District of Colorado
Press releases recorded for this federal judicial district.
Thornton Man Indicted for Falsely Filing Client Tax ReturnsRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Lance McCuistion, 56, of Thornton, Colorado, was indicted by a federal grand jury for preparing false tax returns on behalf of clients.
In July 2014, McCuistion plead guilty to preparing false tax returns in a prior investigation and was sentenced to probation. As a result of that offense, McCuistion was unable to obtain a Preparer Tax Identification Number (PTIN). However, according to the indictment, from approximately April 2018 through April 2022, McCuistion used PTINs in the names of three individuals associated with McCuistion to prepare tax returns on behalf of clients. These tax returns claimed items for which McCuistion knew the taxpayers were not eligible in order to increase refunds or reduce taxes due.
The defendant made his initial appearance on April 12, 2024, before Magistrate Judge Scott T. Varholak.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty.
This case is being investigated by the Internal Revenue Service – Criminal Investigation. The case is being prosecuted by Assistant United States Attorney Sarah Weiss.
Case Number: 24-cr-00116-CNS
Parker Man Indicted for Economic Injury and Disaster Loan and Payroll Protection Program Fraud SchemeRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces Tarek Kassem, 63, of Parker, Colorado, was indicted by a federal grand jury for wire fraud and money laundering.
According to the indictment, from March 2020 and through at least March 2023, the defendant applied for and received more than $1.4 million dollars in Small Business Association (SBA) Economic Injury Disaster Loans (EIDL) and more than $300,000 in Payroll Protection Program (PPP) funds under three business names. These applications contained a number of false and fraudulent certifications and representations, including representations that funds would be used to pay eligible business expenses, when, in fact, the bulk of the proceeds were used for the defendant’s personal benefit. The defendant also applied for, and obtained, unemployment benefits in the State of Colorado during the COVID-19 pandemic.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted in March 2020 and was designed to provide emergency financial assistance to Americans dealing with the economic impact of the COVID-19 pandemic. The CARES Act created the PPP, a program administered by the SBA that provided loans to small businesses to retain workers, maintain payroll, and certain other expenses consistent with PPP rules. Additionally, the CARES Act authorized the SBA to provide EIDLs to eligible small businesses experiencing substantial financial disruptions due to the COVID-19 pandemic.
The defendant made his initial appearance on March 26, 2024, before Chief Magistrate Judge Michael E. Hegarty. The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty.
This case is being investigated by Internal Revenue Service – Criminal Investigation, the Federal Bureau of Investigation, and the Department of Labor – Office of Inspector General. The case is being prosecuted by Assistant United States Attorney Nicole Cassidy.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Loveland Police Department Officer Indicted for Sexual Assault of MinorRead the Press Release
DENVER--A former police officer with the Loveland, Colorado, Police Department was charged in an indictment unsealed on Friday for sexually assaulting a minor while he was on duty.
According to the indictment, on or about Aug. 4, 2023, Dylan Miller, 28, while on duty as a Loveland Police Department officer, sexually assaulted a minor. If convicted, Miller faces a maximum penalty of life in prison.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Cole Finegan for the District of Colorado, and Special Agent in Charge Mark Michalek of the FBI Denver Field Office made the announcement.
The FBI Denver Field Office, Loveland Resident Agency, and Larimer County Sheriff’s Office investigated the case, with cooperation from the Loveland Police Department.
Senior Sex Crimes Counsel Maura White of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Alison Connaughty for the District of Colorado are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless and until proven guilty in a court of law.
Former Colorado Police Department Officer Indicted for Sexual Assault of MinorRead the Press Release
A former police officer with the Loveland, Colorado, Police Department was charged in an indictment unsealed on Friday for sexually assaulting a minor while he was on duty.
According to the indictment, on or about Aug. 4, 2023, Dylan Miller, 28, while on duty as a Loveland Police Department officer, sexually assaulted a minor. If convicted, Miller faces a maximum penalty of life in prison.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Cole Finegan for the District of Colorado and Special Agent in Charge Mark Michalek of the FBI Denver Field Office made the announcement.
The FBI Denver Field Office, Loveland Resident Agency and Larimer County, Colorado, Sheriff’s Office investigated the case, with cooperation from the Loveland Police Department.
Senior Sex Crimes Counsel Maura White of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Alison Connaughty for the District of Colorado are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless and until proven guilty in a court of law.
Federal Jury Convicts Felon on Drug, Firearms ChargesRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Timothy Martinez, age 46, of Pueblo, was found guilty on one count of possession of methamphetamine with an intent to distribute, one count of possession of para-flurofentanyl with an intent to distribute, one count of carrying a firearm during and in relation to a drug trafficking crime, and one count of being a felon in possession of a firearm. A federal jury in Denver returned a guilty verdict against Martinez on Thursday, March 7, 2024.
According to the facts established at trial, Martinez was well known to the Pueblo Police Department. When he was arrested in July of 2023 on an unrelated active warrant, officers found a loaded semiautomatic handgun, fentanyl pills, methamphetamine, other drugs, and various types of ammunition. Martinez has prior felony convictions for aggravated battery, sex assault, failure to register as a sex offender, trespassing, domestic violence, controlled substance possession, and possession of a controlled substance with an intent to distribute.
“The Office of the United States Attorney in Colorado continues to work toward our goal of making our state safer by getting criminals like this off the streets,” said Cole Finegan, United States Attorney for the District of Colorado. “Once again, this type of conviction is made possible by effective, local, state, and federal partnerships.”
“The FBI is committed to working with local law enforcement to stamp out violent crime and protect our communities. Federal task forces augment local agencies with specialized investigative resources and open pathways for federal prosecution. That is what happened in this case worked by our Organized Crime Drug Enforcement Task Force with Pueblo Police” said FBI Denver Special Agent in Charge Mark Michalek. “This conviction should send a clear message that we will continue to pursue the most violent and persistent offenders and hold them accountable to the fullest extent of the law.”
United States District Court Judge Daniel D. Domenico presided over the jury trial. Martinez will be sentenced later.
The FBI conducted the investigation. Assistant United States Attorneys Aly Mance and Dustin Andre-Vandenberg handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case Number: 23-CR-00347
Traffickers Sentenced to Federal Prison for their Roles in the Distribution of Firearms, Fentanyl and Methamphetamine in ColoradoRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Xavier Drew, age 29, of Englewood, Colorado, was sentenced on March 6, 2024, to 162 months in prison, followed by five years of supervised release. Drew was also ordered to pay restitution to the Small Business Administration for a $14,862 fraudulent PPE Covid Loan he received. Co-defendant, Esvin Ivan Calles-Corrales, 28, of Phoenix, Arizona, was sentenced on March 7, 2024, to 60 months imprisonment, and a subsequent three-year term of supervised release. Additional defendants in the case have pled guilty and are awaiting sentencing.
According to court documents, Drew plead guilty to one count of conspiracy to distribute 400 grams and more of fentanyl, and 50 grams and more of methamphetamine, and to one count for trafficking firearms. The defendant also agreed to pay restitution to the Small Business Association for a fraudulent Paycheck Protection Program loan application. Calles-Corrales pled guilty to two counts, alleging the distribution of both methamphetamine and fentanyl in the District of Colorado and elsewhere.
Starting in 2022, the Bureau of Alcohol, Tobacco, and Firearms (ATF), the United States Postal Inspection Service (USPIS) and the Drug Enforcement Administration (DEA) initiated an investigation into a suspected criminal street gang involving Drew and his associates. The investigation revealed that Drew was engaged in the illegal sale firearms, including semi-automatic weapons, “ghost guns” (lacking serial numbers), firearms with obliterated serial numbers, a silencer and Glock “switches”, which are 3-D printed devices that allow a handgun to fire in a fully automatic manner. He and his associates, referred to as members of the “GUWOP gang”, were also selling fentanyl and methamphetamine.
While investigating Drew’s sources of supply, the United States Postal Inspection Service (USPIS) discovered a parcel addressed to Drew that included an children’s music box with a vacuum-sealed bag containing a large quantity of methamphetamine and a latex glove containing a large quantity of fentanyl pills. Further investigation revealed that Calles-Corrales shipped the package from Arizona to Drew’s Aurora, Colorado address. It was determined that Calles-Corrales was shipping narcotics from Arizona to Colorado and facilitating the transfer of related proceeds to Mexico.
During the investigation, agents seized large quantities of methamphetamine and thousands of fentanyl pills. They also seized and forfeited numerous firearms, Glock “switches” and over $19,000 in U.S. currency.
“The primary goal of the Office of the United States Attorney of Colorado is to keep our communities safe,” said United States Attorney Cole Finegan. “When armed drug dealers are taken off the streets, we move one step closer to a safer Colorado. I continue to commend our law enforcement partners for their critical, dedicated work toward helping achieve this goal.”
“Xavier Drew was a key figure in a vast criminal network which engaged in firearms and narcotics trafficking, extending far beyond our Colorado communities, said ATF Special Agent in Charge Brent Beavers. Thanks to the hard work of our ATF special agents and our partners at the USPIS and DEA, their criminal enterprise has been dismantled as they now face justice within the confines of federal prison."
“This investigation affirms the correlation between drug trafficking and firearms. The results of this investigation affirm that DEA and our partners will continue to pursue those individuals and their networks which are causing our communities harm,” said Drug Enforcement Administration Rocky Mountain Field Division Acting Special Agent in Charge David Olesky.”
United States District Court Judge Raymond P. Moore presided over the sentencings on March 6 and 7, 2024. The ATF, USPIS, and the DEA investigated this case. Assistant United States Attorney Brad Giles handled the prosecution.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information on the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Colorado Springs Man Sentenced in Three Colorado Bank RobberiesRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Aron Radej, 39, of Colorado Springs, was sentenced to 204 months in prison after pleading guilty to three counts of bank robbery, and one count of a being a felon in possession of a firearm and ammunition.
According to the facts in the plea agreement, Radej was on federal supervised release in April 2023 for a prior conviction of being a felon in possession of a firearm when he robbed three banks in Colorado Springs, Pueblo, and Thornton by threatening tellers at each location. Radej was identified by law enforcement and arrested on May 2, 2023, in the passenger seat of a rented minivan. Radej had two loaded firearms in a backpack at his feet at the time of arrest.
“This case and sentence demonstrate that we will not stand for repeat criminal offenders in our communities,” said United States Attorney Cole Finegan. “We continue to commend the work of our local, state and federal partners when helping to bring people like this to justice.”
"We appreciate the collaborative efforts of the Colorado Springs Police Department, Pueblo Police Department and Thornton Police Department in stopping this repeat offender's violent crime spree," said FBI Denver Special Agent in Charge Mark Michalek. "FBI Denver and our law enforcement partners remain laser-focused on reducing gun violence and ensuring that those who victimize citizens for personal gain are brought to justice."
United States District Court Judge Regina M. Rodriguez presided over the sentencing on March 6, 2024. The FBI investigated this case. Assistant United States Attorney Brian Dunn handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case Number: 15-CR-00037
Federal Jury Convicts Sheriff’s Deputy for Providing Firearm to a FelonRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Johnny Alvarado 33, of Lakewood, was found guilty of providing a firearm to a felon. A federal jury in Denver returned a guilty verdict against Alvarado on Monday, March 4, 2024.
According to the facts established at trial, a United States probation officer made a routine home visit to Kyle Garcia, a felon on supervised release. While there, the probation officer located a loaded firearm in a closet. During that visit, Garcia admitted to having the firearm, handling it, and racking the slide to see if there was ammunition in the firearm. Garcia received the firearm from his brother-in-law, Johnny Alvarado, an Arapahoe County Sheriff’s Deputy. Alvarado admitted to the probation officer that he provided the firearm to Garcia knowing he was a felon.
Garcia pled to one count of being a felon in possession of a firearm and was sentenced to 66 months of probation. Alvarado will be sentenced at a later date.
United States District Court Judge John L. Kane presided over the jury trial.
The ATF conducted the investigation. Assistant United States Attorney Celeste Rangel and Aurora Special Assistant United States Attorney Leah Perczak handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case Number: 23-CR-00271-JLK
Two Southeastern Colorado Farmers Sentenced to Federal Prison and Will Pay over $6.5 Million for Defrauding Federal Crop Insurance ProgramsRead the Press Release
DENVER—U.S. Attorney Cole Finegan announced today that Patrick Esch and Ed Dean Jagers of Springfield, Colorado, have agreed to pay over $6.5 million to resolve allegations that they defrauded federal crop insurance programs by tampering with and damaging rain gauges.
One way the United States Department of Agriculture supports farmers and ranchers is by providing federal funding for crop insurance programs that pay indemnities when there is less than the usual amount of precipitation. Mr. Esch and Mr. Jagers concocted a scheme to defraud these insurance programs by making it appear that there was less precipitation in their area than there actually was. To carry out that scheme, the members of the conspiracy, including Mr. Esch and Mr. Jagers, tampered with and damaged rain gauges in southeast Colorado between July 2016 and June 2017 to prevent those gauges from accurately measuring rainfall. Some of the rain gauges that were tampered with belonged to the National Oceanic and Atmospheric Administration and were operated by the National Weather Service.
The conspirators used various means and methods to tamper with the rain gauges. Mr. Esch covered gauges in southeastern Colorado with agricultural equipment and used other means as well, such as filling gauges with silicone to prevent them from collecting moisture, cutting wires on the gauges, or detaching and then tipping over the bucket that collected precipitation. Mr. Jagers typically used an agricultural disc blade to cover up a rain gauge in Lamar, Colorado. This tampering created false records making it appear that less rain had fallen than was the case.
The United States investigated Mr. Esch and Mr. Jagers using civil tools, including the False Claims Act, which imposes civil penalties for certain types of fraud on the federal government, and the Financial Institutions Reform, Recovery, and Enforcement Act, which imposes civil penalties for a variety of misconduct, including knowingly making any false statement or report for the purpose of influencing in any way the action of the Federal Crop Insurance Corporation. The United States alleges that this conduct violated both statutes. Mr. Esch and Mr. Jagers have agreed to pay a combined $3.5 million to settle these civil allegations.
The United States also indicted Mr. Esch and Mr. Jagers criminally for their roles in the conspiracy. Mr. Esch and Mr. Jagers both pled guilty and were sentenced to pay a combined $3.1 million in restitution. Mr. Esch was also sentenced to be imprisoned for a term of two months. Mr. Jagers was sentenced to be imprisoned for a term of six months. The criminal action is United States v. Esch, 23-cr-00259-CNS (D. Colo.).
“Hardworking farmers and ranchers depend on USDA crop insurance programs, and we will not allow these programs to be abused,” said U.S. Attorney Cole Finegan. “This case also shows the full measure of justice that can be achieved when our office uses both civil and criminal tools to protect vital government programs.”
“The OIG works steadfastly to uphold the integrity of Federal programs, and we’ll relentlessly investigate those who defraud the American taxpayers and the Federal Government,” said Special Agent-in-Charge Shawn Dionida with the U.S. Department of Agriculture, Office of Inspector General. “We thank the U.S. Attorney’s Office and our law enforcement partners for pursuing justice until the conspirators were held accountable for tampering with government equipment for the purpose of exploiting the Federal Crop Insurance Program to fraudulently receive funds they were not entitled to receive.”
“The Department of Commerce OIG is dedicated to working with the Department of Justice and our law enforcement partners to curb fraud, waste, and abuse. We continue to vigorously investigate those individuals who seek to compromise the integrity of National Weather Service equipment and data in an effort to defraud the Federal Government. We greatly appreciate the cooperation and effort of the United States Attorney’s Office and our law enforcement partners in ensuring justice is served in this matter,” said Jeffrey Lysaght, Special Agent in Charge, U.S. Department of Commerce, Office of Inspector General.”
“These defendants orchestrated a scheme to defraud the federal government. Holding them accountable would not have been possible without assistance from our partners at the U.S. Attorney’s Office for Colorado and the Offices of the Inspector General at U.S. Department of Agriculture and U.S. Department of Commerce,” said FBI Denver Special Agent in Charge Mark Michalek. “The FBI will continue to track down opportunists who try to cheat the system for personal benefit.”
The claims resolved in the civil settlements are allegations. In agreeing to settle, Mr. Esch and Mr. Jagers did not admit liability except to the extent admitted in their guilty pleas.
The civil settlements also resolve qui tam allegations against Mr. Esch and Mr. Jagers brought in federal court by private party. The qui tam or whistleblower provisions of the False Claims Act allow a private party known as a “relator” to file an action on behalf of the United States and receive a portion of the recovery. In this case, the relator has passed away, and the relator’s estate will receive approximately $500,000. The qui tam action is United States ex rel. Fox v. Esch, 20-cv-03744-MDB (D. Colo.).
The investigations into this crop insurance fraud scheme were a coordinated effort by the U.S. Attorney’s Office for the District of Colorado, the U.S. Department of Agriculture, Office of Inspector General, the U.S. Department of Commerce, Office of Inspector General, and the FBI. The criminal matter was handled by Assistant United States Attorney Bryan Fields. The civil matter was handled by Assistant United States Attorney Jasand Mock.
Keenesburg Man Charged in Two Colorado Bank RobberiesRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that John Michael Kirby, 56, has been charged by federal complaint in connection with bank robberies in Brighton, Colorado.
According to allegations in the criminal complaint, in the month of February 2024, Kirby robbed two banks in Brighton.
The Defendant had his initial appearance before United States Magistrate Judge Kathryn A. Starnella on February 26.
The case is being investigated by the FBI Rocky Mountain Safe Streets Task Force, and the Denver Police Department. Assistant United States Attorney Brian Dunn is handling the prosecution.
The charges in the complaint are allegations and the Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 1:24-mj-00032-KAS
Monte Vista Man Sentenced to 30 Months After Conviction on Firearms ChargesRead the Press Release
DURANGO – The U.S. Attorney’s Office for the District of Colorado announces that Titus Naranjo, age 42, was sentenced to 30 months in federal prison and three years of supervised release for possessing firearms after previously being convicted of a felony. Naranjo will serve his federal sentence consecutively to a Colorado prison sentence for a felony drug distribution offense.
According to court documents, Naranjo was a well-known drug dealer in Monte Vista, Colorado. Naranjo had five prior drug-related convictions dating back to 2015 in Rio Grande County, including several felonies. In April 2021, law enforcement searched Naranjo’s residence, yielding a large amount of methamphetamine. In November of that same year, local law enforcement encountered Naranjo while executing a search warrant on a house to facilitate the arrest of another drug dealer and gang member. Officers found a Charter Arms .38 special revolver in one of Naranjo’s pockets, and 14 grams of methamphetamine in the other.
“Armed drug dealers present a unique danger to our communities,” said United States Attorney Cole Finegan. “Effective coordination between our local partners, like our cooperation with the Monte Vista Police Department and the ATF in this case can and do result in significant consequences and deterrence.”
"The Monte Vista Police Department will continue to pursue criminals in our communities who are dealing drugs and poisoning our citizens,” said Monte Vista Police Chief George Dingfelder. “Our commitment to the community is to use all available resources to hold these people accountable for their crimes.”
“Firearms illegally possessed by violent felons, especially when involved in drug activity, frequently lead to an increase of violent crime within our communities, said ATF Special Agent in Charge Brent Beavers. “Our commitment remains unwavering in targeting these individuals while working hand in hand with our law enforcement partners to reduce violent crime.”
The Monte Vista Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation in this matter. Assistant United States Attorney Jeffrey Graves handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case No. 23-cr-00003-GPG-JMC
Longmont Man Charged in Four Denver Area Bank RobberiesRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Nicholas Alfonso Archuleta, age 40, has been charged in connection with a series of bank robberies in the Denver metro area. Archuleta is charged with four counts of bank robbery.
According to allegations in the indictment, during the months of December 2023, and January 2024, Archuleta robbed three banks and attempted to rob a fourth in the cities of Thornton, Denver, Boulder, and Greenwood Village, Colorado.
The Defendant had his initial appearance before United States Magistrate Judge N. Reid Neureiter on February 21.
This case is being investigated by the FBI Rocky Mountain Safe Streets Task Force, the Thornton Police Department, the Denver Police Department, the Boulder Police Department, and the Greenwood Village Police Department. Assistant United States Attorney Brian Dunn is handling the prosecution.
The charges in the indictment are allegations and the Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 1:24-cr-00052-CNS
Denver Man Charged in Five Denver Bank RobberiesRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Samuel Richard Ruthstrom, age 41, has been charged by federal complaint in connection with a series of bank robberies in the city and county of Denver.
According to allegations in the criminal complaint, in the month of January 2024, Ruthstrom robbed a series of banks around the city and county of Denver.
The Defendant had his initial appearance before United States Magistrate Judge Kathryn A. Starnella on February 8.
The case is being investigated by the FBI Rocky Mountain Safe Streets Task Force, and the Denver Police Department. Assistant United States Attorney Brian Dunn is handling the prosecution.
The charges in the complaint are allegations and the Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 1:24-mj-00025-KAS
Colorado Springs Woman Sentenced to 30 Years for Distributing Fentanyl Which Killed TeenagerRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Marlene McGuire, 59, of Colorado Springs was sentenced to 30 years in prison for her role in a conspiracy to distribute fentanyl resulting in the death of a juvenile. McGuire was found guilty by a federal jury in Denver in September of 2023.
According to the facts established at trial, on January 30, 2022, McGuire sold four pills which contained fentanyl and para-fluorofentanyl to the three juveniles near a fire station in the Security-Widefield area of Colorado Springs. On January 31, 2022, the father and stepmother of one of the juveniles—a 16-year-old boy—discovered the boy deceased in his bedroom in their home. The boy’s parents and paramedics attempted to resuscitate him, but the boy had already died. Police and a deputy coroner found paraphernalia used for smoking fentanyl pills in the boy’s room and near his body, as well as two remaining blue pills in a baggie in his dresser drawer. After an autopsy, the El Paso County Coroner’s Office determined the otherwise healthy boy’s cause of death was acute fentanyl and para-fluorofentanyl toxicity. The Drug Enforcement Administration (DEA) Western Laboratory tested the two pills found in the boy’s dresser drawer. Both pills contained para-fluorofentanyl, a dangerous chemical analogue of fentanyl. One of the two pills also contained fentanyl, lidocaine, and xylazine.
An investigation by the Federal Bureau of Investigation (FBI) and the Colorado Springs Police Department (CSPD) identified McGuire and a co-defendant as the individuals who sold the blue pills that killed the boy. The investigation also revealed that they had been engaged in a conspiracy to sell various controlled substances—including methamphetamine, heroin, cocaine, and blue pills—since at least May 2020. On February 21, 2022, the FBI and CSPD executed a federal search warrant at McGuire’s long-time residence in Colorado Springs. In addition to finding both McGuire and a co-defendant in the residence, law enforcement officers located and seized methamphetamine, heroin, cocaine, and a blue pill which contained fentanyl.
“Fentanyl again has ended the life of someone far too soon, and it is infuriating that an adult contributed so strongly to a young person’s untimely death,” said U.S. Attorney Cole Finegan. “We are grateful to our agency partners for their perseverance in getting this drug off the street.”
“Sadly, communities continue to grapple with the effects of fentanyl sales and deaths. Law enforcement alone can’t solve the latest drug crisis, but the FBI will continue to work with partners like the Colorado Springs Police Department to target the worst offenders and hold them accountable,” said FBI Denver Special Agent in Charge Mark Michalek. “This sentence should send a strong message to those who choose to sell fentanyl.”
“I am saddened by the tragic loss of a young member of our community to the fentanyl epidemic,” said Colorado Springs Police Department Chief Adrian Vasquez. “Fentanyl is having deadly consequences here in Colorado Springs. This case underscores the effectiveness of our collaborative efforts with our federal partners, including the FBI, and demonstrates our unwavering commitment to holding accountable those in our community who prey on others. This sentence also highlights the reason CSPD continues to advocate for stricter state laws that could be used to increase accountability for these crimes.”
United States District Court Judge Regina M. Rodriguez sentenced the defendant on February 22, 2024. After serving her custodial sentence, the defendant will have six years of supervised release.
The Federal Bureau of Investigation (FBI) and the Colorado Springs Police Department conducted the investigation. The prosecution as handled by Assistant United States Attorneys Peter McNeilly and Alyssa Mance.
CASE NUMBER: 1:22-cr-00080-RMR
Federal Jury Convicts Man in Armed Robbery of Westminster Gas StationRead the Press Release
DENVER - The U.S. Attorney’s Office for the District of Colorado announces that a federal jury in Denver has convicted Dimas Alexander Munguia-Herrera for armed robbery of a Conoco gas station and for discharging a firearm during and in relation to that armed robbery, which is a crime of violence under federal law.
According to court documents and facts presented at trial, Minguia-Herrera committed the robbery of cash and other items just before he discharged a firearm at a Conoco gas station in Westminster, Colorado, on January 12, 2023. Surveillance footage at trial showed a masked Munguia-Herrera pointing the gun before he discharged it into the wall barely missing the cashier. He left the Conoco gas station in a stolen white Bronco, which was later found with evidence inside that traced back to the Defendant.
“Our office is committed to making Denver a safer place to live,” said U.S. Attorney Cole Finegan. “This prosecution is another step in the right direction.”
“The FBI continues to work with agencies like Westminster Police to target the violent criminals terrorizing communities across Colorado,” said FBI Denver Special Agent in Charge Mark Michalek. “We will continue to leverage our resources and partnerships to get the bad actors off the streets.”
United States Chief District Court Judge Philip A. Brimmer presided over the federal jury trial. Sentencing will be scheduled at a later date.
The Westminster Police Department, the Denver Police Department, and the FBI Safe Streets Task Force conducted the investigation. Assistant United States Attorneys Albert Buchman and Alison Connaughty handled the prosecution.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case No. 23-cr-105-PAB
Denver Jury Convicts Former Corporate CFO and Wife of Wire FraudRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Michael Aaron Tew, 44, and Kimberly Ann Tew, 42, both of Denver, Colorado were found guilty for their roles in a wire fraud scheme that defrauded National Air Cargo, a logistics company and contractor for the Department of Defense. A federal jury in Denver returned guilty verdicts against the Tews on Thursday, February 15, 2024.
According to the facts established at trial, beginning in 2018, Michael Tew and Kimberly Tew conspired to defraud National Air Cargo through the submission of dozens of false invoices for services and items that were never provided. Over the course of two years, with the help of a co-conspirator, the Tews defrauded the business of five million dollars. Testimony at trial demonstrated the Tews gambled away much of the money and spent $2.4 million buying Bitcoin at Bitcoin ATMs across the Denver area. Michael Tew also failed to file federal income tax returns for tax years 2016 through 2019, on both his earned income and funds obtained from the fraud scheme.
“Financial crimes are serious, and this verdict shows there are consequences to such actions,” said U.S. Attorney Cole Finegan. “We thank both IRS CI and the FBI for their exceptional work and partnership on this long-running investigation, which helps to ensure that fraudsters are held accountable for their actions.”
“IRS CI special agents are the federal law enforcement’s premier financial investigators, and we will continue to lead the way in investigating tax cases and financial crimes,” said Todd Martin, Special Agent in Charge, Denver Field Office. “This verdict is an example of the impressive work of our special agents and reinforces the fact that we work diligently to investigate tax crimes. We are proud to have assisted the U.S. Attorney’s Office and the FBI in unraveling the Tew’s sophisticated scheme and holding them accountable for evading their taxes and stealing from National Air Cargo.
“FBI Denver’s Complex Financial Crimes squad will continue to work with our state, local and federal partners to investigate and seek justice for when criminals cheat, lie and steal for their own personal gain,” said Special Agent in Charge Mark Michalek.
United States District Court Judge Daniel D. Domenico presided over the jury trial. Sentencing will be held at a later date.
IRS CI and the FBI conducted the investigation. Assistant United States Attorneys Bryan Fields and Sarah Weiss, and former AUSA Hetal Doshi handled the prosecution.
Case Number: 20-cr-305-DDD
Colorado Springs Man Sentenced to 27 Months in Federal Prison for Possessing 11 Firearms as a Prohibited PersonRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Chad Edward Keith, age 42, was sentenced to 27 months in federal prison for possessing firearms after previously being convicted of a felony.
According to court documents, Keith maintained properties in both Colorado Springs and Cotopaxi, Colorado. At his properties, Keith possessed 11 firearms, including rifles and a shotgun. He previously had been convicted of a felony explosives offense, which is a crime punishable by imprisonment for a term exceeding one year. During the execution of search warrants related to this case, federal agents observed various paraphernalia and propaganda related to white supremacy and Nazism. In the defendant’s Colorado Springs residence, agents found a flyer with pictures of various Congressmen and Senators with images of the Star of David on their foreheads. The placement of the Stars of David were suggestive of firearms bullseye targets.
“Coloradans can rest easier knowing that a dangerous person is behind bars,” said United States Attorney Cole Finegan. “Together with our law enforcement partners, we remain committed to making sure that violent felons are prohibited from possessing weapons.”
“The FBI is committed to keeping communities safe. This commitment includes ensuring that individuals who are prohibited from owning firearms do not acquire them. In this case, a convicted felon was found to be in possession of 11 firearms,” said FBI Denver Special Agent in Charge Mark Michalek. “Addressing community safety concerns is a priority for the FBI, and we will continue to work with our partners to remove illegal weapons from the hands of offenders.”
United States District Court Judge Regina M. Rodriguez presided over the sentencing on January 30, 2024. After Keith’s term of incarceration, he will serve 36 months on supervised release. He was also ordered to forfeit all 11 firearms and ammunition.
The FBI conducted the investigation in this matter. Assistant United States Attorney Julia Martinez handled the prosecution. Assistant United States Attorney Kurt Bohn handled the forfeiture.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Case No. 23-cr-00273-RMR
Five Colorado Assistant U.S. Attorneys among those Honored by Attorney General Merrick B. GarlandRead the Press Release
DENVER -- The U.S. Attorney’s Office for the District of Colorado announces that five Assistant United States Attorneys from Colorado were among those honored by Attorney General Merrick B. Garland this afternoon during the 70th and 71st Annual Attorney General’s award ceremony.
Assistant U.S. Attorneys Jacob Licht, Katherine Ross, Nicholas Deuschle, David Moskowitz, and Andrew Soler received the John Marshall Award for Alternative Dispute Resolution for their work concerning the 416 Fire, which burned on public and private lands near Durango in 2018. The resolution of that dispute recovered $20 million to compensate the United States for damages caused by the fire. The terms of the proposed resolution also allowed the Durango and Silverton Narrow Gauge Railroad to continue to operate, under specific conditions designed to reduce the risk of future fires. More information about that resolution can be found here.
The Attorney General’s award ceremony celebrated numerous other public servants from the Department of Justice and its partners for their extraordinary contributions to the enforcement of our nations laws.
“Each of today’s recipients has served with distinction, and in so doing, they have enabled the Justice Department to advance its work on behalf of the American people,” said Attorney General Garland. “Their exceptional leadership, heroism, and dedication have benefited people and communities across the country."
“Exceptional public servants work at the U.S. Attorney’s Office for the District of Colorado,” said U.S. Attorney Cole Finegan, who was on hand for today’s event. “Coloradans have every right to be proud of the work that this office accomplishes every day in the pursuit of justice.”
More details about the award ceremony can be found here.
Federal Drug Charges Unsealed against Six Individuals in Colorado Springs and PuebloRead the Press Release
DENVER - The U.S. Attorney’s Office for the District of Colorado announces federal drug charges against six individuals in Colorado Springs and Pueblo.
According to Court records unsealed today, from January 30, 2023, to October 2023, investigators from multiple federal and state agencies conducted 9 separate undercover narcotics transactions, which resulted in seizing various amounts of heroin, fentanyl, cocaine and methamphetamine. On January 30, 2024, search warrants were executed for multiple locations, including a residence in Pueblo, Colorado. During the search, investigators located more than 4 kilograms of heroin.
Federal charges were unsealed today against five individuals for their alleged role in a conspiracy to distribute and possess to distribute methamphetamine, fentanyl, heroin, and cocaine. Three of these individuals made their initial appearance in federal court today and were identified as follows:
- Alex LNU a/k/a Miguel Angel Gonzalez (formally identified as Alonso Quinonez-Velazquez),
- Fidel LNU (formally identified as Roberto Gutierrez), and
- Francisco LNU (formally identified as Luis Saucedo-Bonilla)
In addition, Adan Trevizo was charged by criminal complaint with possession with intent to distribute 1 kilogram or more of a mixture of substance containing a detectable amount of heroin.
“Together with our law enforcement partners, we are removing dangerous drugs from our communities,” said U.S. Attorney Cole Finegan. “We are grateful for the continued dedication and hard work of our law enforcement partners who are protecting our communities from drug trafficking.”
“Yesterday’s enforcement actions involved over 150 members from Southern Colorado law enforcement agencies,” said DEA Rocky Mountain Field Division Acting Special Agent in Charge David Olesky. “Fentanyl is continuing to gravely impact Southern Colorado. Collectively, Colorado law enforcement agencies are prioritizing investigative efforts to decrease the fentanyl supply and prevent fentanyl poisonings in our communities.”
“Yesterday’s operation truly shows how cooperation between partners at all levels, using pooled resources, is a force multiplier,” said HSI Denver Deputy Special Agent in Charge Jeff Brannigan. “I would especially like to highlight the relationship between our agents and those of the DEA in southern Colorado, without whom we wouldn’t have been able to execute this wide ranging and far-reaching operation.”
“My Office will work with our federal partners to protect the citizens of El Paso County. The efforts of all involved with preventing illicit drugs from hitting our streets is nothing short of incredible,” said El Paso County Sheriff Joseph Roybal.
“This is just another great example of our local law enforcement working with our federal partners to combat illicit drugs in our community. The Pueblo County Sheriff’s Office is proud to have two task force detectives assigned to the DEA. Even though this unit is not highly publicized, they are having a positive impact on this community in reducing the distribution of illegal drugs,” said Pueblo County Sheriff David Lucero.
Two other individuals charged by indictment are fugitives.
This investigation is conducted by the Drug Enforcement Administration, Homeland Security Investigations, the Department of Homeland Security Enforcement & Removal Operations, the Federal Bureau of Investigation, the U.S Marshals Service, the Colorado Springs Police Department, the Pueblo Police Department, the El Paso County Sheriff’s Office, the Pueblo County Sheriff’s Office, and the Colorado State Patrol.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The charges in the indictment and complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Case Numbers: 24-cr-32, 24-mj-18
Denver Man Indicted for Aiming Laser Pointer at Police HelicopterRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces that Josefat Alejandro Marmolejo-Lucio, age 27, of Denver, has been indicted by a federal grand jury on a single count of aiming a laser pointer at an aircraft. According to the indictment, on October 5, 2023, the Defendant knowingly aimed the beam of a laser pointer at a helicopter, “Air 1,” operated by the Denver Police Department.
The Defendant had his initial appearance before United States Magistrate Judge Scott T. Varholak on January 24, 2024.
This case is being investigated by the FBI. Assistant United States Attorney Cyrus Chung is handling the prosecution.
The charge in the indictment is an allegation and the Defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 24-cr-00010-RMR
Colorado Man Sentenced for Church Arson in Federal Hate Crime CaseRead the Press Release
A Colorado man was sentenced to 39 months in prison for a hate crime charge in connection with a fire that he set to a church in Loveland, Colorado, on Jan. 19, 2023. Darion Ray Sexton, 22, pleaded guilty to a federal hate crime charge on May 5, 2023.
“Places of worship are critical for our communities, and this office stands ready to protect them,” said U.S. Attorney Cole Finegan for the District of Colorado. “Religious freedom means being free to worship without fear. Our office will take every appropriate action to ensure that every Coloradan enjoys this essential freedom.”
“This defendant has now been held accountable for his deliberate attack on the church,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “No one should live in fear because of their religious beliefs. The Justice Department will continue to vigorously prosecute those who seek to destroy houses of worship and interfere with the fundamental right to practice religion freely.”
“This defendant admitted he set out to destroy this church, which was determined to be a federal hate crime,” said Special Agent in Charge Mark D. Michalek of the FBI Denver Field Office. “FBI Denver worked with the Loveland Police Department to bring this man to justice. Anyone who attacks a house of worship will get the full attention of the FBI. In addition to seeking justice for these crimes, the FBI remains committed to providing resources for potential victims, such as the event with faith leaders held in this county the day before the crime occurred.”
“Arson is not only destructive and deadly, but also undermines the sense of safety within places of worship,” said Special Agent in Charge Brent Beavers of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “We immediately committed all ATF resources to addressing the impact of this arson by deploying our certified fire investigator, an ATF Task Force Officer with their ATF trained accelerant detection canine and ATF Laboratory services to analyze fire debris and evidence. Early and continued collaboration with our local and federal partners ensured justice once again prevailed.”
According to court documents, Sexton pleaded guilty to intentionally setting fire to the church in the evening hours of Jan. 19, 2023. Sexton admitted that he set this fire by throwing two Molotov cocktails at the church — one at the front door and the other at the basement. Sexton further admitted that he was motivated to set this fire due to the religious character of the church and that he intended to destroy the church.
The FBI, ATF and the Loveland Police and Fire Departments conducted the investigation.
Assistant U.S. Attorney Bryan D. Fields for the District of Colorado and Trial Attorney Maura White of the Justice Department’s Civil Rights Division prosecuted the case.
Colorado Man Sentenced for Church Arson in Federal Hate Crime CaseRead the Press Release
A Colorado man was sentenced today to 39 months in prison for a hate crime charge in connection with a fire that he set to a church in Loveland, Colorado, on Jan. 19, 2023. Darion Ray Sexton, 22, pleaded guilty to a federal hate crime charge on May 5, 2023.
“This defendant has now been held accountable for his deliberate attack on the church,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “No one should live in fear because of their religious beliefs. The Justice Department will continue to vigorously prosecute those who seek to destroy houses of worship and interfere with the fundamental right to practice religion freely.”
“Places of worship are critical for our communities, and this office stands ready to protect them,” said U.S. Attorney Cole Finegan for the District of Colorado. “Religious freedom means being free to worship without fear. Our office will take every appropriate action to ensure that every Coloradan enjoys this essential freedom.”
“This defendant admitted he set out to destroy this church, which was determined to be a federal hate crime,” said Special Agent in Charge Mark D. Michalek of the FBI Denver Field Office. “FBI Denver worked with the Loveland Police Department to bring this man to justice. Anyone who attacks a house of worship will get the full attention of the FBI. In addition to seeking justice for these crimes, the FBI remains committed to providing resources for potential victims, such as the event with faith leaders held in this county the day before the crime occurred.”
“Arson is not only destructive and deadly, but also undermines the sense of safety within places of worship,” said Special Agent in Charge Brent Beavers of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “We immediately committed all ATF resources to addressing the impact of this arson by deploying our certified fire investigator, an ATF Task Force Officer with their ATF trained accelerant detection canine and ATF Laboratory services to analyze fire debris and evidence. Early and continued collaboration with our local and federal partners ensured justice once again prevailed.”
According to court documents, Sexton pleaded guilty to intentionally setting fire to the church in the evening hours of Jan. 19, 2023. Sexton admitted that he set this fire by throwing two Molotov cocktails at the church — one at the front door and the other at the basement. Sexton further admitted that he was motivated to set this fire due to the religious character of the church and that he intended to destroy the church.
The FBI, ATF and the Loveland Police and Fire Departments conducted the investigation.
Assistant U.S. Attorney Bryan D. Fields for the District of Colorado and Trial Attorney Maura White of the Justice Department’s Civil Rights Division prosecuted the case.
Colorado Resident Charged with Federal Hate Crimes and Firearm Offenses Related to Mass Shooting at Club QRead the Press Release
A Colorado resident was charged today by an information with hate crimes and firearms charges related to the mass shooting at Club Q, an LGBTQI+ establishment in Colorado Springs, Colorado, on Nov. 19, 2022.
The information charges that Anderson Lee Aldrich, 23, formerly of Colorado Springs, murdered five people, injured 19 and attempted to murder 26 more in a willful, deliberate, malicious and premediated attack at Club Q. According to the information, Aldrich entered Club Q armed with a loaded assault weapon and began firing. Aldrich continued firing until Aldrich was subdued by patrons of the Club. The information also alleges that Aldrich committed this attack because of the actual or perceived sexual orientation and gender identity of any person.
Aldrich filed a notice of disposition and requested that the court schedule a change of plea hearing. In consultation with the victims of this incident, the parties jointly filed a motion requesting that the court schedule the change of plea and sentencing hearings on the same date. The parties further informed the court that there is a plea agreement in this matter, and it is anticipated that the defendant has agreed to plead guilty to all charges in the information. The time for the entry of the guilty plea has not yet been set.
U.S. Attorney Cole Finegan for the District of Colorado, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, and Special Agent in Charge Mark D. Michalek of the FBI Denver Field Office made the announcement.
The FBI Denver Field Office and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Assistant U.S. Attorneys Alison Connaughty and Bryan Fields for the District of Colorado and Trial Attorney Maura White of the Civil Rights Division are prosecuting the case.
An information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Colorado Resident Charged with Federal Hate Crimes and Firearm Offense Related to Mass Shooting at Club QRead the Press Release
A Colorado resident was charged today by an information with hate crimes and firearms charges related to the mass shooting at Club Q, an LGBTQI+ establishment in Colorado Springs, Colorado, on Nov. 19, 2022.
The information charges that Anderson Lee Aldrich, 23, formerly of Colorado Springs, murdered five people, injured 19 and attempted to murder 26 more in a willful, deliberate, malicious and premediated attack at Club Q. According to the information, Aldrich entered Club Q armed with a loaded assault weapon and began firing. Aldrich continued firing until Aldrich was subdued by patrons of the Club. The information also alleges that Aldrich committed this attack because of the actual or perceived sexual orientation and gender identity of any person.
Aldrich filed a notice of disposition and requested that the court schedule a change of plea hearing. In consultation with the victims of this incident, the parties jointly filed a motion requesting that the court schedule the change of plea and sentencing hearings on the same date, which the court granted. The parties further informed the court that there is a plea agreement in this matter, and it is anticipated that the defendant has agreed to plead guilty to all charges in the information. The time for the entry of the guilty plea has not yet been set.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Cole Finegan for the District of Colorado and Special Agent in Charge Mark D. Michalek of the FBI Denver Field Office made the announcement.
The FBI Denver Field Office and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Assistant U.S. Attorneys Alison Connaughty and Bryan Fields for the District of Colorado and Trial Attorney Maura White of the Civil Rights Division are prosecuting the case.
An information is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Towaoc Man Indicted on Sex Assault ChargesRead the Press Release
DURANGO – The U.S. Attorney’s Office for the District of Colorado announced that Lyndreth Hemp Wall, age 58, of Towaoc, Colorado was indicted on multiple charges stemming from alleged sexual assaults occurring on the Ute Mountain Ute Reservation. A federal grand jury returned the indictment, alleging Wall committed eight counts of sexual abuse in Indian Country and four counts of abusive sexual contact in Indian Country.
Wall made his initial appearance today before U.S. Magistrate Judge James Candelaria in Durango. If convicted on any of the counts of alleged sexual abuse in Indian Country, Wall faces a sentence of up to life in prison.
This case was investigated by the Federal Bureau of Investigation and Bureau of Indian Affairs. Anyone who has information about this case or about other possible victims is asked to call the FBI Denver office at (303) 629-7171.
The charges in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Case Number: 24-cr-00003-GPC-JMC
Brighton Man Sentenced for Tax EvasionRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Steven Darbee, age 50, formerly of Brighton, was sentenced to 12 months and one day in federal prison for tax evasion.
According to the plea agreement, the defendant last filed a tax return with the IRS in 2014. Beginning in April of 2013, and continuing until January of 2021, the defendant evaded the assessment of federal income tax by submitting to his employers false Form W-4s claiming multiple dependents so that his employers would not withhold federal income tax. While the defendant was only allowed to claim two allowances, during the relevant time period the defendant claimed up to 99 dependents and in 2021 claimed he was “exempt” from paying federal taxes. The defendant had an opportunity to pay all taxes due and owing for each calendar year by the April filing date and did not do so. Nor did he file a tax return for any of the years in question. The IRS’s attempts to bring the defendant into compliance were unsuccessful.
“Our office will hold tax cheats accountable,” said United States Attorney Cole Finegan. “Everyone must pay their taxes, and if you don’t, there will be consequences.”
“Attempting to defraud the IRS by falsifying Form W-4s unfairly shifts the tax burden to honest American taxpayers and criminals must know they will not get away with it,” said IRS Criminal Investigation (CI) Special Agent in Charge, Todd Martin. “CI special agents identified more than $5.5 billion in tax fraud last year and we will remain committed to holding tax cheats accountable.”
United States District Court Judge Nina Y. Wang sentenced Darbee on January 10, 2024. In addition to his term of incarceration, Darbee was ordered to pay $308,370.59 to the IRS in taxes, interest, and penalties. Darbee was also ordered to serve 3 years on supervised release after his custodial sentence.
The Internal Revenue Service-Criminal Investigations conducted the investigation. Assistant United States Attorney Martha A. Paluch handled the prosecution of the case.
Case Number: 23-cr-00099
Man Indicted in Connection with Denver-Area Carjackings, RobberiesRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces that Keenan Shane Clodfelter, age 20, has been indicted by a federal grand jury on 11 counts, including 3 counts of Carjacking, 3 counts of Robbery, and 5 counts of Brandishing a Firearm in relation to the Carjacking and Robbery charges. The crimes took place throughout the Denver metro area.
According to the indictment, on or about October 4, 2023, Clodfelter carjacked a 2013 Toyota Highlander. On the same day, he attempted to carjack a Hyundai Genesis, resulting in a gunshot wound to the arm of a victim. On or about November 20, 2023, Clodfelter carjacked a 2010 Toyota Scion TC. The Indictment also charges Clodfelter in connection with the robberies of a 7-Eleven located on East Quincy Avenue in Aurora and Pour Boy Liquor on 20th Avenue in Lakewood on November 20th, as well as the robbery of a Circle K on Kalamath Street in Denver on November 21st.
This case is being investigated by the Federal Bureau of Investigation and the Lakewood Police Department. This case is being prosecuted by Special Assistant U.S. Attorney Leah Perczak and Assistant U.S. Attorney Brian Dunn.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 23-cr-00503-RMR
Colorado Man Arrested for Attempting to Provide Material Support to ISISRead the Press Release
DENVER – Humzah Mashkoor, 18, of Westminster, Colorado, is charged with attempting to provide material support to a designated foreign terrorist organization and made his initial appearance in federal court yesterday.
According to court documents, Mashkoor was arrested on Monday, December 18 at the Denver International Airport before he could board a flight for the first leg of an overseas trip. According to the affidavit in support of the criminal complaint, Mashkoor was traveling to the United Arab Emirates, where he intended to stay until he continued on to either Afghanistan or Syria to serve as a fighter for ISIS.
The FBI Denver Field Office is investigating this case.
Assistant U.S. Attorney Laura Cramer-Babycz for the District of Colorado is prosecuting the case, with the assistance of Jennifer Levy of the National Security Division’s Counterterrorism Section.
A complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Man Sentenced to 37 months for COVID-19 FraudRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Chandler Simbeck was sentenced to 37 months in prison, followed by three years of supervised release, for conspiracy to defraud the United States. He was also ordered to pay $151,000 in restitution.
According to the plea agreement, between March 2020 and October 2020, Simbeck conspired with Russell Foreman to submit loan applications to the Small Business Administration for himself and various businesses, knowing that the applications contained materially false and fraudulent information.
In June 2020, Simbeck and Foreman caused the creation of a limited liability company, Fusion Group, and thereafter applied to the SBA for an Economic Injury Disaster Loan (“EIDL”). The application contained materially false information concerning the establishment date of the company, its gross revenues, and costs of goods sold. In fact, Fusion Group was never a business engaged in any enterprise of any kind and did not have any revenue or employees.
On August 27, 2020, the SBA approved the loan application and $149,900 was deposited into a bank account controlled by Simbeck. Over the next several days, funds were withdrawn from the account, including an $8,000 check that was cashed; a $30,000 check and a $60,000 check that were deposited to other bank accounts controlled by Simbeck; a $50,000 check payable to a relative of Simbeck; and a $55,000 wire transfer to co-conspirator Foreman’s account.
Simbeck also received a $1,000 EIDL grant in connection with a false and misleading application dated March 30, 2020, in his own name. In addition to the EIDLs, Simbeck made three attempts to obtain Paycheck Protection Program (“PPP”) loans for two other business by submitting applications containing false information.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was enacted in March 2020 and was designed to provide emergency financial assistance to Americans dealing with the economic impact of the COVID-19 pandemic. The CARES Act authorized the Small Business Administration (“SBA”) to issue loans to small businesses and non-profit entities experiencing revenue loss due to the pandemic. The EIDL program provides loan assistance up to $150,000 to pay permissible expenses such as fixed debts, payroll, and accounts payable for certain COVID-19 impacted businesses in operation prior to February 1, 2020. Additionally, the CARES Act created the PPP, which authorizes forgivable loans to small businesses to retain workers, maintain payroll, and certain other expenses consistent with PPP rules.
“Stealing from the taxpayers through COVID fraud is disgraceful as well as criminal,” said U.S. Attorney Cole Finegan. “We will prosecute those criminals who stole from hardworking business owners and employees.”
“Chandler Simbeck stole from individuals whose lives were upended by the pandemic, with no regard for the business owners and families the program was designed to support” said Todd Martin, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “COVID fraud remains a top priority for CI and we will continue to work with our law enforcement partners and the U.S. Attorney’s Office to hold those accountable who abused the system for their personal benefit.”
United States District Court Judge Raymond Moore sentenced Simbeck on December 14, 2023. Simbeck’s co-conspirator Russell Foreman was previously sentenced to 66 months in prison, three years of supervised release, and restitution.
IRS Criminal Investigation investigated the case. Assistant United States Attorney Robert Brown handled the prosecution.
CASE NUMBER: 21-cr-00165-RM
Franktown Man Pleads Guilty to Aiming a Laser Pointer at Police HelicopterRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces Kevin William Adamchak, age 43, of Franktown, pleaded guilty to a single count of aiming a laser pointer at an aircraft.
According to the plea agreement, on March 2, 2023, a helicopter operated by the Denver Police Department, “Air 1,” was assisting other Colorado-based law enforcement agencies with aerial surveillance. While in flight, Air 1 was struck by a blue laser. Using a thermal imager and camera, the Air 1 crew determined that the laser strike originated from a parking lot near the intersection of East 55th Avenue and Logan Court in Denver. Air 1 located a suspect associated with the laser strike, who was later identified as Defendant Adamchak.
During a subsequent interview, the pilot of Air 1 at the time of the laser strike reported that the laser strike caused flash blindness and intense pain in both of his eyes. He was able to maintain control of the aircraft until his visual orientation returned.
“What some may think is just a prank—pointing a laser pointer at an aircraft—actually presents a deadly risk to people in the aircraft and on the ground,” said United States Attorney Cole Finegan. “We hope that this case will raise public awareness of these serious dangers.”
"A laser strike on an aircraft is not a game," said FBI Denver Special Agent in Charge Mark Michalek. "It's a serious action with possibly lethal consequences. The FBI will continue to vigorously investigate these incidents."
Adamchak is scheduled to be sentenced on March 7, 2024. A United States District Judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI investigated the case. Assistant United States Attorneys Jena Neuscheler and Alecia Riewerts are handling the prosecution.
Case Number: 23-cr-00303-RMR
Federal Grand Jury Indicts Ute Fish and Wildlife Officer in 2022 Shooting on Tribal Land in Uinta CanyonRead the Press Release
SALT LAKE CITY, UTAH – The U.S. Attorney’s Office for the District of Colorado announces that Waneka Rosebud Cornpeach, age 40, of Fort Duchesne, Utah, was indicted by a federal grand jury in Utah for assault with a dangerous weapon and assault resulting in serious bodily injury, both while within Indian Country.
According to the indictment, on or about July 17, 2022, the defendant allegedly fired her weapon at two different victims, resulting in serious bodily injury. The indictment charges the defendant with four counts: two counts of assault with a dangerous weapon while within Indian Country in violation of 18 U.S.C. §§ 113(a)(3) and 1153, and two counts of assault resulting in serious bodily injury while within Indian Country in violation of 18 U.S.C. §§ 113(a)(6) and 1153.
The defendant made her initial appearance before United States Magistrate Judge Daphne A. Oberg on November 30, 2023.
The FBI’s Salt Lake City Field Office conducted the investigation. Special Assistant United States Attorney Kelly Churnet from the District of Colorado is handling the prosecution of the case in the United States District Court for the District of Utah.
The charges in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Colorado Springs Woman Sentenced to 10 Years in Federal Prison for Dealing Xanax to Her 16-Year-Old SonRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Maria Davis-Conchie, age 49, of Colorado Springs, was sentenced to 10 years in federal prison, followed by three years of supervised release, for distributing alprazolam (Xanax) to her 16-year-old son and his friends.
According to the plea agreement, on a regular basis over the course of at least one year leading up to January 30, 2022, Davis-Conchie illegally distributed controlled substances to her teenage son and his teenage friends. Davis-Conchie repeatedly sold the kids alprazolam (Xanax), a Schedule IV controlled substance. Davis-Conchie provided her son and his friends with Xanax for $5 to $10 per pill and gave them cautionary instructions to not use too many of the pills at one time. For a period of time, Davis-Conchie’s son and one of his friends used Xanax every weekend, although some of the Xanax was from people other than Davis-Conchie.
The plea agreement explains Davis-Conchie assumed her son would do drugs no matter what, so she decided to sell him and his friends drugs she felt were “safe.” In addition to Xanax, Davis-Conchie also provided the boys with marijuana, marijuana concentrate, and acid (LSD). Around December 31, 2021, Davis-Conchie purchased Xanax bars and LSD for her son and his friends. Davis-Conchie acquired these drugs and gave them to the boys because her son and his friends wanted to try something different on New Years Eve, and Davis-Conchie believed psychedelic drugs like LSD were “safe.” Davis-Conchie claims she bought those drugs from co-defendant Marlene McGuire at a fire station near McGuire’s residence and she brought her son and two of his friends with her.
Evidence considered at sentencing also established that Davis-Conchie introduced her son to co-defendants Douglas Floyd and Marlene McGuire, so he could buy fentanyl pills from them. Floyd pleaded guilty to a conspiracy to distribute fentanyl and para-fluorofentanyl which resulted in the death of Davis-Conchie’s son and was sentenced to 157 months in federal prison on November 21, 2023. A federal jury convicted McGuire of distributing fentanyl and para-fluorofentanyl which resulted in the death of Davis-Conchie’s son and several other charges on September 22, 2023. McGuire’s sentencing is scheduled for January 19, 2024.
“This case brings into stark relief the nightmare that is occurring daily in America,” said U.S. Attorney Cole Finegan. “Catastrophic decision-making paired with a deadly poisonous drug killed a child and destroyed a family.”
“Fentanyl continues to kill members of our communities at an alarming rate. This case is almost beyond belief: A mother provided drugs to her son and then introduced him to the dealers that supplied him with fentanyl, resulting in his death,” said FBI Denver Special Agent in Charge Mark Michalek. “This woman’s son is gone because of the chain of events she started, and this sentence is a consequence of her actions. We cannot ignore the devastation this drug continues to bring to countless lives here in Colorado and across the nation."
United States District Court Judge Regina M. Rodriguez sentenced Davis-Conchie on November 29, 2023.
The FBI and the Colorado Springs Police Department conducted the investigation. Assistant United States Attorneys Peter McNeilly and Alyssa Christine Mance handled the prosecution of the case.
Case Number: 22-cr-00080-RMR
Women Indicted in Multi-Million Dollar Fraud SchemeRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces that Chrisheena Shante McGee a/k/a Christina Marius, age 47, and Sandra Pierce Bacon, age 71, have been indicted by a federal grand jury on 12 counts of Wire Fraud and Aiding and Abetting Wire Fraud.
According to the indictment, between May 2019 and March 2021, in Colorado and elsewhere, defendants McGee, Bacon, and others participated in a scheme to defraud and to obtain money and property from victims. Defendant McGee falsely represented to entities seeking loans that she had access to sources of money to fund loans of up to $150 million. She falsely represented that she would obtain the loan money if victims would pay an advance fee—often about 10% of the total loan amount—into an escrow account managed by Bacon. Defendants McGee and Bacon falsely represented to victims that Bacon would hold in escrow advance fees paid to secure the loans until the loans were funded. As a result of these false representations, at least 10 victims entered into escrow agreements agreeing to pay approximately $14,801,002.75 in advance fees. After McGee and Bacon falsely represented they would hold advance fees in escrow, they used them for other purposes, including to purchase properties and to repay earlier victims of the advance-fee scheme in Ponzi-like fashion.
This case is being investigated by the Federal Bureau of Investigation. This case is being prosecuted by Assistant U.S. Attorney Craig Fansler.
The charges contained in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 23-cr-00472-DDD
Boulder Women Plead Guilty to Conspiracy to Import a Controlled SubstanceRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Grace Kohler, age 23, and Elizabeth Brown, age 24, both of Boulder, pleaded guilty today to a felony charge of Conspiracy to Import a Controlled Substance to the United States from Mexico.
According to the plea agreement, on August 12, 2021, Grace Kohler, Elizabeth Brown, and another woman traveled to Playa Del Carmen, Mexico, for a vacation. While there, the women went to a pharmacy. Kohler and Brown exchanged text messages and calls with a mutual friend in Boulder, Colorado, whose initials are J.B., to see what specific drugs he wanted them to get for him from the pharmacy. After considering the drugs the pharmacy advertised, J.B. asked the women to get him oxycodone. Kohler paid the pharmacy $300 for 30 pills of supposed oxycodone, using her credit card. J.B. later sent Kohler $300 as reimbursement via Venmo. Brown translated from English to Spanish while the women communicated with the employee at the pharmacy. The women believed the pills they purchased contained oxycodone because that is what the pharmacy and the employee represented the pills to be.
Before returning to the United States from Mexico, Kohler and Brown put the controlled substances they purchased—including the supposed oxycodone for J.B.—in other containers, such as a multivitamin container and a container for cold and flu medicine. On August 17, 2021, the women flew back into the United States on United Airlines and landed in Denver, Colorado. The women did not declare the controlled substances they purchased in Mexico and imported into the United States with U.S. Customs. The women drove from Denver International Airport to J.B.’s place of employment in Boulder, Colorado. In a parking lot, Brown handed J.B. the 30 tablets the women had obtained for him at the pharmacy in Mexico. J.B. put the pills in his shirt pocket and the women left.
On August 18, 2021, Boulder Police responded to J.B.’s residence because his roommate had found J.B. deceased in his bedroom. Within J.B.’s bedroom, police found a sandwich bag containing 29 pills. The pills had “M” and “30” stamped on them and looked like poorly pressed counterfeit oxycodone pills. Later laboratory analysis revealed the pills in the bag contained fentanyl and not oxycodone. On August 20, the Boulder County Coroner’s Office conducted an autopsy and determined J.B. died of fentanyl intoxication.
“This tragic death is only one example of the lethal epidemic of fentanyl overdoses,” said U.S. Attorney Cole Finegan. “We will continue to work with our law enforcement partners to raise public awareness and deter distribution of this deadly poison.”
“The only safe and reliable place to get legitimate prescription medications is from a trusted and licensed pharmacist within the United States,” said DEA Acting Special Agent in Charge David Olesky of the Rocky Mountain Field Division. “The cartels are driving addiction across our country through the trafficking of fentanyl. This is precisely why DEA launched its One Pill Can Kill Campaign in 2021. Today, 70 percent of the pills seized by DEA contain a potentially deadly dose of fentanyl. We can’t say it enough – don’t purchase pills on social media or take a pill provided by a ‘friend’.”
“The influx of illegal drugs, and drugs containing fentanyl, in the United States has increased over the years and, unfortunately, we have seen incidents of overdoses and tragically we have also had deaths occur,” said Commander Nick Goldberger of the Boulder County Drug Task Force. “You should only obtain prescribed medication from a legitimate pharmacy, and under a doctor’s care, to reduce your risk of taking something that may contain fentanyl.”
“Fentanyl has taken and destroyed many lives in this country and sadly our community is not immune. I’m proud of the strong policework our officers did in this case to find the suppliers of these drugs,” Boulder Police Deputy Chief of Operations Steve Redfearn said. “We truly value the great relationships we have with our federal, state, and local partners in combatting this deadly epidemic.”
Brown is scheduled to be sentenced on March 1, 2024. Kohler is scheduled to be sentence on March 7, 2024. A United States District Judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Drug Enforcement Administration, the Boulder County Sheriff’s Office, and the Boulder County Drug Task Force are investigating the case. Assistant United States Attorneys Peter McNeilly and Alexander Duncan are prosecuting the case.
Case Number: 23-cr-00439-NYW
Federal Grand Jury Indicts Grand Junction Man for Distributing FentanylRead the Press Release
The U.S. Attorney’s Office for the District of Colorado announces that Shawn Burket, age 43, of Grand Junction, was charged with possessing fentanyl with intent to distribute, and with possessing a firearm as a prohibited person. A federal grand jury returned the indictment against Burket on October, 4, 2023, and he was arrested on November 14, 2023. According to court documents, the offenses allegedly took place in Clear Creek County on or about August 2, 2023. If convicted on the narcotics charge, Burket faces not less than ten years imprisonment. He is currently detained in federal custody pending trial.
The investigation in this matter was conducted by the ATF and the Idaho Springs Police Department. Assistant United States Attorney Al Buchman is handling the prosecution.
The charges in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number 23-cr-420
Man Indicted for Fake Bomb ThreatsRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces that Matthew Cook, age 33, has been indicted by a federal grand jury on two counts of 18 U.S.C. § 1038(a)(1) for falsely conveying on two occasions that there was a bomb at a store in Parker, Colorado.
According to the indictment, on or about July 26, 2023, Cook falsely conveyed that there was a bomb at a grocery store in Parker, Colorado. Then, on or about August 17, 2023, Cook falsely conveyed that there was a bomb at a big box store in Parker, Colorado.
This case is the result of investigative coordination between the Parker Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Laura Cramer-Babycz.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 23-cr-0448-CNS
Man Sentenced in Lakewood Bank RobberyRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Darren Michael Connolly, age 27, of Englewood, was sentenced to 147 months in prison and 5 years of supervised release for bank robbery, being a felon in possession of a firearm, and brandishing a weapon during a federal crime of violence. His codefendant, James David Trujillo Jr., age 25, of Lakewood, was sentenced on September 18, 2023, to 135 months in prison, followed by three years of supervised release.
According to facts presented at trial, on June 15, 2022, Connolly and Trujillo robbed a Canvas Credit Union on West 5th Avenue in Lakewood. The men were armed with an AR-15 and shotgun. Connolly was wearing a GPS bracelet at the time of the robbery. Both he and codefendant Trujillo were covered in masks and ran from the bank to a waiting getaway car. Connolly was arrested at his residence on June 16, 2022 and charged. Officers found the AR-15 and shotgun in Connolly’s residence. Investigators were able to identify Trujillo soon thereafter. Connolly subsequently pleaded guilty, and a jury found Trujillo guilty of bank robbery, being a felon in possession of a firearm, and brandishing a weapon during a federal crime of violence.
“We will not tolerate such brazen criminal conduct in our communities,” said United States Attorney Cole Finegan. “We thank our law enforcement partners for their invaluable help in bringing these defendants to justice.”
“It’s a blatant criminal who carries out the armed robbery of a bank while he is being monitored on parole. Clearly, this is a hardened felon and the public is safer with him behind bars,” said FBI Denver Special Agent in Charge Mark Michalek. “The Rocky Mountain Safe Streets Task Force will continue to work with state and local agencies to protect our communities from violent criminals.”
United States District Court Judge Christine M. Arguello presided over the sentencing on November 14, 2023.
The Federal Bureau of Investigation’s (FBI) Rocky Mountain Safe Streets Task Force investigated this case. Assistant United States Attorney Brian Dunn and Special Assistant United States Attorney Kristin Coccaro handled the prosecutions.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
CASE NUMBER: 22-cr-00213
Denver Men Sentenced on Charges of Distributing NarcoticsRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces that Robert Adam Ross, a/k/a “Chicago,” age 42, and Jeremy Ford Moore, age 39, both of Denver, Colorado, were sentenced to 103 months and 96 months (respectively) in federal prison following their convictions on federal narcotics charges.
According to the plea agreements and the facts as determined by the Judge at sentencing, the defendants possessed and distributed significant quantities of fentanyl and methamphetamine in the Denver area. Ross and Moore traveled to Arizona where they sourced the drugs. The drugs were then transported into Colorado through various means, including U.S. mail and via a commercial bus line. Following a proactive investigation which included the seizure of drugs contained in U.S. Mail parcels sent from Arizona to Colorado, as well as numerous undercover buys of narcotics, agents conducted a takedown operation in November of 2022 which resulted in the seizure of several firearms, approximately 15,000 additional fentanyl pills, and $4,990 in U.S. currency.
“Illegally-trafficked fentanyl has destroyed countless lives and caused thousands of deaths in Colorado alone,” said U.S. Attorney Cole Finegan. “Thankfully, the drugs seized by our law enforcement partners will never make it to the street.”
USPIS Denver Division Inspector-in-Charge Bryan Musgrove said, “United States Postal Inspectors are dedicated to maintaining the sanctity of trust placed in the US Mail. We will aggressively pursue anyone who uses the US Mail to transport and distribute deadly drugs, including those who illegally use firearms to further their criminal enterprise which impacts the safety of our postal employees and postal customers. We thank our law enforcement partners for working with us to combat these crimes in hopes of making our communities a safer place to live and work.”
“The distribution of guns and drugs by the hands of violent previously convicted felons is exactly what leads to violent crime in our communities, and precisely what ATF targets with our federal partners,” said ATF Special Agent in Charge Brent Beavers. “We are grateful for the seamless partnership with the USPIS that led to a swift dismantling of their criminal operation reducing violent crime in Colorado and beyond.”
United States District Court Judge Charlotte S. Sweeney sentenced the defendants on November 9, 2023.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the United State Postal Inspection Service conducted the investigation. Assistant United States Attorney Bradley Giles handled the prosecution of the case.
Case Number: 22-cr-344-CNS
Fort Collins Woman Sentenced to Six Years for Drug Trafficking and Money LaunderingRead the Press Release
DENVER—The United States Attorney’s Office for the District of Colorado announces that Catyria Lopez-Gomez, 43, of Fort Collins, Colorado, was sentenced to 6 years in prison, followed by 3 years of supervised release, for drug trafficking and money laundering.
According to the plea agreement, the defendant helped launder money for a drug trafficking organization in the Western Colorado. She also recruited others to help send drug proceeds to Mexico. Additionally, she picked up large quantities of methamphetamine from Phoenix, Arizona and drove it to Montrose, Colorado. Once in Montrose, the drugs would be distributed.
“Drug trafficking, and the money-laundering that finances it, are crimes against the community,” said U.S. Attorney Cole Finegan. “We are grateful to our law enforcement partners for their efforts to curb these criminal activities.”
“IRS Special Agents are experts in disrupting and dismantling drug trafficking organizations by targeting their illegal profits used to finance their operations,” said Andy Tsui, Special Agent in Charge, IRS Criminal Investigation Denver Field Office. “IRS-CI, our law enforcement partners, and the United States Attorney’s Office will continue to work together to eliminate this threat to our communities.”
IRS-CI, the DEA, the Montrose Police Department, the Montrose County Sheriff’s Office, the Seventh Judicial District Drug Task Force, and the United States Marshals Service investigated this case. Assistant United States Attorneys Alexander Duncan, Susan (Zeke) Knox, and Zachary Phillips handled the prosecution.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks. Additional information on the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Case Number: 19-cr-535
Aurora Man Sentenced in Connection with Entering Children’s Hospital Carrying Fully Automatic GunRead the Press Release
DENVER—The United States Attorney’s Office for the District of Colorado announces that Jeremy Lavon Tate, age 29, of Aurora, was sentenced to 33 months in prison and three years of supervised release for Felon in Possession of a Firearm and Ammunition.
According to the plea agreement, on September 24, 2022, Tate entered the Children’s Hospital in Adams County armed with a loaded .40-caliber handgun. The handgun had a laser-mounted sight and a convertor switch making the handgun fully automatic. Witnesses reported that Tate was openly carrying the gun in the hall and that Tate broke through a set of employee-only doors. A University of Colorado Medical Campus Police Department sergeant disarmed Tate, and a hospital security officer detained him. Aurora police then arrested Tate inside the hospital.
“The swift, courageous actions of brave law enforcement officers and hospital security staff prevented a possible catastrophe from unfolding inside Children’s Hospital,” said U.S. Attorney Cole Finegan. “By stopping an armed felon in his tracks, they protected innocent citizens from incredible danger.”
“We are grateful for the swift response, apprehension and disarming of Jeremy Tate by the University of Colorado Anschutz Medical Campus Police Department, hospital security staff, and Aurora Police Department,” said ATF Special Agent in Charge Brent Beavers. “Machine gun conversion devices convert a semi-automatic firearm into a fully automatic firearm, increasing its potential for devastation in our communities and for law enforcement.”
This case was investigated by the ATF and Aurora Police Department. Assistant United States Attorney Brian Dunn handled the prosecution.
Case Number: 22-cr-301-WJM
Denver Man Indicted for Tax Evasion and Failure to File Tax ReturnsRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces that Solomon Paul Garcia, age 45, has been indicted by a federal grand jury on one count of tax evasion and four counts of failure to file a tax return.
According to the indictment, from approximately 2016-2020, Garcia allegedly inflated the number of exemptions on his Internal Revenue Service Form W-4s with his various employers, causing his employers to withhold very little federal employee income tax from his wages. Garcia then allegedly failed to file federal income tax returns reporting his earned income and federal income taxes due and owing for the years under investigation. Based on information contained in the indictment, Garcia is alleged to have a tax liability to the U.S. government of more than $225,000 over the five-year period.
If convicted, the charge of tax evasion carries a sentence of no more than five years imprisonment and a fine of no more than $250,000. The charge of failure to file a tax return carries a sentence of no more than one year imprisonment and a fine of no more than $100,000 for each count.
This case is being investigated by IRS Criminal Investigation. This case is being prosecuted by Assistant U.S. Attorney Bradley Giles.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 23-cr-00443-NYW
Denver Area Tax Preparer Indicted for Preparing Fraudulent Tax Returns for ClientsRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announces Thuan Bui has been indicted by a federal grand jury on forty-nine counts of aiding and assisting in the preparation of false and fraudulent tax returns.
According to court documents, from 2018-2022, Bui owned and operated a tax return preparation business and allegedly fabricated business expenses and falsified filing statuses for his clients. Bui allegedly falsified information on his client’s Individual Tax Return, Form 1040, for the purpose of reducing the clients’ tax liability or inflating the clients’ tax refunds.
The charge of aiding and assisting in the preparation of false and fraudulent tax returns carries a sentence of no more than three years imprisonment and no more than a $250,000 fine for each count.
This case is being investigated by IRS Criminal Investigation.
The charges contained in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Case Number: 23-cr-447-RMR
XTO Agrees to Pay $16 Million to Resolve Natural Gas Royalty Underpayments to the United StatesRead the Press Release
XTO Energy Inc. has agreed to pay $16 million to resolve False Claims Act allegations that it knowingly underpaid royalties owed on natural gas produced from federal and Native American lands. The settlement resolves allegations that the company improperly deducted costs necessary to put the gas in marketable condition, deducted costs of transporting carbon dioxide and failed to pay royalties on carbon dioxide.
“Mineral royalties provide an important source of income for the United States, Native Americans and various states,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates that the department will hold accountable those who knowingly take improper advantage of our public resources.”
“Taxpayers expect that every penny of these royalties gets paid,” said U.S. Attorney Cole Finegan for the District of Colorado. “Our office will make sure that energy companies pay what they owe when they take natural gas from leases on Native American and federal lands.”
“This recovery of unpaid mineral royalties is the direct result of the Department of Justice, Department of Interior (DOI)’s Office of Inspector General (OIG), DOI’s Office of Natural Resources Revenue and DOI’s Office of the Solicitor working diligently to ensure that revenues generated from resources under Federal jurisdiction are properly accounted for and collected on behalf of the mineral owners and the American public,” said Special Agent in Charge Ron Gonzales of the DOI-OIG’s Energy Investigations Unit.
Congress allows federal and Native American lands to be leased for the production of natural gas in exchange for the payment of royalties on the value of the gas produced. Lessees must put the gas in marketable condition at no cost to the United States. The settlement resolves allegations that when reporting and paying royalties from January 2009 to August 2017, XTO knowingly deducted payments to third parties for gas transportation and processing that included costs to place the gas in marketable condition. The settlement also resolves claims that from January 2009 to June 2016, XTO knowingly and improperly deducted from federal royalty payments on natural gas the costs of transporting carbon dioxide entrained in that gas, and that from May 2010 to March 2016, XTO failed to pay federal royalties owed on carbon dioxide produced at the Castle Valley Plant in Utah. Through a series of settlements since 2017, the department and its agency partners have used the False Claims Act to recover $25 million from energy companies that improperly deducted the costs of putting their gas in marketable condition.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the District of Colorado, DOI-OIG’s Energy Investigations Unit, DOI’s Office of the Solicitor and DOI’s Office of Natural Resources Revenue. The matter was handled by Senior Trial Counsel Gregory Pearson of the Civil Division and Assistant U.S. Attorney Amanda Rocque for the District of Colorado.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
XTO Agrees to Pay $16 Million to Resolve Natural Gas Royalty Underpayments to the United StatesRead the Press Release
XTO Energy Inc. has agreed to pay $16 million to resolve False Claims Act allegations that it knowingly underpaid royalties owed on natural gas produced from federal and Native American lands. The settlement resolves allegations that the company improperly deducted costs necessary to put the gas in marketable condition, deducted costs of transporting carbon dioxide and failed to pay royalties on carbon dioxide.
“Mineral royalties provide an important source of income for the United States, Native Americans and various states,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This settlement demonstrates that the department will hold accountable those who knowingly take improper advantage of our public resources.”
“Taxpayers expect that every penny of these royalties gets paid,” said U.S. Attorney Cole Finegan for the District of Colorado. “Our office will make sure that energy companies pay what they owe when they take natural gas from leases on Native American and federal lands.”
“This recovery of unpaid mineral royalties is the direct result of the Department of Justice, Department of Interior (DOI)’s Office of Inspector General (OIG), DOI’s Office of Natural Resources Revenue and DOI’s Office of the Solicitor working diligently to ensure that revenues generated from resources under Federal jurisdiction are properly accounted for and collected on behalf of the mineral owners and the American public,” said Special Agent in Charge Ron Gonzales of the DOI-OIG’s Energy Investigations Unit.
Congress allows federal and Native American lands to be leased for the production of natural gas in exchange for the payment of royalties on the value of the gas produced. Lessees must put the gas in marketable condition at no cost to the United States. The settlement resolves allegations that when reporting and paying royalties from January 2009 to August 2017, XTO knowingly deducted payments to third parties for gas transportation and processing that included costs to place the gas in marketable condition. The settlement also resolves claims that from January 2009 to June 2016, XTO knowingly and improperly deducted from federal royalty payments on natural gas the costs of transporting carbon dioxide entrained in that gas, and that from May 2010 to March 2016, XTO failed to pay federal royalties owed on carbon dioxide produced at the Castle Valley Plant in Utah. Through a series of settlements since 2017, the department and its agency partners have used the False Claims Act to recover $25 million from energy companies that improperly deducted the costs of putting their gas in marketable condition.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, the U.S. Attorney’s Office for the District of Colorado, DOI-OIG’s Energy Investigations Unit, DOI’s Office of the Solicitor and DOI’s Office of Natural Resources Revenue. The matter was handled by Senior Trial Counsel Gregory Pearson of the Civil Division and Assistant U.S. Attorney Amanda Rocque for the District of Colorado.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
SettlementFormer NSA Employee Pleads Guilty to Attempted EspionageRead the Press Release
Jareh Sebastian Dalke, 31, of Colorado Springs, pleaded guilty today to six counts of attempting to transmit classified National Defense Information (NDI) to an agent of the Russian Federation (Russia).
According to court documents, from June 6, 2022, to July 1, 2022, Dalke was an employee of the National Security Agency (NSA) where he served as an Information Systems Security Designer. Dalke admitted that between August and September 2022, in order to demonstrate both his “legitimate access and willingness to share,” he used an encrypted email account to transmit excerpts of three classified documents to an individual he believed to be a Russian agent. In actuality, that person was an FBI online covert employee. All three documents from which the excerpts were taken contain NDI, are classified as Top Secret//Sensitive Compartmented Information (SCI) and were obtained by Dalke during his employment with the NSA.
On or about Aug. 26, 2022, Dalke requested $85,000 in return for all the information in his possession. Dalke claimed the information would be of value to Russia and told the FBI online covert employee that he would share more information in the future, once he returned to the Washington, D.C., area.
Dalke subsequently arranged to transfer additional classified information in his possession to the purported Russian agent at Union Station in downtown Denver. Using a laptop computer and the instructions provided by the FBI online covert employee, Dalke transferred five files, four of which contain Top Secret NDI. The other file was a letter, which begins (in Russian and Cyrillic characters) “My friends!” and states, in part, “I am very happy to finally provide this information to you. . . . I look forward to our friendship and shared benefit. Please let me know if there are desired documents to find and I will try when I return to my main office.” The FBI arrested Dalke on Sept. 28, moments after he transmitted the files.
As part of his plea agreement, Dalke admitted that he willfully transmitted files to the FBI online covert employee with the intent and reason to believe the information would be used to injure the United States and to benefit Russia.
Dalke faces a maximum penalty of up to life in prison. Sentencing is scheduled for April 26, 2024. A U.S. district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Cole Finegan for the District of Colorado and Executive Assistant Director Larissa L. Knapp of the FBI's National Security Branch made the announcement.
The FBI Washington and Denver Field Offices are investigating the case.
Assistant U.S. Attorneys Julia K. Martinez and Jena R. Neuscheler for the District of Colorado and Trial Attorneys Christina A. Clark and Adam L. Small of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Dalke plea agreementDefendant Admits to Attempting to Transmit National Defense Information to an Agent of a Foreign GovernmentRead the Press Release
Jareh Sebastian Dalke, 31, of Colorado Springs, pleaded guilty today to six counts of attempting to transmit classified National Defense Information (NDI) to an agent of the Russian Federation (Russia).
According to court documents, from June 6, 2022, to July 1, 2022, Dalke was an employee of the National Security Agency (NSA) where he served as an Information Systems Security Designer. Dalke admitted that between August and September 2022, in order to demonstrate both his “legitimate access and willingness to share,” he used an encrypted email account to transmit excerpts of three classified documents to an individual he believed to be a Russian agent. In actuality, that person was an FBI online covert employee. All three documents from which the excerpts were taken contain NDI, are classified as Top Secret//Sensitive Compartmented Information (SCI) and were obtained by Dalke during his employment with the NSA.
On or about Aug. 26, 2022, Dalke requested $85,000 in return for all the information in his possession. Dalke claimed the information would be of value to Russia and told the FBI online covert employee that he would share more information in the future, once he returned to the Washington, D.C., area.
Dalke subsequently arranged to transfer additional classified information in his possession to the purported Russian agent at Union Station in downtown Denver. Using a laptop computer and the instructions provided by the FBI online covert employee, Dalke transferred five files, four of which contain Top Secret NDI. The other file was a letter, which begins (in Russian and Cyrillic characters) “My friends!” and states, in part, “I am very happy to finally provide this information to you. . . . I look forward to our friendship and shared benefit. Please let me know if there are desired documents to find and I will try when I return to my main office.” The FBI arrested Dalke on Sept. 28, moments after he transmitted the files.
As part of his plea agreement, Dalke admitted that he willfully transmitted files to the FBI online covert employee with the intent and reason to believe the information would be used to injure the United States and to benefit Russia.
Dalke faces a maximum penalty of up to life in prison. Sentencing is scheduled for April 26, 2024. A U.S. district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Cole Finegan for the District of Colorado and Executive Assistant Director Larissa L. Knapp of the FBI's National Security Branch made the announcement.
The FBI Washington and Denver Field Offices are investigating the case.
Assistant U.S. Attorneys Julia K. Martinez and Jena R. Neuscheler for the District of Colorado and Trial Attorneys Christina A. Clark and Adam L. Small of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
Case Number: 22-cr-313-RM
Three Colorado Law Enforcement Agencies Agree to Policies to Ensure Effective Communication with Individuals Who Are Deaf or Hard of HearingRead the Press Release
DENVER—The U.S. Attorney’s Office for the District of Colorado announced today that three Colorado law enforcement agencies—the Clear Creek County Sheriff’s Office, the Idaho Springs Police Department, and the Longmont Public Safety Department—have each agreed to resolve allegations that they violated the Americans with Disabilities Act (ADA) by failing to provide effective communication for individuals who are deaf or hard of hearing. Each agency has agreed to revise its policies in ways that will improve those individuals’ ability to communicate effectively in interactions with law enforcement.
The U.S. Attorney's Office investigated these three law enforcement agencies after receiving ADA complaints from individuals who are deaf. Title II of the ADA requires public entities, including law enforcement agencies, to provide appropriate auxiliary aids and services to ensure effective communication with individuals who are deaf or hard of hearing. Auxiliary aids and services can include items such as computers with video communication software or qualified in-person interpreters.
The incident that led to the investigation of the Clear Creek County Sheriff’s Office (CCCSO) and the Idaho Springs Police Department (ISPD) involved a complainant who is deaf and uses sign language to communicate. The complainant was arrested by ISPD on September 17, 2019. He alleged that during his arrest, he could not hear commands given by ISPD officers from their police vehicle, and that he could not see that ISPD officers were speaking to him because it was dark and the police vehicle’s lights were on. Based on the complainant’s perceived noncompliance, an ISPD officer immediately engaged the complainant in a use of force, bringing him to the ground. The complainant was then handcuffed and repeatedly asked questions by ISPD officers. The complainant alleged that he was unable to understand this questioning because he is deaf, and that even if he could have understood the questioning, he would have been unable to respond to the officers’ questions because his arms were handcuffed behind his back, preventing him from using sign language. The complainant was initially charged with assault and obstructing a peace officer. Those charges were later downgraded to lesser charges and were ultimately dropped.
After the complainant’s arrest, he was transferred to the custody of the Clear Creek County Sheriff’s Office (CCCSO), where he spent four months at the Clear Creek County Jail, as he was unable to post bond. The complainant alleged that during his four months of incarceration in the jail, CCCSO never obtained a sign language interpreter for him or set up a remote interpreter by video. The complainant alleged that he complained to CCCSO on multiple occasions that his rights were being violated, but that throughout his four months in custody, CCCSO did not provide any auxiliary aids and services other than a pen and paper. The complainant alleged that, as a result, he was extremely isolated and became depressed.
The incident that led to the investigation of the Longmont Public Safety Department (LPSD) involved another complainant who is deaf and uses sign language to communicate. The complainant alleged that he was twice called to Trail Ridge Middle School when his son, a student at the school, was facing disciplinary charges. In both instances, the complainant’s son was cited for criminal infractions by a School Resource Officer employed by LPSD. The complainant alleged that he was not provided with auxiliary aids and services that would have enabled him to understand the charges against his son and the subsequent law enforcement proceedings.
To address issues relating to interactions with deaf or hard of hearing individuals, CCCSO, ISPD, and LPSD each entered into a settlement agreement with the United States and agreed to improve their existing policies for communicating with deaf and hard of hearing individuals. The U.S. Attorney’s Office resolved the complaints against CCCSO and ISPD in October 2023 and the complaint against LPSD in March 2023. Under the revised policies, each of these agencies must evaluate the communication needs of individuals who are deaf or hard of hearing, provide those individuals with appropriate auxiliary aids and services, and train their employees on the procedures that apply to interactions with deaf and hard of hearing individuals.
The Department of Justice has reached prior ADA agreements with other Colorado law enforcement agencies, including the Larimer County Sheriff’s Office and the Jefferson County Sheriff’s Office, and with other local governmental entities, including the City of Englewood and the St. Vrain Valley School District, in circumstances where the agreement followed an ADA complaint involving a law enforcement interaction.
“As these resolutions reflect, our office has continued to receive complaints from members of the public who are deaf or hard of hearing about difficulties they experience in their interactions with law enforcement agencies in Colorado,” said U.S. Attorney Cole Finegan. “The measures adopted in these settlement agreements will improve public safety, safeguard the rights of individuals who are deaf and hard of hearing, and ensure that law enforcement officials know what to do when they encounter someone who is deaf or hard of hearing.”
The Department of Justice has now reached resolutions with seven different Colorado governmental entities of ADA complaints arising from law enforcement interactions with individuals who are deaf or hard of hearing.
The United States Attorney’s Office encourages law enforcement and other governmental agencies in Colorado to examine their policies, resources, and training, to ensure that officers and staff know their responsibilities under the ADA to provide effective communication for individuals who are deaf or hard of hearing. If such agencies or members of the public have questions about the ADA or effective communication in law enforcement, they can contact the U.S. Attorney’s Office at [email protected]. Additional resources on effective communication and law enforcement can be found on ADA.gov.
These matters were handled by Assistant U.S. Attorneys Zeyen Wu and Bill Scarpato.
Durango Drug Dealer Who Fled Police, Scattering Fentanyl Pills on Main Avenue, Sentenced to 10 Years in Federal PrisonRead the Press Release
DURANGO – Robert James Russell Simmons, age 37, of Durango, Colorado, was sentenced to serve 10 years in federal prison, followed by 5 years on supervised release, for possessing a controlled substance with the intent to distribute.
According to court documents and facts presented during sentencing, investigators with the Southwest Drug Task Force observed a drug deal involving Simmons in the Durango Transit Lot in September 2022. La Plata County Sheriff’s Deputies approached Simmons, who was seated in a Dodge Charger. Deputies asked Simmons to step out of the car. In response, Simmons put the Charger into reverse and accelerated, causing the Charger to hit one Deputy in the arm and knee, requiring a hospital visit. Simmons then accelerated forward out of the Transit Lot, turning onto 8th Street, and then veering the wrong way past “Do Not Enter” signs on Narrow-Gauge Avenue. Halfway down the block, the Charger was blocked by a truck coming the other direction. Simmons pulled into a parking lot, colliding with a parked truck. Simmons then fled on foot carrying a bag of small, blue pills containing fentanyl. He ran through the parking lot, across Main Avenue, and threw the bag of fentanyl pills into a trashcan. Law enforcement later found a trail of blue pills that went from the site of the car crash to the trashcan. Pills were also located on Main Avenue and the nearby sidewalk. Law enforcement later secured a search warrant for the Charger and found 840 grams of a methamphetamine mixture (or roughly 3,360 individual doses).
“Durango is a little safer today with this drug dealer being bars,” said U.S. Attorney Cole Finegan. “Fentanyl is extraordinarily dangerous. We will continue to prosecute the dealers who seek to profit from this poison and endanger everyone in our community.”
“This sentencing sends the very clear message that HSI and our partners will relentlessly investigate and prosecute those who try to transport drugs across the state filling our communities with poison,” said Ryan L. Spradlin, Special Agent in Charge, HSI Denver. “Every day our agents are on the streets to ensure people like this end up with significant time behind bars.”
“The Southwest Drug Task Force is committed to keeping La Plata County safe for everyone in our community,” said Commander Joey LaVenture of the Southwest Drug Task Force. “ We commend the work of our deputies, officers and federal law enforcement partners in this prosecution of this dangerous fentanyl dealer.”
According to the Drug Enforcement Administration, 6 out of 10 fentanyl pills tested contain a potentially lethal dose of fentanyl. https://www.dea.gov/onepill
United States District Court Judge Gordon P. Gallagher presided over the sentencing on October 4, 2023, finding that sentencing enhancements applied for use of violence and reckless endangerment based on Simmons’s conduct fleeing from law enforcement. Simmons appeared at the sentencing hearing in custody and was remanded at its conclusion.
This case was investigated by the Southwestern Drug Task Force, Homeland Security Investigations, and the La Plata County Sheriff’s Office. The defendant was prosecuted by Assistant U.S. Attorney Jeffrey K. Graves.
Case Number: 23-cr-00006-GPG-JMC
Justice Department Awards over $4.4 Billion to Support Community SafetyRead the Press Release
WASHINGTON – The Justice Department announced that it is awarding more than $4.4 billion to support state, local, and Tribal public safety and community justice activities. The grants, from the Department’s Office of Justice Programs (OJP), will help build community capacity to curb violence, serve victims and youth, and achieve fair outcomes through evidence-based criminal and juvenile justice strategies.
Colorado will receive $70,830,033 in grants in 71 awards from the Department of Justice.
“Everyone in this country deserves to be safe in their communities,” said Attorney General Merrick B. Garland. “That is why, in addition to continuing our efforts to identify and prosecute the most violent criminals, the Justice Department is putting every available resource to work to support the efforts of our law enforcement and community partners nationwide. This significant investment will go directly to state and local programs that support the victims of crime, support officer safety and wellness, build the public trust in law enforcement essential to public safety, and help make all of our communities safer.”
“This funding is good news for communities throughout Colorado,” said U.S. Attorney Cole Finegan. “I am pleased to announce that Colorado will receive nearly $71 million in grant funding and applaud these efforts to make Colorado a safer place to live.”
The more than 3,700 OJP grants being awarded this fiscal year will support state, local, and community-based efforts and evidence-based interventions that reduce violence, crime, and recidivism while delivering treatment and services to those at-risk of justice system involvement. Funding will expand partnerships between criminal justice professionals and behavioral health experts, help people safely and successfully transition from confinement back to their communities, reach crime victims in underserved areas, steer young people away from justice system contact, improve the management of sex offenders, and support a wide range of research and statistical activities that will help justice system professionals meet community safety challenges.
“Across the country, the Justice Department is working side-by-side with our partners in state and local law enforcement to combat violent crime by using our federal resources to amplify their work on the front lines,” said Deputy Attorney General Lisa O. Monaco. “The billions of dollars in grants announced today will augment those efforts and the tools law enforcement is using to curb violence, counter deadly drug abuse, and promote safety and public trust. Together with our state and local partners, the Department will continue to do everything we can to protect the communities we all serve.”
“The Department of Justice is investing in community-based approaches to violence prevention, law enforcement health and wellness, Tribal courts, improved services for victims, research and data collection efforts, reentry programs, and much more,” said Associate Attorney General Vanita Gupta. “The grants announced today further our commitment to working with our state, Tribal, and local partners to increase public safety, build police-community trust, and ensure safe, healthy, and just communities for all.”
“Every sector of our society — not only the justice system, but nonprofit and faith-based groups, local leaders, and advocates, and people with lived experience who serve as credible messengers — plays a critical role in ensuring public safety and public health,” said OJP Assistant Attorney General Amy L. Solomon. “The Office of Justice Programs is proud to make these substantial investments in building community infrastructure and supporting communities as co-producers of safety and justice.”
Grants will support five major community safety and justice priorities:
- Awards totaling more than $1 billion will promote safety and strengthen trust, helping communities tackle the proliferation of gun violence in America and restore bonds of trust between community residents and the justice system. Grants will support innovative and evidence-based strategies designed to prevent and reduce violent crime, support the health and safety of law enforcement and public safety professionals, promote rehabilitation and reentry success, and address the rise in hate crimes across the country.
- More than $437 million in grant awards will accelerate justice system reforms designed to achieve equal justice and fair treatment for all. Grants will expand access to services among historically underserved and marginalized communities, reduce counterproductive involvement in the justice system, increase opportunities for diversion, and build pathways to treatment for people with substance use and mental health disorders.
- Over $192 million will improve the fairness and effectiveness of the juvenile justice system by supporting developmentally appropriate and culturally responsive interventions for youth. Funding will ensure that young people are served at home in their communities whenever possible, are equipped to transition to a healthy adulthood free of crime, and are protected from violence and abuse.
- More than $1.7 billion will expand access to victim services by investing in programs that provide trauma-informed and culturally responsive services to victims. Funding will support thousands of local victim assistance programs across the country and victim compensation programs in every state and U.S. territory, while helping these programs build their capacity to reach those disproportionately affected by crime and victimization.
- Over $418 million in awards will advance science and innovation to strengthen the base of knowledge that policymakers and practitioners can use to design and deploy effective community safety strategies. Awards will support research and data collection on a wide range of public safety issues, help maintain timely and accurate criminal history records, and improve the capacity of crime labs and forensic analysts to solve crimes, absolve the innocent, and deliver justice to victims.
In addition, OJP will award more than $611 million to continue its support of other previously funded programs and congressionally directed spending. More information about the awards announced today can be found by visiting www.ojp.gov/funding/fy23awards.
Federal Jury Convicts Colorado Springs Woman for Her Role in a Conspiracy to Distribute Fentanyl that Resulted in DeathRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announces that Marlene McGuire, age 58, of Colorado Springs, was found guilty for her role in a conspiracy to distribute fentanyl resulting in the death of a juvenile. A federal jury in Denver returned guilty verdicts against McGuire on Friday, September 22, 2023, after approximately two-hours of deliberation.
According to the facts established at trial, on January 30, 2022, McGuire sold four pills which contained fentanyl and para-fluorofentanyl to the three juveniles near a fire station in the Security-Widefield area of Colorado Springs. On January 31, 2022, a father of one of the juveniles and his stepmother discovered the juvenile deceased in his bedroom in their home. Police and a deputy coroner found paraphernalia used for smoking fentanyl pills in the juvenile’s room and two blue pills in a baggie in his dresser drawer. After an autopsy, the El Paso County Coroner’s Office determined the juvenile’s cause of death was acute fentanyl and para-fluorofentanyl toxicity. The Drug Enforcement Administration (DEA) Western Laboratory tested the two pills found in the juvenile’s dresser drawer. Both pills contained para-fluorofentanyl. One of the two pills also contained fentanyl, lidocaine, and xylazine.
An investigation by the Federal Bureau of Investigation (FBI) and the Colorado Springs Police Department (CSPD) identified McGuire and a co-defendant as the individuals who sold the blue pills and also revealed that they had been engaged in a conspiracy to sell various controlled substances—including methamphetamine, heroin, cocaine, and blue pills—since at least May 2020. On February 21, 2022, the FBI and CSPD executed a federal search warrant at McGuire’s long-time residence in Colorado Springs. In addition to finding both McGuire and a co-defendant in the residence, law enforcement officers located and seized methamphetamine, heroin, cocaine, and a blue pill which contained fentanyl.
“Fentanyl is a deadly poison that is killing our children,” said U.S. Attorney Cole Finegan. “We are grateful to the Federal Bureau of Investigation and the Colorado Springs Police Department for their work in this investigation, and their collective efforts to keep our communities safe from this deadly epidemic.”
“Fentanyl is a deadly plague consuming our communities. In this case, the defendant was part of a conspiracy that led to the overdose death of a young man,” said FBI Denver Special Agent in Charge Mark Michalek. “The cooperation with our law enforcement partners in Colorado Springs made this result possible. The family of the deceased young man can know that those who supplied the deadly drugs have been held accountable and will no longer be able to provide poison to other juveniles.”
“The Colorado Springs Police Department is grieving with the family of the child who was killed and hopes that the successful prosecution of this case brings some measure of justice,” said Commander Doug Trainer, CSPD Metro Division. “We take the distribution of fentanyl in our community seriously. We are thankful for our federal partners at the FBI and the United States Attorney’s Office who assisted with the investigation and prosecuted this case. We want to reassure our community that we will continue to fight the fentanyl epidemic alongside our federal partners.”
United States District Court Judge Regina M. Rodriguez presided over the week-long jury trial. Sentencing is scheduled for December 6, 2023.
The FBI and the Colorado Springs Police Department conducted the investigation. Assistant United States Attorneys Alyssa Mance and Peter McNeilly handled the prosecution.
Case Number: 22-cr-00080