District of Colorado
Press releases recorded for this federal judicial district.
Durango Man Sentenced to Nineteen Years in Federal Prison for Armed CarjackingRead the Press Release
DURANGO – United States Attorney Jason R. Dunn announced that Roger Chase Brassard, age 27, of Durango, Colorado, was sentenced today by U.S. District Court Judge Robert E. Blackburn to serve 228 months (19 years) in federal prison for carjacking and using a firearm during a crime of violence. Following his prison sentence, Brassard will spend 5 years on supervised release. The defendant appeared at the sentencing hearing in custody, and was remanded at its conclusion.
According to the stipulated facts contained in the defendant’s plea agreement, on November 27, 2017, the victim was driving a truck to Fort Lewis College to pick up his younger sister when, at a stop, Brassard approached the driver side door. He displayed a handgun and entered the vehicle. The victim was forced to move to the passenger seat. Brassard then drove away with the victim in the truck.
While driving, Brassard ordered the victim to lower the passenger side window. After the victim complied with the order, Brassard fired a round from the handgun through the open window. While driving, Brassard spent much of the time holding his firearm in his mouth. Eventually, Brassard turned off city streets onto railroad tracks where the vehicle became stuck. Brassard and the victim then walked down the railroad tracks, where the victim was ultimately able to escape and summon help. The police were called and the vehicle seized. Brassard, however, escaped capture.
Later that night, La Plata County Sheriff Deputies were dispatched to a disturbance at the Iron Horse Inn in Durango. Upon arrival, deputies learned the suspect in the disturbance was Brassard.
The carjacking victim was shown a photo lineup and identified Brassard.
“Those responsible for violent crime must be held accountable for their actions,” said U.S. Attorney Jason Dunn. “The victim in this case was in grave danger, yet due to his courage he was able to escape and later identify his captor. Thanks to our law enforcement partners, Bassard won’t be able to do this again for a very long time.”
“Today’s sentencing of Roger Brassard illustrates the FBI’s continued commitment to working closely with our state and local law enforcement partners to address violent crime,” said FBI Special Agent in Charge Dean Phillips. “This investigation was truly a collaborative effort between local and federal law enforcement, and as a result the community is safer with Brassard behind bars. We are confident today’s sentencing sends a message to those contemplating crimes against our community members they will be aggressively investigated and prosecuted to the fullest extent of the law.”
The defendant was indicted by a federal grand jury on January 5, 2018. He pled guilty on April 8, 2019. He was sentenced on October 8, 2019.
This case was investigated by the FBI with substantial assistance from the La Plata County Sheriff’s Office and the Durango Police Department. The defendant was prosecuted by Assistant U.S. Attorney Robert Brown.
Denver Doctor Pleads Guilty to Illegally Prescribing Controlled SubstancesRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that Dr. Andrew Mark Ho, age 54, of Denver, pled guilty yesterday to illegally dispensing or illegally causing to be dispensed oxycodone, a controlled substance. Ho pled guilty before Chief U.S. District Court Judge Philip B. Brimmer. Judge Brimmer is scheduled to sentence Ho on January 10, 2020. The defendant appeared at the change of plea hearing free on bond. The bond was continued at the conclusion of the hearing.
According to the stipulated facts contained in Ho’s plea agreement, Andrew Mark Ho is a medical doctor licensed to practice in the State of Colorado. Ho was registered with the Drug Enforcement Administration (“DEA”) until approximately December 13, 2016, authorizing him to write prescriptions for controlled substances on Schedules II through V. He is an owner of and practices at Harvard Avenue Internal Medicine LLC. Dr. Ho stipulated that between 2014 and 2016, he prescribed controlled substances comprising the so-called “Holy Trinity,” outside the scope of accepted medical practice.
The “Holy Trinity” is a colloquial term to describe the prescription of a combination of drugs comprised of a benzodiazepine, an opioid, and a muscle relaxant, which while highly sought out on the street, is especially dangerous because each of those medications depress the central nervous system and the ability to breathe.
“Overprescribing controlled substances, especially prescribing the “Holy Trinity” of prescription drugs is dangerous, and there is no acceptable medical reason to do so,” said U.S. Attorney Jason Dunn. “In this case, it’s simply flat-out drug dealing and is being treated accordingly.”
“The DEA is committed to identifying the sources of illicit prescribing and will continue to hold providers and distributors accountable for their actions that denigrate this community,” said DEA Denver Division Acting Special Agent in Charge Deanne Reuter. “By Dr. Ho relinquishing his ability to prescribe controlled substances, there will be fewer people in this state being provided highly addictive controlled substances for no legitimate medical reason, which in this case resulted in abuse and illegal distribution.”
This case was investigated by the DEA. The defendant was prosecuted by Assistant U.S. Attorneys Hetal J. Doshi and Bryan D. Fields.
Grand Junction Man Sentenced to Federal Prison for Destroying Acres of Federal Land with A BulldozerRead the Press Release
GRAND JUNCTION – United States Attorney Jason R. Dunn announced that Robert Timothy Allen was sentenced yesterday by Senior U.S. District Court Judge Marcia S. Krieger to serve 13 months in federal prison for depredation of federal property. In addition to the prison sentence, Allen was ordered to serve 3 years on supervised release and pay $20,300 in restitution to the Bureau of Land Management (BLM) to repair the land he damaged. At sentencing, Judge Krieger emphasized that Allen’s felony conviction means he can no longer legally possess firearms. Another fact considered by the Judge at sentencing was that Allen made threats to turn his arrest into an armed conflict.
Defendant Allen was indicted in 2016 and charged for damaging federal land in Saguache County between July 24, 2013, and May 22, 2014. After indictment, Allen evaded arrest for nearly two years before being arrested and ultimately detained in 2018. According to evidence presented at trial, Allen dug-up about three acres of federal land with a bulldozer. While he claimed to be lawfully prospecting federal land, he received four official notices from the Bureau of Land Management and the Colorado Division of Reclamation, Mining, and Safety that he was violating the law and directing him to stop. After refusing to stop violating the law, he was prosecuted by the United States Attorney’s office.
Allen was convicted following a three day trial that ended on August 14, 2019. The jury took less than an hour of deliberation to convict him.
“The defendant damaged precious resources that will take money and time to repair,” said U.S. Attorney Jason R. Dunn. “The consequences of his actions, and his felony conviction, will follow him for the rest of his life.”
“We appreciate the hard work of everyone involved in ensuring we live up to the public’s trust in our management of the public’s land,” said BLM Colorado State Director Jamie Connell.
This case was prosecuted by Assistant United States Attorneys Jeremy Chaffin and Kelly Winslow.
Western Slope Man Sentenced to 7 Years in Federal Prison for Marijuana ConspiracyRead the Press Release
GRAND JUNCTION – United States Attorney Jason R. Dunn announced that Long Luong, aka “Peter”, was sentenced yesterday to serve 84 months (7 years) in federal prison for conspiracy to manufacture and possess with intent to distribute 1000 kilograms or more of marijuana and 1000 plants or more. The sentence was imposed by Senior U.S. District Court Judge Marcia S. Krieger, who pronounced the sentence while in Grand Junction. Luong was also ordered to serve 5 years on supervised release and pay a $30,000 fine. Loung appeared at the sentencing hearing in custody, and was remanded at the hearing’s conclusion.
According to court documents, including the stipulated facts in Luong’s plea agreement, on September 18, 2016, agents from the Drug Enforcement Administration were informed of a large outdoor marijuana grow operation in Rifle, Colorado. Agents confirmed the existence of this grow and began surveillance. The grow was located on property owned by co-defendant Heung Yu Wong. The next day, agents observed numerous individuals harvesting marijuana plants and loading them into a large truck. Shortly thereafter, agents observed many of these individuals attempting to flee from the grow operation. Agents detained a number of the individuals, including the defendant and his wife, co-defendant Guoying Tang.
Following the execution of a search warrant at the location, agents discovered 2,420 large, mature marijuana plants. The defendant conspired with the co-defendants, and others, to cultivate and harvest this marijuana for illegal distribution. Despite the prior warrant, on September 20, 2017, the defendant again conspired with his wife, co-defendant Guoying Tang, and others to cultivate and harvest a large field of marijuana in southwestern Colorado. Luong, while supervising at least five others, harvested this field and loaded it onto two large trucks. On September 23, 2017, one of the two trucks was intercepted by law enforcement and discovered to contain a significant quantity of freshly harvested marijuana that would result in at least 50 KG of usable marijuana. This truck was destined for a warehouse located in Grand Junction, Colorado, where Luong and others supervised the cultivation of an additional 1,034 marijuana plants and the processing of marijuana for later distribution.
As part of the investigation, a search warrant was also executed at the defendant’s home in Grand Junction, Colorado, which he shared with his wife. Inside the defendant’s home, agents discovered a marijuana grow containing 179 marijuana plants. The defendant and his wife cultivated these plants for further illegal distribution. Also located in the home, hidden in a clothes hamper in the master bedroom, agents discovered a Beretta 9mm handgun. This handgun belonged to the defendant.
Luong and the two co-defendants were indicted on February 27, 2018. Luong pled guilty before Magistrate Judge Gordon Gallagher on May 21, 2019. He was sentenced on September 30, 2019.
“The cultivation of marijuana for the black market is an issue this office and our law enforcement partners continue to aggressively pursue,” said U.S. Attorney Jason Dunn. “The defendant will now face the consequences of growing and distributing this illegal product.”
“The DEA is committed to protecting our communities by working alongside our state and local law enforcement partners to identify and target the most significant threats to the public safety,” said Acting DEA Special Agent in Charge Deanne Reuter. “Long Luong ran a massive illegal marijuana grow operation that flagrantly and grossly violated both federal and state law. The DEA will continue to target these large illegal grow operations that seek profit over the public well-being.”
This case was investigated by the DEA, with substantial assistance from ATF, Two Rivers Drug Enforcement Team, Western Colorado Drug Task Force, Garfield County Sheriff’s Office, Mesa County Sheriff’s Office, and Grand Junction Police Department. The defendant was prosecuted by Assistant U.S. Attorney Jeremy Chaffin in the U.S. Attorney’s Grand Junction office.
Veterans Affairs Official Pleads Guilty to Six Corruption-Related Counts Arising from Scheme to Take Bribes to Rig Federal ContractsRead the Press Release
DENVER – U.S. Attorney Jason R. Dunn announces that former U.S. Department of Veterans Affairs official Dwane Nevins, age 55, pleaded guilty last week to an indictment charging him with corruption related crimes, arising from a scheme to take payments from an undercover FBI agent. Earlier this week, on September 17, 2019, his co-conspirator Anthony Bueno pleaded guilty to one count of conspiring with Nevins to make those payments. Another businessman involved with the scheme, Robert Revis, pleaded guilty in April 2019.
As described in the indictment, Dwane Nevins — a small business specialist at the VA’s Network Contracting Office in Colorado — agreed to take bribes offered by Revis, Bueno, and an undercover FBI agent to help them manipulate the process for bidding on federal contracts with the VA. Revis and Bueno, working with Nevins, agreed to submit fraudulent bids from service-disabled-veteran-owned small businesses under contract with their consulting company so that federal contracts would be set aside for only those companies. As Bueno allegedly explained, they would then “own all the dogs on the track.” Nevins, Bueno and Revis worked to conceal the nature of the bribe payments by either kicking back to Nevins a portion of the payments made to their consulting company, or by asking their consulting company’s clients to pay Nevins for sham training classes related to federal contracting.
The indictment also alleges that, after complaining about not being paid by Revis and Bueno for his participation in the scheme, Nevins used his official position at the VA to extort approximately $10,000 from an undercover FBI agent, telling the agent that “the train don’t go without me. You know what I mean? I’m the engine. I’m the caboose. I’m the engine room.” Nevins also allegedly told the undercover FBI agent “this is a business and businessmen need to get paid . . . . so I can have my Christmas, you know what I’m saying?”
The indictment alleges that the conspirators attempted to rig the process related to two contracts, both of which related to medical equipment and not to the construction of any VA facilities. The first contract related to the procurement of LC bead particle embolization products by a VA hospital in Salt Lake City and the second related to the procurement of durable medical equipment for VA facilities located throughout the region.
“Corruption in the government procurement process has consequences,” said U.S. Attorney Jason Dunn. “Here the defendant participated in manipulating the bid process so that a specific company could prevail. That is wrong, it is criminal, and there will be swift consequences for anyone that engages in such behavior.”
“Dwane Nevins’ scheme attempted to take advantage of the system serving our veterans and hurt small businesses,” said FBI Denver Division Special Agent in Charge Dean Phillips. “The FBI thanks the multi-agency investigative team and the USAO for holding Nevins and his cohorts accountable for their criminal activities.”
Gregg Hirstein, Special Agent in Charge, VA Office of Inspector General, said, “This case should serve as a deterrent to any government employees tempted to unlawfully profit from their position of public trust. The VA Office of Inspector General will always vigorously pursue allegations of corruption by VA officials because our nations veterans deserve to be served by a workforce of the highest integrity.”
“Taking bribes is an egregious form of corruption that violates the public’s trust and deprives eligible businesses opportunities to compete fairly for Federal contracting opportunities,” said SBA OIG’s Western Region Special Agent-in-Charge Weston King. “SBA OIG and its law enforcement partners will aggressively pursue individuals that seek personal gain in their service as public officials. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their leadership and dedication throughout this investigation.”
Dwane Nevins is scheduled to be sentenced on December 20, 2019. He faces a maximum of 65 years’ imprisonment. Anthony Bueno is scheduled to be sentenced on January 7, 2020. Robert Revis is scheduled to be sentenced on January 24, 2020.
The case was jointly investigated by the Federal Bureau of Investigation, the U.S. Department of Veterans Affairs Office of Inspector General, and the U.S. Small Business Administration Office of Inspector General.
The defendant is being prosecuted by Assistant United States Attorneys Bryan D. Fields and Hetal J. Doshi.
Gunman Gets 8 Years for Aurora Post Office RobberyRead the Press Release
DENVER – United States Attorney Jason R. Dunn announces that Willie Dewayne Phillip was sentenced to 96 months in federal prison for holding two postal clerks at gunpoint and stealing cash from the registers. The defendant was sentenced this week in Denver by United States District Court Judge R. Brooke Jackson. At the conclusion of his prison sentence, Phillip will serve 5 years of supervised release.
According to the plea agreement and facts presented at sentencing, Phillip robbed a Post Office in Aurora on November 8, 2018. While wearing a balaclava and gloves, he pointed a handgun at two postal clerks and then pointed the weapon at a postal customer. Phillip ordered the clerks to lie down and tie their hands together with zip ties. One clerk froze, while the other complied with the order. Phillip then opened the clerks’ registers and emptied more than $5,000 into a bag. He then checked the Post Office safe and fled the scene on foot.
Following the robbery, officers recovered the balaclava and gloves and sent them to the Colorado Bureau of Investigation’s Denver Forensic Science Laboratory for processing. Forensic examination revealed Phillip’s DNA on both items. After a swift investigation by Postal Inspectors, Phillip was indicted on December 4, 2018. He evaded law enforcement for about a month until Postal Inspectors, with the assistance of ATF personnel, tracked Phillip to a residence in Denver, where Phillip barricaded himself inside. Phillip surrendered to officers with the Denver Police Department’s Fugitive Location and Apprehension Group, Metro/SWAT/K9 Section, who had surrounded the home.
“Thanks to the diligent work of our the Postal Inspectors and our law enforcement partners, a dangerous criminal is off the street,” said United States Attorney Jason R. Dunn. “My office will work tirelessly to hold violent criminals accountable, especially when they threaten public servants.”
“Anyone who chooses to endanger USPS employees or our customers will bring to bear the full power of the U.S. Postal Inspection Service,” said Bill Hedrick, Inspector in Charge of the Denver Division of the U.S. Postal Inspection Service. “This investigation was a shining example of how Postal Inspectors utilized our strong working relationships with our federal, state and local law enforcement partners to bring a swift resolution to this case. Protection of USPS employees and customers is an integral part of our mission, and we are pleased to see justice was served with today’s sentence,” said Hedrick.
This case was investigated by the U.S. Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Aurora Police Department, Colorado Bureau of Investigation, Colorado Bureau of Investigation – Denver Forensic Science Laboratory, and the Denver Police Department.
Assistant United States Attorneys Rebecca Weber and Sarah H. Weiss prosecuted this case.
CASE NO. 18-cr-0556
Registered Nurse Sent to Federal Prison for Stealing Opioids from HospitalRead the Press Release
DENVER – United States Attorney Jason R. Dunn announces that registered nurse Kacye Unruh was sentenced to 24 months in federal prison for stealing opioids by deceit and for tampering with a consumer product. The defendant was sentenced today in Denver by United States District Court Judge William J. Martinez. At the conclusion of her prison sentence, she will serve 3 years of supervised release.
According to the plea agreement and facts presented at sentencing, Unruh was addicted to fentanyl and/or hydromorphone while she worked as a registered nurse in the acute dialysis department at the University of Colorado Hospital from May to July, 2016. During her employment, Unruh used her position as a nurse to access secure machines – called Pyxis machines – to steal opioids intended to treat patients’ pain. She used a needle and syringe to inject herself with those stolen opioids in a bathroom. She then re-filled the partially used opioid vials with saline solution and placed the tampered vials back into the Pyxis machines. Tests of certain vials showed that they contained substantially less of the active ingredients than expected or were tainted with substances other than the active ingredients expected to be present in those vials.
The evidence presented at sentencing caused the Court to infer that patients at the hospital received tainted opioids to treat their pain as a result of Unruh’s conduct. The Court concluded that Unruh violated the trust placed in her by the hospital and its patients.
“This defendant took potent pain medicine that was intended for patients and used it to satisfy her addiction,” said United States Attorney Jason Dunn. “Whatever else may happen in addressing the opioid crisis, we must ensure that patients in hospitals receive the appropriate medication they need to recover.”
“FDA will continue to aggressively pursue those health care practitioners who prey on vulnerable patients by removing their needed medications,” said Charles L. Grinstead, Special Agent in Charge, FDA Office of Criminal Investigations, Kansas City Field Office. “We remain committed to working with our law enforcement partners to protect the public health and bring to justice those who compromise patients’ health in this manner.”
Unruh was placed on investigative leave in July 2016, during an investigation of her conduct. Her license to be a professional nurse in Colorado was suspended that same month.
This matter was investigated by the Food and Drug Administration. Assistant United States Attorneys Jaime Pena and Peter McNeilly prosecuted this case.
CASE NO. 16-cr-0347
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Pueblo Company Owner Pleads Guilty to Falsifying Records to Obstruct a Federal InvestigationRead the Press Release
DENVER – United States Attorney Jason R. Dunn announces that Pueblo business owner Mary Catherine Grasmick pled guilty to falsifying records with the intent to obstruct a federal investigation. The plea was accepted by U.S. District Court Judge Daniel D. Domenico yesterday in United States District Court in Denver. Sentencing is scheduled for December 17, 2019.
In addition to the guilty plea in the criminal case, Ms. Grasmick and her company MASS Service and Supply, LLC also agreed to pay a combined $500,000 to settle civil allegations that they made false statements to the Small Business Administration in connection with government contracts awarded to MASS under the SBA’s Historically Underutilized Business Zone program (“HUBZone”).
The HUBZone program provides federal contracting assistance to qualified small businesses located in historically underutilized business zones. One of the requirements to qualify is that at least 35 percent of a business’s employees must reside in a HUBZone. If a business qualifies, it’s eligible to bid on contracts specifically set aside for HUBZone businesses and gets a price preference when bidding on federal contracts subject to open competition. In order to remain in the HUBZone program, a small business must apply for recertification by the Small Business Administration every three years.
As part of the civil settlement, MASS and Ms. Grasmick acknowledged that between 2009 and 2012, MASS engaged in a scheme to deceive the SBA with the intent to influence the SBA’s effort to determine if MASS was eligible to continue participating in the HUBZone program. Ms. Grasmick directed the scheme, created false documents, and allowed others to create false documents. MASS falsely claimed that some of its employees resided in HUBZones when in fact those employees lived elsewhere in non-HUBZone areas. During that same period, MASS applied for and was awarded a HUBZone set aside contract and a federal contract on which MASS benefited from the HUBZone program’s pricing preference.
The Small Business Administration decertified MASS from the HUBZone program in 2012. The government then conducted an investigation into MASS’s previous representations to the Small Business Association. During the course of that investigation, a special agent of the Defense Criminal Investigative Service requested that MASS provide information relating to MASS’s employees and their HUBZone residency status. According to the facts contained in the plea agreement, Ms. Grasmick caused spreadsheets with false information to be created and sent to the special agent. Ms. Grasmick knew that information in the spreadsheets was false and that the spreadsheets contained false entries, but she intentionally submitted the spreadsheets to the special agent with the intent to impede and obstruct the government’s investigation.
“Obstructing a federal investigation is a crime,” said United States Attorney Jason R. Dunn. “Getting to the truth matters in every case. We are grateful that our prosecutors and excellent law enforcement partners work tirelessly to get to the truth in every investigation -- especially those that concern how our taxpayer dollars are spent.”
“Individuals that provide false information to gain access to SBA’s HUBZone Program harm eligible small businesses and undermine economic development in HUBZone areas,” said Inspector General Hannibal ‘Mike’ Ware. “OIG will continue to aggressively pursue individuals that undermine Americans’ confidence in federal contracting programs designed to assist small businesses. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication to pursuing justice.”
"Today's outcome is a clear example of the continued dedication by the U.S. Army's Criminal Investigation Command's Major Procurement Fraud Unit (MPFU) and our law enforcement partners who work diligently every single day to root out fraud and criminal deception," said Frank Robey, Director of MPFU. "Our reach and capabilities are far and wide."
"This case demonstrates the commitment of the Defense Criminal Investigative Service (DCIS), along with our law enforcement partners, to aggressively pursue those who attempt defraud the United States Government and the Department of Defense," said Michael Mentavlos, Special Agent-in-Charge of the DCIS Southwest Field Office. "This type of criminal activity undermines the integrity of the Small Business Program and demonstrates the commitment of DCIS and our investigative partners in holding those accountable for their actions."
The United States Attorney’s office thanks the Defense Criminal Investigative Service, the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit, the Air Force Office of Special Investigations, the Department of Defense Office of Inspector General, the U.S. General Services Administration Office of the Inspector General, the SBA Office of Inspector General, and the Defense Contract Audit Agency for their diligent work on this investigation.
Assistant United States Attorney Bryan Fields is prosecuting the criminal case. Assistant United States Attorney Jasand Mock handled the civil investigation.
Case No. 19-cr-00308
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Statements of the United States Attorney and the FBI Special Agent in Charge on the Arrest and Charging of a Grand Junction Man for Making Threats to Kidnap and Murder WomenRead the Press Release
"Above everything else, our most important job is keeping Coloradans safe," said United States Attorney Jason R. Dunn. "Threats to the public always need to be taken seriously. We commend the quick thinking and fast work of the FBI and our federal, state, and local law enforcement partners, who make responding to potential threats a top priority."
"The arrest in this case highlights the success that can be obtained when federal, state, and local agencies combine resources to pursue potential threats to our community," said FBI Denver Special Agent in Charge Dean Phillips. "We extend our gratitude to our law enforcement partners and the U.S. Attorney's Office for working together to quickly address this matter."
The defendant in this case is charged by a criminal complaint. The charge in the complaint is an allegation and the defendant is presumed innocent until proven guilty.
CASE NO. 19-mj-198
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Australian National Headed to Prison for Money Laundering through BitcoinRead the Press Release
DENVER – United States Attorney Jason Dunn announces that Emilio Testa, age 32, an Australian residing in Boulder, Colorado, will now be going to prison after being sentenced for money laundering with Bitcoin. United States District Court Judge Raymond P. Moore sentenced Testa to serve one year and a day in prison, followed by twelve months on supervised release.
According to the stipulated facts contained in the plea agreement as well as facts presented at yesterday's sentencing, beginning in approximately April 2016, Testa was in contact with undercover agents about the need to convert U.S. dollars into Bitcoin because he preferred not to use banks or deal with taxes. On two occasions in 2016, the defendant and undercover agents conducted money exchanges. Testa and the undercover agents remained in contact throughout 2016 and 2017. Subsequently in March 2018, Testa contacted an undercover agent about selling Bitcoin for U.S. dollars. During this meeting, Testa agreed to exchange Bitcoin for cash from narcotics proceeds. He completed a second such transaction in May 2018, while understanding that the transaction would conceal or disguise the nature, location, source, ownership or control of money he believed to be the proceeds of narcotics trafficking.
“Trying to hide criminal proceeds in Bitcoin? We’re going to find you,” said United States Attorney Jason Dunn. “Working in tandem with our federal partners, our prosecutors are leading the fight against cryptocurrency crimes.”
“Criminals may be sophisticated enough to use cryptocurrency but they’re not smart enough to stay out of jail, as this conviction shows,” said Steven Cagen, Special Agent in Charge, HSI Denver. “Our agents will continue to shine a light on criminals who use the dark web and Bitcoin to try and conceal their illegal activity.”
"Investigating cyber-enabled schemes is a top priority for IRS-CI and our Special Agents are experts in conducting complex financial investigations, including those committed on the ‘dark web’ with virtual currency,” said Acting IRS-Criminal Investigation Special Agent in Charge Kevin Caramucci. “This sentence shows those choosing to conduct illegal activities, including laundering narcotics proceeds, on the dark web are not hidden from law enforcement’s radar.”
This case was investigated by Homeland Security Investigations and Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Hetal J. Doshi.
CASE NO. 19-cr-00199-RM
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Colorado Springs Man Sentenced to Eight Years in Federal Prison for Being a Felon in Possession of a FirearmRead the Press Release
DENVER – United States Attorney Jason Dunn announced that Rodney Paul Gonzales, age 53, of Colorado Springs, Colorado, was sentenced to 96 months in federal prison, followed by 3 years on supervised release for being a felon in possession of a firearm. Gonzales was initially charged by criminal complaint and was subsequently indicted by a federal grand jury on September 11, 2018. He pled guilty before U.S. District Court Senior Judge Robert E. Blackburn on March 20, 2019, and was sentenced yesterday. The defendant appeared at the sentencing hearing in custody and was remanded at its conclusion.
According to the stipulated facts contained in Gonzales’s plea agreement as well as facts presented at sentencing, Colorado Springs Police Department officers encountered the defendant in an apartment complex parking lot after receiving a 911 call from a concerned citizen. When officers arrived, they found the defendant, who was heavily intoxicated, passed out in a vehicle with the driver’s side door open. All of the other doors were locked. The defendant was spread out from the driver’s seat, over the top of the center console, onto the passenger’s seat. Officers could see a handgun lying immediately next to him on the passenger’s seat. The firearm, which had an obliterated serial number, was loaded with four rounds in the magazine and one round in the chamber. Within easy reach of the defendant, in the center console, officers located an additional 10 rounds of ammunition as well as a small amount of suspected crack cocaine and a crack pipe.
The officers removed the firearm from the vehicle without injury to any officer, bystander, or the defendant. The defendant’s prior felony convictions include serious crimes, such as attempted second-degree burglary, second-degree assault, violent crime with the use of a weapon, and felony menacing with a weapon.
“Mr. Gonzales had eleven chances to change his ways and should have never been anywhere near a loaded gun,” said United States Attorney Jason Dunn. “Our ability to get significant prison sentences under the federal Felon in Possession law is a tool that we gladly wield to help our local law enforcement partners get particularly violent or repeat offenders off the streets.”
“This is another example of our successful partnership with the Colorado Springs Police Department,” said Denver ATF Special Agent in Charge David Booth. “We are proud to have worked with the department to keep our communities safe.”
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 Emily Treaster.
This case is part of Project Safe Neighborhoods (PSN). Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
CASE NUMBER: 18-cr-413
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Denver Men Sentenced to more than 20 Years in Federal Prison for Robberies and CarjackingsRead the Press Release
DENVER – United States Attorney Jason R. Dunn announced that two Denver men were sentenced to more than 20 years, each, for violent robberies and two carjackings that occurred in November 2017. Thierry Shaqur Roberson was sentenced to serve 252 months (21 years) in federal prison for two liquor store robberies and a bank robbery. The other defendant, Blake Aaron Newton was sentenced to serve 238 months (24 years) in federal prison for two carjackings and a convenience store robbery. Both defendants appeared at their sentencing hearings in custody last week, and were remanded at its conclusion.
According to court documents and evidence presented during sentencing of the first case, Thierry Roberson robbed John’s Liquor Store in Denver on November 17, 2017, Pat’s Liquor Store on November 19, 2017, and then, ten days later, robbed the Sunflower Bank. Roberson used a gun in each robbery with other co-defendants. During the Sunflower Bank robbery, Roberson wore a blonde wig, a long purple dress with black pants, and a black stocking cap. Tellers gave the bank robbers thousands of dollars in cash, along with a G.P.S. tracking device. Denver police responded, tracking the G.P.S. device to an alley. SWAT and K-9 officers conducted a yard-to-yard search and found Defendant Roberson and a co-defendant hiding in some shrubbery on South Ogden Street.
In the second matter, Blake Newton carjacked a food delivery driver on November 5, 2017, in Cherry Creek. Newton pointed a silver handgun at the driver, demanded money, and took the driver’s car. Two days later, Newton got into a car accident with his girlfriend and newborn child. He got out of the crashed car and pointed a gun at a couple driving a tan Lexus sedan, ordering them out of the car and onto the ground. Newton’s girlfriend put a car seat into the Lexus sedan. Newton, his girlfriend, and their baby then sped away in the Lexus sedan. The next day, on November 8, 2017, Newton robbed a Circle K convenience store in Greenwood Village. He pointed a silver and black handgun at the cashier who handed him $69.00. Newton fled in a Lexus sedan. Law enforcement caught up with Newton ten days later in Council Bluffs, Iowa, where they were able to detain him after a struggle.
“The defendants in these cases became more brazen and more dangerous with each passing crime,” said United States Attorney Jason Dunn. “I’m thankful to our federal and local law enforcement partners who were able to get these men off the streets and make our communities safer.”
“The recent sentencings of Blake Aaron Newton and Thierry Roberson illustrate the FBI’s commitment to working with its law enforcement partners to address violent crime in our community, including bank robberies,” said FBI Special Agent in Charge Dean Phillips. “These investigations, which spanned several months, were a collaborative effort between local and federal law enforcement. The community is safer with these suspects behind bars. These sentencings should send a message to those contemplating bank robbery that they will be aggressively investigated and prosecuted to the full extent of the law.”
These cases were investigated by the Denver Division of the FBI. The defendants were prosecuted by Assistant U.S. Attorney Kurt Bohn.
Sentencing in the Thierry matter was conducted by U.S. District Court Judge R. Brooke Jackson. Sentencing in the Newton matter was conducted by U.S. District Court Judge Christine M. Arguello.
CASE NUMBERS: 17-cr-483 and 17-cr-486
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Grand Junction Jury Convicts Gunnison Man for Destroying Acres of Federal Land with a BulldozerRead the Press Release
GRAND JUNCTION -- A Grand Junction Jury took less than an hour of deliberation to convict Robert Timothy Allen of depredation of federal property. The guilty verdict was announced on August 14, 2019, in the United States District Court for the District of Colorado.
Defendant Allen was indicted in 2016 and charged for damaging federal land in Saguache County between July 24, 2013, and May 22, 2014. After indictment, Allen evaded arrest for nearly two years before being arrested and ultimately detained in 2018. According to evidence presented at this week’s trial, Allen dug-up about three acres of federal land with a bulldozer. While he claimed to be lawfully prospecting federal land, he received four official notices from the Bureau of Land Management and the Colorado Division of Reclamation, Mining, and Safety that he was violating the law and directing him to stop. After refusing to stop violating the law, he was prosecuted by the United States Attorney’s Office.
“Colorado is known for its beautiful scenery, and our public lands are a treasure for all Coloradans,” said United States Attorney Jason Dunn. “Together with our federal partners, my office will ensure that these public lands are protected so that we all may enjoy them for years to come.”
“The BLM appreciates the coordinated effort with the Department of Justice in resolving this case,” said BLM Colorado State Director Jamie Connell. “Managing our public lands and its public resources are obligations we take seriously.”
Sentencing is currently scheduled for November 4, 2019.
Assistant United States Attorneys Jeremy Chaffin and Kelly Winslow prosecuted this matter.
Case No. 16-cr-0169
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Denver Man Convicted of Large-Scale Cocaine TraffickingRead the Press Release
DENVER – Michael Benitez-Lopez, aka “Mikey” aka “Money Mike”, age 36 of Denver, Colorado, was found guilty late Friday, August 9, 2019, on one count of conspiracy to distribute cocaine, one count of cocaine distribution, and one count of use of a telephone in furtherance of drug trafficking.
According to court documents and evidence presented at trial, from March 2017, through April 1, 2018, Benitez-Lopez received multiple kilograms of cocaine as part of a large scale drug trafficking organization that was responsible for the importation of more than 200 kilograms of cocaine during the course of the conspiracy. The defendant then sold multi-kilogram quantities of cocaine to lower level dealers throughout Metro Denver.
“Cocaine continues to be a serious problem in Metro Denver and in Colorado,” said U.S. Attorney Jason Dunn. “Working with the DEA and other law enforcement partners, we are targeting these large-scale traffickers and their networks. Getting Mr. Benitez-Lopez off the streets and in prison for at least 10 years sends a strong signal to like-minded criminals that we will seek lengthy sentences for traffickers that try to use Colorado as a base to pedal their poison.”
“The DEA continues to see an increase in the distribution and abuse of cocaine along the Front Range,” said Special Agent in Charge of DEA’s Denver Division William McDermott. “The investigation and prosecution of Mr. Benitez-Lopez on serious cocaine distribution charges is indicative of DEA’s commitment to work with the U.S. Attorney and law enforcement partners, and prioritize investigative resources towards dismantling the most significant illicit drug networks operating in Colorado. “
Benitez-Lopez faces not less than 10 years, and up to life in federal prison.
The trial lasted three days before Chief U.S. District Court Judge Philip A. Brimmer. The jury deliberated for two hours before reaching their guilty verdicts. Benitez-Lopez is scheduled to be sentenced by Judge Brimmer on November 1, 2019.
This case was investigated by the Drug Enforcement Administration. The defendant was prosecuted by Assistant U.S. Attorneys Stephanie Podolak and Zachary Phillips.
CASE NUMBER: 18-cr-00328
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CEO of Denver Technology Company Sentenced to over 6 years in Federal Prison for Obstructing and Defrauding the IRS as Well as Stealing Money from Employee Healthcare and 401(K) PlansRead the Press Release
DENVER – Riordan A. Maynard, age 50, of Centennial, Colorado, was sentenced today by U.S. District Court Judge Christine M. Arguello to serve 78 months (6 ½ years) in federal prison for corruptly impeding the administration of tax laws, conspiracy to defraud the United States, conspiracy to steal or embezzle employee benefit plan and healthcare funds, and theft or embezzlement in connection with healthcare. Maynard was found guilty of all counts charged on May 14, 2019 following a seven-day jury trial. The jury deliberated for about two hours before the sentence was handed down. He appeared at the sentencing hearing free on bond, and was ordered to report to a Bureau of Prisons facility once one is designated.
According to court records and evidence presented at trial, Maynard served as the Chief Executive Officer of two communications technology companies located in Denver, Colorado, Touchbase USA (TBUSA) and its successor company Touchbase Global Services, Inc. (TBGSI). TBGSI offered a 401(k) savings plan to the employees of both TBGSI and TBUSA. Maynard conspired with a co-conspirator to steal funds that employees had directed TBGSI to withhold from their paychecks for 401(k) plans, ultimately stealing over $68,000 of 401(k) for use on other TBGSI expenses.
TBGSI also claimed to offer its employees a healthcare benefit program under which the company would contribute $600 per month to each participant’s premiums. Participants were responsible for the remainder of the premium cost. TBGSI automatically deducted the participant contribution from each participant’s paycheck. TBGSI was then responsible for forwarding the full premium to the health insurance carrier, but ultimately never did so. Maynard was convicted of stealing over $50,000 in funds that employees had withheld from their paychecks for their health insurance plans. By June 2017, TBGSI owed over $100,000 to the health insurance carrier, which then terminated coverage for the employees. Numerous employee healthcare claims were subsequently denied, totaling over $135,000. The judge ordered that Maynard pay restitution to employees for the stolen premiums and the denied medical claims.
TBUSA and TBGSI were also required to pay payroll taxes to the IRS. From early 2012 through September 2017, Maynard corruptly impeded the IRS’s attempts to collect these taxes. Maynard closed TBUSA and reopened it as TBGSI to avoid paying more than $2.5 million in unpaid payroll taxes owed to the IRS. TBGSI then ran up an additional unpaid payroll tax liability of over $2.4 million. Maynard transferred funds from business accounts to Maynard’s personal account to avoid IRS levies. And he conspired with a co-conspirator to falsely tell TBGSI customers that IRS levies they had received were in error, in an effort to prevent customers from sending money to the IRS.
“Thanks to the hard work of this office, the Department of Labor and IRS Criminal Investigation, the defendant will live in a small cell for over 6 years for committing this complex economic crime,” said U.S. Attorney Jason Dunn. “As a result of this prosecution, those who were cheated of their benefits will receive justice.”
“IRS-Criminal Investigation enforces the nation's tax laws, and takes particular interest in cases where someone, for their own personal benefit, has taken what belonged to others,” said IRS-Criminal Investigation Acting Special Agent in Charge Kevin Caramucci. “The victims are not only the taxpayers, but also the individuals and entities who suffer the financial harm. Today’s sentencing of Riordan Maynard emphasizes our continued pursuit of those who use fraudulent methods in an attempt to corrupt our nation’s tax system.”
“Prosecuting those who misuse funds from employee benefit plans is a vital aspect of this agency’s mission to protect the rights of America’s workers,” said Jim Purcell, Department of Labor’s Employee Benefits Security Administration’s (EBSA) Regional Director in Kansas City. “EBSA will continue to aggressively investigate such crimes on behalf of workers nationwide.”
“Riordan Maynard embezzled over $100,000 in employee healthcare and retirement funds by depriving participants of money they set aside to pay for their health care and retirement expenses. We will continue to work with our law enforcement partners and the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration to protect the integrity of DOL’s benefit programs,” said Quentin Heiden, Acting Special Agent-in-Charge, Los Angeles Region, U.S. Department of Labor Office of Inspector General.
This matter was investigated by the Department of Labor Office of Inspector General, the Internal Review Service Criminal Investigation, and the Department of Labor’s Employee Benefits Security Administration. This matter was prosecuted by Assistant U.S. Attorneys Rebecca S. Weber and Aaron M. Teitelbaum.
Man Pays VA Employee $1 Million in Illegal GratuitiesRead the Press Release
DENVER – Roland Vaughn, age 58, of Clearwater, Florida, pled guilty late last week to paying illegal gratuities of more than a million dollars to an employee with the Department of Veterans Affairs (“VA”). In exchange, Vaughn received referrals for his company, Legacy Home Health, which in turned billed the VA more than $3 million for ineligible home health services. The announcement was made by U.S. Attorney Jason Dunn, Special Agent in Charge Gregg Hirstein of the Veterans Affairs Office of the Inspector General, Dean Phillips, Special Agent in Charge of the Denver FBI, and Acting Special Agent in Charge Kevin Caramucci of the IRS—Criminal Investigation.
According to the stipulated facts in the defendant’s plea agreement, Vaughn and the VA employee were long-time friends when, in September 2017, they worked together to help Vaughn establish a company called Legacy Home Health (“Legacy”). The VA employee told Vaughn how to set the company up to submit claims for home health services to the VA’s Spina Bifida Health Care Benefits Program. For certain veterans who have children with spina bifida, the program provides for health services in the home.
The VA employee incorrectly told program beneficiaries that their family members and friends could be paid for providing home health services to the beneficiaries, even though these individuals were not “authorized providers” as required by VA regulations because, with only one exception, they did not hold certified nursing assistant licenses or other medical licensure. The VA employee told these individuals they simply had to sign up through Vaughn’s company – Legacy – the health agency that would bill for their services.
Legacy then submitted claims for home health services on behalf of the family members and friends, billing the VA as much as $88 an hour, but paying the individuals approximately $16 an hour. The VA, in turn, paid Legacy $3,039,761.36 for such claims. In exchange for the referrals to Legacy, Vaughn paid the VA employee $1,007,205.00 in illegal gratuities.
Vaughn’s plea agreement requires him to pay restitution to the VA in the full amount of the illegal payments he made to the VA employee. Vaughn’s sentencing is set for December 6, 2019.
This case was investigated by the VA’s Office of the Inspector General as well as the FBI and IRS-CI. The defendants are being prosecuted by Assistant U.S. Attorney Anna Edgar.
The VA employee referenced in this press release has been indicted by a federal grand jury. The charges pending against that defendant are allegations, and that defendant is presumed innocent unless and until proven guilty.
Large Scale Drug Trafficking Organization Taken Down in Colorado SpringsRead the Press Release
DENVER – Fourteen individuals have been charged and arrested for illegal drug distribution as well as firearm crimes that took place in Colorado Springs, announced U.S. Attorney Jason Dunn, FBI Denver Division Special Agent in Charge Dean Phillips, Colorado Springs Police Chief Vince Niski and El Paso County Sheriff Bill Elder. In addition to the arrests, agents and officers seized methamphetamine, heroin, cocaine, fentanyl, cash and firearms.
According to court records, in 2018, detectives with the Colorado Springs Metro Vice, Narcotics, and Intelligence Division (Metro VNI) initiated an investigation into individuals distributing illegal narcotics to patrons at various bars and nightclubs in downtown Colorado Springs and in unincorporated El Paso County, Colorado. Due to the scope of this investigation, Metro VNI requested assistance from the Federal Bureau of Investigation (FBI) Southern Colorado Safe Streets Task Force. From mid-2018 to early 2019, numerous arrest and search warrants were authored and executed. The following items were seized as part of this investigation:
- Approximately 70 pounds of methamphetamine
- Approximately 15 pounds of heroin
- Approximately 4 pounds of cocaine
- Approximately 3,100 fentanyl pills
- Approximately $140,000.00 in US currency
- 29 Firearms (including: semi -automatic handguns, assault rifles and shotguns)
Those arrested include:
United States v. Jesse Santiago Anaya et al (19-cr-234-PAB) (4 defendants)
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- 1,413 grams of methamphetamine
- 263.2 grams of cocaine
- 89.3 grams of heroin
- 13 guns
United States v. Missael Leyva Castro (19-cr-172-CMA) (1 defendant)
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- 3,703 grams of methamphetamine
- 210 grams of heroin
- 1 gun
United States v. Cristian Diaz De Leon Beltran (19-cr-071-RM) (1 defendant)
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- 1,764 grams of heroin
- 5,868 grams of methamphetamine
- 1 gun
United States v. Maria Ruiz Del Carmen Gutierrez et al (19-cr-236-REB) (3 defendants)
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- 12,431 grams of methamphetamine;
- 2,796 grams of heroin;
- 1,097.4 grams of cocaine
- 8 guns
United States v. Fabian Perales (19-cr-053-RBJ) (1 defendant)
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- 3,113 grams of methamphetamine
- 1,470 grams of heroin
- 3,234 tablets of fentanyl (approximately 330.838 grams) (1 defendant)
United States v. Jeff Skelton (19-cr-030-WJM)
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- 1,909 grams of methamphetamine
- 1,909 grams of methamphetamine
United States v. Octavio Solis-Garcia (19-cr-103-WJM) (1 defendant)
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- 70 grams of cocaine
- 2 guns
United States v. Daniel James Ingham (19-cr-175-WYD) (1 defendant)
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- 20 grams of heroin
- 1 gun
“This investigation proves that when it comes to stopping major drug trafficking in Colorado, great federal-state partnerships make great cases,” said U.S. Attorney Jason Dunn. “The Colorado Springs Police Department, the El Paso County Sheriff’s Office and the FBI did terrific work and the results speak for themselves.”
“The FBI’s Safe Streets Task Force, working in conjunction with the Colorado Springs Police Department and El Paso County Sheriff’s Office, brought criminals to justice for weapons and drug-related crimes,” said FBI Denver Special Agent in Charge Dean Phillips. “This positive outcome reflects how collaboration makes us a formidable force in ensuring public safety.”
This case is being investigated by the FBI, the Colorado Springs Police Department’s Metro Vice Narcotics and Intelligence Division (VNI). The defendants are being prosecuted by Assistant U.S. Attorneys Peter McNeilly and Justin DeRosa.
Colorado Tax Defier Convicted of Tax EvasionRead the Press Release
A Colorado tax defier was convicted of tax evasion yesterday by a federal jury in Denver announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and United States Attorney Jason R. Dunn for the District of Colorado.
According to court documents and evidence presented during the one-week trial, Lawrence Martin Birk founded a sole proprietorship, Tarryall River Log Homes LLC, in 2000. He ran the company, which sold and built log homes. For more than twenty years, Birk did not voluntarily pay federal income taxes. After the Internal Revenue Service (IRS) began collection efforts, including visiting Birk at his home, he hired a tax firm to prepare eight years’ worth of delinquent tax returns. However, Birk concealed pertinent information from the tax firm, including over $400,000 of retirement distributions that he funneled through a sham company. After filing his tax returns, which omitted the retirement income, Birk did not pay what the returns claimed was due and owing. Instead, he sent the IRS threatening correspondence that espoused the frivolous tax arguments of known tax defier organizations, including the “We The People” foundation and the “Tax Honesty” movement.
After being notified that the IRS intended to seize money from his bank accounts for taxes owed, Birk took steps to shield his money against the IRS’ collection efforts. Immediately or shortly after depositing funds into his bank account, Birk purchased cashier’s checks to reduce his balance and impede the IRS’ ability to seize the money. Birk’s outstanding tax liabilities, including taxes, interest, and penalties, were over $2 million for 1998 to 2005. He has not filed returns or made any tax payments for the 2006 through 2018 tax years.
Principal Deputy Assistant Attorney General Zuckerman and United States Attorney Dunn commended special agents of IRS-Criminal Investigation, who conducted the investigation, as well as Department of Justice Tax Division Assistant Chief Elizabeth C. Hadden and Trial Attorney Christopher Magnani, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Greeley Company Agrees to a $214,706 Payment to Resolve Allegations that It Removed Federally-Owned Oil and Gas Without PermissionRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announced today that Mineral Resources, Inc., an oil and gas company located in Greeley, Colorado, has agreed to a $214,706 payment to resolve allegations that it drilled an oil and gas well in Weld County, Colorado, to extract federal minerals without seeking and obtaining the required federal leases and permits. Matt Kirsch, Attorney for the United States, acting under authority conferred by 28 U.S.C. § 515, made the announcement on behalf of the office.
Before a company may drill for oil, gas, or other minerals owned by the United States and managed by the United States Bureau of Land Management (“BLM”), a company must obtain a lease from BLM to pay for the minerals. It must also obtain a BLM-issued permit to drill an oil and gas well. The United States contends that in 2012, Mineral Resources, Inc. (“MRI”) drilled an oil and gas well into railroad right-of-way C668, which is located north of Greeley, Colorado. The minerals beneath the railroad right-of-way belonged to the United States. Before drilling, MRI failed to seek and obtain a federal lease, or to file, and obtain approval for, an application for permit to drill with the Bureau of Land Management. Federal investigators, working with the United States Attorney’s Office, pursued a mineral trespass investigation against MRI but did not determine that the trespass was willful.
Ron Gonzales, Special Agent in Charge of the U.S. Department of Interior, Office of Inspector General's Energy Investigations Unit, stated, “This settlement is the direct result of multiple federal agencies working collaboratively and diligently to ensure that mineral resources removed from public ownership are properly accounted for on behalf of the American taxpayers.”
BLM Office of Law Enforcement and Security, Acting Deputy Director Shannon Tokos adds, “This case demonstrates the Bureau of Land Management Law Enforcement program's support of the Secretary'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.”
This case was handled by Assistant U.S. Attorney Andrea Wang.
Boulder Drug Dealer Sentenced to 8 Years in Federal Prison for Distributing Illegal Drugs and Carrying Firearm for Drug TraffickingRead the Press Release
DENVER – Joseph Meyer Platt, age 24, of Boulder, Colorado, was sentenced late last week by U.S. District Court Judge William J. Martinez to serve 96 months (8 years) in federal prison for possession of a controlled substance with intent to distribute and carrying a firearm during and in relation to a drug trafficking crime, announced U.S. Attorney Jason Dunn and ATF Denver Division Special Agent in Charge David Booth. Platt appeared at the hearing in custody and was remanded at its conclusion.
According to the stipulated facts contained in the plea agreement, on June 6, 2017 members of the Boulder County Narcotics Task Force conducted a search of Platt’s residence. It was determined that the defendant used the mail to distribute narcotics from his residence and then to receive payment. During the search, law enforcement recovered 567 grams of cocaine, 1161 grams of MDMA (Ecstasy), other narcotics, $9,721 in U.S. currency, a .22 caliber semi-automatic pistol, two 9 mm caliber semi-automatic pistols, a 12 gauge shotgun and 2,729 rounds of various types of ammunition.
“The defendant is a significant drug dealer,” said U.S. Attorney Jason Dunn. “Removing him and his drug house from Boulder is great win for the local community.”
“ATF and our law enforcement partners’ commitment to protecting our communities will never waver,” said ATF Denver Special Agent in Charge David Booth. “We will continue to combat drug trafficking and violent crime wherever found and with all resources at our disposal.”
This case was investigated by the ATF with substantial assistance from the Boulder County Narcotics Task Force. The defendant was prosecuted by Assistant U.S. Attorney Kurt Bohn.
Bloods Gang Member Sentenced to 30 Years in Federal Prison After Advanced Ballistic Technology Ties Shell Casings at Murder Scenes to Defendant’s FirearmsRead the Press Release
DENVER – David Scott, age 28, of Denver, was sentenced late last week by Chief U.S. District Court Judge Philip A. Brimmer to serve 360 months (30 years) in federal prison for using firearms during crimes of violence, specifically two murders, announced U.S. Attorney Jason Dunn and ATF Denver Special Agent in Charge David Booth. Scott appeared at the sentencing hearing in custody, and was remanded at its conclusion.
Scott was identified as the individual who was responsible for multiple shootings, including 2 murders, in part because of ATF and Denver’s NIBIN ballistic technology, where spent bullet casing found at the scene are processed and matched to a specific gun. Law enforcement continue to investigate Scott to determine if he was involved in other gang related murders.
According to stipulated facts contained in Scott’s plea agreement, Scott is a member of the Park Hill Crenshaw Mafia Gangster (“CMG”) Bloods gang, which is a criminal organization whose members and associates engage in acts of violence, including murder, attempted murder, robbery, extortion, and narcotics distribution. Park Hill CMG Bloods gang members and associates use intimidation, violence, and threats of violence in order to preserve, expand, and protect their claimed territory, as well as to enhance the reputation of an individual member or associate, as well as the organization, within the community.
The Park Hill CMG Bloods have an ongoing feud with several Denver street gangs, including various sets of the Crips gang. As part of this feud, on November 23, 2014, the defendant, with other Park Hill CMG Bloods gang members, traveled to the Beach Nightclub where a large number of Crip gang members were anticipated to attend a concert. The defendant and fellow Park Hill CMG Bloods gang members went to the nightclub to initiate a conflict with Crip gang members. The defendant and other Park Hill CMG Bloods gang members possessed firearms in anticipation of this conflict. As Crip gang members left the nightclub, the defendant shot another gang member at close range, killing him. Once Scott fired his weapon, both Crip and Park Hill CMG Bloods gang members began firing at each other. Three additional people were shot in this firefight and law enforcement recovered thirty expended ammunition casings from the parking lot.
Bullet shells collected at the scene were processed through the ATF’s NIBIN (National Database of Digital Images Of Spent Bullets and Cartridge Cases) which matched up with Scott’s firearm. NIBIN is a national database of digital images of spent bullets and cartridge cases that were found at crime scenes or test-fired from confiscated weapons. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) manages the system and provides the equipment to crime labs around the country, including the Crime Gun Intelligence Center located within the Denver Crime Lab. A firearms examiner uses ballistic imaging to convert the spent rounds into two- or three-dimensional digital images that are uploaded into NIBIN.
On the evening of November 24, 2014 through the early morning hours of November 25, 2014, the defendant drove to various locations in the Denver metro area with a Crip gang member. They engaged in at least two street robberies that night. At one point, the men traveled to a motel where the defendant met with various Crip members. When the defendant left the motel, he drove the other man to a location to be dropped off. When the man exited the vehicle, the defendant followed him. Scott retrieved a firearm from his waistband and shot the man, killing him. Law enforcement recovered two expended firearm casings from the area around the dead man’s body. These shell casings came from the same firearm used by the defendant to kill the other man the day before.
“The defendant deserves every day he will serve in prison because of his callous disregard for human life combined with his life as a member of a violent criminal street gang,” said U.S. Attorney Jason Dunn. “Thanks to the ATF, our local law enforcement partners as well as prosecutors in the U.S. Attorney’s Office, the many victims of David Scott have found justice.”
“ATF and our law enforcement partners will use every resource available to protect our communities from violence,” said ATF Denver Special Agent in Charge David Booth. “These partnerships combined with NIBIN are an extremely effective tool to protect the public and fight violent crime.”
This case was investigated by the ATF with substantial assistance from the Denver Police Department and RAVEN (the Regional Anti-Violence Enforcement Network). The defendant was prosecuted by Assistant U.S. Attorney Celeste Rangel with assistance from Assistant U.S. Attorneys Jeremy Sibert, Rebecca Weber, and Emily Treaster.
Ute Mountain Ute Man Found Guilty of RapeRead the Press Release
DURANGO – Wambli Mills, age 23, of Towaoc, Colorado, was found guilty today of federal sexual assault charges following a four-day trial before U.S. District Court Judge Robert E. Blackburn, announced U.S. Attorney Jason Dunn. Mills appeared at trial in custody and was remanded at the trial’s conclusion.
Mills was indicted by a federal grand jury on September 11, 2018, for one count of Sexual Abuse of an Incapable Victim and one count of Aggravated Sexual Abuse within the exterior boundaries of the Ute Mountain Ute Indian Reservation, in Towaoc, Colorado. According to court documents, as well as facts presented during trial, Mills used physical force to sexually assault an intoxicated friend at a relative’s house. The victim escaped and made an immediate report to the police. Law enforcement located Mills hiding in a nearby field with the victim’s leggings wrapped around his neck and the victim’s underwear on his person. DNA testing conducted by the FBI showed the victim’s DNA on the interior of Mills’ underwear.
Mills will be sentenced by Judge Blackburn on October 7, 2019, in Durango, Colorado. Mills faces up to life in prison. He has also been indicted in a separate case for Attempted Murder of a Federal Officer related to an incident from April 8, 2018. That case is pending.
“Sexual violence on the Ute Mountain Ute Indian Reservation will not be tolerated,” said U.S. Attorney Jason Dunn. “Our office is committed to prosecuting anyone who commits sexual assault within Indian Country. Wambli Mills thought he could get away with a brutal assault. He was wrong.”
This case was investigated by Bureau of Indian Affairs with support from the FBI. The defendant was prosecuted by Assistant U.S. Attorneys Jeff Graves, R. Josh Player, and Peter McNeilly.
Former El Paso County Swim Coach Pleads Guilty to Sexual Abuse of A MinorRead the Press Release
DENVER – Walter James Winkler, age 48, formerly of El Paso County, Colorado, pled guilty this week to sexual abuse of a minor, announced U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips. The guilty plea was before Chief U.S. District Court Judge Philip A. Brimmer. Winkler appeared at the hearing free on bond, which was continued at the hearing’s conclusion. He will be sentenced by Chief Judge Brimmer on September 27, 2019.
According to the stipulated facts contained in the plea agreement, between 1994 and 2018, Winkler worked as a youth swimming coach at Fort Carson Army Base in Colorado, Warren Air Force Base in Wyoming, and East High School in Wyoming. On November 10, 2017, Swimming authorities received an anonymous online tip which was forwarded to the U.S. Center for SafeSport in Colorado Springs. The tip alleged that Winkler had inappropriate sexual relationships with two minors when he was a coach at Fort Carson in the 1990s.
According to the plea agreement, Winkler first started by making sexual comments to a 12 year old minor and getting “touchy feely” when he started coaching her. Then one day he asked the girl to stay late after practice. Winkler then sexually assaulted her. There were additional alleged incidents of sexual assault from approximately 1994 through 1998. He also had sex with another girl at the Fort Carson pool during this same time period. The U.S. Center for SafeSport suspended Winkler from coaching on February 21, 2018. He resigned as a high school swimming coach in Cheyenne shortly thereafter.
“Sexual abuse of a minor by a person in a position of trust is a horrific crime that we will pursue aggressively every time,” said U.S. Attorney Jason Dunn. It is possible there were more victims, perhaps in Colorado or Wyoming. If anyone has information about inappropriate sexual contact by Winkler during his coaching career please call the FBI at 303-629-7171.
This case was investigated by the FBI with support from a number of local law enforcement agencies.
Colorado Springs Man Pleads Guilty to Stealing Thousands of Pills from Area PharmacyRead the Press Release
DENVER – Dewayne Scott, age 21, of Colorado Springs, Colorado, pled guilty this week to pharmacy burglary before U.S. District Court Judge Raymond P. Moore, announced U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips. Scott appeared at the change of plea hearing on bond but was remanded at its conclusion. He is scheduled to be sentenced by Judge Moore on September 26, 2019.
According to the stipulated facts contained in the plea agreement, on August 22, 2017, at approximately 3:08 a.m., Scott and four others burglarized The Medicine Shoppe Pharmacy on North Wahsatch Street in Colorado Springs. In total, Scott and others stole: 540 Oxycontin pills, 2569 Hydrocodone pills, 69 Percocet pills, 120 Morphine Sulphate pills, 440 Tramadol pills, 618 Hydromorphone pills, 340 Adderal pills, 145 Oxycodone pills, 676 Oxymorphone pills and 1277 Dextroamphetamine pills. The value of these stolen pills is approximately $18,029. Scott and others also stole other types of medication. In total the entire loss to the pharmacy was $27,298.
While conducting an investigation into the theft investigators found surveillance footage showing Scott leaving the pharmacy carrying a white trash can filled with pill bottles. Scott then tripped over a parking lot divider while fleeing the pharmacy. Scott picked up many of the pill bottles that fell on the ground and fled the scene.
On October 18, 2017, law enforcement officers arrested Scott pursuant to a state arrest warrant for the commercial burglary of Two Men and a Truck, also in Colorado Springs, committed on October 9, 2017. That same day the FBI interviewed Scott. It was determined that Scott was partly responsible for The Medicine Shoppe Pharmacy burglary. Agents further determined that Scott did not receive his expected cut from the sale of the stolen pills because he had spilled and lost some of the pills after tripping and falling while fleeing the scene.
Scott was first charged by Criminal Complaint on March 7, 2019. He was indicted by a federal grand jury, formalizing the charges on March 19, 2019. He pled guilty on July 10, 2019.
This case was investigated by the FBI with substantial assistance from the Colorado Springs Police Department. The defendant is being prosecuted by Assistant U.S. Attorney Jason St. Julien.
United States Reaches $1,275,000 Settlement with Power Company for Beaver FireRead the Press Release
DENVER – The United States has reached a settlement with the San Miguel Power Association to pay $1,275,000 for damages incurred by the United States in suppressing the Beaver Fire, announced Matt Kirsch, Attorney for the United States, acting under authority conferred by 28 U.S.C. § 515.
The Beaver Fire was a wildland fire that ignited on May 22, 2010, when two cottonwood trees fell across an electrical power line owned and operated by San Miguel Power. The fire burned approximately 2,600 acres of public and National Forest System lands near Norwood, in San Miguel County, Colorado. The United States incurred substantial costs in suppressing the fire.
The settlement resolves the United States’ allegations that the fire was caused by San Miguel Power Association’s failure to properly inspect the area adjacent to its power lines. The United States alleges that the trees that fell across the line were visibly decayed and should have been identified as hazards and removed prior to the ignition of the Beaver Fire. The United States’ position is that the San Miguel Power Association failed to properly train its employees and contractors and failed to put in place an adequate procedure or program to identify decayed trees that pose a fire risk. The San Miguel Power Association denies all liability or wrongdoing for causing the fire.
“Today’s recovery helps offset the financial cost to the public of fire suppression,” said BLM Colorado State Director Jamie Connell. “On behalf of the many firefighters who worked on these and other fires in the West, we appreciate a resolution that benefits the public, the public’s land, and the multiple uses public lands support in Colorado.”
The United States Attorney’s Office acknowledges the cooperation and teamwork demonstrated by governmental entities involved in today’s recovery. Special thanks are extended to the Bureau of Land Management, the United States Forest Service, the Department of the Interior’s Office of the Solicitor, and the Department of Agriculture’s Office of General Counsel.
The United States was represented in this matter by Assistant United States Attorneys Jacob Licht and Katherine Ross of the U.S. Attorney’s Office in Denver, Colorado.
United States Sues Railroad to Recover Millions in Damages Caused by “416” Fire Near DurangoRead the Press Release
DENVER, Colorado — U.S. Attorney Jason Dunn announced today that his office has filed a lawsuit on behalf of the U.S. Forest Service in the U.S. District Court for the District of Colorado against the Durango & Silverton Narrow Gauge Railroad Company and its owner and operator, American Heritage Railways, Inc., seeking to recover damages it suffered as a result of the “416 Fire,” which started on the morning of June 1, 2018, near Durango, Colorado. The United States incurred approximately $25 million in suppression costs and other damages, including rehabilitation costs, which are still to be fully determined.
The 416 Fire burned approximately 54,000 acres, mostly on lands in the San Juan National Forest, and required significant deployment of federal firefighting resources. Five incident management teams (IMTs) were assigned to the fire during the course of the incident. All the IMTs assigned met the objective of keeping the fire west of Highway 550 and north of a large subdivision. The fire burned actively for approximately 61 days and was not declared completely extinguished until November 29, 2018.
In the complaint, the United States alleges that the ignition of the 416 Fire occurred adjacent to the railroad track used by the Durango & Silverton Narrow Gauge Railroad Company. The United States alleges that the fire was ignited by burning particles emitted from an exhaust stack on a coal-burning steam engine locomotive owned and operated by the Durango & Silverton Narrow Gauge Railroad Company and its owner and operator, American Heritage Railways, Inc.
The United States asserts that because the fire was caused by the Durango & Silverton Narrow Gauge Railroad Company and American Heritage Railways, Inc., they should be held liable under federal and Colorado law for all the damages incurred by the United States as a result of the fire, including the costs of fire suppression and the costs to rehabilitate the public lands damaged by the fire.
“Protecting our public lands is one of the most important things we do in the U.S. Attorney’s Office,” said U.S. Attorney Jason Dunn. “This fire caused significant damage, cost taxpayers millions of dollars, and put lives at risk. We owe it to taxpayers to bring this action on their behalf.”
“As with all fire investigations, the 416 Fire investigation was handled with great care and thoroughness. We appreciate the communities’ patience through this process,” said San Juan National Forest Supervisor Kara Chadwick. “We will continue to work toward preventing similar fires from happening by reminding local businesses and the public about their role in protecting nature, and using every available tool to improve forest conditions.”
This matter was investigated by the U.S. Forest Service. The litigation is being handled Assistant U.S. Attorneys Jacob Licht-Steenfat and Katherine Ross.
Metro Denver Man Heads to Federal Prison for Making Counterfeit Money and Digital Images of CurrencyRead the Press Release
DENVER – Robert Stephen Lux, age 39, and a resident of Las Vegas, was sentenced yesterday to serve 37 months in federal prison for making, passing or possessing nearly $14,000 in counterfeit money and possessing digital images of currency, announced U.S. Attorney Jason Dunn and U.S. Secret Service Denver Assistant Special Agent in Charge Matthew Cybert. Lux appeared at the sentencing hearing in custody and was remanded at its conclusion.
The defendant was indicted by a federal grand jury on October 24, 2018. He pled guilty to all 47 counts as charged by the grand jury on March 12, 2019. He was sentenced yesterday, June 25, 2019.
According to court documents, including the stipulated facts contained in the plea agreement, on September 21, 2018, the U.S. Secret Service was contacted by the Castle Rock Police Department about two people whom they had arrested for trying to use counterfeit money at a Kohl’s store. Arrested were Lux, who was charged in U.S. District Court in Denver, and Jessica Wright, who was charged in state court. During a search of Lux’s vehicle incident to arrest officers found counterfeit money that did not have the correct watermark; there were no embedded fibers in the paper; the money had no color shifting ink, and the coloring and feel of the paper were not correct.
In addition to the counterfeit money, authorities found two HP printers, multiple USB thumb drives with digital images of U.S. money on them, a computer, a cell phone, and various receipts from retail stores, including Kohls, Walmart and Best Buy.
“We must protect the integrity of our currency, to include prosecuting those who try to duplicate it,” said U.S. Attorney Jason Dunn.
“Counterfeit U.S. currency is a continued threat to the U.S. financial system, and the Secret Service will aggressively pursue those responsible for its production and possession,” said U.S. Secret Service Denver Assistant Special Agent in Charge Matthew Cybert. “Furthermore, the Secret Service commends the diligent actions of the Castle Rock Police Department for initiating and assisting with this investigation.”
This case was investigated by the U.S. Secret Service and the Castle Rock Police Department. The defendant was prosecuted by Assistant U.S. Attorney Greg Holloway.
Nurse from Parker Adventist Hospital Pleads Guilty to Stealing Fentanyl Designated for PatientsRead the Press Release
DENVER – Jessica Sharman, age 35, of Arapahoe County, pled guilty yesterday before U.S. District Court Judge Christine M. Arguello to Tampering with a Consumer Product, specifically stealing fentanyl meant for patients from the Intensive Care Unit (ICU) at Parker Adventist Hospital in Douglas County, announced U.S. Attorney Jason Dunn, DEA Denver Division Special Agent in Charge William McDermott and Food and Drug Administration Office of Criminal Investigations (FDA OIG) Special Agent in Charge Charles Grinstead. Sharman appeared at the hearing free on bond. She is scheduled to be sentenced by Judge Arguello on September 24. Sharman was first charged by Information on May 29, 2019.
According to the stipulated facts contained in the plea agreement, Sharman worked as a nurse for various employers until she began working in the Intensive Care Unit at Parker Adventist Hospital in January 2018. Soon after she started work at Parker Adventist, the defendant used an automated narcotic medication dispensing device known as a Pyxis machine. It dispensed multiple narcotic drugs, including fentanyl. Only authorized users, including nurses, are allowed to use the machine. Access was obtained by using the authorized user’s fingerprint.
On April 20, 2018, a routine audit report of access to and utilization of controlled substances from the Pyxis machine flagged Sharman’s access as “red” for high fentanyl use and waste (the disposal of excess fentanyl following physician-ordered patient administration) for the month of March 2018. The audit for the month of February 2018 flagged Sharman’s access as “yellow,” also for high fentanyl usage. A review of the Pyxis access records showed a high number of “remove-cancel” transactions, indicating that the defendant had accessed controlled substances from a Pyxis machine but then “cancelled” the transaction, returning the drug to the locked machine.
On April 25, 2018, after substantiating the tampering concerns flagged by the audit, Parker Adventist removed all fentanyl from the ICU. On April 26, 2018, Parker Adventist employees interviewed Sharman. Based in part on that interview, it was determined that the defendant was stealing fentanyl from the hospital. She allegedly withdrew the drug from fentanyl cassettes using a sterile syringe and saline flushes. She sometimes replaced the fentanyl she stole with saline, injecting the saline back into the fentanyl cassette and returning the cassette to the Pyxis machine. Following her interview, Sharman tested positive for the use of fentanyl. The hospital terminated Sharman’s employment on April 26, 2018.
Tampering with a consumer product is a felony offense, punishable by up to ten years imprisonment.
This case was investigated by the FDA OCI and the DEA. The defendant is being prosecuted by Assistant U.S. Attorney Anna Edgar.
Colorado Doctor Pleads Guilty to Distributing Oxycodone for No Legitimate PurposeRead the Press Release
DENVER – John Van Wu, age 49, of Golden, pleaded guilty today to one count of distributing oxycodone outside the usual course of medical practice and for no legitimate purpose, announced U.S. Attorney Jason Dunn and DEA Denver Division Special Agent in Charge William McDermott. The plea was accepted by U.S. District Court Judge R. Brooke Jackson. Sentencing is scheduled for September 24, 2019 at 8:30 a.m. The defendant was remanded into custody at the end of the plea hearing.
The judge bifurcated the case for trial, and John Van Wu was previously convicted by a jury of mail fraud and obstruction of justice following a one-week trial in April 2018. The illegal prescriptions were the second part of the case. Pursuant to the plea agreement filed in court today, Wu pleaded guilty to the additional charge of distributing oxycodone. According to the facts contained in that plea agreement, Wu illegally prescribed oxycodone to a patient based upon false documentation that a fall down some stairs caused lower back pain so bad that the patient could “barely stand” and was “moving around in his wheelchair.” However, the patient had never used or been confined to a wheelchair and had never used oxycodone. All the prescriptions to that patent (a total 462 oxycodone 30 mg pills) were illegitimate and outside the usual course of medical practice.
The plea agreement contains two provisions designed to ensure that the defendant never again uses his medical training to defraud insurers or put people in harm’s way through the illegitimate distribution of controlled substances. First, the defendant agreed to never again apply for a medical license in any jurisdiction. Second, the defendant agreed to forfeit his medical degree. This latter provision, a first-of-its-kind in a plea agreement, will prevent the defendant from obtaining another medical license even if he violated the first provision.
The case was jointly investigated by the Drug Enforcement Administration and the U.S. Department of Labor Employee Benefits Security Administration. The defendant is being prosecuted by Assistant United States Attorneys Bryan D. Fields and Conor Flanigan.
Aurora Man Sentenced to Federal Prison for Bank FraudRead the Press Release
DENVER -- Alan Alonzo Williams, age 56, of Aurora, Colorado was sentenced last week by U.S. District Court Judge Robert Blackburn to serve 84 months in federal prison followed by 5 years on supervised release for bank fraud, announced U.S. Attorney Jason Dunn, IRS Criminal Investigation Acting Special Agent in Charge Kevin Caramucci, and FBI Denver Special Agent in Charge Dean Phillips.
Williams, who was sentenced on June 19, 2019 had pled guilty on January 12, 2017, but his sentencing hearing was delayed several times at his request. He was also ordered to pay restitution in the amount of $1,146,828.28 to the lenders he pled guilty to defrauding.
According to the indictment and plea agreement, Williams wanted to obtain funds for himself and for Williams Vending Company, Inc. (WVC), a company established by Williams and his parents that sold, leased, repaired and operated vending machines. Williams was unable to qualify for bank loans due to his prior felony convictions and status as a parolee. He engaged the involvement of a third party, Ms. X, who had no true ownership interest in WVC to represent that she was its president in order to obtain loans on behalf of WVC. In actuality, Williams controlled the finances and operations of WVC. Williams knew that Ms. X had a serious drug problem, and exploited her habit by causing her to sign various documents and then providing her with money, which she would use to buy drugs to get high.
In 2007, Williams had Ms. X sign a contract to purchase a home in Denver, and he later arranged for her to obtain a $800,000 loan to purchase the property. Williams caused false information about Ms. X’s financial status, including fraudulent Forms W-2 and earning statements, to be submitted to the lender in order to make it appear that she qualified for the loan.
Williams subsequently arranged for three bank accounts to be opened in WVC’s name and gave Ms. X sole signature authority over the accounts. He nonetheless maintained control over the accounts. He later worked through loan brokers in order to obtain Small Business Administration loans for WVC. Much of the information that Williams submitted in order to obtain the loans was false. The false information included that Ms. X was the president and sole owner of WVC, that she had many years of management experience, that she currently earned a substantial salary at WVC, and that she had substantial assets and resided in a $1.1 million home. None of that was true.
Williams also told the brokers that WVC focused on proving vending products to government offices and agencies, as Ms. X qualified as a minority business owner and the company qualified as a minority contractor. Williams similarly obtained a loan by representing that WVC had a contract to provide vending services for three major apartment complexes, when there was no such contract. William misrepresented to the lenders how the loan proceeds would be used. He presented documents purporting to be agreements between various government agencies and WVC to the lenders when, in fact, WVC did not have agreements with those agencies. Williams did not use all the loan proceeds to pay creditors as required by the terms of the loans. Williams used a large portion of the proceeds for his own purposes, rather than for the purposes authorized for the SBA guaranteed loan.
The loans Williams obtained for WVC through these fraudulent means including a loan for $800,000 and additional loans for $360,000. Williams also attempted to obtain another loan for $550,000, which was declined by the lender.
“Fraud hurts our economy and hurts victims, as was the case here,” said U.S. Attorney Jason Dunn. “The seven year federal prison sentence is an appropriate outcome for this defendant’s attempt at cheating the system.”
“Williams’ scheme was about driven greed and a blatant disregard for the damage inflicted on the banking system. Today’s sentence sends a message that bank fraud will ultimately cost the fraudster," said IRS Criminal Investigation Acting Special Agent in Charge Kevin Caramucci.
"The FBI is committed to aggressively pursuing those who commit bank fraud. Falsifying information on a loan application and lying to a lender to facilitate approval for a loan is a felony,” said FBI Denver Special Agent in Charge Dean Phillips. “We hope the recent sentencing of Alan Alonzo Williams will deter others who engage in these types of fraud schemes.”
This case was investigated by Internal Revenue Service – Criminal Investigation and the FBI. The defendant was prosecuted by Assistant U.S. Attorney Rebecca Weber.
Denver Man Sentenced to Federal Prison for Ponzi Scheme That Defrauded 175 Investors out of Nearly $20 MillionRead the Press Release
DENVER – Daniel B. Rudden, age 72 of Denver, Colorado, was sentenced yesterday by U.S. District Court Judge Christine M. Arguello to serve 121 months (just over 10 years) in federal prison, followed by 3 years on supervised release for mail fraud after he defrauded 175 investors out of more than $19 Million, announced U.S. Attorney Jason Dunn and FBI Denver Field Office Special Agent in Charge Dean Phillips. Rudden was also ordered to pay restitution of $19,609,905.21 to victims of his Ponzi scheme. Rudden appeared at the hearing free on bond and was remanded at the hearing’s conclusion.
According to court documents, Rudden was the President and sole owner of Financial Visions, Inc. (FV). FV’s business model was based on taking assignments on life insurance policies in order to pay for funeral expenses. When a family experienced the death of a family member and could not afford the funeral expenses, FV would pay the funeral home and/or cemetery for those expenses and take an assignment on the deceased’s life insurance proceeds. When the insurance company paid the proceeds, it would pay FV directly for the funeral expenses that FV had fronted. FV charged the family of the deceased a 4 to 5 percent fee for this service.
Individuals who decided to invest in FV received a promissory note signed by the defendant. Through the promissory note, the defendant promised to pay back to the investor the principal amount invested plus interest. Most investors were promised 12% simple interest per year on their principal amount invested, to be paid on a quarterly basis.
Over the years, the defendant continued to take in money from new investors, but the number of funeral homes using FV’s services did not continue to grow at a commensurate rate. As a result, FV owed investors more and more in interest payments while FV was not making a profit sufficient to sustain such payments. The defendant ultimately began using later investors’ funds to make the interest payments to earlier investors. The Ponzi scheme ended up defrauding 175 investors out of more than $19 million. More than 65 victims lost over $100,000 each, and two people lost over $1 million.
The scheme came to a head when the defendant stopped being able to pay out “interest” and could not give investors a refund of their principal balance when demanded. Some investors reported the defendant to state and federal authorities. On July 9, 2018, the defendant himself emailed his investors and admitted that FV had become a Ponzi scheme. As stated in the plea agreement, the government maintains that, based on profit and loss statements, FV was not a profitable business model from its inception.
“This is a scheme that was particularly egregious because the defendant took advantage of people at one of their most emotional times – following the loss of a loved one,” said U.S. Attorney Jason Dunn. “The sentence here appropriately reflects that harm.”
“The FBI is committed to aggressively pursuing those who deceive innocent investors by creating complex white-collar fraud schemes. Duplicitous schemes devised to obtain funds from our community’s citizens for personal gain is a felony,” said FBI Denver Special Agent in Charge Dean Phillips. “The recent sentencing of Daniel Rudden should deter others who engage in this type of crime."
The matter was investigated by the FBI with assistance by the U.S. Postal Inspection Service. The defendant was prosecuted by Assistant U.S. Attorney Martha A. Paluch, Chief of the Economic Crime Section, Assistant U.S. Attorney Rebecca S. Weber, and Special Assistant U.S. Attorney Jason Slothouber of the Colorado State Attorney General’s Office. Financial analysts from the Federal Bureau of Investigations, the United States Attorney’s Office, and the Colorado State Attorney General’s Office provided invaluable assistance to this prosecution.
Denver Man Sentenced to Federal Prison for Collecting Child PornographyRead the Press Release
DENVER – Edward Lewis, age 28, of Denver, was sentenced yesterday to serve 72 months (6 years) in federal prison, followed by 15 years on supervised release for possession of child pornography, announced U.S. Attorney Jason Dunn and FBI Denver Field Office Special Agent in Charge Dean Phillips. Lewis was also ordered to pay $21,000 restitution to the victims depicted in the images he possessed.
The sentence was handed down by U.S. District Court Judge William J. Martinez. Defendant Lewis, who appeared at the sentencing hearing on bond, was remanded by Judge Martinez at the hearing’s conclusion. He will serve his prison time at a location to be determined by the U.S. Bureau of Prisons.
Lewis was first charged by indictment on April 4, 2018. He pled guilty to possession of child pornography on October 2, 2018. He was sentenced yesterday, June 12, 2019. Agents believed he had well over 200,000 images and videos of child pornography and child erotica.
According to the stipulated facts contained in the plea agreement, Lewis used a peer-to-peer file sharing network called Torrent. From August 8, 2017 through September 5, 2017, an FBI special agent working in an undercover capacity signed on to the Torrent network and downloaded child pornography from Lewis’s IP address that he made available for sharing. Lewis admitted he downloaded most of his child pornography collection from a service that he paid for. He said he had been collecting child pornography for at least three years and had downloaded more videos and images than he could review.
“One image is bad enough, but 200,000 is simply unfathomable,” said U.S. Attorney Jason Dunn. “We will continue to do our part here in Colorado to vigorously attack what is truly an international problem.”
“The recent sentencing of Edward Lewis represents the FBI’s commitment to protect our most vulnerable citizens, our children,” said FBI Denver Special Agent in Charge Dean Phillips. “The FBI’s Innocent Images Task Force will continue to work diligently with the United States Attorney’s Office to investigate and prosecute cases involving the sexual exploitation of children.”
This case was investigated by the FBI. The defendant was prosecuted by Assistant U.S. Attorney Valeria Spencer.
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 Child Exploitation and Obscenity Section (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.
Arizona Man Sentenced for Conspiracy to Defraud the GovernmentRead the Press Release
DENVER – Tramell Thomas, age 40, of Phoenix, Arizona, was sentenced late last week to serve 120 months in federal prison, followed by 3 years of supervised release for his participation in a financial aid fraud scheme, announced U.S. Attorney Jason Dunn and Special Agent in Charge of the U.S. Department of Education Office of the Inspector General’s Western Regional Office Adam Shanedling. Thomas was also ordered to pay $563,890.85 in restitution to the Department of Education and various community colleges. The court also issued a final order of forfeiture for a personal money judgment in the amount of $260,226.85.
Thomas was convicted of one count of conspiracy to defraud the government through the submission of 181 false Free Applications for Federal Student Aid (FAFSAs). Thomas was also convicted of six counts of aiding and abetting mail fraud resulting from the mailing of debit cards that contained federal student aid to addresses under the conspirators’ control.
In sum, the conspirators visited Department of Corrections websites for the states of Colorado, Arizona, Florida, Illinois, and Ohio, and they retrieved the names, dates of birth, and release dates of state inmates. Armed with this information, one of the conspirators obtained these inmates’ social security numbers through her employment at a bank. Once the conspirators had this information, they filled out FAFSAs requesting federal student aid to attend community colleges in Colorado and Arizona. The conspirators chose inmates serving long prison sentences, believing that these inmates were less likely to notice that their identities had been stolen. All told, the conspirators filed claims seeking approximately $1.3 million dollars. The Department of Education paid out approximately $563,000, with $419,000 of these funds forwarded to the conspirators in the form of debit cards, which they used for their personal expenses. The remainder of the money was paid to the community colleges. Once the fraud was discovered, those colleges returned the funds to the Department of Education. Thomas’s conspirators, Heather Carr, Mercedes Diaz, and Marcelle Green, all pled guilty and are serving their prison sentences.
“Defrauding the government is a crime against not only the Department of Education, it is a fraud against the taxpayers,” said U.S. Attorney Jason Dunn. “This prison sentence is a reflection of that fact.”
“I am proud of the work of OIG Special Agents and our law enforcement partners for their work in this case and their dedication to protecting the integrity of Federal student aid funds and students that rely on those funds to make their dreams of higher education a reality,” said Adam Shanedling, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Western Regional Office. "We will continue to pursue those who participate in student aid fraud rings and criminally target these funds for their own selfish purpose. America’s students and taxpayers deserve nothing less.”
This case was investigated by Assistant U.S. Attorneys Martha Paluch and Bryan Fields.
Attorney Indicted for Investment FraudRead the Press Release
DENVER – David Kaplan, age 52, of Zephyr Cove, Nevada appeared before a Colorado U.S. Magistrate Judge in Denver on Tuesday, June 4, 2019, after being transferred from Reno, Nevada, where he was arrested for securities fraud, wire fraud, mail fraud and money laundering, announced United States Attorney Jason R. Dunn, IRS Criminal Investigation Special Agent in Charge Steven Osborne and Federal Bureau of Investigation Special Agent in Charge Dean Phillips.
According to the indictment, beginning around September 14, 2014, and continuing until approximately April 2016, Kaplan operated a scheme to defraud and to obtain money and property from investors by means of materially false and fraudulent representations. Kaplan obtained money from investors by representing that investors could invest risk-free in off-shore investments with a sometimes guaranteed return on investment of 10% per month. Kaplan utilized entities, including several charitable organizations, which he established and controlled as part of the scheme. He also used his position as an attorney to gain the trust of investors and used his attorney trust account to create the pretense that investor monies were held in trust. Kaplan made payments to investors in order to lull them into a sense of legitimacy and to encourage the recruitment of additional investors.
Kaplan then made payments to himself and others for personal expenses, from accounts which he controlled, in which proceeds of the scheme were deposited. He similarly made payments to entities, corporations, and foundations he controlled, from accounts he controlled, in which proceeds of the scheme were deposited. Kaplan never disclosed to investors that: he would receive a financial benefit from the investment; the terms of his compensation; that he would divert investor monies for his personal benefit through entities he controlled; the pertinent risks associated with the securities; or his relationship with purported beneficiaries of investor funds.
Kaplan is charged with 7 counts of securities fraud, 36 counts of wire fraud, 9 counts of mail fraud, and 19 counts of money laundering. Each count of securities fraud carries a penalty of not more than 20 years in prison, and a fine of up to $5,000,000. Each count of wire fraud and mail fraud carries a penalty of not more than 20 years in prison, plus a fine of up to $250,000, or twice the amount of gain or loss (whichever is greater). Money laundering carries a penalty of not more than 10 years in prison, and a fine of up to $250,000 or not more than twice the amount of criminally derived property involved in the transaction.
This case is being investigated by the Internal Revenue Service – Criminal Investigation and the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorneys Jaime Pena and Tim Neff.
The charges contained in the indictment are allegations and the defendant is presumed innocent until proven guilty.
Towaoc Man Sentenced to over 10 Years in Federal Prison for Attempted Murder of a Police OfficerRead the Press Release
DURANGO – Wendell Mills, Jr., age 21, of Towaoc, Colorado, was sentenced yesterday by U.S. District Court Judge Robert E. Blackburn to serve over 10 years (121 months) in federal prison, followed by 3 years on supervised release for attempting to murder a federal police officer, announced U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips. Mills appeared at the sentencing hearing in custody, and was remanded at its conclusion.
Mills was indicted by a federal grand jury on April 13, 2018, on a charge of Attempted Murder in the Second Degree of a Federal Officer. According to court documents, as well as facts presented during sentencing, on April 8, 2018, Mills tackled a Bureau of Affairs Police Officer who was attempting to effectuate an arrest in Towaoc, Colorado, on the Ute Mountain Ute Indian Reservation. On the ground, Mills and another individual attempted to choke the officer while yelling “goodnight officer!” During the struggle, Mills grabbed the officer’s holstered pistol, causing the gun to discharge into the officer’s leg. As Mills took control of the weapon, the officer was able to release the gun’s magazine. Mills pointed what he believed was a loaded gun at the officers head and pulled the trigger. When the gun failed to discharge, Mills “racked” the slide, and again tried to fire it at the head of the officer. A bystander intervened long enough for the officer to deploy his taser and subdue Mills.
“The brave men and women serving as federal agents and officers routinely accept risk to themselves to protect us and our communities,” said U.S. Attorney Jason Dunn. “Violence against our law enforcement community will simply not be tolerated.”
“This sentence represents the FBI's commitment to prosecute to the fullest extent of the law anyone who seeks to assault or kill any of our law enforcement partners,” said FBI Special Agent in Charge Dean Phillips.
This case was investigated by the FBI and the Bureau of Indian Affairs. The defendant was prosecuted by Assistant U.S. Attorney Jeff Graves.
Fort Lupton Man Pleads Guilty to Selling OxycodoneRead the Press Release
DENVER – A Fort Lupton man pled guilty yesterday before U.S. District Court Judge John L. Kane to distribution and possession with intent to distribute oxycodone, a Schedule II controlled substance, announced U.S. Attorney Jason Dunn, FBI Denver Special Agent in Charge Dean Phillips, and U.S. Department of Health and Human Services, Office of the Inspector General, Special Agent in Charge Steven Hanson. The defendant, Ramon Hernandez, IV, age 35, appeared at the court hearing free on bond. He is scheduled to be sentenced by Judge Kane on September 4, 2019.
Hernandez was first charged by complaint on January 24, 2019. He was indicted by a federal grand jury in Denver on February 5, 2019. The defendant pled guilty yesterday, June 4, 2019.
According to the stipulated facts contained in the plea agreement, defendant Hernandez obtained controlled substances, including oxycodone from a family physician for the past several years. Since April 2017, Hernandez has been prescribed and has obtained 60 oxymorphone, 150 oxycodone 20-milligram pills, and 300 oxycodone 30-milligram pills per month.
During the course of the investigation, it was determined that the defendant did not consume all of the pills he obtained by prescription, but instead traded pills with another individual and also gave that individual pills to sell on his behalf. Hernandez sold as many as 150 pills per month for $2,000. Hernandez received all of the money from the sale of the drugs.
Hernandez faces not more than 20 years in federal prison, although the actual sentence will be determined by Judge Kane.
This case was investigated by the FBI and the Department of Health and Human Services Office of the Inspector General.
Denver Deputy Sheriff and Other Individual Charged with Federal Drug CrimesRead the Press Release
DENVER – Denver Sheriff’s Deputy Sylvia Montoya, age 46, and Timothy Spikes, age 36, both from Denver, were charged with drug trafficking crimes. Spikes also faces a federal firearm charge. The arrests were announced by U.S. Attorney Jason Dunn and ATF Denver Division Special Agent in Charge David Booth. At yesterday’s detention hearing Spikes was ordered held in custody without bond while Montoya was released on bond.
According to the indictment, Sylvia Montoya and Timothy Spikes did knowingly and intentionally possess with intent to distribute 28 grams or more of crack cocaine and 5 grams or more of methamphetamine; did unlawfully and knowingly use and maintain a place for the purpose of distributing crack cocaine and methamphetamine, located at 3966 S. Wadsworth, Apartment #201, in Lakewood, Colorado; and defendant Timothy Spikes did knowingly and intentionally possess with intent to distribute heroin.
In addition, defendant Timothy Spikes was also charged with knowingly possessing a firearm in furtherance of a drug trafficking crime; knowingly and intentionally possessing with intent to distribute crack cocaine; knowingly and intentionally possessing with intent to distribute methamphetamine; and possession of a firearm and ammunition, having been previously convicted of a felony crime.
If convicted, both defendants face not less than 10 years and not more than life in federal prison for some of the charges. Other charges carry a penalty of not more than 20 years in prison.
This case was investigated by the newly formed RAVEN (Regional Anti-Violence Enforcement Network), including the Denver Division of the ATF, the Aurora and Denver Police Departments, the Douglas County Sheriff’s Office, the Homeland Security Investigations (HSI), the Arapahoe County Sheriff’s Office, the Lakewood Police Department and the Denver District Attorney’s Office. The defendants are being prosecuted by Assistant U.S. Attorney Celeste Rangel.
The charges in the indictment are allegations, and the defendants are presumed innocent until proven guilty.
Man Sentenced to 30 Years in Federal Prison for Sexual Assault Committed on the Ute Mountain Ute ReservationRead the Press Release
DURANGO -- Merle Denezpi, age 39, of Shiprock, New Mexico, was sentenced yesterday by U.S. District Court Judge Robert E. Blackburn to serve 360 months (30 years) in federal prison, followed by 10 years on supervised release, for committing aggravated sexual assault in Towaoc, Colorado, announced U.S. Attorney Jason Dunn. Denezpi appeared at the sentencing hearing in custody, and was remanded at its conclusion. A federal jury found Denezpi guilty of the crime following a week-long trial before Judge Blackburn in Durango, Colorado on March 1, 2019.
Denezpi was indicted by a federal grand jury on June 7, 2018, for one count of Aggravated Sexual Assault within the exterior boundaries of the Ute Mountain Ute Indian Reservation, near Towaoc, Colorado. According to court documents, as well as facts presented during trial and at sentencing, Denezpi used physical force and death threats to sexually assault the victim. After the assault, Denezpi threatened the victim’s life if she reported the assault. Denezpi fled from the scene by jumping out a second-story window when he saw police approaching the residence. He then hid underneath a bush for roughly thirteen hours. Denezpi admitted under oath at trial and at sentencing that he lied to federal agents when apprehended. A Sexual Assault Nurse Exam (“SANE”) was conducted showing significant bruising and injuries to the victim. In addition, a DNA test conducted by the Federal Bureau of Investigations revealed Denezpi’s DNA was present on the victim.
“Our office is committed to vigorously prosecuting crimes committed on the Ute Mountain Ute Indian Reservation,” said U.S. Attorney Jason Dunn. “Mr. Denezpi wrongly believed that he could commit a violent assault, silence the victim with threats, and lie his way out of accountability. Thanks to the work of our prosecutors and law enforcement partners, he was proven wrong.”
This case was investigated by Bureau of Indian Affairs, with the assistance of their Victim Witness Specialist. The defendant was prosecuted by Assistant U.S. Attorneys Jeff Graves and Tim Neff.
Federal Indictment Charges Individuals with Long-Running Scheme to Help Applicants Fraudulently Obtain Massage Therapist LicensesRead the Press Release
DENVER – Two individuals who falsified education credentials and helped applicants cheat on tests to be massage license therapists were indicted by a federal grand jury and arrested, announced U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips. Yongbo Shen, a/k/a Kevin Shen, age 48, originally of China and currently from Massachusetts, appeared in U.S. District Court in Colorado, and is due back on June 6, 2019, for arraignment. Marla Daniels, age 50, of Oklahoma City was arrested in Oklahoma City and appeared in federal court there where she was released on bond. She is scheduled to make her initial appearance in U.S. District Court in Colorado on June 17, 2019.
Both defendants have been charged with 36 counts of wire fraud and aiding and abetting along with 1 count of conspiracy to commit wire fraud. If convicted of wire fraud, each defendant could face up to 20 years in federal prison, and pay up to a $250,000 fine per count.
According to the indictment, between February 16, 2015 and March 3, 2018, defendants Shen and Daniels fraudulently obtained the Colorado state mandated certified test questions and answers. With the help of others, Shen then caused such materials to be translated from English to Chinese. Such packet essentially functioned as an unauthorized question and answer key -- a cheat sheet -- for the examination.
According to the indictment, as part of the scheme, Shen distributed the cheat sheet to multiple applicants in exchange for a fee. Applicants were seeking to pass the standardized test in an effort to obtain massage therapy licensure in Colorado, and at times other states. Cheat sheets allowed unqualified applicants to pass the test and provided applicants with an unfair competitive advantage over other persons taking the test.
As part of the scheme, Daniels and Shen also created and issued multiple bogus diplomas, which falsely certified that applicants graduated from the Majestic Massage Therapy school. Shen worked with Daniels to help create and falsify course transcripts that claimed the applicants completed required course work in massage therapy. Together, the false transcripts and bogus diplomas misrepresented that the applicants had successfully completed the requisite 500 hours of instruction and training from a massage therapy licensure program.
Shen submitted applications for massage therapy licenses to the State of Colorado Department of Regulatory Affairs on behalf of the applicants. In the course of submitting such applications, Shen falsely certified to the State that the information contained within the applications was true and correct, when in fact, Shen knew the applications contained false information regarding the applicants’ educational qualifications and satisfactory completion of examination requirements.
This case was investigated by the FBI Denver Division with substantial assistance from the FBI Kansas City Division, the FBI Oklahoma City Division, the Arvada Police Department, the Colorado State Patrol, the Wheat Ridge Police Department, Lakewood Police Department, Aurora Police Department and the Denver Police Department. The defendants are being prosecuted by Assistant U.S. Attorney Tim Neff.
The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
Experienced Prosecutor Arrives in DurangoRead the Press Release
DURANGO – U.S. Attorney Jason Dunn today announced that experienced prosecutor R. Josh Player has joined the Durango Branch Office of the United States Attorney’s Office for the District of Colorado. Assistant United States Attorney (AUSA) Player comes to Durango after serving as a Deputy District Attorney in the Salt Lake County District Attorney’s Office. During that time, AUSA Player also served as a Special Tribal Prosecutor for the Ute Tribe on the Uintah-Ouray Reservation, Confederated Tribes of the Goshute Nation, and Ely Band of Shoshone for certain matters. This experience provides AUSA Player with an important background that will help him address issues that arise in the Durango Branch Office, which prosecutes criminal cases from the Ute Mountain Ute or the Southern Ute Indian Tribes. AUSA Player joins existing AUSA Jeff Graves, Paralegal Amy Connor and Contract Legal Assistant Loana Serrano in the Durango Office. The Durango Office is a branch office for the District of Colorado, which has another office in Grand Junction and headquarters in Denver.
Aurora Man Sentenced to 18 Years in Federal Prison for Production of Child PornographyRead the Press Release
DENVER – Ryan Charles McCraw, age 39, of Aurora, Colorado, was sentenced today by U.S. District Court Judge Christine M. Arguello to serve 216 months (18 years) in federal prison, followed by 15 years on supervised release for the production of child pornography, announced U.S. Attorney Jason Dunn and FBI Denver Division Special Agent in Charge Dean Phillips. McCraw appeared at the sentencing hearing in custody, and was remanded at its conclusion.
McCraw was indicted by a federal grand jury in Denver on October 26, 2017. He first appeared in U.S. District Court in Denver on December 4, 2017, to be advised of his rights and the charges pending against him. According to the stipulated facts contained in the plea agreement and statements made at the sentencing hearing, McCraw met underage boys living in the Denver metro area through online chat services. McCraw engaged in sexually explicit conversations with the boys over the course of months, asking them to send him sexually explicit images online. He enticed the boys to meet with him, picking them up in his car if they were too young to drive. He took them to his residence and engaged in sex acts with them. McCraw filmed the sex acts and took still images of the boys. He continued this course of conduct for over a year with multiple victims. McCraw boasted online that he had “trained” 12 other boys.
“The victims of child pornography production must be made to carry the harm they cause with them,” said U.S. Attorney Jason Dunn. “Mr. McCraw will now be spending a long time in federal prison to account for that harm. We particularly want to thank the investigators who helped bring this man to justice.”
“This sentence sends a strong message to those who sexually exploit our children that law enforcement will aggressively investigate their harmful and disturbing actions,” said FBI Denver Special Agent in Charge Dean Phillips. “Our commitment to the well-being of our children will forever remain a primary objective of the FBI.”
The FBI, Longmont Police Department and Aurora Police Department investigated this matter. The 20th Judicial District assisted with this matter. The defendant was prosecuted by Assistant U.S. Attorney Valeria Spencer.
Statement by U.S. Attorney Jason Dunn Regarding the Death of Senior U.S. District Court Judge Richard P. MatschRead the Press Release
DENVER – U.S. Attorney Jason Dunn issued the following statement about the death of Senior U.S. District Court Judge Richard P. Matsch:
“This is a sad day as we’ve lost another accomplished federal judge in Colorado. First the passing of Senior U.S. District Court Judge Wiley Y. Daniel, and now the passing of Senior U.S. District Court Judge Richard P. Matsch. Judge Matsch was an accomplished jurist who was not afraid to take on difficult cases and complex legal issues. While he may have achieved notoriety for ably presiding over high profile cases, it is his decades of tireless work serving the people of the United States and the cause of justice that will be his most enduring legacy. He will be missed.”
Forty-two Individuals Arrested in One of the Largest Black Market Marijuana Takedowns in Colorado HistoryRead the Press Release
DENVER – Forty-two people were arrested over the last three days in one of the largest black market marijuana enforcement actions in Colorado history, announced U.S. Attorney Jason Dunn, DEA Denver Division Special Agent in Charge William T. McDermott, 18th Judicial District Attorney George Brauchler and 17th Judicial District Attorney Dave Young. During the last two years more than 250 locations have been searched.
This week law enforcement conducted additional searches and began making arrests on Wednesday, May 22, 2019. Of those arrested as of Friday morning, 26 were state defendants and 16 were federal defendants. The federal defendants charged with offenses involving 100 or more marijuana plants face a minimum mandatory sentence of five years imprisonment and a maximum of 40 years imprisonment. The federal defendants charged with offenses involving 1,000 or more marijuana plants face a minimum mandatory sentence of 10 years imprisonment and a maximum of life in prison.
The law enforcement action identified marijuana grows in homes across the Metro Denver area. Eight businesses were also searched. The total number of search warrants executed, by county, include the following:
- 120 were in Adams County
- 63 were in Arapahoe County
- 22 were in Weld County
- 17 were in Jefferson County
- 7 were in Denver County
- 22 were in Douglas County
- 3 were in El Paso County
- 1 was in Broomfield County
From the locations searched, over 80,000 marijuana plants and 4,500 pounds of finished marijuana product were seized.
In addition to the criminal prosecutions there are federal asset forfeiture actions pending, including:
- 41 homes
- $2,160,776.89 in U.S. currency
- 25 vehicles
- 3 jewelry items
Marijuana is a Schedule I narcotic and illegal under federal law. The marijuana subject to this law enforcement action was destined for the black market, which has dramatically increased in Colorado in recent years.
This investigation began in the summer of 2016, when investigators from the North Metro Task Force began investigating a network of marijuana cultivators involved in the distribution of large amounts of marijuana. The grows were found in the basements of newer houses in fairly upscale neighborhoods. The grow areas are generally in sealed basement rooms. Large commercial charcoal air filters are often used to remove marijuana odor. Some growers vent air late at night to prevent investigators and neighbors from detecting the odor.
Five percent of the grow locations involved the bypass of the electrical meter, which greatly decreases the amount of electricity for which a marijuana grow home is billed, making it more difficult for law enforcement to identify the grow homes by reviewing electrical use data, but increasing the public safety risk.
“Colorado has become the epicenter of black market marijuana in the United States,” said United States Attorney Jason Dunn. “It’s impacting communities, it’s impacting neighborhoods, and it’s impacting public safety. But this investigation may be just the tip of the iceberg. We will therefore continue to pursue black market growers and prosecute them to the full extent of the law.”
“Unfortunately Colorado is no longer known for its beautiful mountains and scenery,” said DEA Denver Division Special Agent in Charge William T. McDermott. “Now it is known for marijuana and other illegal manufacturing and distribution of controlled substances. This investigation highlights that law enforcement and prosecutors are committed to the rule of law and ensuring Colorado returns to its former standing.”
This case was investigated by the North Metro Task Force, the DEA, the 18th Judicial District Attorney and the 17th Judicial District Attorney, with support from the following law enforcement agencies: U.S. Marshals Service, FBI, HSI, ATF, IRS, West Metro Drug Task Force, Front Range Task Force, Thornton Police Department, Westminster Police Department, Adams County Sheriff, Broomfield Police Department, Commerce City Police Department, Northglenn Police Department, Brighton Police Department, Federal Heights Police Department, Aurora Police Department, Jefferson County Sheriff, Arapahoe County Sheriff, Arvada Police Department, Wheat Ridge Police Department, Golden Police Department, Lakewood Police Department, Denver Police Department, Weld County Sheriff, Firestone Police Department, Frederick Police Department, Parker Police Department, Castle Rock Police Department, Colorado Bureau of Investigation, Douglas County Sheriff, Mountain View Police Department, Englewood Police Department, Colorado Attorney General’s Office, Colorado State Patrol, Colorado Springs Police Department, Fort Collins Police Department, National Guard, Pueblo Police Department, El Paso County Sheriff, Pueblo County Sheriff, Teller County Sheriff, Longmont Police Department, and the High Intensity Drug Trafficking Area (HIDTA).
Federal defendants are being prosecuted by Assistant U.S. Attorneys Aaron Teitelbaum and Barbara Skalla. The related forfeiture matters are being handled by Assistant United States Attorneys Elizabeth Young and Tonya Andrews.
The defendants are presumed innocent until proven guilty.
Federal Criminal Case Nos: 19-cr-130, 19-cr-0177, 19-cr-0195, 19-cr-119, 19-cr-0113, 19-cr-0112, 19-cr-083
Federal Forfeiture Case Nos: 18-cv-00121, 18-cv-01880, 18-cv-01344, 18-cv-02064,18-cv-02734, 19-cv-00257
Truck Driver Indicted for Taking Children Across State Lines to Engage in Sex with ThemRead the Press Release
GRAND JUNCTION – A federal grand jury in Grand Junction has returned a five count indictment charging a 47 year old truck driver from Grand Junction, now residing in Colorado Springs, with traveling across state lines to engage in sexual acts with children, announced U.S. Attorney Jason Dunn and FBI Denver Special Agent in Charge Dean Phillips. Authorities arrested McFadden at approximately 8:00 a.m. early Tuesday morning. He was taken to the federal courthouse in Grand Junction where he made his initial appearance this morning before United States Magistrate Judge Gordon P. Gallagher.
According to the indictment returned by the grand jury on May 17, 2019:
- Between December 25, 2012 and January 3, 2013, McFadden allegedly crossed state lines with the intent to engage in a sexual act with a person who had not yet attained the age of 12 years old.
- Between December 25, 2012 and January 3, 2013, McFadden allegedly transported the minor across state lines with intent to engage in sexual activity.
- Between December 1, 2010 and January 1, 2011, McFadden allegedly crossed state lines with the intent to engage in a different sexual act with another person, who had not attained the age of 12.
- Between December 1, 2010 and January 1, 2011, McFadden allegedly transported the minor across state lines with intent to engage in sexual activity.
- Between January 1, 2007, and January 3, 2013, McFadden again allegedly transported a minor across state lines with the intent to engage in sexual activity.
McFadden was originally charged with sexual assault of children in state court, where he was convicted by a Mesa County jury. His prison sentence was 324 years to life. He appealed his convictions and ultimately prevailed due to a speedy trial violation, which meant he could not be re-tried in state court. He now has been indicted by a federal grand jury.
This matter was investigated by the FBI and the Grand Junction Police Department, with the support of the 21st Judicial District Attorney’s Office. The defendant is being prosecuted by Assistant U.S. Attorney Jeremy Chaffin.
The charges contained in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
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.
CASE NUMBER: 19-cr-00243
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Pharmacist Headed to Federal Prison and Required to Pay $55,000 in Community Restitution for Illegally Distributing Oxycodone and AmphetamineRead the Press Release
DENVER -- A registered pharmacist, Mary Aronson, owner and operator of St. Vrain Pharmacy in Lyons, Colorado, was sentenced for illegal distribution of narcotics before Chief United States District Court Judge Philip Brimmer, announced United States Attorney Jason R. Dunn and DEA Denver Division Special Agent in Charge William T. McDemott. Aronson was sentenced to 6 months in prison, to be followed by 6 months of home detention and 5 years of supervised release. As part of yesterday’s sentence, Aronson is required to forfeit $20,000 and pay an additional $55,000 in community restitution.
The $55,000 community restitution payment is the first of its kind in the District of Colorado and one of the first in the country. By law, the payment will go to two separate victim funds administered by the Colorado Department of Public Safety, Division of Criminal Justice, including a fund designated to receive federal funds for substance abuse programs in the state.
According to court documents, including the plea agreement, on November 28, 2017, law enforcement agents spoke with a confidential informant who said that Aronson sold her OxyContin pills for over a year-and-a-half, and that she paid $1 per pill. On December 5, 2017, the confidential informant made a controlled purchase that was audio recorded by law enforcement. At that time, the confidential informant provided Aronson $50, who then gave her 20 pills of oxycodone (10 milligram) and 20 pills of amphetamine/dextroamphetamine (20 milligram) without a prescription. Law enforcement conducted two more controlled purchases from the defendant on January 19, 2018, and February 13, 2018. During the investigation, Aronson gave the confidential informant four blank prescription pages and showed her how to fill out a forged prescription. The defendant told the informant “don’t worry, the doctor is dead and will never find out.”
“Prescription opioid abuse continues to be an epidemic that is ravaging our state,” said United States Attorney Jason Dunn. “That’s why we not only seek prison terms for those who choose to violate the law, but we will now begin seeking restitution payments where appropriate to address the public harm being caused to communities.”
“The DEA will continue to investigate registrants who cause harm to the public and fuel the opioid epidemic,” said DEA Denver Division Special Agent in Charge William T. McDermott. “This case shows the opioid epidemic is being fought at all levels to include professionals in a position of trust.”
This matter was investigated by the Drug Enforcement Administration and the Boulder County Drug Task Force. It was prosecuted by Assistant United States Attorneys Suneeta Hazra, Garreth Winstead, and Tonya Andrews.
Case No: 18-cr-475
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United States Attorney Jason Dunn Recognizes National Peace Officers Memorial DayRead the Press Release
DENVER -- U.S. Attorney Jason Dunn recognized the service and sacrifice of federal, state, local, and tribal police officers on National Peace Officers Memorial Day, which falls in the middle of National Police Week. In October 1962, Congress enacted a joint resolution, which the President signed, declaring May 15th as National Peace Officers Memorial Day to honor law enforcement officers killed or disabled in the line of duty. The resolution also created National Police Week as an annual tribute to law enforcement service and sacrifice.
“Law enforcement is a noble calling,” said United States Attorney Jason Dunn. “Like few other professions, we ask law enforcement officers to run toward danger. And law enforcement does this, without question, in times of our greatest need. As a result, we are all safer. But law enforcement officers too often pay a very high price for their service. In Colorado alone, we lost three officers in the line of duty last year, and another officer this year. It’s especially important that we take time out to honor the service and sacrifice of our law enforcement officers. Please join me in reaching out today, on National Peace Officers Memorial Day, and say ‘thank you’ to our law enforcement officers for their service and for being there when we need them the most.”
According to statistics reported to the FBI, 106 law enforcement officers were killed in line-of-duty incidents in 2018, including three officers here in the District of Colorado. Comprehensive data tables about these incidents and brief narratives describing the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2018 https://ucr.fbi.gov/leoka/2018/ released this week by the FBI. The names of all 106 fallen officers nationwide were formally dedicated on the National Law Enforcement Officers Memorial in Washington, DC, during the 31st Annual Candlelight Vigil on the evening of May 13, 2019, which is one of many commemorative events taking place in the nation’s capital during National Police Week 2019.
For more information about other National Police Week events, please visit www.policeweek.org.
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Steamboat Springs Woman Convicted after Stealing from Profit Sharing PlanRead the Press Release
GRAND JUNCTION – A federal jury sitting in Grand Junction found Anita Harmon, age 62, of Steamboat Springs, Colorado, guilty of two counts of embezzlement from an employee benefit plan, announced United States Attorney Jason Dunn and U.S. Department of Labor Employee Benefits Security Administration Regional Director Jim Purcell. The jury returned its verdict on May 10, 2019, before United States District Court Judge R. Brooke Jackson. Harmon was acquitted of two other counts.
According to court records and evidence presented at trial, Anita Harmon was the trustee for an ERISA plan called the Healthcare Financial Assistance Corporation Profit Sharing Plan. The company that sponsored the plan went out of business and, in September 2012, Harmon transferred the plan assets from one bank account to another to which she had access and to accounts in the name of limited liability corporations controlled by her. Thereafter, Harmon depleted the plan account through periodic transfers into her other accounts until, in November 2014, she emptied it out entirely. From the other accounts, she wrote checks for rent, taxes, and other items unconnected to plan administration. Altogether, she took over $24,000 from the plan.
“Theft from employee plans like this hurts real people,” said U.S. Attorney Jason Dunn. “We prosecute these cases to make sure that the employees who were cheated receive justice.”
“Theft from retirement plans and pensions has significant adverse effects on the livelihood and peace of mind of workers,” said Employee Benefits Security Administration Regional Director Jim Purcell, in Kansas City. “Our Department takes these actions seriously and will continue to investigate any action that threatens retirement benefits workers have earned.”
For the counts of conviction in this matter, the defendant may be sentenced to not more than five years imprisonment, not more than a $250,000 fine, followed by not more than three years supervised release. Sentencing is set for August 6, 2019.
This matter was investigated by the U.S. Department of Labor Employee Benefits Security Administration. The defendant was prosecuted by Special Assistant U.S. Attorney Dan Burrows and Assistant U.S. Attorney Jeremy Chaffin.
Case No. 18-cr-270
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Federal Jury Convicts Chief Executive Officer for Obstructing and Defrauding the IRS and Stealing Money from Employee Healthcare and 401(K) PlansRead the Press Release
DENVER – Riordan A. Maynard, age 50 of Centennial, was found guilty of corruptly impeding the administration of tax laws, conspiracy to defraud the United States, conspiracy to steal or embezzle employee benefit plan and healthcare funds, and theft or embezzlement in connection with healthcare following a seven day jury trial before U.S. District Court Judge Christine M. Arguello, announced United States Attorney Jason R. Dunn, IRS Criminal Investigation Special Agent in Charge Steven Osborne and U.S. Department of Labor Employee Benefits Security Administration Regional Director Jim Purcell. The federal jury returned its verdict yesterday afternoon.
According to court records and evidence presented at trial, Maynard served as the Chief Executive Officer of two communications technology companies located in Denver, Colorado, Touchbase USA (TBUSA) and its successor company Touchbase Global Services, Inc. (TBGSI). TBGSI offered a 401(k) savings plan to the employees of both TBGSI and TBUSA. Maynard conspired with a co-conspirator to steal funds that employees had directed TBGSI to withhold from their paychecks for 401(k) plans, and ultimately stole over $60,000 of 401(k) withholdings and used them for other TBGSI expenses.
TBGSI also claimed to offer a healthcare benefit program to TBGSI employees. In 2017, TBGSI claimed to contribute $600 per month to each participant’s premiums. Participants were responsible for the remainder of the premium cost. TBGSI automatically deducted the participant contribution from each participant’s paycheck. TBGSI was responsible for forwarding the full premium to the health insurance carrier. Maynard was convicted of stealing over $50,000 in funds that employees had withheld from their paychecks for their health insurance plans. Maynard then failed to pay for health insurance coverage. By June 2017, TBGSI owed over $100,000 to the health insurance carrier, which then terminated coverage for the employees. Numerous employee healthcare claims were denied.
TBUSA and TBGSI were also required to pay payroll taxes to the IRS. From early 2012 through September 2017, Maynard corruptly impeded the IRS’s attempts to collect these taxes. Maynard closed TBUSA and reopened it as TBGSI to avoid paying more than $2.5 million in unpaid payroll taxes owed to the IRS. TBGSI then ran up an additional unpaid payroll tax liability of over $2 million. Maynard transferred funds from business accounts to Maynard’s personal account to avoid IRS levies. And he conspired with a co-conspirator to falsely tell TBGSI customers that IRS levies they had received were in error, in an effort to prevent customers from sending money to the IRS.
“We thank the jury for their service in this case and appreciate the care in which they sorted through each of the 26 counts and more than 400 exhibits,” said United States Attorney Jason Dunn. “Economic crimes such as this are complicated, but thanks to the hard work of our law enforcement partners and our prosecutors, the result in this case will bring justice for the employees who were cheated of their benefits, as well as for the taxpayers.”
“Today’s verdict is a win for the employees of the companies Mr. Maynard used to steal their money and a win for the United States government. Corporate executives like Mr. Maynard have a responsibility to withhold income taxes for their employees and then remit those taxes to the IRS. Actions like Mr. Maynard’s result in the loss of tax revenue to the United States government and the loss of future social security or Medicare benefits for the employees," stated IRS Criminal Investigation Special Agent in Charge Steven Osborne.
“The prosecution of theft and embezzlement from employee benefit plans supports the Department of Labor’s mission to protect the rights of America’s workers, including the right to receive benefits earned through employer sponsored retirement and health benefit plans,” said Jim Purcell, Employee Benefits Security Administration’s Regional Director in Kansas City. “EBSA will continue to aggressively investigate such crimes on behalf of workers nationwide.”
Corruptly impeding administration of tax laws carries a penalty of not more than three years imprisonment and a fine of not more than $250,000 fine or two times the gain or loss. Conspiracy to defraud the United States carries a penalty of not more than five years imprisonment and a fine of not more than $250,000. Conspiracy to steal or embezzle an employee benefit plan carries a penalty of not more than five years imprisonment and not more than a $250,000 fine. Theft or embezzlement in connection with healthcare carries a penalty of not more than 10 years imprisonment and not more than a $250,000 fine.
Maynard is scheduled to be sentenced on August 12, 2019.
This matter was investigated by the Department of Labor Office of Inspector General, the Internal Review Service Criminal Investigation, and the Department of Labor’s Employee Benefits Security Administration. This matter is being prosecuted by Assistant U.S. Attorneys Rebecca S. Weber and Aaron M. Teitelbaum.
The indictment contains certain charges against a co-conspirator, who has not yet been tried. As to the co-conspirator, the charges in the indictment remain allegations.
Case No. 18-cr-395
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Distribution of Methamphetamine and Heroin Leads to Federal ConvictionRead the Press Release
DENVER – A federal jury sitting in Denver found Troy Andrew Lujan, age 36, of Lakewood, Colorado, guilty of two counts related to the distribution of methamphetamine and heroin, announced United States Attorney Jason R. Dunn and Denver FBI Special Agent in Charge Dean Phillips.
Defendant Lujan was indicted by a grand jury on November 15, 2018, and ordered detained pending trial on December 12, 2018. According to court records and evidence presented at trial, on October 24, 2017, a confidential informant met Lujan at his apartment in Lakewood to complete a planned drug transaction. The deal was audio and video recorded. Lujan sold the confidential informant a half an ounce of methamphetamine and a half an ounce of heroin for $950. In addition to that recorded transaction, evidence at trial also revealed Lujan was selling approximately an ounce a day of both methamphetamine and heroin out of his apartment and that he had approximately 20 regular customers.
After receiving this evidence, the jury returned convictions on both counts yesterday afternoon. The trial lasted only two days.
“Heroin and methamphetamine are destroying lives in the State of Colorado,” said United States Attorney Jason Dunn. “We’ve made targeting these crimes a priority in our state and are grateful for the excellent work of all our law enforcement partners, including the FBI, who are working to remove drug dealers from our communities.”
“The FBI’s partnership with the United States Attorney’s Office ensures that violent criminals in our community are held accountable for their actions,” said FBI Denver Special Agent in Charge Dean Phillips. “Yesterday's conviction of Troy Andrew Lujan should serve as a deterrent to those intent on trafficking drugs to our community's citizens.”
For his convictions, defendant Lujan faces no less than five years in prison, not more than a five million dollar fine, followed by at least four years of supervised release. Lujan will be sentenced at a later date by Chief United States District Court Judge Philip A. Brimmer.
This matter was investigated by the FBI. The defendant was prosecuted by Assistant U.S. Attorneys Peter McNeilly and Rajiv Mohan.
Case No. 18-cr-533
Bible-Wielding Drug Dealer Sentenced to 23 Years on Federal Gun and Drug ConvictionsRead the Press Release
DENVER – Miguel Antonio Garcia, age 40, of Denver, was sentenced to 280 months (23.3 years) in prison on May 10, 2019, by U.S. District Court Judge Raymond P. Moore, announced U.S. Attorney Jason Dunn and ATF Denver Special Agent in Charge David Booth. Following the defendant’s prison term, he will serve an additional five years on supervised release.
Garcia was first charged by criminal complaint on July 13, 2018, and was subsequently charged by indictment on July 26, 2018. A superseding indictment was filed on January 10, 2019. On February 6, 2019, he was found guilty, following a three-day jury trial, of possession of a firearm and ammunition by a prohibited person, possession with intent to distribute a controlled substance, and possession of a firearm in furtherance of a drug trafficking crime. The jury deliberated for an hour and a half before returning its verdicts.
According to court documents, as well as facts presented during trial, on July 11, 2018, an individual called 911 claiming that Garcia was walking the streets of Denver with a backpack and a bible and had asked the caller for a drink. The 911 caller claimed he invited the defendant up to his apartment and gave him some water. The defendant pulled a gun from inside his waistband, and another from inside a bible case. The defendant then fled the scene when the individual called 911. Within minutes, the defendant was located on the same block carrying a bible, but without the backpack or the two guns. Soon thereafter, the backpack was recovered under a nearby tree. It contained a loaded 10mm semi-automatic handgun, a loaded 9mm semi-automatic handgun, approximately 360 grams (0.79 pounds) of methamphetamine, two scales, and several empty plastic baggies. The backpack also contained a motel room key sleeve which matched a motel key found in Garcia’s pocket and the backplate of a cellphone which matched the phone in Garcia’s pocket. Additionally, the bible Garcia had at the time of his arrest contained indentation marks on the cover and the case which matched the 10mm handgun in the backpack.
“Dangerous drug dealers need to be removed from our community,” said U.S. Attorney Jason Dunn. “This defendant will now go to jail for the next twenty-three years, ensuring that he is off the streets and that our community is safer as a direct result. I commend the hard work of the ATF, as well as our prosecutors in ensuring justice was achieved.”
“Garcia was a threat to the community, rewarding a stranger’s goodwill with a threat of violence,” said ATF Denver Special Agent in Charge David Booth. “ATF will continue to use every resource available to pursue violent criminals and ensure our communities are safe.”
This matter was investigated by the ATF and prosecuted by Assistant U.S. Attorneys Peter McNeilly and Conor Flanigan.
CASE NUMBER: 18-cr-00363