ATF. The defendant was 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-149.
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.
El Paso County Man Sentenced to Federal Prison for Possession of Stolen MailRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Jeffrey Hermansen, age 37, of El Paso County, Colorado, was sentenced to serve 27 months in federal prison, followed by 3 years on supervised release, for possession of stolen mail. Hermansen appeared remotely in custody and was remanded at the hearing’s conclusion. The U.S. Postal Inspection Service joined in today’s announcement.
According to the stipulated facts in his plea agreement, on December 18, 2018, law enforcement found Hermansen in an El Paso County hotel room, taking him into custody based on an active warrant for a federal supervised release violation. While conducting a protective sweep of his hotel room, officers noticed a mail parcel addressed to an individual other than Hermansen. Police contacted that person and discovered that the package had been stolen while in the mail. With that information, officers obtained a search warrant for the hotel room, where they discovered 452 pieces of stolen mail, including stolen credit cards, gift cards and checks either from or addressed to 33 victims. The total loss for the stolen mail possessed by the defendant was approximately $24,257.00.
“The public must be able to rely on a safe and secure mail system,” said U.S. Attorney Jason Dunn. “ Hopefully others considering such crimes will see the serious penalties here and think again.”
“Postal Inspectors across Colorado are always ready to seek those who disrupt the safe passage of the U.S. Mail, and bring them to justice,” said Ruth M. Mendonça, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service. “We hope today’s sentence will serve as a deterrent to all mail thieves, proving they cannot hide from the diligent work of the U.S. Postal Inspection Service.”
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-487. The sentence was pronounced by Chief U.S. District Court Judge Phillip A. Brimmer. Hermansen was prosecuted by Assistant U.S. Attorney Brian M. Dunn.
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 Woman Sentenced for Making A False Statement When Buying A FirearmRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Cassidy Morgan Ahearn, age 19, of Boulder County, Colorado, was sentenced today to serve two years of probation, which includes 12 months of home detention, for making a false statement during the acquisition of a firearm. She appeared at the hearing remotely on bond. The Denver Field Division of the ATF joined in today’s announcement.
According to the stipulated facts in Ahearn’s plea agreement, on May 8, 2019, the defendant purchased a 5.56 caliber rifle from EZ Pawn in Northglenn, Colorado, which is a federally licensed firearms dealer. On the date of the purchase, Ahearn signed a Department of Justice, Bureau of Alcohol, Tobacco, Firearms, and Explosives Form, where she represented that she was the actual buyer of the firearm. In reality, the defendant bought the firearm for and at the request of a friend. The friend went inside the store with her. The defendant gave the firearm to the friend about a week after purchasing it. The firearm was later found at the scene of a homicide, although it was not used to commit the homicide.
“My office, working closely with the ATF, has an important responsibility to ensure that firearms are bought and possessed legally,” said U.S. Attorney Jason Dunn. “Lying on a form to purchase a firearm can result in a felony conviction and have other serious consequences, including jail time and loss of the right to possess a firearm in the future.”
“Lying on an ATF form in order to purchase a firearm is not just a paper crime. It arms individuals who are prohibited from possessing firearms and puts guns in the hands of criminals,” said ATF Special Agent in Charge David S. Booth. “ATF is committed to investigating federal firearms crimes like this one and we are pleased to assist the United States Attorney’s office in this successful prosecution.”
The sentence was pronounced by U.S. District Court Judge Christine M. Arguello today, August 12, 2020. Ahearn was charged by indictment on August 7, 2019, and pleaded guilty on January 15, 2020. The Denver Field Office of the ATF conducted this investigation. The defendant was prosecuted by Assistant U.S. Attorney Rajiv Mohan.
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.
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-355.
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 Montrose Residents Plead Guilty to Drug Distribution ChargesRead the Press Release
GRAND JUNCTION – United States Attorney Jason R. Dunn announced that Angelina Maestas and Naomi Vaughn, both of Montrose, Colorado, pleaded guilty to possession and distribution of methamphetamine and heroin. United States Magistrate Judge Gordon P. Gallagher heard the change of pleas late last week. Additionally, Maestas separately pleaded guilty to witness, victim or informant tampering. The Denver Division of the Drug Enforcement Administration joined in today’s announcement.
According to court documents, including the stipulated facts contained in the defendants’ plea agreements, Maestas and Vaughn 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 plea on the drug charge, Maestas also pleaded guilty to witness, victim or informant tampering. According to court records, Maestas 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.
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 defendants are being 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.
Colorado Springs Man Pleads Guilty to 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, pleaded guilty to threatening to murder federal law enforcement officers. Hummel made his initial appearance remotely while free on bond. His bond was continued at the hearing’s conclusion. 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 voicemails 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.
U.S. District Court Judge R. Brooke Jackson presided over the change of plea hearing today, August 10, 2020. Hummel was charged by indictment on March 11, 2020. He is scheduled to be sentenced on October 26, 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.
U.S. Attorney Jason Dunn Announces Nearly $1 Million Award to Provide Housing to Victims of Human Trafficking in ColoradoRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announces that the state received nearly $1 million from the Department of Justice’s Office of Justice Programs and its component, the Office for Victims of Crime, to provide safe, stable housing and appropriate services to victims of human trafficking.
“These resources are such an important extension of the work that our office and the Department of Justice are doing to fight human trafficking,” said U.S. Attorney Dunn. “We work tirelessly to find and prosecute human traffickers, but supporting survivors as they look to rebuild their lives with counseling, new housing, and new employment is equally as important.”
“Human trafficking is a barbaric criminal enterprise that subjects its victims to unspeakable cruelty and deprives them of the most basic of human needs, none more essential than a safe place to live,” said Attorney General William P. Barr. “Throughout this Administration, the Department of Justice has fought aggressively to bring human traffickers to justice and to deliver critical aid to trafficking survivors. These new resources, announced today, expand on our efforts to offer those who have suffered the shelter and support they need to begin a new and better life.”
The grant went to two organizations – Street’s Hope for $492,750 and Break Free Inc. for $499,993. They will provide six to 24 months of transitional or short-term housing assistance for trafficking victims, including rental, utilities or related expenses, such as security deposits and relocation costs. The grant will also provide funding for support needed to help victims locate permanent housing, secure employment, as well as occupational training and counseling. Street’s Hope and Break Free Inc. are among 73 organizations receiving more than $35 million in OVC grants to support housing services for human trafficking survivors.
“Human traffickers dangle the threat of homelessness over those they have entrapped, playing a ruthless game of psychological manipulation that victims are never in a position to win,” said OJP Principal Deputy Assistant Attorney General Katharine T. Sullivan. “These grants will empower survivors on their path to independence and a life of self-sufficiency and hope.”
Human trafficking offenses are among the most difficult crimes to identify, and the scope of human trafficking victimization may be much greater than the limited data reflect. A new report issued by the National Institute of Justice, another component of the Office of Justice Programs, found that the number of human trafficking cases captured in police reports may represent only a fraction of all such cases. Expanding housing and other services to trafficking victims remains a top Justice Department priority.
The Office for Victims of Crime, for example, hosted listening sessions and roundtable discussions with stakeholders in the field in 2018 and launched the Human Trafficking Capacity Building Center. From July 2018 through June 2019, 118 OVC human trafficking grantees reported serving 8,375 total clients including confirmed trafficking victims and individuals showing strong indicators of trafficking victimization.
For a complete list of individual award amounts and jurisdictions that will receive funding, visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/htvictimsfactheet.pdf
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The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. 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.
Boulder Man Pleads Guilty to Nearly $32 Million Bank Fraud SchemeRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced today that Michael Scott Leslie, age 57, of Boulder, Colorado, pleaded guilty to federal bank fraud and aggravated identity theft charges. Leslie appeared remotely on a $50,000 unsecured bond, which was continued at the hearing’s conclusion. 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 today’s 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.
Chief U.S. District Court Judge Philip A. Brimmer presided over the change of plea hearing today, July 31, 2020. Leslie 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.
Aurora Man Sentenced to 10 Years in Federal Prison for Possession of Child PornographyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Scott Lynn Garland, age 55, of Aurora, Colorado, was sentenced to serve 120 months (10 years) in federal prison followed by 5 years on supervised release for possession of child pornography. He was also ordered to pay $15,000 in restitution to identified victims. Garland appeared at the sentencing hearing in custody and was remanded at its conclusion. The Denver office of the FBI joined in this announcement.
Garland first came to the attention of law enforcement when the National Center for Missing and Exploited Children (NCMEC) received information from Internet Service Providers (ISPs) showing that accounts associated with Garland were involved in obtaining child pornography.
FBI agents conducting the subsequent investigation determined that Garland used a number of internet-based programs to communicate with others interested in child pornography. He also used these services to distribute and receive child pornography. Agents then obtained access to Garland’s online accounts as well as his personal devices. They reviewed the content and found child pornography depicting abuse of very young children.
In total, law enforcement determined that Garland possessed 1,917 still images and 843 video files of child pornography. Agents determined that he started his collection in approximately 2008.
The child pornography from Garland's devices was sent to NCMEC, which maintains a database of child pornography depicting identified child victims. NCMEC reported that 182 of the videos and 394 of the still images from Garland's collection reflect already identified child victims.
“Mr. Garland used images and videos of very young children with no regard for the carnage his actions caused,” said U.S. Attorney Jason Dunn. “While the facts of this case are extremely difficult to comprehend, it is important that parents know we’re working to protect their children, and that child predators know we are coming for them.”
“Today’s sentencing of Scott Garland demonstrates the FBI’s commitment to investigating cases of child sexual abuse material to protect our children from those who engage in this type of activity,” said FBI Denver Special Agent in Charge Michael Schneider. “The teamwork between our agents and law enforcement partners on the Child Exploitation and Human Trafficking Task Force ensured there is one less predator victimizing the most innocent and vulnerable members of our community.”
The sentence was pronounced by U.S. District Court Christine M. Arguello on July 29, 2020. Garland was charged by indictment on August 8, 2019, and pleaded guilty on December 19, 2019. The Denver office of the FBI and their Child Exploitation and Human Trafficking Task Force conducted this investigation. The defendant was prosecuted by Assistant U.S. Attorney Patricia W. Davies.
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-361.
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 Sentenced to Federal Prison for Six Bank RobberiesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Jenifer Adriana Lopez-Ramirez, age 22, of Denver, Colorado, was sentenced to serve 228 months (19 years) in federal prison for six bank robberies and use of a firearm during and in relation to crimes of violence. Following her prison term, Lopez-Ramirez will serve 3 years on supervised release. She was also ordered to pay restitution to the U.S. government as the banks were federally insured. Lopez-Ramirez appeared at the sentencing hearing in custody, and was remanded at its conclusion. The Denver office of the FBI joined in today’s announcement.
According to the stipulated facts contained in her plea agreement, on May 3, 2019, Lopez-Ramirez walked into the First Citizens Bank, located at 9848 Zenith Meridian Drive in Englewood, Colorado. She handed the teller a note demanding money, which she received.
Approximately an hour and a half later, also on May 3, 2019, Lopez-Ramirez robbed the UMB Bank, located at 8190 South University Boulevard in Centennial, Colorado. She walked into the bank and approached the teller. Lopez-Ramirez brandished a firearm resulting in the teller giving Lopez-Ramirez cash from the drawer.
On May 9, 2019, Lopez-Ramirez robbed First Bank, located at 8901 East Hampden Avenue in Denver, Colorado. Again, she approached the teller and handed him a note demanding money, which the teller provided.
Two days later, on May 11, 2019, Lopez-Ramirez robbed a Bellco Credit Union, located at 3890 North Quebec Street in Denver, Colorado. Lopez-Ramirez approached the teller and handed her a note. During the robbery she brandished a firearm located at her side. Lopez-Ramirez grew impatient and went behind the counter, taking cash out of the drawer. In doing so, she also took a GPS tracker.
As Lopez-Ramirez fled from the scene of the Bellco robbery in her vehicle, she was tracked by law enforcement using that GPS tracker. As she attempted to evade law enforcement she reached speeds of up to 100 mph. She then crashed into another vehicle, seriously injuring that driver. Lopez-Ramirez was subsequently arrested. The firearm used in this robbery was recovered from a juvenile who was in the car with Lopez-Ramirez and who had provided the weapon to her for the purpose of the robbery.
Lopez-Ramirez was released from Denver County Jail on May 20, 2019, on conditions that included wearing a GPS ankle monitor. On May 25, 2019, Lopez-Ramirez removed the ankle monitor and became a fugitive.
On June 4, 2019, Lopez-Ramirez robbed the Bank of the West, located at 1389 South Havana Street in Aurora, Colorado. Lopez-Ramirez received money from the teller and then fled with a GPS tracker, which she later discarded.
Six days later, on June 10, 2019, Lopez-Ramirez entered and robbed the TCF Bank located at 18520 Green Valley Boulevard in Denver, Colorado. She walked up to the teller and racked the slide of her gun. She demanded and received cash from the teller. She then fled the scene.
Lopez-Ramirez was arrested approximately ten days later on shoplifting charges, putting an end to her serial bank robberies.
“Lopez-Ramirez’s greed drove her to become a serial bank robber, and she continued her crime spree even after being arrested and released,” said U.S. Attorney Jason Dunn. “Her career as an armed bank robber is over, and she will now have almost two decades in federal prison to think about her actions.”
“Today’s sentencing of Jennifer Adriana Lopez-Ramirez reflects the continuing impact federal, state and local partnerships have on combatting those who commit serial bank robberies in our community,” said FBI Denver Special Agent in Charge Michael Schneider. “We will continue to aggressively investigate individuals that target our financial institutions and ensure they are held accountable. The FBI would like to thank the Denver, Aurora, and Littleton Police Departments, Arapahoe County Sheriff’s Office, Colorado Bureau of Investigation, as well as the United States Attorney’s Office, for their dedication and hard work on this investigation.”
The sentence was pronounced by U.S. District Court Judge Raymond P. Moore today, July 28, 2020. Ms. Lopez-Ramirez was charged by indictment on June 5, 2019, and pleaded guilty on February 4, 2020. This case was investigated by the Denver office of the FBI and the FBI’s Safe Streets Task Force, with substantial assistance from the Denver, Aurora, and Littleton Police Departments, Arapahoe County Sheriff’s Office, and the Colorado Bureau of Investigation. The defendant was prosecuted by Assistant U.S. Attorney Kurt J. Bohn.
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-0285.
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.
Kit Carson County Man Sentenced to Federal Prison for Illegally Entering the United StatesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Noel Quintana-Carbajal, age 47, who is a Mexican national illegally in the United States, was sentenced to serve 12 months and 1 day in federal prison for illegal reentry of a previously deported alien following a felony conviction. Quintana-Carbajal will be deported at the conclusion of his prison sentence. He was found in Kit Carson County Jail by immigration officers. U.S. Immigration and Customs Enforcement (ICE) and Removal Operations (ERO) joined in the announcement.
According to the stipulated facts contained in Quintana-Carbajal’s plea agreement, he is a native and citizen of Mexico without a claim to lawful immigration to the United States. He has been removed from the United States eight times, with his most recent removal taking place on May 12, 2015. The defendant did not seek or obtain permission to return lawfully to the United States. Nonetheless, he returned. Immigration officials encountered Quintana-Carbajal on January 27, 2020, while he was in custody at the Kit Carson County Jail in Burlington, Colorado. He was detained there on state charges.
Quintana-Carbajal was previously convicted in U.S. District Court in New Mexico for the offense of Illegal Reentry. He was sentenced to a term of 120 days in a U.S. Bureau of Prisons facility.
“There is a lawful process to enter the United States, said U.S. Attorney Jason Dunn. ”Quintana-Carbajal failed to follow that process not once, not even twice, but a total of eight times. His prison sentence and subsequent deportation should send a message that there are consequences for this illegal behavior.”
“As this case demonstrates, we will not allow criminal aliens who pose a threat to public safety to treat our border like a revolving door,” said John Fabbricatore, field office director, ERO Denver. “ICE is committed to using its immigration enforcement authority to ensure that our communities are protected from felons like Quintana-Carbajal who show no regard for our laws or our borders. ICE is pleased to be working closely with the U.S. Attorney to hold criminals like Quintana-Carbajal accountable.”
The sentence was pronounced by U.S. District Court Judge William J. Martinez on July 22, 2020. Quintana-Carbajal was charged by indictment on February 20, 2020, and pleaded guilty on May 13, 2020. This case was investigated by U.S. Immigration and Customs (ICE) Enforcement and Removal Operations (ERO). The defendant was prosecuted by Special Assistant U.S. Attorney Dorothy DiPascali.
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-0062.
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 U.S. Attorney Commemorates 30th Anniversary of the Americans with Disabilities ActRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that yesterday, Sunday, July 26, 2020, marked the 30th Anniversary of the Americans with Disabilities Act (the ADA), a critical civil rights law that aims to eliminate discrimination against people with disabilities.
The U.S. Attorney’s Office for the District of Colorado is proud to play a critical role in the Justice Department’s enforcement efforts under the ADA, which was signed into law on July 26, 1990, and is the nation’s preeminent civil rights law for providing access and equal opportunity for people with disabilities.
“By making sure that the talents and perspectives of individuals with disabilities are included in daily life, we are all made better,” said U.S. Attorney Jason Dunn. “I’m proud of the contributions that our office has made in enforcing the ADA so that the promise of this law -- and all our citizens -- can be fully realized.”
In recent years the U.S. Attorney’s Office has investigated and resolved a number of ADA cases, including:
- CITY OF TRINIDAD: In 2018, the Office entered into a settlement agreement with the City of Trinidad to improve accessibility to government programs and services. As part of Project Civic Access, an initiative by the Department of Justice’s Civil Rights Division, the City of Trinidad agreed to fix a wide range of government buildings to comply with the ADA’s physical accessibility requirements, to modify its programs and services to make them accessible for individuals with disabilities, and to provide auxiliary aids and services where necessary.
- LARIMER COUNTY SHERIFF’S OFFICE: In 2017, the Office entered into a settlement agreement with Larimer County Sheriff’s Office to provide effective communication for individuals who are deaf or hard of hearing. The agreement required the Sheriff’s Office to revise policies and procedures surrounding the provision of auxiliary aids and services, train its deputies, and to track its interactions with individuals who are deaf or hard of hearing.
- DENVER SHERIFF DEPARTMENT: In 2018, the Office, along with the Disability Rights Section of the Civil Rights Division, entered into a settlement agreement to compensate a Sheriff’s deputy with Type 1 diabetes who alleged that the Sheriff’s Department failed to provide reasonable accommodations for his disability, and retaliated against him when he complained.
- COLORADO RUSH SOCCER CLUB: Earlier this year, the Office entered into a settlement agreement with Colorado Rush Soccer Club to require the youth soccer organization to provide auxiliary aids and services for individuals who are deaf or hard of hearing. The club also paid nearly $6,000 to the family of a player who is deaf and alleged that Colorado Rush violated the ADA when it did not provide these services to the player.
- FRANCIS HEIGHTS SENIOR LIVING COMMUNITY: In 2019, the United States reached a settlement with Francis Heights Senior Housing, an apartment complex in Denver, to resolve allegations that the complex was inaccessible to persons with physical disabilities. The settlement required the complex owner, Mercy Housing Management Group, to make changes to physical features in common areas, including parking lots, bathrooms, and passageways.
- BBVA: In 2019, the Office executed a Letter of Resolution for BBVA, a national retail bank, to make its websites accessible to individuals with disabilities.
- ROCKY MOUNTAIN VIPASSANA ASSOCIATION: In 2018, the Office executed a Letter of Resolution where the Association agreed to provide individualized consideration for individuals with disabilities who apply to its meditation retreat.
- PIKE’S PEAK PREP: In 2018, the Office negotiated compensation for a family that alleged that the K-12 school had not provided reasonable modifications for their first-grade student with diabetes to eat food when necessary, and to receive diabetes medication.
The promise of the ADA is its wide-ranging efforts to eliminate disability discrimination across the range of services, programs, and activities that most Americans take for granted, but were largely inaccessible to individuals with disabilities prior to the law’s enactment. Whether in employment, areas of civic life, or in the day-to-day activities and access to goods and services that we all enjoy – the ADA ensures that individuals with disabilities enjoy the same opportunities as all Americans to participate in everything this nation has to offer.
Over the past 30 years, the United States has undertaken the challenge of changing perceptions about disability, tearing down barriers to equality, and altering the systems that have historically excluded people with disabilities. Today, the Justice Department commemorates the many ways that the ADA has transformed society—by replacing exclusion with access, segregation with integration, and limitations with self-determination.
For more information about the 30th Anniversary of the ADA, please visit www.ada.gov. To file a complaint with the Department, please visit the Civil Rights Division’s portal at https://civilrights.justice.gov/report/. For more information about the ADA, call the Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).
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 Real Story of Federal Agents in Portland (Op Ed)Read the Press Release
As the chief federal law enforcement official in Colorado, I have watched with keen interest what is happening in Portland, Oregon, regarding the use of federal law enforcement personnel. I have also followed closely the announcement this week by President Donald Trump and Attorney General William Barr that they will be sending law enforcement personnel into cities where violent crime has been skyrocketing.
Unfortunately, there has been a conflation of what is happening in Portland — protecting federal property — with the traditional crime-fighting initiatives the Department of Justice has engaged in for decades. The result has been widespread confusion about both. As Coloradans, we would be well-served to take a collective deep breath, tone down the rhetoric, and try to better understand both what has actually happened in Portland and what is actually being proposed elsewhere.
But first, let’s be clear about Colorado. As Colorado’s U.S. attorney, my job is to protect Coloradans by enforcing federal criminal law. I have spoken with our federal agency partners here, and we are all committed to ensuring that federal law enforcement activity in Colorado is conducted in a lawful manner, as it always has been. And while I am hopeful that the need for greater federal resources never arises, Colorado has my pledge that if such a need does arise, it will be done only in cooperation with the relevant state and local law enforcement agencies. As I often say, we have the gold standard of federal-state-local partnership here in Colorado. I intend to keep it that way.
Now, let’s talk about Portland. Over the past few weeks, lawful protests there have devolved into violent attacks on federal employees and the destruction of federal property. I have spoken with my counterpart there and he reports the widespread use of rocks, lasers, slingshots loaded with ball-bearings, explosives, and other methods to assault federal employees. There are also nightly attempts by rioters to storm federal buildings and destroy them. Unfortunately, the size and scale of the violence has so overwhelmed the men and women ordinarily tasked with protecting those employees and buildings that they have asked for help from Washington. In keeping with standard practice, personnel from other agencies came to assist.
In the last few days, there have been various allegations about the conduct of these agents, including charges that anonymous law enforcement officers are wandering the city, whisking away innocent citizens in unmarked vehicles to secret government locations for interrogation. Others allege instances of excessive use of force by officers staged around federal buildings.
While it is apparently true that those federal agents, like virtually all state and local police agencies, have used unmarked vehicles, the other claims are contradicted by the actual evidence on the ground. According to the head of the Customs and Border Patrol, all of their agents wear multiple insignia designating them as police or identifying their agency, and these agents have strict protocols limiting arrests to those engaging in direct violence against federal employees or federal property in and around the federal courthouse.
In fact, dozens of such arrests have been made. There is also no credible indication that federal agents have been more broadly wandering the streets of Portland looking for agitators or taking people anywhere other than back to the courthouse where all federal detainees are taken. And in the very small number of cases where agents have been accused of acting outside their authority, those incidents are being reviewed by the Inspector General for the respective agencies. Time and due process will tell if any laws or procedures were broken. If so, those responsible will be held accountable.
Those are the facts about Portland.
Next, there has been much discussion about the president’s and the attorney general’s announcement this week of Project LeGend, under which federal law enforcement resources and dollars will be targeted and deployed to those cities where violent crime (murders, armed robberies, bank robberies, etc.) has exploded in recent months. In Chicago, where 373 people have been murdered so far this year, the administration has pledged hundreds of agents from the FBI, ATF, DEA, and other agencies, as well as $9.3 million for the hiring of 75 local sheriff’s deputies. While the Chicago mayor originally opposed federal intervention, she now welcomes it after gaining a better understanding of the proposal.
In short, Project LeGend will help address the recent spike in violent crime occurring in many communities across our nation. That is very different than what is being done in Portland to protect federal employees and property. If done properly, both serve a valid purpose.
Nonetheless, many state and local officials in Colorado and elsewhere have incorrectly described the recent proposal as an effort to send in “paramilitary forces” (or even the military) to quash lawful demonstrations. Perhaps unintentionally, the media itself has exacerbated this misunderstanding: The New York Times, Wall Street Journal, and The Denver Post all ran headlines this week about the president’s proposal under a photograph of camouflaged and masked law enforcement personnel engaging demonstrators in Portland. Viewed together, this perpetuates the misperception about what is being proposed and heightens public anxiety.
Ultimately, bringing in law enforcement to areas that need support is a good thing, whether it be to defend public property or to help address the jump in violent crime across our nation. And as the U.S. attorney, you have my assurance that federal law enforcement in Colorado will continue to operate in accordance with the law, and will strive to work cooperatively with state and local authorities to make Colorado a safer and better place.
Jason Dunn currently serves as the United States attorney for the District of Colorado. He oversees the prosecution of all federal crimes and the litigation of all civil matters involving the United States government in Colorado.
Large-Scale Drug Trafficker Sentenced to 15 Years in Federal Prison for Drug and Gun Crimes as Well as Illegal Reentry into the United States After DeportationRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Carlos Eduardo Lopez-Romero, age 25, a Mexican national in the United States illegally, was sentenced to serve 180 months (15 years) in federal prison, followed by 5 years on supervised release, for methamphetamine and heroin trafficking, possession of a firearm while trafficking drugs, and unlawful reentry after a prior deportation. The Denver office of the Federal Bureau of Investigation (FBI) joined in today’s announcement.
According to the stipulated facts contained in Lopez-Romero’s plea agreement, the defendant and at least two other individuals frequently dealt large quantities of methamphetamine and heroin in Denver and Lakewood, Colorado. From November 2018 to February 2019, the defendant sold approximately five pounds of methamphetamine and one pound of heroin to a FBI confidential human source over the course of six transactions. A search of a storage unit which belonged to the defendant resulted in the seizure of an additional six pounds of methamphetamine, three pounds of heroin, two semiautomatic pistols, and ammunition.
The defendant is a native and citizen of Mexico, born in Tepic, Nayarit, Mexico. The defendant was removed from the United States on November 18, 2013, through San Isidro, California. Shortly after his removal, he knowingly reentered the United States near Tijuana, Mexico/San Diego, California, without receiving the consent of the proper legal authority to reapply for admission to the United States.
“Lopez-Romero came to the United States illegally just so he could become a drug trafficker to American citizens,” said U.S. Attorney Jason Dunn. “But the FBI caught on, and now he will spend 15 years in federal prison and face deportation after he pays his debt to society.”
“The FBI will continue to work closely with our federal, state, and local law enforcement partners to combat illegal drug trafficking throughout Colorado,” said FBI Denver Special Agent in Charge Michael Schneider. “Today’s lengthy sentence of Lopez-Romero should serve as a reminder to those who prey on our communities – this criminal activity will not be tolerated and those who participate will be brought to justice.”
Lopez-Romero was remanded into custody at the conclusion of his sentencing hearing. This prosecution was 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.
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-0097. The defendant was prosecuted by Assistant U.S. Attorney Peter McNeilly.
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.
Commerce City Resident Sentenced for Marijuana CultivationRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Zhiming Wang, age 26, a Chinese national and a lawful permanent residence of the U.S., was sentenced today to serve 14 months in federal prison, followed by 3 years on supervised release for maintaining a drug involved premises related to the cultivation of marijuana. The defendant lived in Commerce City, Colorado. The Denver Division of the DEA joined in today’s announcement.
According to the stipulated facts contained in Wang’s plea agreement, on January 31, 2019, agents with the DEA and partner law enforcement agencies, uncovered a marijuana grow with 809 marijuana plants in various stages of maturity after executing a search warrant at his Commerce City residence. Additionally, agents found approximately one-half pound of finished marijuana product in the residence.
It was determined that the defendant established the marijuana grow for the purpose of selling it for profit. Further investigation revealed that Mr. Wang resided at the Commerce City residence since November 2016. Electric power for the residence was subscribed to the defendant since November 1, 2016. Power usage records indicate that, during the time period from September 2017 to November 2018, the residence used between 2,505 kWh and 16,059 kWh per month, which was far in excess of the normal usage of between 500 kWh to 1,500 kWh for a residence. The power use revealed that the defendant was cultivating marijuana during a substantial number of months between September 2017 and November 2018.
“The cultivation of marijuana is a violation of federal law,” said U.S. Attorney Jason Dunn. “Mr. Wang grew marijuana in a residential neighborhood without concern for the consequences. He was caught and is now paying the price.”
“The case against Mr. Wang is yet another in a long list of examples of criminals using the Colorado state marijuana laws to hide their activities for profit,” said Special Agent in Charge Deanne L. Reuter. “DEA will continue to investigate and prosecute criminals and organizations who exploit conflicts between the law and take advantage of our communities.”
The prosecution of Mr. Wang 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)
He appeared at the sentencing hearing free on bond, and was ordered to report to a facility designated by the Bureau of Prisons by August 21, 2020.
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-195. Mr. Wang was prosecuted by Assistant U.S. Attorney Aaron M. Teitelbaum.
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 Developer Sentenced for Arson in Conjunction with Grove Street FireRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Michael Marte, age 55, of Denver, was sentenced today to serve 120 months (10 years) in federal prison followed by 3 years of supervised release for arson in connection with the fire at 1920 and 1930 Grove Street. He was also ordered to pay $2,894,443 in restitution to the victims of his crime. Marte appeared at the hearing in custody. He was remanded at the conclusion of the sentencing hearing. The Denver Division of the ATF and the Denver Fire Department joined in the announcement.
According to the stipulated facts contained in Marte’s plea agreement, starting in approximately May of 2017, the defendant was hired by an Australian real estate developer to oversee a substantial construction project in West Denver. The developer had purchased two residential lots for redevelopment on Grove Street. The project consisted of scrapping two single home residences and replacing them with two separate multi-unit buildings on each lot. Each building contained seven townhomes. Marte was paid an annual salary of $200,000 to supervise the construction. The project continued into early 2018, when both buildings were in the final phase, complete with roofing, siding, doors and windows. Interior finishing touches were still needed.
On May 10, 2018, the victim developer travelled to Denver from Australia for purposes of meeting with the defendant and inspecting the progress of the project. However, around 2:00 a.m. on May 10, 2018, while the developer was still on a plane to Denver, both buildings became engulfed in a fire which caused total destruction of both units. The loss was estimated at $4 million. The Denver Fire Department characterized the fire as a “three-alarm blaze” meaning it required approximately half of Denver’s Fire Department to extinguish it. They fought the fire for approximately 8 hours.
Denver Fire Investigators and ATF agents quickly suspected arson. One key piece of evidence was surveillance from a video doorbell camera, which was provided by a nearby resident. It showed a vehicle identical to the defendant’s driving into the area shortly before the blaze began. It also showed large billows of smoke and flames rising from the buildings. Another surveillance video showed a man of Marte’s description quickly walking away after the fire started. Investigators found clothes that had fire accelerant on them that were matched to the defendant through DNA.
The investigation also uncovered that during the construction the defendant purchased a $4 million insurance policy on the property with himself names as the beneficiary. Shortly after the fire he quickly attempted to obtain the insurance money. Those attempts failed.
“Mr. Marte thought he could steal $4,000,000 by igniting a fire that destroyed someone else’s property and put lives at risk,” said U.S. Attorney Jason Dunn. “But arson is a serious crime that has serious criminal consequences, as Mr. Marte has now discovered the hard way.”
“The collaborative effort between ATF, the Denver Fire Department and the United States Attorney’s Office lead to today’s sentence for Mr. Marte,” said Acting Denver ATF Special Agent in Charge Bradley Engelbert. “ATF will always work to bring violent criminals to justice and are proud of our partnerships across law enforcement and fire services. We are thankful that no firefighters were injured by Mr. Marte’s actions.”
“This very important accomplishment would not be possible without the hard work and dedication of numerous people,” said Fire Chief Todd Bower. “I would personally like to thank the members of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Department of Justice who all have worked in a collaborative partnership with the Fire Investigators from the Denver Fire Department to secure this conviction.”
The sentence was pronounced by U.S. District Court Judge William J. Martinez. Marte was charged by indictment on January 6, 2018, and pleaded guilty on November 25, 2019. This case was investigated by the Denver Division of the ATF and the Denver Fire Department. The defendant was prosecuted by Assistant U.S. Attorney Tim Neff.
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 18-cr-00573.
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 County Woman Sentenced to Federal Prison for Stealing More Than $429,000 from Federal GovernmentRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced today that Kathleen McCalib, age 52, of Boulder, was sentenced to serve 8 months in federal prison, followed by 3 years on supervised release for theft of government funds. McCalib was also ordered to pay $429,000 in restitution to her victims. She appeared at the sentencing hearing free on bond, and was ordered to report to a facility designated by the U.S. Bureau of Prisons. The Offices of the Inspector General for both the Social Security Administration and the Office of Personnel Management joined in today’s announcement.
According to the stipulated facts contained in the plea agreement, McCalib’s father died in late 2006. At the time he died, he was receiving both Social Security retirement benefits and a civil service retirement pension from his time as a federal employee. The federal government was not informed of his death, so these payments continued to be deposited each month into a joint account that McCalib held with her father. For about the next twelve years, McCalib continued to spend these funds, frequently forged her deceased father’s signature on checks, including large checks to herself that she wrote, and then endorsed on the back with her own signature. She occasionally paid a home mortgage from the account. By the time law enforcement caught up with her, McCalib had taken and spent $429,454.46 in federal government money to which she was not entitled.
“Ms. McCalib stole from taxpayers by cashing electronic checks issued to her deceased father,” said U.S. Attorney Jason Dunn. “Now she will have the opportunity to repay that theft with not only her money, but with her time in a federal prison.”
“The theft of Government funds is a Federal crime that directly impacts the American taxpayer,” said Norbert E. Vint, Deputy Inspector General, performing the duties of the Inspector General, Office of Personnel Management. “This sentencing is an important step toward restoring the financial integrity of the retirement program and the trust fund.”
“For over a dozen years, Ms. McCalib failed to report her father’s death, and instead took over $74,000 in Social Security benefits knowing that it was not her money and intending to put it to her own use. The Social Security Administration (SSA) Office of the Inspector General (OIG) will continue to work closely with SSA and other agencies to identify those who misuse benefits after someone dies,” said Gail S. Ennis, Inspector General of Social Security. “I want to thank the Office of Personnel Management OIG for its efforts in investigating this case, and the United States Attorney’s Office’s for bringing this individual to justice.”
McCalib was charged by Information on December 19, 2019. Her guilty plea was entered on January 14, 2020. She was sentenced by U.S. District Court Judge Raymond P. Moore.
This case was jointly investigated by the Inspector General offices of both the Office of Personnel Management and the Social Security Administration. The sentencing was handled by Assistant U.S. Attorney Bryan D. Fields.
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-532.
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 Sentenced to Federal Prison for Conspiracy to Distribute and Possession with Intent to Distribute MethamphetamineRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Luis Enrique Delgado-Arvizu, age 32, of Denver, was sentenced late last week to serve 150 months (over 12 years) in federal prison, followed by 5 years on supervised release for his role as an organizer-supervisor of a large methamphetamine distribution organization that shipped hundreds of pounds of methamphetamine to the Denver area. The Denver Division of the DEA joined in the announcement.
In July 2015, DEA OCDETF Strike Force Group-1 initiated an investigation into the drug trafficking activities of two methamphetamine trafficking organizations, the first led by convicted defendant Cesar Paul Cansino-Obeso and the second led by fugitive Isaias Campos-Rutiaga. Both organizations imported multi-pound quantities of methamphetamine from Mexico into the United States. The drugs were transported by drug trafficking organization couriers from California to three Denver-based distributors working for Campos-Rutiaga, one of whom was Delgado-Arvizu. On a monthly basis, Delgado-Arvizu received 60-to-100 pounds of methamphetamine from Campos-Rutiago, which Delgado-Arvizu then distributed to customers throughout the metro area.
Delgado-Arvizu was arrested in possession of 22 pounds of methamphetamine and $60,571.41 in currency. During the investigation, the strike force seized 126 pounds of methamphetamine (four of which were mixed with fentanyl), 4 guns and $120,000.
“The work in this case disrupted a major drug trafficking operation and took a significant dealer off Colorado’s streets,” said U.S. Attorney Jason Dunn. “Together with our law enforcement partners, we were able to stop a major supplier of methamphetamine from poisoning our communities further.”
“The specific mission of the DEA Denver Field Division’s StrikeForce Group is to target and dismantle trans-national drug trafficking organizations operating in the Rocky Mountain Region and beyond. Mr. Delgado-Arizu was a member of a drug trafficking organization responsible for the distribution of significant amounts of methamphetamine along the Front Range,” said DEA Special Agent in Charge Deanne Reuter. “This investigation is an example of DEA’s commitment to the protection our communities by working alongside our state, federal and local law enforcement partners to identify the most significant threats to the public safety.”
U.S. District Court Judge Raymond P. Moore sentenced Delgao-Arvizu, noting during the sentencing that although this was the defendant’s first offense of any kind, the amount of drugs distributed by the defendant warranted the twelve-year sentence.
Delgado-Arvizu was prosecuted by Assistant United States Attorney Stephanie Podolak as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program. The Colorado Attorney General’s Office assisted with this matter. 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.
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 18-cr-192.
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.
Multi-State Drug Trafficker Pleads Guilty to Distributing Methamphetamine and Heroin and Illegal Reentry After DeportationRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Arturo David Aguilera-Viveros, age 36, of Adams County, Colorado, pleaded guilty yesterday to Conspiracy to Distribute and Possess with Intent to Distribute 500 Grams or More of Methamphetamine and 100 Grams or More of Heroin, as well as Illegal Reentry After Deportation. The Denver Office of the FBI joined in this announcement.
Aguilera-Viveros was originally charged in U.S. District Court for the District of Colorado for his role in a conspiracy to distribute methamphetamine and heroin. He was subsequently charged in the U.S. District Court for the District of Wyoming for his role in a separate conspiracy which sent large quantities of methamphetamine from Colorado into Wyoming. As part of his plea agreement in the Colorado case, Aguilera-Viveros agreed to transfer his Wyoming case to Colorado to enter a plea of guilty and be sentenced.
According to the stipulated facts contained in his plea agreements, Aguilera-Viveros admitted he was a manager or supervisor of criminal activity which involved five or more participants. Law enforcement determined that his drug trafficking activities in the Colorado case involved approximately three kilograms of near-pure methamphetamine and 200 grams of black tar heroin. He also admitted that his drug trafficking activities in the Wyoming case involved approximately 20 pounds of methamphetamine.
Aguilera-Viveros is a citizen and national of Mexico. On February 20, 2014, he was convicted in the District Court of Arapahoe County, Colorado, of the offense of Possession of a Controlled Substance with the Intent to Distribute for which he was sentenced to 6 years in the Colorado Department of Corrections. Aguilera-Viveros was removed from the United States to Mexico on September 7, 2017. On April 4, 2019, at the conclusion of the investigation which uncovered his most recent drug trafficking activities, law enforcement officers arrested Aguilera-Viveros during a search of his residence in Aurora, Colorado. The defendant did not apply for admission or otherwise seek approval to reenter the United States before doing so.
This case was investigated by the FBI-led Organized Crime and Drug Enforcement Task Force (OCDETF), including the Internal Revenue Service (IRS), Homeland Security Investigations (HSI), Immigration and Customs Enforcement-Enforcement Removal Operations (ICE-ERO), and Douglas County Sheriff’s Office. Aguilera-Viveros was prosecuted by Assistant United States Attorney Peter McNeilly. The office of Wyoming U.S. Attorney Mark A. Klaassen participated in the investigation into Aguilera-Viveros and agreed to transfer the case to Colorado for resolution.
The guilty plea was presented to U.S. District Court Judge Raymond P. Moore. Aguilera-Viveros is scheduled to be sentenced by Judge Moore on September 24, 2020.
This case was prosecuted as 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.
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-275 and 20-cr-105.
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.
Mountain Village Man Pleads Guilty to Possession of Child PornographyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Jason Van Hoesen, age 46, of Mountain Village, Colorado, near Telluride, Colorado, pleaded guilty earlier this week to the possession of child pornography. Investigators recovered more than 10,500 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 Colorado Springs Police Department 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.
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. According to the plea agreement, Van Hoesen has agreed to pay restitution to 20 minor victims who requested restitution.
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 change of plea was conducted before U.S. Magistrate Judge James M. Candelaria and is pending acceptance by U.S. District Court Judge Robert E. Blackburn. Van Hoesen’s sentencing hearing is tentatively set for October 5, 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-0208.
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.
Littleton Woman Sentenced for Selling Fraudulently Obtained Items on eBay and Not Declaring Income with the IRSRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Kristin Martin, age 39, of Littleton, Colorado, was sentenced to serve 33 months in federal prison followed by 3 years of supervised release for mail fraud and tax evasion related to selling fraudulently obtained items on eBay. Martin was also ordered to pay $872,337.68 in restitution for the fraud to her former employer and $161,864 to the IRS for the tax evasion.
The Denver Division of the FBI, the IRS—Criminal Investigation, and the United States Postal Inspection Service joined in this announcement.
According to the information and the stipulated facts contained in the plea agreement, Martin worked as an executive assistant for her employer. She was provided with a unique identification and password to purchase supplies from Staples. Her company used various cost centers to track internal expenses, and ordinarily an employee could only designate the cost center affiliated with the specific department they worked in when ordering items through the Staples website. However, if an employee transferred positions or responsibilities, the employee obtained access to a new cost center without losing access to the prior assignment’s cost center.
Between January 2013 and December 2016, Martin used her identification and password to fraudulently order unauthorized items such as I-Pads, Apple TVs, Kindles, and other items which she kept and then resold on eBay for her own profit. These fraudulent purchases caused a loss of $864,441.11 to her employer. Martin was able to facilitate this scheme by intentionally assigning the fraudulent purchases to 23 different cost centers so each one would be less likely to notice the fraudulent charges. Martin also used her company’s Federal Express account to ship the fraudulently purchased items to her buyers.
Over the course of this scheme, Martin received at least $571,725.61 from the resale of the fraudulently ordered items. Martin did not provide her personal accountant with information regarding the online sales until she received a notice of additional income from the IRS. At that time, she provided her accountant false information regarding the cost of goods sold and other expenses she did not incur in order to significantly reduce her income tax liability. Based on this false information, her accountant then prepared a false and fraudulent 2014 amended tax return that was filed with the IRS.
“Ms. Martin not only stole from her employer, she stole from all of us as taxpayers” said U.S. Attorney Jason Dunn. “Thanks to the FBI, IRS-CI, USPIS and the team in my office, she was caught and will now have time in a federal prison to contemplate the harm that this type of behavior does.”
“Even when confronted with additional income generated from her theft, Kristen Martin chose to falsify information to limit her tax liability at the expense of American taxpayers,” said IRS-Criminal Investigation Special Agent in Charge Andy Tsui. “Now Martin will reap the reward of defrauding her employer and the public by serving time in prison.”
“Ms. Martin's sentencing should illustrate the FBI and our partners will aggressively investigate those criminals who take advantage of unsuspecting victims in order to enrich themselves,” said FBI Denver Special Agent in Charge Michael Schneider. “We are thankful to our partners at the U.S. Attorney's Office, Internal Revenue Service, and USPIS for their diligence and hard work in this investigation.”
“This is a great example of a joint investigation in which the financial footprint of this defendant bore an opportunity for multiple federal law enforcement agencies to bring their collective investigative strengths together for a successful prosecution,” said Ruth M. Mendonça, U.S. Postal Inspector in Charge of the Denver Division. “Postal Inspectors have been investigating mail fraud since the law’s inception in 1872, and we will never relent in our search for justice for fraud victims,” Mendonça said.
This case was investigated by Internal Revenue Service – Criminal Investigation, the Denver Division of the FBI, and the United States Postal Inspection Service. The case was prosecuted by Assistant United States Attorney Pegeen Rhyne.
The sentence was pronounced by U.S. District Court Judge Christine M. Arguello. Martin was charged by Information on January 14, 2020, and pleaded guilty to the charges on March 5, 2020.
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-0016.
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 Pleads Guilty to Smuggling Gun Parts Out of the United States and Possessing Unregistered FirearmsRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Michael John Suppes, age 46, of Weld County, Colorado, pleaded guilty earlier this week to smuggling gun parts out of the United States and possessing unregistered firearms. Homeland Security Investigations (HSI) joined in this announcement.
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. The defendant 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.
Suppes also 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.
He faces not more than 10 years in federal prison, followed by up to 3 years on supervised release. He also faces up to a $250,000 fine.
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.
The Department of Justice Warns of Inaccurate Flyers and Postings Regarding the Use of Face Masks and the Americans with Disability ActRead the Press Release
DENVER – United States Attorney Jason R. Dunn and Assistant Attorney General for the Civil Rights Division Eric Dreiband reiterated today that cards and other documents bearing the Department of Justice seal and claiming that individuals are exempt from face mask requirements are fraudulent.
Inaccurate flyers or other postings have been circulating on the web and via social media channels regarding the use of face masks and the Americans with Disabilities Act (ADA) due to the COVID-19 pandemic. Many of these notices included use of the Department of Justice seal and ADA phone number.
As the Department has stated in a previous alert, the Department did not issue and does not endorse them in any way. The public should not rely on the information contained in these postings.
The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.
The public can visit ADA.gov or call the ADA Information Line at 800-514-0301 (voice) and 800-514-0383 (TTY) for more information.
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.
Joint Statement of the Colorado U.S. Attorney's Office, Department of Justice Civil Rights Division, and the Denver Division of the FBI Regarding the Death of Elijah McClainRead the Press Release
DENVER – The following statement has been issued by the U.S. Attorney’s Office for the District of Colorado, the Department of Justice’s Civil Rights Division, and the Denver Division of the FBI:
“The standard practice of the Department of Justice is to not discuss the existence or progress of ongoing investigations. However, there are specific cases in which doing so is warranted if such information is in the best interest of the public and public safety. Recent attention on the death of Elijah McClain warrants such disclosure.
“The FBI - Denver Division and the U.S. Attorney’s Office for the District of Colorado began reviewing the facts for a potential federal civil rights investigation in 2019. In addition, the Department of Justice’s Civil Rights Division has been notified and has been involved in this review. The matter is ongoing, and we are in the process of gathering additional evidence from the Aurora Police Department and other parties. To date, the City of Aurora has been cooperating.
“We are also aware of recent media reports about Aurora police officers being placed on administrative leave pending an internal investigation into a photograph in which those officers appeared. We are gathering further information about that incident to determine whether a federal civil rights investigation is warranted.
“We will have no further comment until both of those reviews are completed.”
Former Colorado Judge Pleads Guilty to Obstructing Task Force Investigation of a Drug Trafficking OrganizationRead the Press Release
A former Colorado judge pleaded guilty today to obstructing a federal task force investigation of a large-scale drug trafficking organization.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Jason R. Dunn of the District of Colorado and Special Agent in Charge Michael Schneider of the FBI’s Denver Field Office made the announcement.
Ryan Kamada, 41, of Windsor, Colorado, pleaded guilty to one count of obstruction of proceedings before a department or agency of the United States before U.S. District Judge William J. Martinez of the District of Colorado. A sentencing hearing is scheduled for Dec. 4, 2020, before Judge Martinez.
According to admissions Kamada made in connection with his guilty plea, beginning in or around October 2018, a federal task force was investigating an international drug trafficking organization that was distributing large quantities of cocaine throughout northern Colorado. One of the members of the organization was a drug trafficker who lived in Greeley, Colorado. Kamada had known the drug trafficker since high school.
Beginning in January 2019, Kamada served as a District Court judge of the 19th Judicial District of Colorado. While serving as the “on call” judge one evening in April 2019, Kamada received a phone call from a task force officer who was seeking a search warrant related to the investigation into the drug trafficker. The task force officer pointed out to Kamada that he was associated with the drug trafficker on social media. As a result, Kamada recused himself from the case. But early the next morning, Kamada called his best friend, Geoffrey Chacon, who had also known the drug trafficker since childhood. Kamada told Chacon that law enforcement was “watching” the drug trafficker’s house, car and phone, and instructed Chacon to “stay away” from the drug trafficker. Chacon subsequently informed the drug trafficker about the warrant and Chacon modified his own behavior in order to avoid law enforcement attention.
The information that Chacon provided to the drug trafficker also caused the drug trafficker to change his pattern of conduct and substantially interfered with the task force’s investigation. After Chacon relayed the information that he received from Kamada to the drug trafficker, Chacon destroyed records of his communications with the drug trafficker in order to impair efforts by law enforcement to tie Chacon to the drug trafficker. In November 2019, Chacon pleaded guilty in federal court to one count of destruction of records with the intent to obstruct a federal investigation.
The FBI’s Denver Field Office is investigating the case, with substantial assistance from the Greeley Police Department. Trial Attorney John Taddei of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Bryan Fields of the District of Colorado are prosecuting the case.
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 Judge Pleads Guilty to Obstructing Task Force Investigation into Large-Scale Cocaine Trafficking OrganizationRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced today that a former Colorado state district court judge, Ryan Kamada, age 41, of Windsor, Colorado, pleaded guilty to obstructing a federal task force investigation of a large-scale cocaine trafficking organization. Kamada learned about the investigation in his official capacity as a judge and then disclosed details of the investigation to a friend, who then tipped off the target individual.
Joining U.S. Attorney Dunn in this announcement is Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and Special Agent in Charge Michael Schneider of the FBI’s Denver Field Office.
Kamada pleaded guilty to one count of obstruction of proceedings before a department or agency of the United States. The plea was entered before U.S. District Judge William J. Martinez. A sentencing hearing is scheduled for December 4, 2020.
According to the stipulated facts contained in the plea agreement, beginning in or around October 2018, a federal task force was investigating a drug trafficking organization that was distributing large quantities of cocaine throughout northern Colorado. One of the members of the organization was a drug trafficker who lived in Greeley, Colorado. Kamada had known the drug trafficker since high school.
Beginning in January 2019, Kamada served as a District Court Judge of the 19th Judicial District of Colorado. While serving as the “on call” judge one evening in April 2019, Kamada received a phone call from a task force officer who was seeking a search warrant related to the investigation into the drug trafficker. The task force officer pointed out to Kamada that he was associated with the drug trafficker on social media. As a result, Kamada recused himself from the case. But early the next morning, Kamada called his best friend, Geoffrey Chacon, who had also known the drug trafficker since childhood. Kamada told Chacon that law enforcement was “watching” the drug trafficker’s house, car and phone, and instructed Chacon to “stay away” from the drug trafficker. Chacon subsequently informed the drug trafficker about the warrant and modified Chacon’s own behavior in order to avoid law enforcement attention.
The information that Chacon provided to the drug trafficker also caused the drug trafficker to change his pattern of conduct and substantially interfered with the task force’s investigation. After Chacon relayed the information that he received from the judge to the drug trafficker, Chacon destroyed records of his communications with the drug trafficker in order to impair efforts by law enforcement to tie Chacon to the drug trafficker. In November 2019, Chacon pleaded guilty in federal court to one count of destruction of records with the intent to obstruct a federal investigation.
The FBI’s Denver Field Office is investigating the case, with substantial assistance from the Greeley Police Department. Assistant U.S. Attorney Bryan Fields of the District of Colorado and Trial Attorney John Taddei of the Criminal Division’s Public Integrity Section (PIN) are prosecuting the case.
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-174.
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.
Five Defendants Sentenced for Marriage/Immigration SchemeRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that five defendants have been sentenced this week for conspiracy to commit marriage fraud and making false statements regarding that fraud to the government. Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services (USCIS), and Army Criminal Investigations Division (Army CID), joined in the announcement.
Those sentenced this week were:
- Sergeant Galima Murry, age 29, was sentenced to serve 8 months in federal prison, followed by 2 years on supervised release.
- Diann Ramcharan, age 37, was sentenced to serve 4 months in federal prison, followed by 2 years on supervised release.
- Rajesh Ramcharan, age 45, was sentenced to serve 3 months in federal prison, followed by 2 years on supervised release.
- Pastor Ken Harvell, age 60, was sentenced to serve 3 years of probation with the first 4 months in home confinement.
- Angelica Guevara, age 31, was sentenced to serve 1 year of probation.
According to facts established at trial, the purpose of the conspiracy was to obtain immigration benefits for Rajesh Ramcharan, Diann Ramcharan, and one of their minor children. The Ramcharans, a married couple, came to the United States from Trinidad & Tobago on visitor visas in 2007. They overstayed their visitor visas and settled in Colorado. They then devised a scheme to defeat United States immigration laws and stay in the country illegally.
The scheme had several steps. First, in 2010, the couple was married by Pastor Ken Harvell, who signed a marriage certificate for the Ramcharans. The couple then filed for a divorce. Five days after that divorce was finalized, Pastor Harvell signed a new marriage certificate for Diann Ramcharan and Sergeant Galima Murry. Sergeant Murry is a citizen of the United States and at the time was a soldier at Fort Carson. Diann Ramcharan and Sergeant Murry entered into this marriage for the purpose of evading immigration laws and enabling Diann Ramcharan to stay in the United States. In addition, Sergeant Murry separately obtained military benefits by claiming to be married to Diann Ramcharan. Several years later, in 2015, Rajesh Ramcharan entered into a marriage with Angelica Guevara, who also is a citizen of the United States. Pastor Harvell, whom the jury found knowingly and voluntarily participated in the conspiracy, also signed the marriage certificate between Guevara and Rajesh Ramcharan. During the time of both the Ramcharans’ fraudulent marriages to Murry and Guevara, the Ramcharans lived with each other and otherwise presented themselves to the world as a married couple.
“We have legitimate and legal processes for becoming a citizen of this country that we expect everyone to follow,” said U.S. Attorney Jason Dunn. “Thousands upon thousands of people do so every year, but these individuals tried to illegally shortcut that process for their own benefit and greed, and as a result will now pay a steep price.”
Each defendant was also convicted for their involvement in the submission of at least one false statement to U.S. immigration authorities as part of the Ramcharans’ attempts to gain lawful immigration status in the United States. Guevara pleaded guilty to the conspiracy and testified at trial about the marriage fraud scheme.
Four of the five defendants were earlier found guilty following a nine-day jury trial, with the guilty verdicts announced on January 16, 2020. The fifth defendant pleaded guilty. The trial and sentencings hearings were conducted by U.S. District Court Judge David M. Ebel.
The defendants were prosecuted by Assistant U.S. Attorneys Daniel McIntyre and Assistant U.S. Attorney Emily Treaster. This case was investigated by Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services (USCIS), and Army Criminal Investigations Division (CID), with assistance from 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 by searching for Case Number 19-cr-154.
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 Pleads Guilty to Possession with Intent to Distribute OxycodoneRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Connie Gill, age 41, of Pueblo, pleaded guilty to possession with intent to distribute Oxycodone. The defendant 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, the defendant and others would divide the pills. In some cases, the defendant paid the other individuals in cash upon receiving the pills.
On February 27, 2019, a confidential informant arranged to purchase methamphetamine from the defendant at her hotel room in Pueblo. The informant purchased 3.06 grams of methamphetamine from the defendant. That same day, Pueblo Police officers executed a search warrant for the defendant'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 the defendant created but were not yet filled, the defendant either possessed with the intent to distribute or intended to possess with the intent to distribute at least 16.8 grams of Oxycodone.
Gill faces not more than 20 years in federal prison, and up to a $1,000,000 fine.
The defendant was indicted by a federal grand jury on November 21, 2019. She was then charged by information and pleaded guilty on June 23, 2020. Gill is scheduled to be sentenced on November 13, 2020. U.S. District Judge William J. Martinez presided over the change of plea hearing.
This case was investigated by the Denver Division of the DEA. The defendant 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.
Denver CPA Sentenced for Conspiracy to Defraud Xcel Energy and the IRSRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Stephen Yobst, age 64, of Denver, Colorado was sentenced by U.S. District Court Judge R. Brooke Jackson to serve 27 months in federal prison followed by 3 years of supervised release for wire fraud, conspiracy to defraud the United States, filing false tax returns and theft of government funds. Yobst was also ordered to pay restitution totaling $1,167,273.42, with $806,216 going to Xcel Energy and $361,057.42 going to the Internal Revenue Service.
According to the information and plea agreement, in 2005, Yobst was employed by Xcel Energy with the title of “Category Manager, Sourcing and Purchasing”. Yobst’s co-conspirator, James Brittain, incorporated a company called Pacific Exchange Group, Inc. (PEG) in Colorado in March 2005. On March 18, 2005, Yobst opened a Vectra Bank account representing himself as the “President” of PEG. Brittain was added as an authorized signatory in November 2005. In December 2006, PEG entered into a Master Exchange Agreement (MEA) contract with Xcel designed to allow Xcel to postpone paying taxes on gains from the sale of certain assets if the sales were reinvested in similar property as permitted by the Internal Revenue Code.
Yobst participated in the MEA contract negotiations as an officer on behalf of Xcel while Brittain represented PEG. As part of the agreement, Xcel would deposit the proceeds from disposing Xcel’s transformers and fleet vehicles and hold the funds until directed by Xcel to distribute them for the purchase of replacement assets. Xcel agreed to pay PEG 5% commission on the sale price for vehicles and a 12% commission for transformers. Additionally, with Xcel’s prior approval, PEG could be reimbursed for out-of-pocket expenses for “professional legal and tax services and other expenses”.
Beginning in 2005 and continuing through approximately May 14, 2015, Yobst and Brittain worked together to divert, use and convert funds for their own personal benefit without Xcel’s authorization. The diversion of funds included withdrawals from the PEG account to a Scottrade Account for $400,000, which were used by Yobst and Brittain to conduct stock transactions and other investment activities; $363,966 in payments to American Express for Yobst’s personal expenditures; and Yobst wiring $42,250 to an automotive dealer to purchase a 2011 Honda Pilot.
Yobst and Brittain purposely concealed Yobst’s involvement in PEG and failed to provide Xcel with a detailed accounting of the exchange funds deposited or copies of PEG’s Vectra Bank account statements. Xcel filed a civil suit in September 2014 seeking an accounting of all exchange funds in the PEG bank account and the return of unspent funds. Brittain and Yobst provided false and misleading information in connection with the litigation.
Additionally, between March 2011 and October 2014, acting as PEG’s accountant, Yobst transferred $10,500 monthly from the PEG bank account to an account Yobst personally controlled. Yobst mischaracterized the transfers as “ACH Offsets” to an entity labelled “Havfund” when in fact they were personal income payments from PEG to Yobst. Also, during this time, Yobst used a PEG American Express credit card for personal expenditures, including golf supplies, leisure travel, cigars, and other items. Finally, in 2015, Yobst obtained accumulated disbursements totaling $1,324,644. Yobst filed personal federal income tax returns which did not reflect the PEG income or taxes due for these disbursements.
“The defendant not only created and operated a complex scheme to steal from his employer, he stole from all of us as taxpayers,” said U.S. Attorney Jason Dunn. “Thanks to the great work of IRS - Criminal Investigation, the FBI, and the team in my office, he’s going to have time in a federal prison to think about his conduct.”
“IRS Criminal Investigation’s primary focus is the nation’s tax laws, however schemes like this not only involve our primary mission but also allows us to focus our abilities to unravel complex financial schemes,” said Andy Tsui, Special Agent in Charge, IRS CI Denver Field Office. “Our agents are uniquely qualified to follow the money in cases such as this because the victims are not only the taxpayers, but also individuals and entities who suffer the financial harm.”
“Today's sentencing of Stephen Yobst illustrates the FBI's commitment to identify and arrest anyone who participates in defrauding corporate and government institutions,” said FBI Denver Special Agent in Charge Michael Schneider. “Yobst’s sentencing comes as a result of the dedicated and tireless efforts of agents, analysts, and prosecutors committed to holding those accountable who deliberately compromise the integrity of their position for personal gain.”
Brittain was sentenced on June 21, 2019, to serve 12 months and 1 day in prison followed by 3 years of supervised release for wire fraud, aiding and abetting, and conspiracy to defraud the United States. Brittain was also ordered to pay restitution to Great American Insurance Company in the amount of $806,216 and to the Internal Revenue Service in the amount of $215,094.
Yobst pled guilty on September 3, 2019 to an information filed on June 26, 2019. He was sentenced on June 15, 2020.
This case was investigated by Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Tim Neff.
Colorado Springs Man Sentenced to Federal Prison for Firearm and Drug Distribution CrimesRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that Bjoern Rene Pacot, age 30, of Colorado Springs, was sentenced to serve 130 months (over 10 years) in federal prison, followed by 3 years on supervised release for possession of a firearm in furtherance of a drug trafficking crime as well as possession with intent to distribute methamphetamine and heroin. The sentence was pronounced by Chief U.S. District Judge Philip Brimmer. The defendant appeared at the sentencing hearing remotely in custody and 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 the defendant’s plea agreement, on January 24, 2019, the Colorado Springs Police Department (CSPD) received a call about a suspicious truck and trailer parked at Sportsman's Warehouse in Colorado Springs, blocking traffic. Officers arrived and the defendant, who was in the driver’s seat, and a passenger were sleeping in the truck. The truck and trailer were stolen. Officers approached the vehicle to wake the parties. They told the defendant to open the door. The defendant refused to get out, resisted officers, and attempted to drive away. Officers immediately noticed that the defendant had a holstered 9mm handgun on his hip. After a brief struggle with police, the defendant was arrested.
Police searched the defendant and the stolen truck, and found:
- A 9mm handgun with 15 rounds in the magazine and one round in the chamber, $848 in cash, and a black mask, all on the defendant's person;
- Methamphetamine and heroin, with some of the heroin in a lock box on the driver's side floorboard;
- Methamphetamine in a container and in a small plastic bag in the center console;
- Plastic baggies on the passenger side floor;
- Digital scales;
- A 9mm long rifle with laser sight and 15 rounds found in the magazine under the rear seat of the truck, but within reach of the driver seat.
In total, police found approximately 22 grams of heroin and 26.4 grams of methamphetamine in the stolen vehicle. The 9mm handgun on defendant's hip was previously stolen in a burglary. Cell phone records from phones and a tablet found in the vehicle revealed text conversations where the defendant discussed possessing guns and selling narcotics. The defendant also discussed previously selling narcotics in post-arrest jail visitations. The narcotics were tested and it was determined that the methamphetamine was at least 97% pure.
On August 5, 2019, while Pacot was on bond for the January 24, 2019 matter, CSPD officers contacted him at an address regarding a stolen motorcycle. The homeowner allowed the officers to enter the residence to contact and speak with the defendant. When the officer contacted the defendant, the defendant put a 9mm gun to his own head and said "back up, back up." After an extended stand-off, officers exited the house and obtained arrest and search warrants for the defendant and the home. Police then re-entered the house, and the defendant was arrested with 1.8 grams of methamphetamine in his left front pant pocket. Officers also recovered the gun Pacot held to his head.
“Drug trafficking is a serious crime. Doing it with weapons is even more so, which is why the sentence here is both significant and appropriate,” said U.S. Attorney Jason R. Dunn. “This is a great result for the people of Colorado Springs.”
“The hard work of the Colorado Springs Police Department resulted in the success of this investigation,” said David Booth, Special Agent in Charge of the ATF Denver Field Division. “Our law enforcement partnerships are one of our greatest resources to combat violent crime.”
This case was investigated by the ATF with substantial assistance from the Colorado Springs Police Department. The defendant was prosecuted by Assistant U.S. Attorney Brian Dunn.
Denver Company Pays $688,500 to Resolve Mineral Trespass InvestigationRead the Press Release
DENVER –The United States Attorney’s Office t0day announced that PDC Energy, Inc., an oil and gas company headquartered in Denver, Colorado, has paid $688,500 to resolve allegations that it drilled, and later operated, an oil and gas well that removed federal minerals without permission.
Oil and gas exploration companies may only drill for oil, gas, or other minerals owned by the United States after first applying for and obtaining a federal mineral lease from the Bureau of Land Management (“BLM”). These companies must also obtain a BLM-issued permit to drill an oil and gas well. The United States contends that in 2013, PDC drilled a well into federal minerals in Weld County, Colorado without first obtaining a federal lease and a permit to drill. PDC fully cooperated with the investigation, and the resolution announced today resolves liability for the full alleged trespass period: July 1, 2013 through April 30, 2019.
“The U.S. Attorney’s Office is committed to protecting our public lands,” said Matthew Kirsch, Attorney for the United States acting under authority conferred 28 U.S.C. § 515. “Companies have to follow the rules governing those public lands. If they don’t, they will pay an additional price.”
“The settlement reached during this investigation is the direct result of the OIG, Department of Justice, Bureau of Land Management, and Office of the Solicitor working collaboratively and diligently on behalf of all American citizens to ensure minerals removed from federal ownership are properly accounted for and public revenues are collected,” said Ron Gonzales, Special Agent in Charge for the Department of the Interior, Office of Inspector General’s Energy Investigations Unit.
“This case demonstrates the Bureau of Land Management’s efforts to support the Secretary of Interior’s goals of ensuring that the public receives fair market value for resources, recovers costs where appropriate, and fosters partnerships to achieve balanced stewardship and use of public lands. We are grateful for the work of all the bureaus involved to settle this case,” said Jamie Connell, BLM Colorado State Director.
This case was handled by Assistant U.S. Attorney Andrea Wang.
Department of Justice Observes the 15th Annual World Elder Abuse Awareness DayRead the Press Release
DENVER – Today, U.S. Attorney Jason R. Dunn joined Attorney General William P. Barr and the entire Department of Justice in observing the 15th Annual World Elder Abuse Awareness Day. The Department echoes voices around the world condemning elder abuse, neglect and exploitation.
The COVID-19 pandemic has created unprecedented challenges for our country and the world, but among those most severely affected by the threat of the novel virus are our senior citizens. During this time when seniors are most vulnerable and isolated from their families and loved ones by social distancing and quarantine restrictions, bad actors have immediately exploited this international tragedy to prey on the elderly through a whole host of scam and fraud schemes. As the world takes this day to remember the elderly during these uncertain times, the Department of Justice remains relentlessly committed, through its department-wide Elder Justice Initiative, to prevent and prosecute fraud on America’s seniors.
The Department will aggressively prosecute fraudsters exploiting the Covid-19 pandemic and targeting seniors offering them fake testing kits and fake help obtaining stimulus and Paycheck Protection Program Funds. On this day dedicated to recognizing our seniors, the Department of Justice sends a strong message that we continue the fight to keep seniors safe a top priority.
“Protecting our senior citizen community from elder fraud is an important priority for my office,” said U.S. Attorney Jason R. Dunn. “Working closely with our law enforcement partners, we will hold accountable those who take advantage of vulnerable seniors.”
Earlier this year Attorney General Barr declared “Prevention and Disruption of Transnational Elder Fraud” to be an Agency Priority Goal, making it one of the Department’s four top priorities.
Major strides have already been made to that end:
- National Elder Fraud Hotline: 833-FRAUD-11
Earlier this year Attorney General Barr launched a National Elder Fraud Hotline. Staffed by experienced case managers who provide personalized support to callers, the hotline serves to assist elders and caretakers who believe they have been a victim of fraud by reporting and providing appropriate services.
- Transnational Elder Fraud Strike Force: Established in June 2019 to combat foreign elder fraud schemes, the Strike Force is composed of the Department’s Consumer Protection Branch and six U.S. Attorneys’ Offices along with FBI special agents, Postal Inspectors, and numerous other law enforcement personnel. Since its inception, prosecutors in Strike Force districts brought cases against more than 140 sweep defendants.
- Annual Elder Justice Sweep: In March of this year, the Attorney General announced the largest coordinated sweep of elder fraud cases in department history. The Department, together with every U.S. Attorney’s office, charged more than 400 defendants, causing over $1 billion in loss through fraud schemes that largely affected seniors.
- Money Mule Initiative: Since October 2018, the Department and its law enforcement partners began a concentrated effort across the country and around the world to disrupt, investigate, and prosecute money mule activity used to facilitate fraud schemes, especially those victimizing senior citizens. In 2019 actions were taken to halt the conduct of more than 600 domestic money mules, exceeding a similar effort against approximately 400 mules in the previous year.
- Holding foreign-based perpetrators and those that flee the United States accountable: Transnational criminal organizations are targeting our elder population in schemes including mass mailing fraud, grandparent scams, romance scams, lottery and sweepstakes scams, IRS and Social Security Administration imposter scams, and technical-support scams.
For more information on enforcement actions, training, resources, research, and victim services, please visit www.justice.gov/elderjustice.
- National Elder Fraud Hotline: 833-FRAUD-11
VA Employee Sentenced for Orchestrating $19 Million Corruption SchemeRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Joseph Prince, age 61, of Aurora, Colorado was sentenced yesterday to serve 192 months (16 years) in federal prison for health care fraud, conspiracy, payment of illegal kickbacks and gratuities, money laundering, and conflict of interest charges. Prince was also ordered to serve 3 years of supervised release and pay $18,777,134.68 in restitution to the Veteran’s Health Administration. Prince, who appeared at the sentencing hearing free on bond, was remanded at the hearing’s conclusion.
According to the indictment and evidence presented at trial, Prince was one of two Case Management Liaisons for the VA’s Spina Bifida (SB) Health Care Benefits Program. The program covers the medial needs of children of certain veterans of the Korea and Vietnam wars with SB. Acting as a subject matter expert working in a Denver call center, Prince spoke with health care providers and SB beneficiaries or their families regarding their health care needs and reimbursement for care under the program.
As the architect of an elaborate conspiracy based on a fictional VA home health program the defendant invented, Prince recruited friends and family members to open “home health agencies” knowing they lacked the necessary medical licenses or credentials to bill the VA for SB beneficiaries’ home health services. The defendant directed every aspect of the home health agencies; no changes were made to business operations without his knowledge, review, and approval.
Further, with direct access to the SB beneficiaries and their family members, Prince identified himself to them as the one in charge of the fictional program. He represented that he had the authority on behalf of the VA to approve family members as home health care providers for the SB beneficiaries, even though the caregivers had no specific training certifications. He told these family members to sign up as contractors with “vetted” home health agencies, which were those companies owned by his friends and family. The defendant then directed the completion and submission to the VA of fraudulent and inflated claims for home health services by unapproved providers through unlicensed home health companies.
A written plan of care from a medical professional was required for a beneficiary to receive home health benefits under the SB program. In furtherance of his scheme to defraud, Prince would often pre-populate the number of hours the beneficiary was eligible for home health care on a physician’s written plan before submitting the plan for the physician’s signature. Then when speaking to the beneficiaries, Prince would instruct them to submit logs reflecting the maximum hours of plan service even when beneficiaries said they did not or could not provide that many hours of service, often presenting false information to the beneficiaries about what they were permitted to bill for under the program.
The defendant instructed the home health companies regarding how much to charge the VA for the fraudulent claims, directing them to keep approximately 80% of the paid amount for the company and send just 20% to the caregiver family member. When beneficiaries questioned the disparity between the caregiver’s pay and the agency’s pay on statements of benefits, Prince lied about agency expenses incurred to operate the home health entities.
Between June, 2017 and June, 2018, Prince referred approximately 45 SB beneficiaries to the sham home health entities. During that time, the home health entities submitted fraudulent claims totaling over $20 million to the VA, and approximately $18 million of that was paid out to five home health entities from the SB Health Care Benefits Program. Prince benefited from the scheme through payments to one of the companies owned by his wife, and from kickbacks paid to him by two of the agencies. As part of his agreement with these two, Prince received kickbacks of 50% of the VA payments for each beneficiary after expenses. Prince received approximately $1.5 million in kickbacks from two of the home health entities between December, 2017 and June, 2018.
As a federal government employee, Prince unlawfully used his public office to benefit himself and receive illegal kickbacks and gratuities.
“The defendant stole from taxpayers and from a program designed to help those who served our nation,” said U.S. Attorney Jason R. Dunn. “The defendant will be spending a substantial amount of time in prison because of his fraudulent behavior.”
“Our nation’s veterans deserve the best healthcare and services available provided by honest public servants,” said Gregg Hirstein, Special Agent in Charge, VA Office of Inspector General. “This sentencing underscores VA OIG’s commitment to protecting American taxpayers from corrupt federal employees using their position for financial gain.”
“Mr. Prince exploited his inside knowledge of the VA’s Spina Bifida Health Care Benefits Program for personal gain, victimizing a program designed for a group in need of extra assistance,” said IRS-CI Special Agent in Charge Andy Tsui. “As this sentence shows, IRS-Criminal Investigation will identify, investigate, and bring to justice those who attempt to defraud government programs designed to support our country’s citizens.”
“Bribery and corruption pose a fundamental threat to our governmental agencies and the public’s confidence in them,” said FBI Denver Special Agent in Charge Michael Schneider. “Joseph Prince’s actions took a significant toll on our community’s trust in the Office of Veteran’s Affairs and its pocketbooks, siphoning away money that could be used for resources beneficial to those who need it most, our veterans who served our country. The sentence today reflects the tremendous effort in this joint investigation by the FBI, IRS and VA-OIG with prosecution by the Colorado United States Attorney’s Office as we sought justice for our selfless veterans and to hold accountable those who selfishly abuse their authority.”
Co-conspirator and long-time friend Roland Vaughn pled guilty to paying an illegal gratuity to a public official on August 1, 2019, and is scheduled to be sentenced by Judge Moore on June 25, 2020. Additional friends Glenn Beach and Catherine Beach each pleaded guilty to paying an illegal gratuity to Prince and are scheduled to be sentenced on June 22, 2020.
Prince was indicted by a federal grand jury in Denver on June 21, 2018, and was found guilty by a trial jury on March 12, 2020. He was sentenced by U.S. District Court Judge Raymond P. Moore.
This case was investigated by VA’s Office of the Inspector General, IRS-Criminal Investigation, and the FBI.
This case was prosecuted by Assistant U.S. Attorneys Anna K. Edgar and Hetal J. Doshi.
Gambian Man Indicted on Torture ChargesRead the Press Release
A Gambian man previously residing in Denver, Colorado was arrested today for torture charges stemming from his actions specifically intended to inflict severe physical pain and suffering on individuals in his custody and control in The Gambia in 2006.
An indictment was returned on June 2 and unsealed today charging Michael Sang Correa, 41, a national of The Gambia, with one count of conspiracy to commit torture and six counts of inflicting torture on specific individuals. Correa made his first court appearance on the charges today before U.S. Magistrate Judge N. Reid Neureiter in the District of Colorado.
“Michael Correa allegedly committed heinous acts of violence against victim after victim in a brutal effort to coerce confessions from suspected coup plotters in The Gambia,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “These charges underscore that the United States will not be a safe haven for perpetrators of torture and that human rights violators will be held accountable and brought to justice.”
“As federal prosecutors, our mission is to seek out injustice and to hold accountable those who perpetuate it, regardless of where it occurs,” said U.S. Attorney Jason R. Dunn of the District of Colorado. “With this arrest, we are not only holding accountable a man who has allegedly committed horrific acts of torture against his own people, but demonstrating to the people of The Gambia, and indeed the entire world, that the United States stands for the rule of law and against those who abuse human rights.”
“Michael Correa’s case is another example of our commitment to pursue those who attempt to evade accountability for their actions by fleeing to the United States,” said Assistant Director David C. Shaw of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), National Security Investigations Division, who oversees the Human Rights Violators and War Crimes Center. “HSI will continue to investigate perpetrators of torture, genocide, and other war crimes to ensure the United States does not serve as a safe haven for human rights violators.”
The indictment alleges that in 2006, Correa, a former member of a Gambian armed unit known as the Junglers, conspired with others to commit torture against individuals suspected of plotting a failed coup attempt against then-President Yahya Jammeh, and that he inflicted torture on six victims. The Junglers were comprised of individuals who had been selected from the ranks of The Gambia Armed Forces (GAF) but operated outside the regular GAF chain of command. The Junglers received orders from then-President Yahya Jammeh and answered to him.
In March 2006, the Jammeh government learned that individuals within The Gambia were attempting to overthrow the Jammeh government. The Jammeh government reacted by arresting numerous individuals believed to have been part of plotting the attempt to overthrow the Jammeh government. Individuals who were arrested were taken to a prison known as Mile 2 Prison and to the National Intelligence Agency (NIA) Headquarters to be interrogated about their role in the coup attempt, and were subjected to severe physical and mental abuses at NIA Headquarters.
The indictment alleges that during this time frame, in March and April 2006, the defendant and his co-conspirators severely and repeatedly beat their victims with their fists, feet, boots, and objects including plastic pipes, wires, and branches. The co-conspirators sometimes covered the victims’ heads with plastic bags, restricting their ability to breathe, and subjected some victims to electrocution on various parts of their bodies. The indictment further alleges that one victim was suspended over the ground in a rice bag and beaten severely by the co-conspirators. Others had molten plastic or acid dripped on their bodies.
The charges and allegations in the indictment are merely accusations. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI Denver is leading the investigation of this case with support from HSI agents in Dakar, Senegal as well the Diplomatic Security Service at the U.S. Embassy in Banjul and the FBI Legal Attaché in Dakar. The Human Rights Violators and War Crimes Center (HRVWCC) significantly supported the case. Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate, and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation, and the use or recruitment of child soldiers.
Trial Attorney Erin Cox and Senior Counsel Christina Giffin of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Greg Holloway of the District of Colorado are prosecuting the case with the assistance of HRSP historian Dr. Christopher Hayden and with the support of the Criminal Division’s Office of International Affairs. The department appreciates the assistance provided by the governments of The Gambia, the Netherlands, and Sweden in this investigation.
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.
Gambian Man Indicted on Torture ChargesRead the Press Release
DENVER – United States Attorney Jason R. Dunn today announced that a Gambian man residing in Denver, Colorado was indicted on torture charges stemming from his actions specifically intended to inflict severe physical pain and suffering on individuals in his custody and control in The Gambia in 2006.
The indictment was returned on June 2, 2020, charging Michael Sang Correa, 41, a national of The Gambia, with one count of conspiracy to commit torture and six counts of inflicting torture on specific individuals. The defendant made his initial appearance today before a U.S. Magistrate Judge where he was advised of his rights and the charges pending against him.
“As federal prosecutors, our mission is to seek out injustice and to hold accountable those who perpetuate it, regardless of where it occurs,” said U.S. Attorney Jason R. Dunn. “With this arrest, we are not only holding accountable a man who has allegedly committed horrific acts of torture against his own people, but demonstrating to the People of The Gambia, and indeed the entire world, that the United States stands for the rule of law and against those who abuse human rights.”
“Michael Correa allegedly committed heinous acts of violence against victim after victim in a brutal effort to coerce confessions from suspected coup plotters in The Gambia,” said Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division. “These charges underscore that the United States will not be a safe haven for perpetrators of torture and that human rights violators will be held accountable and brought to justice.”
“Michael Correa’s case is another example of our commitment to pursue those who attempt to evade accountability for their actions by fleeing to the United States,” said Assistant Director David C. Shaw of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), National Security Investigations Division, who oversees the Human Rights Violators and War Crimes Center. “HSI will continue to investigate perpetrators of torture, genocide, and other war crimes to ensure the United States does not serve as a safe haven for human rights violators.”
The indictment alleges that in 2006, Correa, a former member of a Gambian armed unit known as the Junglers, conspired with others to commit torture against individuals suspected of plotting a failed coup attempt against then-President Yahya Jammeh and that he inflicted torture on six victims. The Junglers were comprised of individuals who had been selected from the ranks of the Gambia Armed Forces but operated outside the regular GAF chain of command. The Junglers received orders from then-President Yahya Jammeh and answered to him.
In March 2006, the Jammeh government learned that individuals within The Gambia were attempting to overthrow the Jammeh government. The Jammeh government reacted by arresting numerous individuals believed to have been part of plotting the attempt to overthrow the Jammeh government. Individuals who were arrested were taken to a prison known as Mile 2 Prison and to the National Intelligence Agency (NIA) Headquarters to be interrogated about their role in the coup attempt, and were subjected to severe physical and mental abuses at NIA Headquarters.
The indictment alleges that in this time frame, in March and April 2006, the defendant and his co-conspirators severely and repeatedly beat their victims with their fists, feet, boots, and objects including pipes, wires, and branches. The co-conspirators sometimes covered the victims’ heads with plastic bags restricting their ability to breathe and subjected some victims to electrocution on various parts of their bodies. The indictment further alleges that one victim was suspended over the ground in a rice bag and beaten severely by the co-conspirators. Others had molten plastic or acid dripped on their bodies.
The charges and allegations in the indictment are merely accusations. A defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
HSI Denver is leading the investigation of this case with support from HSI agents in Dakar, Senegal as well as personnel at the U.S. Embassy in Banjul and the FBI Legal Attaché in Dakar. Correa was identified by the Human Rights Violators and War Crimes Center (HRVWCC) and it has significantly supported the case. Established in 2009, the HRVWCC furthers the government’s efforts to identify, locate and prosecute human rights abusers in the United States, including those who are known or suspected to have participated in persecution, war crimes, genocide, torture, extrajudicial killings, female genital mutilation and the use or recruitment of child soldiers.
Assistant U.S. Attorney Greg Holloway of the District of Colorado and Trial Attorney Erin Cox and Senior Counsel Christina Giffin of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) are prosecuting the case with the assistance of HRSP historian Dr. Christopher Hayden and with the support of the Criminal Division’s Office of International Affairs.
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.
Cortez Man Sentenced to Federal Prison for Damaging Archeological Resources in the Canyons of the Ancients National MonumentRead the Press Release
DURANGO – United States Attorney Jason R. Dunn today announced that Lonnie Shadrick Winbourn, age 57, of Cortez, Colorado, was sentenced to serve over a year in federal prison (12 months and one day), for violating the Archeological Resources Protection Act (“ARPA”) in the Canyons of the Ancients National Monument. Winbourn appeared at the sentencing hearing in custody and was remanded at its conclusion. The U.S. Bureau of Land Management joined in today’s announcement.
According to court documents, as well as facts presented during sentencing, Winbourn made several trips into a portion of the Canyons of the Ancients National Monument, near Cortez, Colorado, in May and June 2017. During these trips, Winbourn located an Ancestral Puebloan ceremonial site with a large dance plaza, a likely subterranean kiva, and multiple human burials. Winbourn illegally excavated, removed, damaged, and altered the site. On June 4, 2017, Winbourn was pulled over and subsequently arrested on an unrelated warrant. During the arrest, a Bureau of Land Management Ranger identified pottery shards in Winbourn’s pocket. Winbourn admitted to the Ranger that he had additional artifacts in his backpack. In total, law enforcement discovered sixty-four items from the Ancestral Puebloan Period in his possession, including jewelry, an axe head, and other tools. Archeologists working in the Canyons of the Ancients National Monument have restored the original site and curated the stolen objects.
“Archeological resources at the Canyons of the Ancients are irreplaceable cultural artifacts that have been entrusted to the common good,” said U.S. Attorney Jason Dunn. “Anyone who seeks to destroy or profit off of these resources will face prosecution and serious consequences.”
“We as a society must recognize the importance of respecting all cultures; including those artifacts representing cultural resources of Native Americans. The protection of Native American cultural resources continues to be a matter central to law enforcement officers and special agents of the U.S. Bureau of Land Management,” said Assistant Special Agent-in-Charge Randall Carpenter, U.S. Bureau of Land Management, Office of Law Enforcement.
Canyons of the Ancients National Monument is located west of Cortez, Colorado and is public land administered by the Bureau of Land Management. It contains the highest known archeological site density in the United States, with rich, well-preserved evidence of native cultures, to include the Ancestral Puebloan culture.
Winbourn was indicted by a federal grand jury on December 6, 2019. The sentence was pronounced by U.S. District Court Judge Robert E. Blackburn.
This case was investigated by the Bureau of Land Management. The defendant was prosecuted by Assistant U.S. Attorney Jeff Graves.
Repeat Domestic Violence Offender Sentenced to 30 Years in Federal Prison for Assault Against Wife on Ute Mountain Ute ReservationRead the Press Release
DURANGO – United States Attorney Jason R. Dunn today announced that David Sidney Wells, age 44, of Towaoc, Colorado, was sentenced to serve 360 months (30 years) in federal prison, followed by 10 years on supervised release, for committing a violent sexual and physical assault against his wife on the Ute Mountain Ute Indian Reservation. The FBI and Bureau of Indian Affairs joined in today’s announcement.
According to court documents, as well as facts presented during trial and sentencing, Wells became angry with his wife at their shared residence in Towaoc, Colorado, on the Ute Mountain Ute Indian Reservation. As his wife attempted to flee, Wells repeatedly dragged her by the hair away from the door and into a bedroom. There, Wells repeatedly struck his wife with a wooden club and kicked her in the stomach. Wells then sexually assaulted his wife before strangling her to unconsciousness and fleeing the scene. The victim’s injuries resulted in her being medically evacuated by airplane to a hospital in Lakewood, Colorado. At trial, an expert testified that the victim had a substantial chance of dying due to internal bleeding caused by the assault.
Prior to this offense, Wells had over a dozen prior convictions for assaultive conduct, to include at least two prior incidents where he assaulted his current wife. At the time of the assault, Wells had a warrant for his arrest from a case brought by the State of Colorado for Assault in the Second Degree by Strangulation, as an act of domestic violence, for an assault committed against his wife in August of 2018 at a park in Cortez, Colorado. Wells will serve his federal sentence consecutively to the four-year sentence imposed in the prior case, Montezuma Case 18CR276. After the jury’s verdict, Wells violated a Court imposed no-contact order by writing a seven-page letter to his wife.
“The brutality of Mr. Wells’ assault is almost unimaginable,” said U.S. Attorney Jason Dunn. “But with this sentence, it is all but certain that Mr. Wells’ legacy of violent abuse has come to an end. This sentence is also important because it sends a strong signal to perpetrators and tribal victims alike that the U.S. Attorney’s office will not tolerate such acts of domestic violence on tribal lands in Colorado and will aggressively prosecute them every time.”
The sentence was pronounced by U.S. District Court Judge Robert E. Blackburn. Wells appeared at the sentencing hearing in custody and was remanded at its conclusion. Wells was indicted by a federal grand jury on April 5, 2019 and was found guilty of Aggravated Sexual Abuse, Assault with the Intent to Commit Aggravated Sexual Abuse, Assault Resulting in Serious Bodily Injury, and Assault with a Dangerous Weapon, following a week-long trial on February 7, 2020.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs. The defendant was prosecuted by Assistant U.S. Attorneys Jeff Graves and R. Josh Player.
Statement by U.S. Attorney Jason R. Dunn Regarding Recent UnrestRead the Press Release
“I have been following the events of the past two weeks closely and with a broken heart. It has been a difficult time for our state and our nation, triggered by the tragic and unnecessary death of George Floyd in Minnesota, and bringing to the surface much deeper problems that must be addressed. As I recently said in an interview, our office and the Department is, at its core, about the rule of law and ensuring due process. It is clear to me that Mr. Floyd was afforded neither. Yesterday, I listened to Attorney General Barr’s press conference announcing a federal civil rights investigation into the case. I know Minnesota U.S. Attorney Erica MacDonald well, and I am confident she will handle that case appropriately and that justice will ultimately be served. Indeed, U.S. Attorney’s offices around the country, including mine, regularly work with the FBI to review law enforcement conduct. When those reviews show a violation of constitutional rights, we have not hesitated to prosecute the wrongdoers. In fact, just this past year, my office prosecuted a police officer who sexually assaulted a woman while in uniform and after a state plea deal resulted in a sentence of only 90 days.
“The rule of law, of course, is applicable not just to those who enforce the law, but to everyone. The lawless destruction of property, attacks on fellow citizens and police, and even the killing of a federal officer during the past two weeks, should not and will not be tolerated. Moreover, we cannot allow those intent on harm to interfere with the lawful conduct and message of those who peacefully protest. I want to commend the Denver Police Department, the Colorado Springs Police Department, the Denver Field Office of the FBI, the other members of the Joint Terrorism Task Force, and members of my staff that have all worked around the clock this past week to ensure that those who want to protest peacefully can do so and that those intent on harm are dealt with appropriately.
“Ultimately, every Coloradan and every American deserves a justice system that is fair and that holds everyone accountable for criminal acts. My office is committed to working with other law enforcement agencies, civic leaders, and members of the community to ensure that our justice system applies the rule of law equally to all Coloradans and guarantees that our justice system is, in a word, just.
“I look forward to a better Colorado, for everyone.”
Denver Man Sentenced to Federal Prison for Being Felon in Possession of A FirearmRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Jalonni Alexander Moore, of Denver, was sentenced yesterday 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. The Denver Field Division of the ATF joined in today’s announcement.
According to the stipulated facts contained in the plea agreement, on March 10, 2019, Denver Police officers were dispatched to the intersection of 15th and Market Street on a report of a shooting. Upon arrival, officers found a large crowd and learned that multiple people had been shot, including Moore, who had been taken to a hospital in a personal vehicle. At the hospital, officers interviewed both the driver and his passenger and looked into their vehicle. Where Moore had been sitting was a loaded handgun that did not belong to the vehicle's other occupants, nor was it present before the defendant entered the vehicle. The defendant later admitted to firing the weapon at the original scene.
“This is a perfect example of how our close partnership with local law enforcement results in a safer community,” said U.S. Attorney Jason Dunn. “This arguably would have been a complex case for the state to prosecute. But our straight-forward federal felon-in-possession law allows us to prosecute these cases quickly and remove dangerous felons from the street for substantial periods of time.”
“It is unlawful for convicted felons to possess firearms and ammunition,” said ATF Special Agent in Charge David Booth. “ATF will continue to work with the Denver Police Department and all of our law enforcement partners to ensure the safety of our communities.”
This case was investigated by the ATF, with substantial assistance from the Denver Police Department’s Homicide Unit. The defendant was prosecuted by Assistant U.S. Attorney Celeste Rangel.
Statement of United States Attorney Jason Dunn on the Use of the Federal Joint Terrorism Task Force in Response to RiotingRead the Press Release
Together with the FBI, the United States Attorney’s Office will protect all citizens’ right to peacefully protest – especially after the tragic events in Minnesota and elsewhere. But the last few days have seen protests in Denver hijacked by criminal elements, who have turned these protests into violent riots in our own communities. While we can and should peacefully advocate for our beliefs, no one may incite a riot, start a fire, or injure other people in the process.
Today, Attorney General Barr has directed that the Department’s existing network of regional FBI Joint Terrorism Task Forces will be deployed to apprehend and charge violent agitators hijacking peaceful protests and engaging in violations of federal law. In Colorado, the U.S Attorney’s Office and the Joint Terrorism Task Force (JTTF) are working together. The JTTF consists of highly trained FBI agents and investigators from federal and local law enforcement agencies, including Task Force Officers from the Denver Police Department. Today, the JTTF has been directed to investigate any potential violations of federal law associated with the ongoing activity in Denver and elsewhere. Where violations are identified, prosecutors from my office will hold violators accountable to fullest extent of federal law.
Anyone planning future acts of violence should know that our law enforcement community is united in protecting Colorado, and we will do so.
U.S. Attorney’s Office and DOJ Files Statement of Interest in Support of Freedom of Religion Against the State of ColoradoRead the Press Release
The Department of Justice today filed a statement of interest in a Colorado federal court supporting the First Amendment religious freedom claims of High Plains Harvest Church and its pastor.
The statement of interest is part of Attorney General William P. Barr's April 27, 2020 initiative directing Assistant Attorney General for Civil Rights, Eric Dreiband, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic.
“Especially during a crisis like this, the ability of people of faith to be able to exercise their religion is essential,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Colorado has offered no good reason for not trusting congregants who promise to use care in worship the same way it trusts diners inside a restaurant, or accountants, realtors or lawyers to do the same. The U.S. Department of Justice will continue to take action if states and localities infringe on the free exercise of religion or other civil liberties.”
“We appreciate the challenging position that the state and the governor face in trying to balance public safety with personal and religious freedoms,” said Jason Dunn, U.S. Attorney for the District of Colorado. “But when government restrictions cross the line into unconstitutional violations of religious liberty, it is my duty and that of the Department of Justice to engage and protect those interests.”
“As important as it is that we stay safe during these challenging times, it is also important for states to remember that we do not abandon all of our freedoms in times of emergency,” said Matthew Schneider, U.S. Attorney for the Eastern District of Michigan, who, with Assistant Attorney General Dreiband, is overseeing the Justice Department’s effort to monitor state and local polices relating to the COVID-19 pandemic. “Unlawful discrimination against people who exercise their right to religion violates the First Amendment, whether we are in a pandemic or not.”
In response to the COVID-19 pandemic, Colorado’s Governor and the Colorado Department of Public Health and Environment (CDPHE) have issued various orders imposing limitations on in-person gatherings and, more recently, less restrictive rules for indoor service at restaurants. The guidance provides expressly that “[i]ndoor dine-in service can be held at 50% of the posted occupancy code limit and a maximum of 50 patrons,” if social distancing between parties of “eight people or fewer” is maintained, masks are worn, and other precautions are met. The rules for religious services in a place of worship are significantly more restrictive. Under guidance issued by CDPHE, religious gatherings inside a place of worship are permitted only “if physical distancing is observed and the gatherings are of 10 or fewer people in each room.” Places of worship thus are not allowed to host more than ten worshippers, even if they socially distance, and whether or not they are in the same party — unlike various businesses, including marijuana dispensaries, legal, accounting and real estate services, which may admit numerous customers into a single space so long as those customers socially distance, and unlike restaurants, which have been exempted from the public gathering limits and now may seat 50 customers, who may sit in parties where the members of the party are not socially distanced.
In its statement of interest, the United States explains that because Colorado appears to be treating similarly situated non-religious activity, such as in-person dining in restaurants, better than places of worship, these actions may constitute a violation of the church’s constitutional right to the free exercise of religion.
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 Department of Justice Files Statement of Interest in Support of Freedom of Religion for Colorado ChurchRead the Press Release
The Department of Justice today filed a statement of interest in a Colorado federal court supporting the First Amendment religious freedom claims of High Plains Harvest Church and its pastor.
The statement of interest is part of Attorney General William P. Barr's April 27, 2020 initiative directing Assistant Attorney General for Civil Rights, Eric Dreiband, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review state and local policies to ensure that civil liberties are protected during the COVID-19 pandemic.
“Especially during a crisis like this, the ability of people of faith to be able to exercise their religion is essential,” said Assistant Attorney General Eric Dreiband for the Civil Rights Division. “Colorado has offered no good reason for not trusting congregants who promise to use care in worship the same way it trusts diners inside a restaurant, or accountants, realtors or lawyers to do the same. The U.S. Department of Justice will continue to take action if states and localities infringe on the free exercise of religion or other civil liberties.”
“We appreciate the challenging position that the state and the governor face in trying to balance public safety with personal and religious freedoms,” said Jason Dunn, U.S. Attorney for the District of Colorado. “But when government restrictions cross the line into unconstitutional violations of religious liberty, it is my duty and that of the Department of Justice to engage and protect those interests.”
“As important as it is that we stay safe during these challenging times, it is also important for states to remember that we do not abandon all of our freedoms in times of emergency,” said Matthew Schneider, U.S. Attorney for the Eastern District of Michigan, who, with Assistant Attorney General Dreiband, is overseeing the Justice Department’s effort to monitor state and local polices relating to the COVID-19 pandemic. “Unlawful discrimination against people who exercise their right to religion violates the First Amendment, whether we are in a pandemic or not.”
In response to the COVID-19 pandemic, Colorado’s Governor and the Colorado Department of Public Health and Environment (CDPHE) have issued various orders imposing limitations on in-person gatherings and, more recently, less restrictive rules for indoor service at restaurants. The guidance provides expressly that “[i]ndoor dine-in service can be held at 50% of the posted occupancy code limit and a maximum of 50 patrons,” if social distancing between parties of “eight people or fewer” is maintained, masks are worn, and other precautions are met. The rules for religious services in a place of worship are significantly more restrictive. Under guidance issued by CDPHE, religious gatherings inside a place of worship are permitted only “if physical distancing is observed and the gatherings are of 10 or fewer people in each room.” Places of worship thus are not allowed to host more than ten worshippers, even if they socially distance, and whether or not they are in the same party — unlike various businesses, including marijuana dispensaries, legal, accounting and real estate services, which may admit numerous customers into a single space so long as those customers socially distance, and unlike restaurants, which have been exempted from the public gathering limits and now may seat 50 customers, who may sit in parties where the members of the party are not socially distanced.
In its statement of interest, the United States explains that because Colorado appears to be treating similarly situated non-religious activity, such as in-person dining in restaurants, better than places of worship these actions may constitute a violation of the church’s constitutional right to the free exercise of religion.
Army Sergeant Sentenced to Eight Months for Marriage Fraud SchemeRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Sergeant Galima Murry was sentenced today by Senior U.S. Circuit Judge David M. Ebel to serve 8 months in federal prison for conspiracy to commit marriage fraud and making false statements regarding that fraud to the government. Murry was one of four defendants who were tried and convicted together in January 2020. Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services (USCIS), and Army Criminal Investigations Division (Army CID), joined in the announcement.
According to facts established at trial, the purpose of the conspiracy was to obtain immigration benefits for Rajesh Ramcharan, Diann Ramcharan, and one of their minor children. The Ramcharans, a married couple, came to the United States from Trinidad & Tobago on visitor visas in 2007. They overstayed their visitor visas and settled in Colorado. They then devised a scheme to defeat United States immigration laws and stay in the country illegally.
The scheme had several steps. First, in 2010, the couple was married by Pastor Ken Harvell, who signed a marriage certificate for the Ramcharans. The couple then filed for a divorce. Five days after that divorce was finalized, Pastor Harvell signed a new marriage certificate for Diann Ramcharan and Sergeant Galima Murry in 2011. Sergeant Murry is a citizen of the United States and at the time was a soldier at Fort Carson. Diann Ramcharan and Sergeant Murry entered into this marriage for the purpose of evading immigration laws and enabling Diann Ramcharan to stay in the United States.
Sergeant Murry’s involvement in the conspiracy spanned over six years and included participation in the filing of numerous documents with immigration authorities submitted to prove the fraudulent marriage was real. He received a vehicle as payment for his role in the scheme. In addition, Sergeant Murry obtained military benefits from the Army based on his fraudulent marriage to Diann Ramcharan. The military benefits included additional money in every pay check during the time that he fraudulently reported being married. Specifically, he got a family separation hardship allowance when deployed and received a housing allowance based on his dependents when in the United States. He also received reimbursements for moving expenses based on his fake wife and one of her children. He also claimed one of the Ramcharan children on his tax return.
In 2015, Rajesh Ramcharan entered into a marriage with Angelica Guevara, who also is a citizen of the United States. Pastor Harvell, whom the jury found knowingly and voluntarily participated in the conspiracy, also signed the marriage certificate between Guevara and Rajesh Ramcharan. During the time of both the Ramcharans’ fraudulent marriages to Murry and Guevara, the Ramcharans lived with each other and held themselves out to the public as married.
“Prison is an appropriate consequence for this defendant,” said U.S. Attorney Jason Dunn. “Mr. Murry not only committed immigration fraud, but stole from taxpayers and the military. Hopefully this sentence will be a deterrent to like-minded criminals.”
Each defendant was also convicted for their involvement in the submission of at least one false statement to U.S. immigration authorities as part of the Ramcharans’ attempts to gain lawful immigration status in the United States. Guevara pleaded guilty to the conspiracy and testified at trial about the marriage fraud scheme.
The nine-day jury trial was held before the Honorable David M. Ebel. The jury reached their guilty verdicts on January 16, 2020. Murry was one of four defendants that were found guilty at trial. The other defendants are pending sentencing.
The defendants were prosecuted by Assistant U.S. Attorneys Daniel McIntyre and Emily Treaster. This case was investigated by Homeland Security Investigations (HSI), U.S. Citizenship and Immigration Services (USCIS), and Army Criminal Investigations Division (CID), with assistance from the El Paso County Sheriff’s Office.
Four Metro Denver Men Arrested and Charged Following Smash and Grab Burglary of Arvada Gun StoreRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that four defendants have been charged and arrested in connection with a smash and grab burglary at the Eagles Nest Armory, a gun store in Arvada. The defendants were charged with conspiracy to receive, possess, conceal, store, or sell, a stolen firearm. They appeared before a U.S. Magistrate Judge yesterday afternoon where they were advised of their rights and the charges pending against them. The ATF as well as the Arvada and Denver Police Departments joined in today’s announcement.
According to the affidavit in support of the criminal complaint, on April 28, 2020, Daniel Esquivel, Tristan Molinar, and two other individuals drove to the Eagles Nest Armory, arriving at 3:45 a.m. in a black Mitsubishi SUV to steal firearms. The defendants forced entry through the back door of the store and stole twenty-one firearms in less than five minutes before fleeing the scene. Daniel Esquivel then enlisted the help of Norberto Valdez-Esquivel and Víctor Valdez-Esquivel to sell some of the stolen firearms.
Ultimately, a law enforcement agent working in an undercover capacity was able to purchase three of the stolen firearms from Norberto Valdez-Esquivel, Victor Valdez-Esquivel, and Daniel Esquivel. The stolen weapons were being stored in the back of a box truck outside Norberto Valdez-Esquivel’s Denver residence. Daniel Esquivel, Norberto Valdez-Esquivel, and Víctor Valdez-Esquivel shared in the profits from the sale.
On May 19, 2020, search warrants were executed, and two more firearms that had been stolen from the Eagles Nest were located within the box truck outside Norberto Valdez-Esquivel’s Denver residence. Daniel Esquivel, Tristan Molinar, Norberto Valdez-Esquivel, and Víctor Valdez-Esquivel were then arrested.
If convicted, the defendants face not more than 5 years in federal prison, and up to a $250,000 fine.
This case was investigated by the ATF with substantial support from the Arvada and Denver Police Departments. The defendants are being prosecuted by Assistant U.S. Attorney Thomas Minser.
A criminal complaint is a probable cause charging document. Anyone charged by complaint has a Constitutional right to be indicted by a federal grand jury. The charges contained in the criminal complaint are allegations, and the defendants are presumed innocent unless and until proven guilty.
Federal Prison Inmate Sentenced for Participating in Assault of Fellow InmateRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Deon McElrathbey, a federal inmate, was sentenced to serve an additional 54 months in prison for aiding and abetting an assault with a dangerous weapon on a fellow inmate. McElrathbey was one of three inmates from the Federal Correctional Institute in Florence, Colorado who assaulted a fellow inmate. The FBI joined in today’s announcement.
According to the plea agreement and facts presented in the case, on June 7, 2018, McElrathbey saw an inmate getting assaulted with a shank. McElrathbey and another inmate joined in the assault. McElrathbey grabbed the victim, threw him on the ground and began kicking him. Another assailant stabbed the victim while McElrathbey was kicking him. The victim was stabbed in the head, face, and torso, which resulted in ten puncture wounds. The victim was then transported to a local hospital for treatment.
“It was important to prosecute this case because inmates need to know that violence in federal prisons will not be tolerated, and when there is violence, that there will be consequences,” said U.S. Attorney Dunn.
"Today’s lengthy sentence of Deon McElrathbey should send a strong message to those who engage in violent criminal activities within our correctional facilities,” said FBI Denver Special Agent in Charge Michael Schneider. “We extend our appreciation to the Bureau of Prisons and United States Attorney’s Office for their diligence and hard work in this investigation.”
In addition to McElrathbey, two other inmates were involved in the assault and sentenced previously. Yusuf Jones was sentenced to 57 months and Lance Lee was sentenced to 30 months.
This case was investigated by the FBI. The defendant was prosecuted by Assistant U.S. Attorney Valeria Spencer.