District of Columbia

WASHINGTON - Venlonte Bethea, Jr., 19, also known as James Williams, and Anthony Hardy, 24, pled guilty today to robbery charges stemming from a mid-afternoon attack on a man last summer in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Bethea and Hardy, both of Washington, D.C., entered the guilty pleas in the Superior Court of the District of Columbia. The Honorable Lynn Leibovitz scheduled sentencing for April 12, 2013. The charge carries up to 15 years in prison. Judge Leibovitz ordered that both defendants be held without bond pending their sentencing.

     According to the government’s evidence, on July 17, 2012, at about 1:40 p.m., the victim was walking near the intersection of Pennsylvania Avenue and G Street SE, adjacent to the Potomac Avenue Metro station and bus stop. Bethea and Hardy approached him, asking for change. Bethea then circled behind the victim and put him in a chokehold, while Hardy went through the victim's pockets and took all of his money, phone, and various other identification cards. In all, both men took $576 in cash, including three $2 bills, a debit card, an insurance card, and an identification card.  Then they ran into the Potomac Avenue Metro station.

     The victim chased both defendants to the  L'Enfant Plaza Metro Station, and used another Metro passenger’s phone to call the police. In his call to the police, the victim provided detailed descriptions of his attackers. The Metro Transit Police stopped both defendants inside the Gallery Place-Chinatown Metro station.  They matched the descriptions provided by the victim.

     The victim subsequently identified both defendants as having robbed him.  In a search following the arrests, police found $290 on Bethea; Hardy had the rest of the money, including the $2 bills, as well as the victim's debit and identification cards.

     In announcing today’s plea, U.S. Attorney Machen commended the work of the Metro Transit Police.  He also acknowledged the efforts of Assistant U.S. Attorney John C. Truong, who investigated and prosecuted the case.

13-049

WASHINGTON – Michael Mitchell, 41, of Washington, D.C., was sentenced today to a four-year prison term after earlier pleading guilty to robbing a check cashing store in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced. 

     Mitchell pled guilty to a robbery charge in December 2012 in the Superior Court of the District of Columbia. He previously was convicted of multiple violent and theft-related offenses dating to the 1990s.  He was sentenced by the Honorable Lynn Leibovitz.  Following his prison term, Mitchell will be placed on three years of supervised release.

     According to the government’s evidence, Mitchell entered a check cashing store at Georgia and New Hampshire Avenues NW at about 9:35 a.m. on Oct. 6, 2012. At the time, six other customers waited in line, including the victim.  After entering the store, he approached the victim, an immigrant to the United States who worked two jobs as a nursing assistant and was in the store to send money home to her family in Uganda.  Mitchell then grabbed the victim's purse and an envelope containing money for her family. 

     The victim fought back and Mitchell ripped the items from her hands and ran out of the store.  Multiple eyewitnesses came to the victim’s aid and helped her chase after her attacker, keeping him in sight.  Members of the Metropolitan Police Department (MPD) were called and caught Mitchell fleeing in the 3500 block of New Hampshire Avenue NW.

     In announcing the sentence, U.S. Attorney Machen commended the work of the MPD officers and detectives who investigated the case, as well as the citizens who came forward to assist the victim. He also thanked Paralegal Assistant Todd McClelland and Intelligence Specialist Sharon Johnson for their work on this case.  Finally, he acknowledged the efforts of Assistant U.S. Attorney Phil Selden, from the Superior Court Felony Major Crimes Section, who prosecuted the case.

13-048

WASHINGTON - Kristen M. Jasper, 28, a former background investigator for the U.S. Office of Personnel Management OPM), was sentenced today to six months of home detention and ordered to pay $109,000 in restitution for falsifying work on background investigations of federal employees and contractors, announced U.S. Attorney Ronald C. Machen Jr. and Patrick E. McFarland, Inspector General for the Office of Personnel Management.

      Jasper, of Hayden Lake, Idaho, pled guilty in August 2012 in the U.S. District Court for the District of Columbia to a charge of making a false statement. The Honorable Beryl A. Howell sentenced her today, including the six months of home detention as part of three years of probation.

      According to a statement of offense submitted to the Court at the time of the guilty plea, Jasper was a Special Agent assigned to the Federal Investigative Services, where her job was to conduct federal background investigations.

      Between August 2010 and June 2011, in more than three dozen Reports of Investigation on background investigations, Jasper represented that she had interviewed a source or reviewed a record­ regarding the subject of the background investigation. In fact, she had not conducted the interview or obtained the record. Her reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, or for receiving or retaining security clearances.

      Jasper’s false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to her during the time period of her falsifications, at an estimated cost of $109,000 to the U.S. government. The restitution is to be paid to the federal government.

      Federal Investigative Services has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information.  The falsification of investigative case work by the defendant was detected through the program.

      This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia in the last four years involving false representations by background investigators and record checkers working on federal background investigations. In addition to Jasper, 13 other background investigators and two record checkers have been convicted of charges.

      Federal Investigative Services, through its workforce of approximately 7,300 investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.1 million investigations during the 2012 fiscal year. More than 770,000 of these investigations involved applicants for access or continued access to classified information.

      In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation.  After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.

      In announcing the sentence, U.S. Attorney Machen and Inspector General McFarland praised the efforts of Special Agent Nathaniel Smith, OPM, Office of the Inspector General, and Philip Kroop, Chief of Quality and Integrity Assurance, OPM-Federal Investigative Services.  Mr. Machen and Mr. McFarland also acknowledged the work of Assistant U.S. Attorneys Mary Chris Dobbie and Ellen Chubin Epstein, who investigated and prosecuted this matter.

13-043

WASHINGTON – Brandon Smothers, 17, of Washington, D.C., was sentenced today to eight years of incarceration for shooting a classmate last year in the parking lot of Coolidge High School, U.S. Attorney Ronald C. Machen Jr. announced.

      Smothers, who was charged as an adult, pled guilty in October 2012 in the Superior Court of the District of Columbia to one count of aggravated assault while armed. He was sentenced by the Honorable Patricia A. Broderick. Upon completion of his prison term, Smothers will be placed on five years of supervised release.

      According to the government’s evidence, Smothers and the 18-year-old victim were involved in a verbal altercation inside their classroom on Sept. 19, 2012. Smothers was escorted out of the classroom and subsequently left the school premises. The victim was allowed to stay in the classroom after the altercation and even helped other students with their school work.

      At about 3 p.m., as classes were ending for the day, Smothers confronted the victim in the parking lot of the school, which is in the 6300 block of 5th Street NW. At the time, the victim was walking to get on a school bus. Smothers and the victim exchanged words. Smothers then pulled a black .380 semiautomatic handgun from his waist area and pointed it at the victim’s chest area. The victim turned around and, as he ran away, Smothers fired the gun at him several times. Four shots hit the victim in the leg and lower body area.

      Other students were in the parking lot at the time and on a bus in the parking lot. As the victim was running, he attempted to shield other students from the gunfire. The high school was placed on lockdown for the safety of students, teachers and staff.

Officers with the Metropolitan Police Department (MPD) saw Smothers fleeing the scene on foot and stopped him in the 100 block of Rittenhouse Street NW. They recovered the firearm from the path he had been taking, as well as shell casings from the school parking lot.

      The victim was transported to Washington Hospital Center, where he required immediate surgery for his wounds. Smothers subsequently provided a statement to police in which he acknowledged shooting the victim.

      “This case demonstrates how quickly a gun can escalate a classroom squabble into a life-threatening confrontation,” said U.S. Attorney Machen. “When parents send their kids off to school, they should never have to worry that their child could be caught in a hail of gunfire during the school day.  Our decision to charge this shooter as an adult is a reflection of how seriously we take gun crimes in the District and how committed we are to keeping our schools free of gun violence.”

      In announcing the sentence, U.S. Attorney Machen commended the efforts of the MPD, which investigated the case. He also acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Debra Smith and Lynda Randolph and Victim/Witness Advocate Jennifer Clark. Finally, he praised the work of Assistant U.S. Attorneys Philip A. Selden and Vivien Cockburn, who prosecuted the case.

13-045

WASHINGTON - Robert Carter, 41, was sentenced today to 70 years in prison on charges stemming from the killing of his 13-year-old daughter and the wounding of his ex-girlfriend and a 10-year-old boy, U.S. Attorney Ronald C. Machen Jr. announced.

     Carter, of Washington, D.C., pled guilty in October 2012 to one count of first-degree murder while armed and two counts of assault with intent to kill while armed. He was sentenced in the Superior Court of the District of Columbia by the Honorable Thomas J. Motley. Judge Motley sentenced Carter to 45 years in prison for the murder and 25 years for the other charges.

     According to the government’s evidence, Carter and his then-girlfriend, Moria Morse, were estranged and he was no longer living with her and the family at the time of the murder. On Oct. 29, 2010, he was at their home in the 500 block of Madison Street NW, alone there for several hours. That afternoon, he went to a store and purchased a Halloween mask and a pair of work gloves. When he returned, he took his daughter, Angel Morse, 13, to the basement. He shot the teenager once in the head. The Halloween mask was later found on the floor, next to the girl, and the gloves were found elsewhere in the house, with her blood on them.

     Within an hour, several family members and acquaintances began returning to the home. Carter held them against their will, including Moria Morse’s two sons, 6 and 10, and the defendant’s and Moria Morse’s 16-year-old daughter, who he forced to sit on a couch.

     At one point, Carter told the 16-year-old that Angel was in the basement and that he had killed her. When his then-girlfriend returned home, Carter went to the front door, opened it, and pointed a gun at her. The 10-year-old boy jumped up from a couch and lunged at Carter, striking his arm as he began to fire the gun. Carter fired the gun several times, hitting his then-girlfriend once in the abdomen and the 10-year-old once in the leg.

     After shooting the gun several more times, Carter stole a friend’s car and fled. He abandoned the vehicle in order to carjack a MetroAccess sedan, taking control of that car with an 84-year-old passenger inside. As Carter kept driving, the woman screamed, “You’re passing my house! This is my block? I’m sick and I’m crippled! Please get me to my house” She was eventually released unharmed. But Carter continued to flee, leading local police officers on a chase into Prince George’s County, where he crashed the MetroAccess car into a building in Capitol Heights. He has been in custody since his arrest after the crash.

     “Robert Carter committed one violent act after another in a terrifying afternoon, killing his own 13-year-old daughter, shooting two other innocent victims, and then trying to make his escape by carjacking a MetroAccess car with an elderly passenger inside,” said U.S. Attorney Machen. “His complete lack of compassion was astounding and the community will be safer with this sentence that should put him in prison for the rest of his life.”

     In announcing the sentence, U.S. Attorney Machen praised the work of the detectives, officers and crime scene technicians who investigated the case from the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegals Phaylyn Hunt, Sandra Lane, and Alesha Matthews Yette, Victim Advocate Marcy Rinker, Witness Security Specialist Debra Cannon, Information Technology Specialist Leif Hickling, and Assistant U.S. Attorneys David J. Gorman and Erin O. Lyons, who prosecuted the case.

13-047

WASHINGTON – Luel Hayes, Jr., 43, was sentenced today to a total of 38 years of incarceration on charges stemming from a 2009 slaying in Northwest Washington and a sexual assault that took place about two months later, U.S. Attorney Ronald C. Machen Jr. announced.

     Hayes, of Washington, D.C., was found guilty in November 2012, following a trial in the Superior Court of the District of Columbia, of second-degree murder while armed and related weapons offenses in the slaying of Rahiem Moore. He pled guilty in January 2013 to one count of first-degree child sexual abuse, stemming from an attack on a 15-year-old girl.

     Hayes was sentenced by the Honorable Ronna L. Beck to a total of 27 years in prison in the murder case and an additional 11 years in the sexual abuse case, to be served consecutively. Following completion of his prison term, he is to be placed on five years of supervised release. In addition, after his release from prison, Hayes must register as a sex offender for 10 years.

     According to the government’s evidence at the murder trial, Hayes shot and killed the victim, Rahiem Moore, 37, at about 9:35 p.m. on June 10, 2009. Before the murder, Hayes, who was angry with Mr. Moore over an earlier dispute, lay in wait by Mr. Moore’s parked car in a lot behind 1310 Columbia Road NW. Once Mr. Moore appeared, Hayes shot him five times in the dark parking lot. He left Mr. Moore to die face down, next to his car.

     Although there were no eyewitnesses to the shooting, Hayes told several people about the murder of Mr. Moore, who also was known as “Spot.” They included the 15-year-old girl, who he sexually assaulted in August 2009 at an apartment in Northwest Washington. After that attack, Hayes pointed a silver revolver at the victim’s face from about three feet away and declared, “If you tell, you already know, I killed somebody named Spot.”

     In announcing the sentences, U.S. Attorney Machen commended the work of the Metropolitan Police Department (MPD) detectives, officers, and mobile crime technicians who investigated the cases. He also expressed appreciation to the FBI forensic documents examiner who worked on the cases. In addition, he thanked those who worked on the two cases from the U.S. Attorney’s Office, including Paralegal Specialists Meridith McGarrity and Jason Manuel; Intelligence Analyst Sharon Johnson; Litigation Technology Specialists Jeanie Latimore-Brown and Leif Hickling, and Victim/Witness Advocates Marcey Rinker and Lezlie Richardson.

     Finally, he acknowledged the work of Assistant U.S. Attorney Amy Zubrensky, who investigated and prosecuted the sexual assault case, and Assistant U.S. Attorney David Saybolt, who investigated and tried the murder case.

13-044

WASHINGTON - Anthony Speight, Jr., 24, of Washington, D.C., was sentenced today to a 21-year prison term for the January 2011 slaying of a man following a robbery attempt in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

      Speight pled guilty in September 2012 to a charge of second-degree murder while armed. He was sentenced by the Honorable Russell F. Canan in the Superior Court of the District of Columbia. Upon completion of his prison term, Speight will be placed on five years of supervised release.

      According to the government’s evidence, on Jan. 19, 2011, shortly after 11 p.m., Speight was riding a bicycle at Florida Avenue and North Capitol Street NW. As Speight crossed the intersection, he approached a young woman and unsuccessfully propositioned her for sex. Turned away, Speight then continued across the intersection and approached William R. Mitchell, 33, who was walking home from a nearby Metro station.

      While still on his bicycle, Speight demanded money from Mr. Mitchell. At some point during their exchange, the defendant lifted up his shirt, revealing a silver .357 revolver. The young woman, who was still nearby, intervened and told Speight that she would call the police if he did not leave Mr. Mitchell alone. She then pulled out her phone to call the police. Speight knocked the phone out of her hand and repeatedly ran over the phone with his bicycle.

      Then, as the woman bent over to pick up her phone, Mr. Mitchell jumped on Speight’s back. Speight and Mr. Mitchell fell to the ground and struggled.  During the struggle, Speight pulled out his revolver and shot Mr. Mitchell four times.

      Speight is to stand trial in July 2013 in an unrelated case involving an armed carjacking that took place on the afternoon of Jan. 19, 2011 in Northeast Washington. He has pled not guilty to charges.

      In announcing the sentence, U.S. Attorney Machen commended the efforts of the detectives and other personnel who investigated the case for the Metropolitan Police Department.  He acknowledged the hard work and dedication of those who assisted with the investigation and prosecution at the U.S. Attorney’s Office, including Victim/Witness Advocate Marcia Rinker and Paralegal Specialist Debra Joyner.  Finally, he thanked Assistant U.S. Attorneys Steven Snyder and Holly Shick, who investigated and prosecuted the case

 

13-046

WASHINGTON – Carl Lott, 47, of Washington, D.C., pled guilty today to arranging to have sexual contact with a child, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Lott entered the guilty plea in the Superior Court of the District of Columbia.  The Honorable Stuart G. Nash is to sentence him on April 11, 2013.  Lott faces a maximum sentence of five years of imprisonment, as well as a fine of up to $50,000.

     According to the government's evidence, on Nov. 8, 2012 Lott contacted a man he believed to be the father of a 12-year-old female child on a social network site. That man turned out to be an undercover MPD officer with the FBI's Child Exploitation Task Force. 

     Over the next two days, Lott engaged in online e-mail conversations with the undercover officer about having sexual relations with the purported child.  During this period of time, Lott arranged a meeting - including time, date and location - with the undercover officer for the purpose of having sexual relations with the purported child.  On Nov. 9, 2012, Lott met the undercover officer and was arrested. 

     This case was brought as part of the Department of Justice’s Project Safe Childhood initiative and investigated by the FBI’s Child Exploitation Task Force, which includes members of the FBI’s Washington Field Office and MPD. Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

     In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force.  They also commended Assistant U.S. Attorney Ari Redbord, who is prosecuting the case.

13-042

WASHINGTON – Floyd Lee Corkins, II, 28, pled guilty today to three felony charges, including a terrorism offense, in the August 2012 shooting of a security guard at the Family Research Council in downtown Washington, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Corkins, of Herndon, Va., pled guilty in the U.S. District Court for the District of Columbia to charges of committing an act of terrorism while armed, assault with intent to kill while armed, and interstate transportation of a firearm and ammunition. The Honorable Richard W. Roberts scheduled sentencing for April 29, 2013. The terrorism offense carries a statutory maximum of 30 years in prison. The assault charge carries a statutory maximum of 30 years of incarceration, and the weapons-related charge carries up to 10 years in prison.

     Corkins has been in custody since his arrest after the Aug. 15, 2012 shooting.

This marks the first time that a defendant has been charged with and convicted of committing an act of terrorism under a provision of the District of Columbia’s Anti-Terrorism Act of 2002 that covers criminal actions committed with the intent to “intimidate or coerce a significant portion of the civilian population of the District of Columbia or the United States.”

     According to the government’s evidence, on Aug. 15, 2012, at about 10:45 a.m., Corkins entered the office of the Family Research Council, at 801 G Street NW, and encountered an unarmed security guard.  Corkins retrieved a firearm from his backpack and pointed it at the security guard.  The security guard charged Corkins and a struggle ensued, during which Corkins fired three shots, striking the guard in the arm. Despite the gunshot wound and Corkins’s subsequent discharges of the gun, the security guard heroically succeeded in disarming the defendant and forcing him to the ground and onto his belly.

     According to a statement of offense, signed by the defendant as well as the government, Corkins targeted the Family Research Council because of its views, including its advocacy against recognition of gay marriage.  He entered the building with the intention of shooting and killing as many employees of the organization as he could.

     “Were it not for the heroic guard who tackled Floyd Corkins, he could have succeeded in perpetrating a mass killing spree in the nation’s capital,” said U.S. Attorney Machen. “This case highlights the dangers of access to high-capacity magazines that allow killers to inflict carnage on a mass scale in the blink of an eye.  Today’s guilty plea makes clear that using violence to terrorize political opponents will not be tolerated.”

     “Individuals such as Mr. Corkins, who commit violent acts in pursuit of political aims, are a danger to our society and to the freedoms we enjoy as citizens,” said Assistant Director in Charge Parlave. “In today’s plea, Mr. Corkins admitted to committing an act of terrorism in the District of Columbia. Together with our partner law enforcement agencies and with the assistance of the community, the FBI will pursue all those who seek to intimidate or harm U.S. citizens.”

     “This was a horrible act,” said Police Chief Lanier. “Fortunately, a quick-thinking employee was able to disarm and subdue the shooting suspect.  His dedication to duty and willingness to put himself in harm’s way prevented others from being seriously injured or killed.  He is an inspiration to many and a hero to all that were affected.”

     According to the statement of offense, Corkins purchased a semiautomatic pistol from a store in Virginia on Aug. 9, 2012, and picked up the weapon the following day.  On the afternoon of Aug. 13, he rehearsed his planned trip to the Family Research Council. On the night before the shooting, Corkins returned to the gun store and engaged in shooting practice.

     On the morning of Aug. 15, Corkins rode Metrorail from Virginia and into the District of Columbia, got off at the Gallery Place stop, and went to the Family Research Council. To gain access into the building, he falsely told the security guard that he was there for an interview as a prospective intern. Upon gaining entry, Corkins approached the receptionist desk, which the security guard was manning, intending to shoot and kill him. However, the security guard fought back and, as the two men scuffled, Corkins fired his gun three times, striking the guard once in his left arm in the process.  After the security guard subdued Corkins, Corkins stated, “It’s not about you,” but about the organization’s policies. He also was heard making remarks such as, “I don’t like these people, and I don’t like what they stand for.”

     In a search after the shooting, MPD officers discovered two fully loaded magazine clips in one of Corkins’s front pants pockets, as well as a Metro card and a handwritten list containing the names of the Family Research Council and three other organizations that openly identify themselves as having socially conservative agendas. A search of Corkins’s backpack turned up, among other items, a box of 50 rounds of 9 mm ammunition. They also found 15 individually wrapped sandwiches that Corkins had purchased the previous day from Chick-fil-A.

     Corkins later made statements to the FBI in which he said that he was a political activist and considered the Family Research Council to be a lobbying group.  He also stated that he intended to kill as many people as possible and smother the Chick-fil-A sandwiches into their faces. Among other things, he said, “Chick-fil-A came out against gay marriage so I was going to use that as a statement.”

     Corkins also revealed the steps he took in planning the attack, saying that he had been thinking about perpetrating similar violence for years but never carried out an attack. Had he not been stopped at the Family Research Council, he stated, he planned to go to the second organization on the list he was carrying and wage a similar shooting there.

     The security guard, who also was the building’s manager, underwent emergency surgery in which metal plates were inserted into his left arm so that shattered bones could heal. Numerous bullet fragments remain in his arms, and he was unable to work for months.

     In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier expressed their appreciation to all those who investigated the case from the FBI’s Washington Field Office and the MPD.  They also commended the efforts of Assistant U.S. Attorneys Ann H. Petalas and T. Patrick Martin of the National Security Section of the United States Attorney’s Office, who prosecuted the case.

13-039

WASHINGTON – Arvel Wills, 23, of Washington, D.C., was indicted today on murder and related charges in the killing of his cousin, Dwayne Wills, last year in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     A grand jury returned the indictment in the Superior Court of the District of Columbia, charging Wills with second-degree murder, obstruction of justice, unlawful possession of a firearm and related weapons offenses. He is to be arraigned on March 7, 2013 before the Honorable Ronna L. Beck. A trial date has been scheduled for June 3, 2013.  If convicted, the defendant faces a potential sentence of life in prison.

     According to the government’s evidence, on May 26, 2012, at about 4 a.m., Wills and his cousin, Dwayne Wills, 25, engaged in a verbal dispute that turned into a physical altercation at Abbey Place and L Street NE.  They had been drinking alcohol at the time of the incident. Witnesses observed Wills pick up his cousin by his neck and leg, hold him over his head, and then forcefully slam the cousin’s head into the street, causing a skull fracture.

     Dwayne Wills was unconscious but was revived and taken to Washington Hospital Center where he claimed that he had fallen and hurt himself. He lapsed into a coma. On June 4, 2012, he died as a result of head injuries suffered on May 26, 2012.

     The District of Columbia medical examiner=s office has ruled the case a homicide. The evidence indicates that the cause of death was blunt impact trauma to the head. Wills was arrested on Sept. 27, 2012.  At the time of his arrest, he possessed a 9 mm Ruger and an extended magazine clip with 13 rounds of ammunition.  He has been in custody ever since.

     An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and is not evidence of guilt.  Every defendant is presumed innocent until, and unless, proven guilty.      

     This case is being investigated by the Metropolitan Police Department (MPD) and is being prosecuted by Assistant U.S. Attorney Cynthia G. Wright.

13-041

WASHINGTON - Tyran Mcelrath, 18, of Washington, D.C., pled guilty today to charges stemming from an attack he carried out against an elderly woman during a burglary last fall of the victim’s home in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Mcelrath pled guilty in the Superior Court of the District of Columbia to one count of first-degree burglary and one count of aggravated assault. He is to be sentenced May 7, 2013 by the Honorable Patricia A. Broderick. He faces a statutory maximum of 30 years in prison for the burglary offense and an additional 10 years for aggravated assault. Under the Court’s voluntary sentencing guidelines, he faces a likely range of up to eight years for burglary and up to 5 ½ years for the assault.

     According to the government’s proffer of evidence, with which Mcelrath agreed, Mcelrath left his home on the morning of Nov. 7, 2012, and traveled to the 3500 block of McKinley Street NW, where the victim, an 81-year-old woman, resided.  Mcelrath, who did not know the victim, went to the house intending to steal property, and broke into the home through a basement window.  At the time, the victim was on the second floor of the house. 

     Mcelrath took some tools from the basement and made his way up to the main floor of the house, where he rifled through cabinets and took change from the victim’s change purse.  Mcelrath then carried an Apple computer outside and hid it in bushes located at the base of the front porch steps. The victim then came downstairs and interrupted Mcelrath. 

     She walked toward the front door and politely asked Mcelrath to leave. Mcelrath then punched her repeatedly in the face with closed fists until she lost consciousness.  Mcelrath then fled before police were called.

     A civilian witness who came upon the woman sometime after the assault called police.  Police found the victim disoriented and suffering from multiple bruises and broken teeth as a result of the beating.  Police were able to identify Mcelrath as the perpetrator when they searched GPS records, which showed Mcelrath inside the victim’s home between 11:41 a.m. and 12:21 p.m., when the crimes occurred.  Police used that same GPS information to locate Mcelrath in Southeast Washington the following day, and found that he matched the limited description that the victim was able to provide, and was wearing a mask that was the same as the one the victim had described.  Police subsequently obtained surveillance video from Metro that showed Mcelrath as he traveled to and from the crime scene.

     In announcing the plea, U.S. Attorney Machen praised the work of the Metropolitan Police Department officers and detectives who investigated the case.  He also commended the efforts of Victim Witness Program Specialist Jennifer Clark, for her work with the victim in this case, and Assistant U.S. Attorneys Ann Carroll and Jonathan Kravis, who investigated and indicted the case.

13-038

WASHINGTON - Dowen Knight, 48, of Washington, D.C., was sentenced today to 52 ½ years in prison for first-degree felony murder while armed and related charges in the slaying of a Northwest Washington store owner, U.S. Attorney Ronald C. Machen Jr. announced.

     A jury found Knight guilty of the crimes in October 2012, following a trial in the Superior Court of the District of Columbia. Knight, who was convicted of 12 counts, was sentenced by the Honorable Florence Y. Pan.

     According to the evidence at trial, at approximately 9 p.m. on Nov. 7, 2009, Knight and an accomplice entered La Casa de Morata, a liquor store in the 5400 block of Georgia Avenue NW. The store owner, Rufina Hernandez, 51, and her son were working there at the time.

     Knight pulled a pistol, went behind the counter, and approached Ms. Hernandez. Upon seeing this, Ms. Hernandez’s son attempted to come to her assistance, but the accomplice ordered him not to move. As Knight approached Ms. Hernandez, she opened the cash register and invited him to take the money. Knight reached inside, took the bills and then fired a single shot, striking her in the left side of her chin.  Knight then pointed the gun at the son and ordered him to the floor. However, the son refused and backed into the storage room. Then Knight and the accomplice fled the store.

     When officers of the Metropolitan Police Department (MPD) arrived on the scene, they found Ms. Hernandez standing outside, being held upright by her son, who was still grasping the cell phone which he had used to make the 911 call. Paramedics transported her to the Washington Hospital Center. However, she succumbed to her injuries and was pronounced dead at the hospital.  

     The accomplice is currently awaiting sentencing in the case.

     In announcing the sentence, U.S. Attorney Machen praised the work of the MPD detectives, officers, crime scene technicians, and forensics specialists who worked on the case. He also praised those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Alesha Matthews Yette and Litigation Technology Specialists Kimberly Smith, Leif Hickling, Paul Howell and William Henderson.  Finally, he commended the efforts of Assistant U.S. Attorney Gary Wheeler, who secured the indictment in the case and handled the prosecution at trial.

13-037

Who Threatened to Expose the Scheme-

WASHINGTON – Lee A. Khan, 32, of Fairfax, Va., was sentenced today to 37 months in prison for his role in a money laundering scheme meant to keep law enforcement from learning about a larger conspiracy involving bribery, kickbacks and federal government contracts.

     Khan pled guilty in May 2012 in the U.S. District Court for the District of Columbia to a charge of conspiracy to commit money laundering. Among other things, he admitted scheming to channel more than $400,000 to a relative who threatened to expose wrongdoing involving millions of dollars in government contacts issued through the U.S. Army Corps of Engineers.

     The sentencing was announced by U.S. Attorney Ronald C. Machen Jr.; Debra Evans Smith, Acting Assistant Director in Charge of the FBI’s Washington Field Office; Sheila Olander, Acting Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI); Peggy E. Gustafson, Inspector General for the Small Business Administration (SBA); Robert E. Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS), and Frank Robey, Director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU).

     Khan was sentenced by the Honorable Emmet G. Sullivan. As part of his plea agreement, Khan agreed to forfeit his interest in more than $1 million in bank account funds, 13 properties in Virginia, Florida, and West Virginia, and a Rolex watch. In addition, Judge Sullivan ordered him to join other conspirators in paying $401,000 in restitution to the federal government. Following completion of his prison term, Khan will be placed on three years of supervised release.

     A total of 12 people have pled guilty to charges in the largest domestic bribery and bid-rigging scheme in the history of federal contracting cases, and Khan was the eighth defendant to be sentenced. All of those sentenced so far have received prison terms. All told, corrupt public officials agreed to steer government contracts from the U.S. Army Corps of Engineers and the U.S. Department of the Army in exchange for more than $30 million in bribe and kickback payments. The investigation is continuing.

     Khan is one of three family members charged in the case. His father, Kerry F. Khan, 55, a former program manager for the U.S. Army Corps of Engineers, pled guilty in May 2012 to charges of bribery and conspiracy to commit money laundering in a scheme in which he received or was promised more than $26 million in payments from various contractors who submitted fraudulently inflated invoices to the government. The contracts were awarded through the U.S. Army Corps of Engineers and the Department of the Army. His uncle, Nazim Khan, 50, pled guilty to a charge of conspiracy to commit interstate transportation of stolen property.

     According to the government’s evidence, Lee Khan helped his father launder $401,000 to pay one of their close family members, identified in court documents as “Khan Family Member A.” The primary purpose of the payment was to prevent the family member from disclosing information concerning bribe payments made to Kerry Khan by a former government contractor.

     At the time of the money transfers, “Khan Family Member A” was incarcerated at the Alexandria Detention Center in Alexandria, Va., where he was jailed following his conviction of a federal felony drug trafficking crime. The family member wrote a letter to the former government contractor – copying Lee Khan – threatening to go to the authorities unless he received a deposit covering “the entire cost of my house and 4 cars.”

     Although Lee Khan did not know the full extent of his father’s illegal conduct, he did know that the source of Kerry Khan’s funds came from unlawful activities. He orchestrated the payments to the relative through multiple accounts in August 2011 in an effort to disguise that he and his father were the source of the funds.

     Lee Khan told his father that if “Khan Family Member A” cooperated with law enforcement, even after getting paid, that he would kill him or have him killed.

     Lee Khan and his father were among four people arrested on Oct. 4, 2011. He has been in custody ever since. “Khan Family Member A,” meanwhile, never got control of the $401,000, which was seized by law enforcement.

     In addition to Lee Khan, those who have been sentenced include:

     -Nazim Khan, owner of KC Builders Custom Homes LLC, a company that helped channel money to Kerry Khan in the bribery and kickback scheme.  He was sentenced in December 2012 to two years in prison and ordered to pay, along with two other defendants, a total of $611,904 in restitution. He also agreed to an order of forfeiture in the amount of $83,403.

     -Harold F. Babb, the former director of contracts at Eyak Technology LLC (EyakTek), an Alaska Native-owned small business. He was sentenced in October 2012 to seven years and three months in prison and ordered to pay $9,405,230 in restitution and to forfeit a money judgment of $689,342.

     -Michael A. Alexander, a former program manager with the Army Corps of Engineers. He was sentenced in September 2012 to a six-year prison term and ordered to pay $1.25 million in restitution and a $1.25 million forfeiture money judgment.

     -James Edward Miller, the owner of Big Surf Construction Management LLC. He was sentenced in October 2012 to five years and 10 months in prison. Miller also was ordered to pay $9,405,230 in restitution and to forfeit a money judgment of $4,055,063 and specific property, including bank account funds, a property in Virginia Beach, three vehicles, and diamond rings and other jewelry.

     -Robert L. McKinney, the president of Alpha Technology Group. He was sentenced in October 2012 to two years and nine months in prison. McKinney also was ordered to forfeit $246,000, representing the illegal proceeds he retained from the crime. In addition, he must pay $984,664 in restitution to the federal government.

     -Larry G. Corbett, owner of Core Technology LLC and Enterprise Technical Solutions, Inc. He was sentenced in November 2012 to two years and three months in prison, ordered to perform 500 hours community service, and ordered to forfeit $290,000.

     -Theodoros Hallas, the former Executive Vice President of Operations for Nova Datacom, LLC. He was sentenced in November 2012 to one year and three months in prison and ordered to perform 500 hours community service.

     Those awaiting sentencing include Kerry Khan; Alex Cho, the former chief technology officer of Nova Datacom, LLC; Nick Park, a former employee of Nova Datacom who later opened his own business, Unisource Enterprise Inc. (UEI), and Oh Sung Kwon, also known as Thomas Kwon, the co-founder and chief executive officer of Avenciatech, Inc.,

     In announcing the sentences, U.S. Attorney Machen, Acting Assistant Director in Charge Smith, Acting Special Agent in Charge Olander, Inspector General Gustafson, Special Agent in Charge Craig, and Director Robey thanked those who investigated the case from the FBI’s Washington Field Office; the Office of the Inspector General for the Small Business Administration; the Department of Defense’s Defense Criminal Investigative Service; the Defense Contract Audit Agency; the Washington Field Office of the Internal Revenue Service-Criminal Investigation, and the Army Criminal Investigation Command. They also expressed thanks to the U.S. Marshals Service for its assistance on the forfeiture matter.

     They also praised the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michael K. Atkinson, Bryan Seeley, and James Smith of the Fraud and Public Corruption Section and Assistant U.S. Attorney Anthony Saler of the Asset Forfeiture and Money Laundering Section. Finally, they expressed thanks for assistance provided by former Special Assistant U.S. Attorney Christopher Dana; Forensic Accountant Maria Boodoo; Paralegal Specialists Tasha Harris, Lenisse Edloe, Shanna Hays, Taryn McLaughlin, Christopher Samson, and Nicole Wattelet, and Legal Assistants Krishawn Graham and Jessica McCormick.

13-036

WASHINGTON – Marc A. Gersen, 31, a former law school student, was sentenced today to a four-year prison term for conspiring to distribute methamphetamine in the Washington, D.C. area, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Gersen, of Washington, D.C., pled guilty in November 2012 in the U.S. District Court for the District of Columbia to one count of conspiracy to distribute and possess with intent to distribute methamphetamine. He was sentenced by the Honorable Reggie B. Walton. Upon completion of his prison term, Gersen will be placed on three years of supervised release. He also must comply with a forfeiture order calling for the payment of a $120,000 money judgment, pay a fine of $2,500, and perform 400 hours of community service.

     According to the facts presented at the plea hearing, between the summer of 2011 and December of 2011, Gersen and others, including Michael Talon and Lee Hylton, conspired and agreed to obtain and distribute wholesale quantities of methamphetamine in the Washington, D.C., area.  During the period of the conspiracy, Gersen, then a student at Georgetown Law School, traveled to California to buy the methamphetamine, which he then would ship to Washington D.C. and sell on a regular basis, in quantities ranging from an ounce to half a pound.  The wholesale price of a pound of methamphetamine is approximately $26,000.

     As part of an investigation, officers with the Metropolitan Police Department executed a search warrant on Nov. 28, 2011 at an apartment shared by Gersen and Talon in the 1600 block of 18th Street NW. They recovered about three grams of methamphetamine, chemicals used for drug manufacturing, and $3,000 in cash. No one was present during the search; at the time, Gersen was visiting his family in Florida, and Talon was away.

     Gersen was arrested by the MPD on Dec. 1, 2011. The arrest took place outside of a hotel in the District of Columbia where others involved in the conspiracy were packaging and storing a large a quantity of crystal methamphetamine. Talon and Hylton were arrested at the hotel.

     Talon, 30, of Washington, D.C., pled guilty to conspiracy to distribute and possess with intent to distribute methamphetamine and is to be sentenced March 15, 2013. Hylton, 51, of Arlington, Va., pled guilty to the same charge and is to be sentenced March 1, 2013.

     In announcing the sentence, U.S. Attorney Machen and Chief Lanier commended the work of the MPD officers and the agents and personnel from the U.S. Drug Enforcement Administration and Naval Criminal Investigative Service, who worked on the investigation. They also thanked those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Crystal Seldon; Criminal Investigator Duncan Templeton, and Assistant U.S. Attorneys Patricia Stewart, Magdalena Acevedo, and Zia Faruqui, who investigated and prosecuted the case.

13-035

WASHINGTON - James Wendell Brown, 51, of Warrenton, Va., pled guilty today to a federal charge of distribution of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Debra Evans Smith, Acting Assistant Director in Charge of the FBI's Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Brown entered the guilty plea in the U.S. District Court for the District of Columbia.  The Honorable Richard J. Leon is to sentence him on April 23, 2013. Brown faces a maximum sentence of 20 years of imprisonment as well as a fine of $250,000. Under federal sentencing guidelines, he faces a likely sentencing range of between 151 and 188 months in prison.

     According to the government's evidence, on March 5, 2012, Brown contacted a man he believed to be the father of a 12-year-old girl on a social network site. That man turned out to be an undercover officer with the FBI's Child Exploitation Task Force.  Over the next few days, Brown engaged in online e-mail and instant message conversations with the undercover officer.  During this period of time, Brown sent the undercover officer three images of child pornography which depicted adult men engaged in sexual acts with children.  During the course of his conversations with the undercover officer, Brown acknowledged having sexually abused young children in the past.

     This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD.  In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

     In announcing the guilty plea, U.S. Attorney Machen, Acting Assistant Director in Charge Smith and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force.  They also commended Assistant U.S. Attorneys David Last and Ari Redbord, who are prosecuting the case.

13-033

     WASHINGTON—Robert Jeter, 19, and Davon Watkins, 18, both from Washington, D.C., were each sentenced today to 12 years in prison for carjacking one victim and committing an armed robbery against another victim within a matter of hours, U.S. Attorney Ronald C. Machen Jr. announced.

     Jeter and Watkins pled guilty in October 2012 in the Superior Court of the District of Columbia. The Honorable Gerald I. Fisher sentenced them to seven years in prison on the carjacking charge and an additional five years for the armed robbery.

     According to the government’s evidence, the defendants approached the carjacking victim at about 10:30 p.m. on June 21, 2012 as he was walking from his car in a parking lot behind 1400 block of Irving Street NW. Watkins put a gun to the victim’s head while Jeter took the victim’s wallet and cell phone. Watkins then demanded the victim’s car keys.  Watkins and Jeter then got into the victim’s car and fled the scene.

     About six hours later, at about 4:15 a.m. on June 22, 2012, Jeter and Watkins approached the armed robbery victim as he was walking on Mount Pleasant Street NW.  They knocked the victim to the ground, put guns to his head, and took his wallet and cell phone.

     About 15 minutes after the armed robbery, police spotted the car taken in the earlier carjacking. The defendants ultimately abandoned the car and fled on foot. They were apprehended in the 1100 block of Clifton Street NW.  The armed robbery victim’s cell phone was found in the center console of the stolen car.  Fingerprint and DNA evidence analyzed by the D.C. Forensics Laboratory tied Jeter and Watkins to the stolen car.

     In announcing the sentences, U.S. Attorney Machen commended the efforts of the detectives, officers, crime scene technicians, and forensic analysts who investigated the case for the Metropolitan Police Department.  He also acknowledged those who worked on the case from the U.S. Attorney’s Office, including Victim Witness Advocate Jennifer Clark, and Assistant U.S. Attorneys Allison Barlotta, Vivien Cockburn, Bridget Fitzpatrick, and Jonathan Kravis, who investigated and obtained the indictment in the case.

13-034

WASHINGTON - John Patrick Swain, 45, of Sterling, Va., was sentenced today to eight years in prison on federal charges of distribution and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Debra Evans Smith, Acting Assistant Director in Charge of the FBI's Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Swain pled guilty to the charges in September 2012 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable James E. Boasberg. Upon completion of his prison term, Swain will be placed on 10 years of supervised release. He also must register as a sex offender for 25 years following his release from prison.

     According to the government's evidence, on June 27, 2012, Swain contacted a man he believed to be the father of a 12-year-old girl, using a social network site. That man turned out to be an undercover officer with the FBI's Child Exploitation Task Force. Over the next few days, Swain engaged in online conversations with the undercover officer. During this period, Swain sent the undercover officer 13 images of child pornography, including videos of adult men engaged in sexual acts with children. 

     Upon execution of a search warrant on the defendant’s residence in Sterling, members of the FBI’s Child Exploitation Task Force recovered a desktop computer as well as various external storage devices containing numerous videos and images of child pornography.

     This case was brought as part of the Department of Justice’s Project Safe Childhood initiative and investigated by the FBI’s Child Exploitation Task Force, which includes members of the FBI’s Washington Field Office and MPD. Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

     In announcing the sentence, U.S. Attorney Machen, Acting Assistant Director in Charge Smith and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force.  They also commended the efforts of Assistant U.S. Attorney Ari Redbord, who prosecuted the case.

13-031

WASHINGTON – Deandre Swann, 25, of Hyattsville, Md., was sentenced today to four years and nine months in prison for robbing a man in broad daylight last summer in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Swann pled guilty in November 2012 in the Superior Court of the District of Columbia to robbery and destruction of property. He was sentenced by the Honorable Robert I. Richter. Upon completion of his prison term, Swann will be placed on three years of supervised release.

     As part of the plea, Swann admitted that on July 28, 2012, at about 1:25 p.m., he and another man approached the victim in the 500 block of T Street NW. Swann tried to grab the victim’s iPhone, then repeatedly struck him. The victim threw the iPhone and was knocked to the ground.  Swann’s accomplice picked up the iPhone, and the two fled the scene together.   

     In addition to the seriousness of the offense itself, the sentence reflected the fact that at the time of the crime, Swann was on probation in the District of Columbia for a 2008 conviction for five counts of distribution of cocaine in a drug-free zone.  In that case, he is facing a probation revocation hearing before the Honorable John M. Mott on Feb. 8, 2013.

     In announcing the sentence, U.S. Attorney Machen expressed his appreciation to the Metropolitan Police Department, which investigated the case. He also commended the work of Paralegal Specialist Allison Daniels and Assistant U.S. Attorney Stephen Rickard, who prosecuted the matter.

13-032

WASHINGTON - Marlon DeShan Perkins, 36, of Washington, D.C., was sentenced today to 11 years and two months in prison for robbing a woman while armed with a knife and for attacking two people who tried to help her, announced U.S. Attorney Ronald C. Machen Jr. 

     Perkins pled guilty in November 2012 in the Superior Court of the District of Columbia to charges of robbery while armed with a knife and assault with a dangerous weapon. He was sentenced by the Honorable Patricia A. Broderick. Upon completion of his sentence, Perkins will be placed on five years of supervised release.

     According to the government’s evidence, on Oct. 5, 2012, at approximately 7:45 p.m., the victim and her six-year-old child were walking in an alley off the 100 block of Morse Street NE when Perkins approached them and brandished a knife.  Perkins lunged at the victim with the knife, demanding her purse and threatening to kill her. In fear for her life, the victim dropped her purse.  Perkins picked up the purse and fled down the alley. Two people attempted to intervene, and Perkins attempted to stab both of them before getting away.

     The Metropolitan Police Department canvassed the area and found Perkins with the victim’s purse in his hands.

     In a second unrelated case, Judge Broderick sentenced Perkins today to an additional 180 days in jail for a weapons offense. In that matter, in June 2012, Perkins entered a woman’s home in Southeast Washington and assaulted her.  He tried to take a cell phone from her, and during the struggle, Perkins hit her in the hand with a knife, causing a small laceration.

     In announcing today’s sentence, U.S. Attorney Machen praised the work of the Metropolitan Police Department, which investigated the case.  He also commended the efforts of Assistant U.S. Attorney John C. Truong, who conducted the sentencing hearing in the case. 

13-028

WASHINGTON - David Copeland-Jackson, 40, of Washington, D.C., was sentenced today to five years in prison on federal charges in two cases, including one in which he plotted to deceive a federal judge into awarding him a $3 million default judgment in a civil lawsuit.

      Copeland-Jackson, a convicted sex offender, was attempting to win the judgment in a defamation suit against one of his victims. The plot was unraveled and he never got the money.

      The sentence was announced by U.S. Attorney Ronald C. Machen Jr.; Debra Evans Smith, Acting Assistant Director in Charge of the FBI's Washington Field Office; Steven Anderson, Special Agent in Charge of the Mid-Atlantic Regional Office of the Office of Inspector General, U.S. Department of Education, and Gary R. Barksdale, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service.

      Copeland-Jackson pled guilty in February 2011 in the U.S. District Court for the District of Columbia to a charge of conspiracy to commit obstruction of justice and perjury for attempting to carry out the ruse. In a separate, unrelated scheme that involved $62,440 in student financial aid, Copeland-Jackson pled guilty to mail fraud.

      The Honorable Judge Richard J. Leon sentenced Copeland-Jackson in both cases. Upon completion of his prison term, Copeland-Jackson will be placed on three years of supervised release. He also was ordered to pay $62,440 in restitution and forfeiture.

      Copeland-Jackson has been detained since July 9, 2009, when he was arrested on the conspiracy charge. That matter was investigated by the FBI’s Washington Field Office.

      Peter J. Brandel Sr., 74, of Mansfield, Ohio, and Copeland-Jackson’s co-conspirator in the obstruction-of-justice scheme, also has pleaded guilty to conspiracy to commit obstruction of justice and perjury.  He is awaiting sentencing by Judge Leon.

      According to the Statement of Offense filed by the U.S. Attorney’s Office with the Court, Copeland-Jackson was convicted in Ohio in 2000 on charges of gross sexual imposition against two 14-year-olds.  After serving three years in an Ohio prison for the offense, Copeland-Jackson was paroled to his hometown, Washington, D.C., and ordered not to have any contact with the victims of his earlier crimes. 

      However, while on parole, in June 2007 Copeland-Jackson filed a $3 million defamation suit in the U.S. District Court for the District of Columbia against one of the two victims, a male identified in the Statement of Offense only as “J.C.” 

      The lawsuit was assigned to U.S. District Judge Ellen S. Huvelle.  Rather than serve J.C. with a copy of the lawsuit, as required, Copeland-Jackson filed a false affidavit with Judge Huvelle. The affidavit - signed by Brandel - claimed that J.C. had been served with the suit. Without J.C.’s knowledge, for more than a month, Copeland-Jackson then filed numerous pleadings for himself, as plaintiff, and for J.C., as defendant, in the case. 

      On Aug. 8, 2007, Judge Huvelle awarded a $3 million default judgment against J.C. to Copeland-Jackson. The judge took this action after receiving a document, purportedly from J.C., in which J.C. admitted the allegations in the lawsuit and consented to the judgment.

      Judge Huvelle was unaware that Copeland-Jackson had gone to prison in Ohio for the very acts that were the supposed subject of the defamation lawsuit. The Ashland County prosecutor in Ohio subsequently alerted the judge that Copeland-Jackson was on parole for having molested J.C. when he was a minor. At that point, Judge Huvelle immediately vacated the default judgment and set a hearing on the matter for Aug. 16, 2007.

      According to the Statement of Offense, at the hearing, Brandel testified falsely under oath that he had served a copy of the Copeland-Jackson lawsuit on J.C.

      The mail fraud scheme took place between 2005 and 2009. Copeland-Jackson fraudulently obtained $62,440 in federal student financial aid by enrolling three relatives and five former inmates in college courses at online universities and then collecting their student aid checks. That case was investigated by the Office of Inspector General, U.S. Department of Education, and the Washington Division of the U.S. Postal Inspection Service.

      Copeland-Jackson falsified certain material information about the individuals purportedly entitled to the financial aid. He falsely listed his own address as that of the phony student, thus causing the student aid checks to be mailed directly to his apartment in the District of Columbia.

      In announcing the sentence, U.S. Attorney Machen, Acting Assistant Director in Charge Smith, Special Agent in Charge Anderson and Inspector in Charge Barksdale commended the Special Agents and Postal Inspectors who investigated the cases.

      They also praised those who worked on the matters from the U.S. Attorney’s Office, including Legal Assistant Jamasee Lucas, Paralegal Specialists Diane Hayes and Tasha Harris and former Paralegal Specialist Mary Treanor. Finally, they acknowledged the work of former Assistant U.S. Attorney James A. Mitzelfeld, who investigated and obtained an indictment in the case, and Assistant U.S. Attorney Jonathan Haray, who prosecuted the case.

13-029

WASHINGTON - Patrick Henderson, 38, of Washington, D.C., was sentenced today to 14 months in prison for arranging for a sexual contact with someone he believed to be a minor, announced U.S. Attorney Ronald C. Machen Jr., Debra Evans Smith, Acting Assistant Director in Charge of the FBI's Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

      Henderson pled guilty in October 2012 in the U.S. District Court for the District of Columbia to a charge of arranging for a sexual contact with a real or fictitious child. He was sentenced by the Honorable Gladys Kessler. Following completion of his prison term, Henderson will be placed on 10 years of supervised release. He also will be required to register as a sex offender for 10 years.

      According to the government's evidence, on Nov. 21, 2011, Henderson contacted an undercover officer with the FBI's Child Exploitation Task Force, who had entered a social network site.  Over the next several days, Henderson engaged in online and telephone conversations with the undercover officer, whom he believed had access to an under-aged boy from Virginia.  During this period of time, Henderson arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the boy.

      On Nov. 30, 2011, Henderson traveled from his apartment, to a pre-arranged meeting place in Washington, D.C.  When he arrived at the meeting place, he was arrested.

      This case was brought as part of the Department of Justice’s Project Safe Childhood initiative and investigated by the FBI’s Child Exploitation Task Force, which includes members of the FBI’s Washington Field Office and MPD. 

      Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

      In announcing the sentence, U.S. Attorney Machen, Acting Assistant Director in Charge Smith and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force.  They also commended Assistant U.S. Attorney Julieanne Himelstein, who prosecuted the case.

13-030

WASHINGTON – Ronald Pretlow, 48, a former letter carrier for the U.S. Postal Service, pled guilty today to stealing mail containing checks and other items of value meant for people on his route, announced U.S. Attorney Ronald C. Machen Jr. and Paul L. Bowman, Special Agent in Charge, Capital Metro Area Field Office, U.S. Postal Service Office of Inspector General.

      Pretlow pled guilty in the U.S. District Court for the District of Columbia to one count of theft of mail by a postal employee. The Honorable Rudolph Contreras scheduled sentencing for May 3, 2013.  The charge carries a statutory maximum of five years in prison and a fine. Under federal sentencing guidelines, the parties have agreed that the applicable range would be a maximum of 16 months of incarceration and a fine of up to $30,000. As part of the plea agreement, Pretlow also must pay $1,500 in restitution to a victim in the case.

      According to a statement of offense signed by the government as well as the defendant, Pretlow began work in February 2003 as a letter carrier with the U.S. Postal Service. In 2012, he was assigned to the Lammond-Riggs Station, 6200 North Capitol Street.

      In the spring of 2012, the Postal Service received numerous complaints about missing packages and greeting cards from citizens living in zip code 20011. The U.S. Postal Service Office of Inspector General began an investigation and determined that the complaints were coming from people who resided on Pretlow’s route. Agents conducted an investigation that revealed Pretlow failed to properly handle several pieces of mail.

      Additionally, on July 26, 2012, a citizen contacted the Lammond-Riggs station and reported not having received a package containing $1,500 in cash. The citizen said that the sender had written the incorrect address on the package and used the Postal Service’s online tracking service to try to find it. The package, marked as delivered by “R. Pretlow,” has never been found. Pretlow’s restitution payment is to go to this victim.

      Pretlow was arrested when he reported to work on Sept. 13, 2012. In a search, agents recovered currency contained in a letter that he had stolen the previous day. In a search of Pretlow’s personal vehicle, agents recovered more than 10 items of undelivered mail that were neither addressed to nor from the defendant. These items included more than $10,000 in uncashed checks, none of which noted Pretlow as the sender or intended recipient.

      In announcing the plea, U.S. Attorney Machen and Special Agent in Charge Bowman commended the work of Special Agents of the Postal Service Office of Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Legal Assistant Angela Lawrence, Paralegal Specialist Lenisse Edloe, and Assistant U.S. Attorney Christopher R. Kavanaugh, who is prosecuting the matter.

13-024

WASHINGTON – Jefferson Joseph, 23, of Washington, D.C., was sentenced today to six years and one month in prison after earlier pleading guilty to charges of obstructing justice in a criminal investigation and unlawful entry, U.S. Attorney Ronald C. Machen Jr. announced.

     Joseph pled guilty in August 2012 in the Superior Court of the District of Columbia and was sentenced today by the Honorable Ronna L. Beck.

     According to the government’s evidence, Joseph obstructed justice in the investigation into the murder of Jeffrey Covington, 19, who was killed early July 2, 2011 in the 600 block of 46th Place SE.  Mr. Covington was shot once in the neck, and the entire murder was captured on video surveillance footage.  The government has charged William Faison, 23, with first-degree murder while armed and other offenses in the murder. Mr. Covington’s father, Jeffrey Blount, 42, is charged with obstructing justice, carrying a pistol without a license, and other offenses.

     On the video, several individuals can be seen in the area during a craps game.  An individual, alleged to be Faison, walked up to Mr. Covington and Blount. The man pushed Mr. Covington and Blount out of the way, pulled out a handgun, and announced a robbery.  Blount then began to flee, with the gunman in pursuit.  During the chase, Mr. Covington appeared to pull out a handgun, which was broken, and pointed it in the direction of the gunman, apparently to defend his father.  The gunman then turned toward Mr. Covington and shot and killed him.

     Joseph was among the individuals who would have been in a position to identify the gunman. Joseph can be seen walking to the craps game and backing up as the gunman approached Blount to rob him, and then watching a portion of the shooting before fleeing.

     A grand jury investigation commenced shortly after the homicide.  Joseph was subpoenaed, and eventually testified twice.  In his plea, Joseph acknowledged that he had made numerous false statements to the grand jury in an effort to obstruct the investigation into the murder, including conflicting statements about his sobriety that evening, denying his knowledge of other individuals present for the murder, and conflicting accounts about the nature of his relationship with Faison. He also denied remembering what happened on the night of the murder. 

     The unlawful entry charge stems from a previously issued Court order that barred Joseph from the area where the murder took place.

     Faison and Blount are scheduled to stand trial in July 2013, and both men have pled not guilty to the charges.

     In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department’s Violent Crimes Branch. He also praised the work of Paralegal Specialist Fern Rhedrick and thanked Assistant U.S. Attorneys Melinda Williams and Jeff Pearlman, who have been investigating the case.

13-027

WASHINGTON - Roderick Hill, also known as Rodrick Delvon Hill, 22, of Washington, D.C., was sentenced today to 18 months in prison for assaulting another man last year inside the L’Enfant Plaza Metro station, announced U.S. Attorney Ronald C. Machen Jr. 

     Hill pled guilty in September 2012 in the Superior Court of the District of Columbia to a charge of assault with significant bodily injury.  He was sentenced by the Honorable Heidi M. Pasichow. Following his prison term, Hill will be placed on three years of supervised release.

     This was the second sentencing for Hill this week. On Jan. 23, 2013, he was sentenced in the U.S. District Court for the District of Columbia to a 20-month prison term for assaulting a Deputy United States Marshal. Hill struck the deputy marshal with a closed fist numerous times in the face and head area while he was in Superior Court for a hearing in June 2012 in the case involving the assault at the Metro station.

     The attack at the L’Enfant Plaza Metro station took place at about 9:10 p.m. on June 3, 2012. Hill struck a man with a closed fist. The blow was with such force that it caused the victim to fall from the platform onto the train track, causing him to lose consciousness momentarily.   Other bystanders helped the victim get back onto the platform.  Hill left the scene, but the police canvassed the area and later found him inside the Minnesota Avenue Metro station.  The victim was transported to the hospital that evening for immediate medical care.  As a result of the assault, the victim suffered a broken jaw and had to wear a wire for four weeks. 

     Judge Pasichow ordered that Hill’s sentence be run consecutively to the sentence in the federal court matter, meaning that Hill now faces a total of 38 months of incarceration.

     In announcing today’s sentence, U.S. Attorney Machen praised the work of the Metro Transit Department, which investigated the case. He also commended the efforts of Assistant U.S. Attorneys Emory V. Cole and John C. Truong, who investigated and prosecuted the case.

13-025

WASHINGTON -- Benjamin Grey, 32, of Washington, D.C., was indicted today on federal charges in connection with a scheme in which he posed as a car dealer to defraud individuals and banks of more than $185,000, announced U.S. Attorney Ronald C. Machen Jr., David Beach, Special Agent in Charge of the Washington Field Office of the U.S. Secret Service, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

      Grey was indicted by a grand jury in the U.S. District Court for the District of Columbia. The 23-count indictment includes charges of bank fraud, wire fraud and other offenses. It also includes a forfeiture allegation seeking all proceeds that can be traced to the scheme. Grey has been in custody since his arrest on Aug. 22, 2012.

      According to the indictment, Grey claimed that he ran car dealerships named Planet Cars and GreyMaxx.  Grey persuaded various individuals to apply for car loans purporting to buy luxury cars, such as BMWs, from him and Planet Cars.  After the bank or credit union issued a loan and check to buy the car, Grey took the money but never produced the promised car, and avoided contact with the victim. The indictment alleges Grey never owned the cars in question.

      The indictment alleges that on five separate occasions in 2009, including four times in October 2009, Grey fraudulently obtained auto loan checks in this way.  Each loan was between $29,000 and $35,000.  The victimized banks included BB&T and Navy Federal Credit Union. All told, these loans were worth more than $160,000.  

     In addition, according to the indictment, Grey executed other similar confidence schemes.  For example, in April 2010, Grey – holding himself out as the owner of Planet Cars – obtained a car from a legitimate car dealership in Bethesda, Md., using a worthless check drawn on a Planet Cars bank account that had been closed for a year.  Further, the indictment alleges that in 2010, Grey defrauded a would-be business partner out of at least $26,000 by pretending that the money would finance their purchase and re-sale of luxury cars.  Finally, the indictment alleges that in 2012 Grey sought a payment of thousands of dollars to obtain a Range Rover for an undercover Special Agent with the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives - but, again, Grey had no intention of providing the car.

      An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty. 

      In announcing the charges, U.S. Attorney Machen, Special Agent in Charge Beach and Chief Lanier commended the efforts of those who worked on the case from the U.S. Secret Service and MPD, as well as those who provided assistance from the Bureau of Alcohol Tobacco, Firearms and Explosives. They also commended the work of Assistant U.S. Attorneys Jonathan Hooks and Christopher R. Kavanaugh, who are prosecuting the case.

13-026

WASHINGTON – Robert Reese, 44, of Oxon Hill, Md., has been sentenced to a 4 ½year prison term for robbery and credit card fraud, U.S. Attorney Ronald C. Machen Jr. announced today.

     Reese was found guilty by a jury in August 2012, following a trial in the Superior Court of the District of Columbia, on charges of robbery, theft, and credit card fraud.  He was sentenced on Jan. 11, 2013, by the Honorable Michael Ryan.  Upon completion of his prison term, Reese will be placed on three years of supervised release.

The government’s evidence at trial established that Reese entered the Sweet Green Restaurant, in the 200 block of Pennsylvania Avenue SE, on Capitol Hill, at about 6:45 p.m. March 7, 2012, intending to rob an unsuspecting customer.   Reese sat directly behind the victim and robbed her of her credit cards without her knowledge.  Reese then proceeded directly to Maryland, where, within an hour of the robbery, he charged over $1,500 worth of items on the victim’s credit cards at a Home Depot store and a Target store. 

     When Reese committed this crime, he was on parole for an almost-identical crime out of Maryland, in which he robbed a woman of her credit cards and within hours had charged her cards for over a thousand dollars.  At Reese’s sentencing, Judge Ryan noted the defendant’s criminal history and the ordeal for the victim, who had to straighten out the credit card issues.

     In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department, which investigated the case. He also acknowledged those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tameka Garcia and Litigation Technology Specialists Leif Hickling and Josh Ellen. Finally, he praised the work of Assistant U.S. Attorney Kathleen Connolly, who indicted and tried the case. 

13-023

WASHINGTON – Deairich R. Hunter, 47, an attorney from Washington, D.C., pled guilty today to a federal charge stemming from his theft of $109,830 in payments from insurance companies that were intended to settle some of his clients’ disability and personal injury claims.

      The plea took place in the U.S. District Court for the District of Columbia and was announced by U.S. Attorney Ronald C. Machen Jr., Debra Evans Smith, Acting Assistant Director in Charge of the FBI’s Washington Field Office, and William P. White, Commissioner of the District of Columbia Department of Insurance, Securities, and Banking.

      Hunter pled guilty to a charge of theft or embezzlement in connection with health care. He is to be sentenced April 26, 2013 by the Honorable Beryl A. Howell. The charge carries a maximum statutory sentence of 10 years in prison and a fine of up to $250,000. As part of his plea agreement, Hunter agreed to pay $109,830 in restitution to his clients and a medical provider whose bills were to be paid out of the settlement funds.

      According to a statement of offense, signed by the defendant as well as the government, from August 1998 until April 2009, Hunter was a member of the Bar of the District of Columbia Court of Appeals and practiced law in the District of Columbia.  Also during that time period, he was a member of the bar of the state of Maryland. 

      Between 2003 and 2009, Hunter was retained by various individuals in disability and personal injury claim disputes.  Those clients generally agreed that Hunter was entitled to one-third of any recoveries regarding their settled claims. Hunter generally agreed to notify these clients of any offers of settlement and to inform clients of significant developments, among other things.  In some cases, he agreed to pay his clients’ health care expenses directly from the proceeds of the recovery in their cases.  However, on a number of occasions, Hunter settled such claims without notifying his clients and without authority to do so and then the defendant stole the settlement proceeds, resulting in a total loss amount from this scheme of $109,830.

      In announcing the plea, U.S. Attorney Machen, Acting Assistant Director in Charge Smith, and Commissioner White commended the efforts of those who investigated the case from the FBI’s Washington Field Office and the District of Columbia Department of Insurance, Securities and Banking. They also praised those who worked on the case from the U.S. Attorney’s Office, including Legal Assistant Donna Galindo, former Assistant U.S. Attorney Courtney G. Saleski, and Assistant U.S. Attorney Matt Graves, who is prosecuting the matter.

13-022

WASHINGTON - Lewis Jackson, 36, of Atlanta, Ga., who formerly did contract work as a medical doctor at the District of Columbia Jail, has pled guilty to a felony charge stemming from a sexual assault of an inmate, U.S. Attorney Ronald C. Machen Jr. announced today.

      Jackson, formerly of Washington, D.C., pled guilty on Jan. 22, 2013 in the Superior Court of the District of Columbia to one count of second-degree sexual abuse. He will be sentenced later this year by the Honorable Herbert B. Dixon, Jr.  Jackson faces a statutory maximum of 20 years in prison.

      According to the government’s factual proffer at the plea hearing, on Nov. 10, 2008, Jackson was working at the D.C. Jail as a medical doctor.  The victim, then an inmate at the jail, was sexually assaulted by Jackson when he went to him for medical care.  The victim immediately reported the matter to authorities at the D.C. Jail.

      The government secured Jackson’s indictment last year after developing DNA evidence.  Within weeks of Jackson’s indictment in the District of Columbia, he was indicted for similar crimes in federal court in Atlanta. In that case, Jackson pled guilty in November 2012 to federal charges stemming from the sexual abuse of three inmates at a federal penitentiary where Jackson had worked as a doctor. Jackson, who worked at the federal penitentiary from January 2011 through July 2012, admitted that he sexually abused the three inmates in October 2011. He is to be sentenced in Atlanta on Feb. 7, 2013.  His sentencing in the District of Columbia will be scheduled after those proceedings.

      In announcing the plea, U.S. Attorney Machen praised the work of members of the Metropolitan Police Department’s Sexual Assault Unit. He also acknowledged the efforts of Paralegal Specialist Jason Manuel and Victim Advocate Tracy Hawkins. Finally, he commended the work of former Assistant U.S. Attorney Stephanie Brooker, and Assistant U.S. Attorneys Sharon Donovan and Peter V. Taylor, who investigated and prosecuted this case. 

13-019

WASHINGTON - Pamela Taylor, 23, of Washington, D.C., pled guilty today to a felony charge stemming from a sexual assault of a 14-year-old girl on a Metrobus in Southeast Washington, U.S. Attorney Ronald Machen Jr. announced.

     Taylor pled guilty in the Superior Court of the District of Columbia to one count each of second-degree child sexual abuse and threats, in an Alford plea. Under such a plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction. Taylor is to be sentenced on March 26, 2013 by the Honorable Herbert B. Dixon, Jr.  She faces a statutory maximum of 10 ½ years in prison.

     According to the government’s evidence, on the morning of Dec. 10, 2011, Taylor first encountered the victim on a Metro train at the L’Enfant Plaza Metro station. Taylor approached the girl on the train and mentioned members of the victim’s family, leading the girl to believe that Taylor knew the family. At one point, Taylor tricked the girl into providing her cellphone number. At the Anacostia Metro station, Taylor followed the victim onto a Metrobus. During the bus ride, Taylor sat next to the girl and touched the girl inappropriately. The girl had to force her way past Taylor to get off the bus.  The following day, Taylor called the teenager, threatening to assault her if she stepped outside of her home.

     In announcing today’s plea, U.S. Attorney Machen praised the work of the Metro Transit Police Department, which investigated the case. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Jason Manuel and Victim Advocate Melissa Milam. Finally, he commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case. 

13-021

WASHINGTON – Roderick Hill, also known as Rodrick Delvon Hill, 22, of Washington, D.C., was sentenced today to 20 months in prison for assaulting a Deputy United States Marshal, announced U.S. Attorney Ronald C. Machen Jr. and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.

     Hill pled guilty in October 2012 to a charge of assaulting a federal marshal. He was sentenced by the Honorable Robert L. Wilkins in the U.S. District Court for the District of Columbia. Upon completion of his sentence, Hill will be placed on three years of supervised release.

     According to the government’s evidence, on June 21, 2012, Hill was at the Superior Court of the District of Columbia, in Courtroom 301 for a scheduled preliminary hearing in a criminal case that charged him with assault with significant bodily injury. Taped on the exterior side of the double-door of Courtroom 301 were signs that prohibited the use of electronic devices, with few exceptions, for those who are waiting in the gallery of the courtroom.

     While working in his official capacity and while court was in session, a deputy marshal observed Hill playing in the courtroom with a black iPhone.  Hill was holding the phone at eye level, and he was using both hands to play a game on it. The deputy marshal approached Hill and told him to put the phone away. Hill complied and placed the phone in his right pants pocket.

     Moments later, Hill again was observed playing a game on his phone while still seated in the courtroom.  As the deputy marshal approached Hill for the second time, they made eye contact, and Hill placed the phone in his pants pocket.  At that time, the deputy marshal reported this phone situation to the courtroom deputy.

     When the deputy marshal looked around again, Hill was playing with the phone for the third time.  At this point, the deputy marshal attempted to confiscate the phone. Hill refused to hand it over, and he struck the deputy marshal with a closed fist numerous times in the face and head area.  This assault caused lacerations and extensive bleeding to the deputy marshal’s face and eye area.  Consequently, the deputy marshal was rushed to the hospital for medical treatment to close the laceration to his left eye and to attend to his other injuries. 

     Hill subsequently pled guilty to assault with significant bodily injury in the earlier case that was filed against him in the Superior Court of the District of Columbia. In that matter, Hill was charged with assaulting a man on June 3, 2012, at a Metro station. He is to be sentenced in that case on Jan. 25, 2013. During today’s proceedings, Judge Wilkins ordered that the federal sentence run consecutively to the sentence in the Superior Court matter.

     In announcing today’s sentence, U.S. Attorney Machen and U.S. Marshal Hughes commended the actions of the Deputy U.S. Marshals who were in the courtroom that day. U.S. Attorney Machen and Marshal Hughes also praised the efforts of Assistant U.S. Attorneys Emory V. Cole and John C. Truong, who investigated and prosecuted the case.

13-020

WASHINGTON – Donato Richardson, 34, of Roanoke, Va., has pled guilty to physically and sexually assaulting a child on a Greyhound bus and to assaulting a police officer in an unrelated incident on the same day, U.S. Attorney Ronald C. Machen Jr. announced today.

     Richardson pled guilty on Jan. 14, 2013 in the Superior Court of the District of Columbia to one count each of attempted second-degree child sexual abuse, attempted second-degree cruelty to children, and assault on a police officer.  He is to be sentenced by the Honorable Russell F. Canan on March 20, 2013.  Richardson faces up to five years in prison for attempted second-degree sexual abuse and up to 180 days of incarceration for each of the other charges. Following his prison term, Richardson will be required to register as a sex offender for 10 years.

     At the plea hearing, Richardson admitted that on Sept. 19, 2012, he boarded a Greyhound bus at the Washington D.C. terminal in Northeast Washington. The bus was en route to Richmond, Va.  The victim, a 10-year-old boy, was already on the bus and sitting by himself in a window seat behind the bus driver. The child’s mother was sitting two rows behind him on the other side of the aisle.  The bus left the terminal about 2 a.m., and shortly afterward Richardson leaned over the boy and asked who was watching him.  Richardson then unzipped the child’s pants and sexually assaulted him.  The boy pushed Richardson’s hand away and told him to stop. Richardson then grabbed the boy's sweatshirt collar and neck. The boy attempted to resist and waved his hands to attract attention. 

     Other passengers and the bus driver noticed the commotion.  The bus driver began to slow down and pull to the shoulder of the road on the 14th Street Bridge.  Richardson then opened the emergency exit window, jumped out, and ran away from the bus as the startled passengers and bus driver watched.  The bus driver called 911.  Law enforcement officers, including Arlington County, Va., Police and the U.S. Park Police, responded and canvassed for the suspect based on the description provided by the witnesses, but were unable to locate him.

     The defendant’s identity was developed by the Metropolitan Police Department (MPD) through the subsequent investigation, and an arrest warrant was issued for Richardson.

     In an unrelated incident, at about 5:20 p.m. on Sept. 19, Richardson was observed in the area between 9th and 10th Streets and Pennsylvania Avenue NW, in front of the Robert F. Kennedy Justice Building, making lunging and swiping motions at pedestrians and pulling on doors of vehicles in the street.  Security officers for the Department of Justice were notified and approached Richardson to investigate this behavior. 

     When approached by the security officers, Richardson ran, jumped on the roof of a vehicle on Pennsylvania Avenue, and landed on the other side.  Richardson was ultimately stopped by security officers in the area of 11th Street and Pennsylvania Avenue NW.  When the officers attempted to restrain him, Richardson assaulted the officers, including a Special Deputy U.S. Marshal. Richardson was placed under arrest for this assault. 

     In announcing the plea, U.S. Attorney Machen acknowledged the work of the MPD’s Youth Investigations Division and the other agencies that investigated the case. He also praised the work of Victim-Witness Advocate Lezlie Richardson, Victim-Witness Specialist Katina Adams-Washington, William Hamann of the Criminal Investigations Unit, Paralegal Specialist Jason Manuel and Legal Assistant Tanisha Nelson.  Finally, U.S. Attorney Machen commended Assistant U.S. Attorney Amy H. Zubrensky, who investigated and prosecuted the case.

13-018

WASHINGTON– Dominique Bassil, 26, of Washington, D.C., was sentenced today to 17 years of incarceration on a charge of second-degree murder while armed in the stabbing and killing of her boyfriend, U.S. Attorney Ronald C. Machen Jr. announced.

     Bassil was found guilty of the charge in November 2012 by a jury in the Superior Court of the District of Columbia. She was sentenced by the Honorable Robert E. Morin. Upon completion of her prison term, Bassil will be placed on five years of supervised release.

     According to evidence at trial, on Aug. 12, 2011, Bassil and her boyfriend, Vance Harris II, 28, attended an evening wedding and reception in Mitchellville, Md.  During the evening, Bassil complained that Mr. Harris, a member of the wedding party, was not spending enough time with her.  At the end of the reception, a witness observed Bassil berate Mr. Harris and push him in his face as he talked to others.  Another witness observed Bassil strike Mr. Harris as the witness suggested to him that he get a hotel room instead of going home with the defendant. 

     After Bassil and Mr. Harris left the reception, police officers in Capitol Heights, Md. encountered them on the side of a road.  Bassil complained that she was tired of arguing, fussing, and fighting with Mr. Harris.  Police observed that Mr. Harris’s tuxedo had been torn. Bassil, however, had no injuries and her clothes were intact.  Police permitted the two to travel home after neither complained of an assault.

     On Aug. 13, 2011, just before 2:30 a.m., Bassil and Mr. Harris returned to Bassil’s apartment in the 3900 block of 13th Street SE.  About 20 minutes later, surveillance footage depicted Bassil exiting her building wearing only a pink night cap and panties while armed with a knife.  The footage also captured her disposing of the knife in a trash can before going to the security guard booth to report that she stabbed her boyfriend because he was beating her.

     Seconds after Bassil had exited the building, surveillance footage captured Mr. Harris briefly exiting the front door of the building holding a stab wound to his arm that was dripping blood.  Mr. Harris returned to the apartment on the third floor of the building, only to discover that he was locked out.  After knocking on a neighbor’s door for help, Mr. Harris fell unconscious in the hallway, where he eventually died from his injuries.  A medical examiner found that Mr. Harris had a stab wound to the abdomen that penetrated the liver and two stab wounds to the right arm that partially severed an artery. 

     Upon the defendant’s arrest, in a statement to police, she alleged that Mr. Harris had pulled her hair, pushed her to the ground, and dragged her.  The police investigation revealed that Bassil had no visible injuries, although she complained of back pain.  According to medical personnel, no tenderness was found in the area where she complained of pain.  

     In announcing the sentence, U.S. Attorney Machen praised the work of the detectives, officers and others who investigated the case for the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Investigator Nelson Rhone, Jr.; Litigation Technology Specialists Anisha Bhatia, Joshua Ellen, William Henderson, Paul Howell, and Kimberly Smith; Victim Witness Advocate Marcia Rinker, Victim Witness Specialist David Foster, Paralegal Specialists Kelly Blakeney and Kwasi Fields; Intern Jason Amirhadji, and Assistant U.S. Attorneys Charles Cobb, who investigated the case, and Michelle D. Jackson, who prosecuted the case.

13-015

WASHINGTON – Darius Smith, 21, of Washington, D.C., was sentenced today to 19 years in prison for sexually assaulting a woman during a burglary at a store in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

      Smith pled guilty in October 2012, in the Superior Court of the District of Columbia, to one count of first-degree sexual abuse.  He was sentenced by the Honorable Robert E. Morin. Following his prison term, Smith will be placed on five years of supervised release and he will be required to register as a sex offender for the remainder of his life.

      During the plea proceedings, Smith admitted that late in the evening on Oct. 8, 2010, he and three other people broke into a variety store in the 1300 block of Kenilworth Avenue NE. The victim, an employee who had just finished taking inventory, was still inside the closed store.  The assailants demanded money and threatened the victim. After they had looted the store, all four left.  Smith, however, returned within minutes and sexually assaulted the victim.

      The victim was rushed to Washington Hospital Center, and a sexual assault examination was conducted.  Swabs taken from the victim during the examination were sent to the Metropolitan Police Department (MPD) Crime Laboratory for DNA testing. A male DNA profile found on the swabs was entered into the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool.  Smith was identified as a suspect through a CODIS search and DNA “cold hit.”  His DNA profile had been loaded into the CODIS database following his 2010 conviction for attempted second-degree burglary, also committed in Northeast Washington.

      In announcing the sentence, U.S. Attorney Machen acknowledged the work of the MPD, especially the detective who led the investigation of the case.  U.S. Attorney Machen also praised the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegal Specialists D’Yvonne Key and Jason Manuel and Legal Assistant Tanisha Nelson.  Finally, he commended the work of Assistant U.S. Attorneys Heide L. Herrmann and Amy H. Zubrensky, who investigated and prosecuted the case.

13-016

WASHINGTON – Ellsworth Colbert, 57, was found guilty by a jury today of manslaughter while armed and other charges stemming from a slaying in Southeast Washington during an argument over the victim’s dog, U.S. Attorney Ronald C. Machen Jr. announced.

     Colbert, of Washington, D.C., also was found guilty of assault with a dangerous weapon and carrying a dangerous weapon. The verdict followed a trial in the Superior Court of the District of Columbia.  The Honorable Herbert B. Dixon, Jr. scheduled sentencing for March 19, 2013.  Colbert faces a maximum sentence of 45 years for the crimes.

     According to the evidence at trial, Colbert and the victim, Robert L. Wright, 37, became embroiled in an argument on the morning of March 4, 2012, in front of Colbert’s house in the 3500 block of Pope Street SE, in the Penn-Branch neighborhood. The trouble began after Mr. Wright and a friend walked their dog on Colbert’s property.  Colbert became enraged and brandished a knife and a walking stick.

     The altercation moved up the street to the house where the dog was kept, located in the 3600 block of Highwood Drive.  During the course of the argument, Colbert lunged at Mr. Wright and cut him in the neck with his knife.  Mr. Wright then retrieved a nearby shovel, and the two continued their altercation in the middle of the street.  During the course of the fracas, Colbert tackled Mr. Wright to the pavement, causing him to lose possession of the shovel.  Colbert then stabbed Mr. Wright in the back, chest and abdomen resulting in his death. 

     In announcing today’s verdict, U.S. Attorney Machen commended those who worked on the case for the Metropolitan Police Department (MPD), including detectives, mobile crime technicians, and others.  He acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegal Specialists Fern Rhedrick, San Lane, Phil Aronson, Kwasi Fields and Sharon Newman, Litigation Support Services Specialists Ron Royal and Josh Ellen, and Victim Advocate Tamara Ince.

     Finally, U.S. Attorney Machen commended the work of Assistant U.S. Attorneys Robert J. Feitel and Edward A. O’Connell, who prosecuted the case at trial.

13-017

WASHINGTON - Tonio Calhoun, 31, of Bowie, Md., was sentenced today to 100 months in prison for distribution of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Debra Evans Smith, Acting Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Calhoun pled guilty to the charge in October 2012 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable John D. Bates. Upon completion of his prison term, Calhoun will be placed on 10 years of supervised release. He also must register as a sex offender for 25 years.

     According to the government’s evidence, in April 2012 an undercover officer with the FBI's Child Exploitation Task Force entered a social network site. Between April 30, 2012, and June 13, 2012, the undercover officer and defendant communicated by e-mail and text message. During this time, Calhoun sent the officer two images of child pornography and expressed interest in getting together for the purpose of photographing young girls in public. On June 13, 2012, Calhoun traveled to a previously arranged meeting place where he was arrested.

     Following the arrest, law enforcement reviewed the defendant’s cellphone, laptop computer and mail accounts and identified more than 80 videos of child pornography and more than 300 other images of child pornography.

     This case was investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. 

     This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD.  Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute those who exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

     In announcing the sentence, U.S. Attorney Machen, Acting Assistant Director in Charge Smith and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force.  They also commended the efforts of Assistant U.S. Attorney Julieanne Himelstein, who provided assistance in the case, and Assistant U.S. Attorneys Cassidy Kesler Pinegar and Amy Zubrensky, who prosecuted the matter.

13-014

WASHINGTON – LeRoy Brown, a former personal banker from Washington, D.C., was sentenced today to six months in prison, to be followed by six months of home detention, for his role in an identity theft scheme involving $121,400 in forged checks, U.S. Attorney Ronald C. Machen Jr. announced.

     Brown, 32, pled guilty in October 2012 in the U.S. District Court for the District of Columbia to a charge of conspiracy to commit bank fraud. He was sentenced by the Honorable John D. Bates. As part of his plea agreement, Brown agreed to pay $72,800 in restitution to Wells Fargo Bank, covering the bank’s losses. Upon completion of his prison sentence, Brown will be placed on three years of supervised release.

     According to a statement of offense, signed by the defendant as well as the government, Brown and others participated in the scheme from November 2009 until January 2010, conspiring to steal funds from the accounts of customers of Wachovia Bank, now operating as Wells Fargo Bank. Brown began participating in the scheme after he was approached by another person at the bank branch where he worked, in the 1900 block of Seventh Street NW.

     The person offered to pay Brown for providing the type of customer information that would be needed to fraudulently obtain funds from customer accounts with balances of at least $15,000. Brown subsequently obtained this information concerning the accounts of seven customers, including their dates of births, addresses, telephone numbers and Social Security numbers. Brown turned over the information and received $2,000 in cash.

     Various members of the conspiracy obtained $72,800 and attempted to obtain another $48,600 by forging checks drawn on five of the accounts targeted by Brown. When he was confronted by bank investigators in January 2010, and later when he was arrested in February 2010, Brown admitted that he had illegally accessed the accounts of bank customers, and had provided personal and account information in exchange for money.

     In announcing the sentence, U.S. Attorney Machen commended the efforts of those who investigated the case from the Metropolitan Police Department. He also praised those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Diane Hayes and Lenisse Edloe, and Assistant U.S. Attorney Daniel Friedman, who investigated the matter. Finally, he thanked Assistant U.S. Attorney Matt Graves, who prosecuted the case.

13-013

WASHINGTON - Leon Obame, 45, of Raleigh, N.C., was sentenced today to 21 months in prison for assaulting the ambassador of Gabon during a demonstration in December 2011 at the Gabonese Embassy, U.S. Attorney Ronald C. Machen Jr. announced.

      Obame was found guilty by a jury in October 2012 of one count of assaulting a foreign official. The verdict followed a trial in the U.S District Court for the District of Columbia. He was sentenced by the Honorable Senior Judge Gladys Kessler.

      In addition to the assault charge, Obame was charged with arson and damage to property occupied by a foreign government for a pair of fires in 2009 at the embassy. The jury was unable to reach a verdict on those charges, and the government has dismissed those counts.

      The assault took place on Dec. 9, 2011 at the embassy’s temporary location, in the 1600 block of Connecticut Avenue NW. That morning, according to the government’s evidence, Obame punched the ambassador, knocking him to the ground.

      Obame had been in custody since his arrest at the demonstration at the Gabonese Embassy, but he was released after the jury verdict last fall. He is to receive credit for the time that he already has served and now must report back to serve the rest of the 21 months. Following completion of his prison term, he will be placed on a year of supervised release.

      In announcing the sentence, U.S. Attorney Machen commended the efforts of those who investigated the case from the District of Columbia Fire and Emergency Medical Services Department, the Washington Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, and the Diplomatic Security Service.  He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Selena Zuhoski, Devron Elliott, and Elizabeth Barns, Legal Assistant Donice Adams, and Litigation Technology Specialist Thomas Royal. Finally, he thanked Assistant U.S. Attorneys Frederick W. Yette and T. Patrick Martin, who prosecuted the case.

13-012

WASHINGTON – Uche Ben Odunzeh, 32, of Laurel, Md., was sentenced today to 19 months in prison on a federal charge stemming from the submission of more than $600,000 in false health care claims, announced U.S. Attorney Ronald C. Machen Jr.

     Joining in the announcement were Debra Evans Smith, Acting Assistant Director in Charge of the FBI’s Washington Field Office, Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS - OIG) for the region including the District of Columbia, and Charles J. Willoughby, District of Columbia Inspector General.

     Odunzeh pled guilty in October 2012 in the U.S. District Court for the District of Columbia to one count of conspiracy to commit health care fraud.  As part of his plea agreement, Odunzeh agreed to pay $277,383 in restitution to the District of Columbia. He also agreed to entry of a consent order of forfeiture requiring him to forfeit the proceeds of the fraud. He was sentenced by the Honorable Ellen S. Huvelle.

     According to a statement of offense signed by the defendant as well as the government, Odunzeh is a Nigerian national whose visa expired in 2004.  He was the sole owner of Emerald Medical Services, LLC, based in the District of Columbia.  Emerald Medical sold durable medical equipment, or DME, such as power wheelchairs and adult incontinence supplies.

     From on or about Jan. 8, 2008, through on or about March 18, 2011, Emerald Medical submitted 100 claims to the District of Columbia’s Medicaid program for power wheelchairs, totaling $591,653.  The D.C. Medicaid program paid Emerald approximately $480,272 for those claims.  All of those claims were for the most expensive power wheelchair, referred to by its procedural billing code of K0011.  In fact, however, Emerald Medical provided only more basic, less expensive wheelchairs.  The D.C. Medicaid program paid Emerald Medical approximately $6,157 per K0011 chair – nearly twice as much as it would have paid for the less sophisticated chairs that Emerald Medical actually provided.  Odunzeh admitted that the program paid Emerald Medical at least $232,470 more than what the company might otherwise have been entitled to receive.

     During the same period, Emerald Medical also submitted numerous claims to the D.C. Medicaid program for DME items that it never provided to Medicaid recipients.  For example, the D.C. Medicaid program paid Emerald Medical about $44,913 for adult incontinence supplies such as diapers, disposable underpads and gloves that were never actually provided.

     Acting on an anonymous tip that he was leaving the country, federal agents arrested Odunzeh in July 2012 at Baltimore/Washington International Thurgood Marshall Airport.  A separate indictment was handed up and an arrest warrant has been issued for Odunzeh’s alleged co-conspirator, Patricia Mubanga Chisanga, who is believed to have fled to Zambia, Africa.

     In announcing the sentence, U.S. Attorney Machen, Acting Assistant Director in Charge Smith, Special Agent in Charge DiGiulio, and Inspector General Willoughby commended the efforts of those who investigated the case from the FBI’s Washington Field Office, HHS-OIG, and the Medicaid Fraud Control Unit, D.C. Office of the Inspector General. They also acknowledged the efforts of Special Assistant U.S. Attorney Stuart Silverman, of the Medicaid Fraud Control Unit, as well as the U.S. Marshal’s Service.

     Finally, they commended those who worked on the case from the U.S. Attorney’s Office, including Financial Analyst Bryan J. Snitselaar; Legal Assistant Nicole Wattelet; Assistant U.S. Attorney Zia M. Faruqui and former Assistant U.S. Attorney Emily Scruggs, who handled the asset forfeiture portion of the case; Assistant U.S. Attorney Lionel Andre, and Assistant U.S. Attorney Ted L. Radway, who is prosecuting the matter.

13-011

WASHINGTON – Timothy W. Cannon, 63,  the former director of human resources at the Federal Emergency Management Agency (FEMA), pleaded guilty today to a charge of conflict of interest for negotiating employment with a polling and consulting services company that had a multimillion-dollar contract with FEMA, supervised by Cannon. 

     The plea occurred before the Honorable Amy Berman Jackson, of the U.S. District Court for the District of Columbia.  Sentencing is scheduled for April 9, 2013. The charge carries a statutory maximum of five years in prison.

     The guilty plea was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Assistant Attorney General Lanny A. Breuer of the U.S. Department of Justice’s Criminal Division; Debra Evans Smith, Acting Assistant Director in Charge of the FBI’s Washington Field Office; Christopher Cherry, Special Agent in Charge of the General Services Administration Office of Inspector General for the National Capital Region, and Mike Dawson, Special Agent in Charge of the U.S. Department of Homeland Security Office of Inspector General’s Washington Field Office.

     According to the government’s evidence, from July 2007 through February 2009, Cannon was the director of FEMA’s Human Capital Division. In 2007, Cannon had discussions with a firm, identified in court papers as “Company A,” about FEMA hiring the firm to provide consulting services on human resources matters at FEMA. The work would be done through a project that would eventually be called the “BEST Workforce Initiative.” 

     In March 2008, the Chief Executive Officer of Company A emailed another Company A employee, stating Cannon “said he has done everything to get a job at [Company A] because he believes so much in our products . . . said he wants to do a real good job at FEMA and that mabye [sic] he would try again . . . .”  On April 22, 2008, Company A’s CEO emailed another Company A employee that “. . . [I]f [CANNON] gets us a big deal at FEMA . . . i [sic] think we should hire him . . . because he will be a ‘client’ hire . . . which might be good[.]”  Later in the same email chain, Company A’s CEO asked, “[I]s the ink dry yet on our deal with fema [sic] [?]”  The Company A employee replied, “[N]o might be mid-May.”  Company A’s CEO then stated, “[W]e should wait of course to see if we win a big quality deal here[.]”

     On Aug. 12, 2008, Company A was hired to administer the BEST Workforce Initiative at FEMA.  The contract was valued at approximately $6 million over five years.

     On Nov. 18, 2008, a Company A employee advised Company A’s CEO in an email, “I talked to Tim today.  He asked for a job.”  Company A’s CEO then stated, “What about ethics . . . are we okay with all of that . . . he is a significant client . . . am sure you know the rules . . . gee he seems like a winner to me . . . I don't think these guys are as expensive as one might think . . . and he has a military background[.]”

     In December 2008 and January 2009, Cannon requested additional funding for the BEST Workforce Initiative.  On Jan. 6, 2009, in an email to a Company A employee, Cannon stated, “. . . [A]h yes, I got another 500k put on the contract.  Cool huh?”

     On Jan. 12, 2009, Cannon had an employment interview with Company A in Washington, D.C.  On Feb. 9, 2009, Company A sent an employment offer letter by email to Cannon. The letter offered Cannon “the opportunity to join [Company A] as a Partner with our Government Division in Washington, D.C.[,]” and guaranteed him a minimum annual salary of $175,000 for the first two years of employment.  Cannon responded to the email the same day, stating, “I am very excited about joining [Company A] and I look forward to working with you . . . .”  Following Cannon’s acceptance of Company A’s employment offer, Cannon continued to oversee and work on the BEST Workforce Initiative at FEMA.

     Cannon retired from FEMA effective on Feb. 27, 2009.  On his Public Financial Disclosure Report, known as a Form SF-278, Cannon indicated that he did not have any agreements or arrangements for “future employment” and he specifically did not list his future employment with Company A.  On Feb. 27, 2009, Cannon requested that Company A provide him with an offer letter dated after Feb. 27, 2009, so that it would falsely appear that Cannon received Company A’s employment offer after he had resigned from FEMA.  On March 2, 2009, Company A sent an updated version of the offer letter, with the new date of March 2, 2009, to Cannon.  Cannon signed this updated version of the offer letter on March 3, 2009, and returned it to Company A.

     In March 2009, a Company A employee voiced concerns internally about Cannon’s hiring.  In addition, on March 25, 2009, a Company A employee stated in an email to another Company A employee, “Well, I just got a call from and am getting more red flags about Tim Cannon.  Apparently, word is getting around about his departure and joining [Company A].  There is speculation among is [sic] co-workers that this is improper.  They are pretty mad.  This may get in the way of future business with FEMA.  . . .  This, plus the bankruptcy, plus appearance of ethics violations, both on [Company A] and FEMA side.  This is not good.  . . .  I think we are getting too many sign[s], and I do not think this will work.”  On March 26, 2009, Company A informed Cannon that Company A’s offer of employment was being withdrawn.  Company A told Cannon that he did not meet the background check requirements.

     Later, on Sept. 17, 2009, Cannon sent an email to Company A’s CEO advising that Cannon had joined a consulting firm and asking to have lunch.  Company A’s CEO forwarded that email to other Company A employees stating, “This is a guy that was our sponsor at FEMA . . . he is so [Company A] gung ho . . . when he was applying we broke some of the rules of the US Gov on the 'how' we do it . . . so we had to let him go . . . .”

     In announcing the guilty plea, U.S. Attorney Machen, Assistant Attorney General Breuer, Acting Assistant Director in Charge Smith, Special Agent in Charge Cherry, and Special Agent in Charge Dawson commended the outstanding investigative work of agents of the FBI’s Washington Field Office, Assistant Special Agent in Charge Floyd Martinez of the GSA OIG, and agents of the DHS OIG, as well as agents and auditors of other federal investigative agencies that assisted with this case. They also praised the efforts of members of the U.S. Attorney’s Office and the Criminal Division Fraud Section, including Paralegal Specialists Diane Hayes and Nicole Wattelet; Legal Assistant Jamasee Lucas; Information Technology Specialist Joshua Ellen; forensic accountants in the Fraud and Public Corruption Section; and Assistant U.S. Attorney David Johnson, Trial Attorney Brian Young, and former Trial Attorney James Graham, who have prosecuted the case.

13-009

WASHINGTON – Sean Carter, 22, of Washington, D.C., pled guilty today to charges of second-degree murder while armed and assault with intent to kill stemming from a shooting last year in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

      Carter pled guilty in the Superior Court of the District of Columbia.  The Honorable Robert E. Morin scheduled sentencing for April 12, 2013.  Carter faces up to 45 years in prison.

      According to the government’s evidence, on Aug. 23, 2012, at approximately 10:15 p.m., Carter saw Bidley Warren, 22, walking with a teenager on Rhode Island Avenue NE.  Carter recognized both of them and went to his nearby home, where he retrieved a gun. Then he hurried toward them in the 1000 block of Rhode Island Avenue. 

      When Mr. Warren and the teenager saw Carter approaching with the gun, they ran away from him. Carter chased after them and began shooting. Mr. Warren tripped and fell, and the teenager stopped to check on him. Carter, meanwhile, shot again at the teenager, nearly striking him in the head. Due to the assault with gunfire, the teenager was forced to leave Mr. Warren behind and he ran away.  Carter then stood over Mr. Warren and shot Mr. Warren in the head.  Mr. Warren died soon afterward from the gunshot wound to his head.

      After the murder, Carter fled to Atlanta.  He was apprehended there by the U.S. Marshals Service on Oct. 2, 2012.  The next day, Carter admitted to two detectives with the Metropolitan Police Department (MPD) that he chased and shot at Mr. Warren and the teenager, and that he then shot Mr. Warren in the head while Mr. Warren was on the ground.

      In announcing the guilty plea, U.S. Attorney Machen commended the work of the detectives of MPD’s Criminal Investigations Division and the officers of MPD’s Fifth District. He also acknowledged the efforts of the Atlanta Police Department, the U.S. Marshals Service, and the U.S. Attorney’s Office for the Northern District of Georgia.  He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Victim Witness Advocate Marcia Rinker and Paralegal Specialist Marian Russell.  Finally, U.S. Attorney Machen praised the work of Assistant U.S. Attorney Shana Fulton of the Homicide Section, who prosecuted the case.

13-010

WASHINGTON – A New Zealand fishing company that owned and operated the tuna fishing vessel San Nikunau, and a former chief engineer on the ship, were sentenced in federal court today for environmental crimes and obstruction of justice, announced U.S. Attorney Ronald C. Machen Jr. and Assistant Attorney General Ignacia S. Moreno of the Justice Department’s Environment and Natural Resources Division.

     Sanford Ltd. was ordered to pay a criminal fine of $1.9 million and pay $500,000 in community service to the National Marine Sanctuaries Foundation for the benefit of the Fagatele Bay National Marine Sanctuary in American Samoa. The former Chief Engineer James Pogue was sentenced to 30 days in jail to be followed by two years of supervised release and ordered to pay a criminal fine of $6,000. 

     “Deliberately polluting our oceans is not only harmful to our environment– it is criminal,” said U.S. Attorney Machen. “Today’s sentence sends a clear message to owners and operators of commercial vessels who illegally dump oily waste and try to cover it up.  We are committed to protecting our precious natural resources and will punish companies and individuals who ignore their obligations to our planet and future generations.”

     “Companies, like Sanford, who benefit from fishing in the oceans and selling their catch in the U.S. must comply with the laws that protect the oceans,” said Assistant Attorney General Moreno. “Today’s sentence makes clear that companies, like Sanford, who deliberately break the law by discharging oil waste into the ocean over a period of years and lie to the U.S. Coast Guard (USCG) about their activities, will be held fully accountable under U.S. laws.”

     “Some of the world's most pristine marine ecosystems are located in the South Pacific and it is important that the rule of law is regarded and respected even in the most remote areas,” said Captain Joanna Nunan, USCG Commander, Coast Guard Sector Honolulu and Captain of the Port in American Samoa.  “The U.S. Coast Guard is committed to working with the maritime community to help ensure compliance with these environmental standards.”

     According to the government’s evidence, in July 2011, the U.S. Coast Guard conducted a Port State Control examination when the vessel returned to Pago Pago, American Samoa. The investigation revealed that the vessel had been routinely discharging oily waste water, without first using equipment to clean the waste water, and making false entries or no entries in an oil record book that vessels are required to maintain accurately, all in violation of international and U.S. laws. 

     According to evidence presented at trial, Sanford Ltd. operates the fishing vessel San Nikunau, a vessel that routinely delivers tuna to a cannery in Pago Pago.  Over the past five years, Sanford was paid over $24 million for tuna deliveries.  Sanford Ltd. was convicted of numerous charges including conspiracy and causing the vessel to enter into the port of Pago Pago with a knowingly falsified oil record book.  Sanford Ltd. was also convicted of failing to maintain an accurate oil record book and failing to disclose that required pollution prevention equipment had not been used on the vessel.  Sanford Ltd. was also convicted of discharging machinery space bilge waste into the port of Pago Pago without using required pollution prevention equipment, including the oil water separator.

     Pogue, of Idaho, served as the chief engineer on the vessel between 2001 and 2010.  Pogue was convicted of failing to maintain an oil record book for the vessel and failing to account for transfers of machinery space bilge waste to other areas of the vessel.  In addition, Pogue was convicted of intending to influence a Coast Guard investigation by falsely stating in the oil record book that required pollution prevention equipment had been used when it had not. 

     This case was investigated by the U.S. Coast Guard.  The case was prosecuted by Trial Attorney Kenneth E. Nelson of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division, Assistant U.S. Attorney Frederick W. Yette of the U.S. Attorney's Office for the District of Columbia and James E. McLeod, a Special Assistant U.S. Attorney from U.S. Coast Guard headquarters.

13-008

WASHINGTON – Reco Coates, 22, of Upper Marlboro, Md., was sentenced today to eight years in prison after earlier pleading guilty to voluntary manslaughter in the death of a man following a robbery in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced. 

      Coates pled guilty in November 2012 in the Superior Court of the District of Columbia. He was sentenced by the Honorable William M. Jackson. Following completion of his prison term, Coates will be placed on five years of supervised release.

     According to the government’s evidence, on Nov. 12, 2007, at about 5:30 p.m., Coates and others set out to rob the victim, Anthony Collins, 39, in an apartment in the 100 block of 34th Street SE. The robbers, including Coates, knocked on the front door and claimed to want to buy illegal drugs from Mr. Collins. When Mr. Collins opened the door, one robber shoved a gun through the doorway and said words to the effect of, “You know what time it is.”

     Mr. Collins then attempted to slam the door shut and barricade it with his body as he was being stabbed by the robbers on the other side. The robbers gained entry into the apartment, stabbed and cut Mr. Collins with knives and stole crack cocaine before fleeing.

     Mr. Collins was transported by ambulance to a hospital.  During the course of his treatment, Mr. Collins’s condition deteriorated.  After lapsing into a coma, Mr. Collins died in the hospital on Dec. 28, 2007.  A subsequent autopsy determined that the cause of death was complications from the stab wound to the chest and that the manner of death was homicide.

     After Mr. Collins’s death, Coates gave a statement to the Metropolitan Police Department (MPD) in which he admitted being one of the robbers who participated in the crime. During the litigation, he disavowed these statements.

      In announcing the sentence, U.S. Attorney Machen commended the work of the detectives and officers of the Criminal Investigations Division and the Sixth District of the MPD. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Sharad Khandelwal (now with the U.S. Attorney’s Office for the Southern District of Texas); Victim Witness Advocates Tamara Ince and Marcia Rinker; Paralegal Specialists Kelly Blakeney and Marian Russell; Librarian Lisa D. Kosow; Kimberly Smith and Leif Hickling of the Litigation Technology Unit, and Interns Roland Achtau and James Perkins.  Finally, U.S. Attorney Machen praised the work of Assistant U.S. Attorneys Shana Fulton and Deputy Chief Michelle Jackson, both of the Homicide Section, who prosecuted the case.

13-007

WASHINGTON – Rodney P. Quarles, Jr., 26, of Charlotte Hall, Md., was sentenced today to 30 months in prison for taking part in an identity theft scam in which he and others used stolen credit cards to make more than $70,000 in purchases.

      The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Barry Moore, Assistant Director for Domestic Operations, U.S. Diplomatic Security Service, Gary R. Barksdale, Inspector in Charge, Washington Division, U.S. Postal Inspection Service, and David Beach, Special Agent in Charge of the Washington Field Office, U.S. Secret Service.

      Quarles pled guilty in October 2012 in the U.S. District Court for the District of Columbia to a charge of conducting illegal transactions with credit cards. He was sentenced by the Honorable Richard W. Roberts. As part of his plea agreement, Quarles agreed to pay $71,774 in restitution to Chase Bank USA NA.

      According to a statement of offense, signed by the defendant as well as the government, Quarles worked from September 2007 through March 2008 for the Department of State’s Bureau of Consular Affairs. He was a member of the student work program, assigned to the Washington, D.C., Passport Office. His job responsibilities primarily consisted of destroying old passports and passports that had been reported lost or stolen. Part of the process entailed accessing files of individuals whose passports were being destroyed on a State Department database.

      During his time on the job, Quarles agreed to engage in a conspiracy in which he and others used, without authorization, stolen credit cards to purchase goods and to obtain funds. The scheme’s participants included a mail sorter for the U.S. Postal Service, who stole envelopes that he suspected contained credit cards. The names on these cards were passed along to Quarles, who used the State Department database to retrieve information that helped activate the accounts.

      With the accounts activated, Quarles and others used the stolen credit cards to purchase goods and obtain funds in the District of Columbia, Maryland and other jurisdictions. All told, the conspirators completed transactions totaling at least $71,774 to obtain cash, jewelry, high-end electronic equipment, gift cards, and other items. During the scheme, Quarles and others also unsuccessfully attempted to conduct another $133,494 in transactions.

      In announcing the sentence, U.S. Attorney Machen, Assistant Director Moore, Inspector in Charge Barksdale, and Special Agent in Charge Beach commended the efforts of those who investigated the case from the State Department’s Bureau of Diplomatic Security, Postal Inspection Service, and Secret Service. They also praised those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Carolyn Cody, Tasha Harris, and Lenisse Edloe; Victim Advocate Yvonne Bryant; Assistant U.S. Attorney Catherine K. Connelly, who investigated the matter, and Assistant U.S. Attorney Matt Graves, who investigated and prosecuted the matter.

13-006

WASHINGTON – Kenneth Furr, an officer with the Metropolitan Police Department (MPD), was sentenced today to a total of 14 months in prison for assault with a dangerous weapon and solicitation of prostitution, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department.

      Furr, 48, was found guilty of the two offenses by a jury in October 2012 following a trial in the Superior Court of the District of Columbia. The jury acquitted Furr of several other charges, including assault with intent to kill while armed. The Honorable Russell F. Canan sentenced Furr today to five years in prison for assault with a dangerous weapon and 30 days of incarceration for the solicitation offense. He suspended all but 14 months of that time on the condition that Furr successfully complete three years of supervised probation.

      According to the government’s evidence, in the early morning hours of Aug. 26, 2011, Furr, who was off duty, was attempting to pick up transgender prostitutes in the area of Fifth and K Streets NW. His initial attempts to pick up one transgender woman were rejected by her. He nonetheless followed her into a drug store at 400 Massachusetts Avenue. Once inside, he continued to solicit her, in front of two of her acquaintances. Furr got into a verbal altercation with one of them, and was asked to leave the drug store by the store’s security officer.

      A short time later, Furr confronted the two acquaintances outside the store. Furr, who was parked on H Street NW, reached into his glove compartment, took out a semi-automatic pistol, and pointed it at them; this is the offense that led to the guilty verdict on the charge of assault with a dangerous weapon. One reported the incident to the store security officer. After Furr identified himself as a police officer, the security officer ceased his investigation and let him go.

      Approximately 20 minutes later, three of the complainants, from the incident at the drug store, along with two of their friends, encountered Furr in the area of 5th and K Streets NW.  Furr once again was attempting to solicit a transgender prostitute. The complainants pulled their car next to Furr’s, and at least one of the occupants in the complainants’ car assaulted Furr. Furr sped off and the complainants’ car followed.    

      While being followed by the complainants, Furr drove to the area of First and Pierce Street NW, where he parked his car and began shooting toward their vehicle. The driver of the victims’ car ducked and hit the accelerator, crashing into the side of Furr’s vehicle.  Furr then jumped on the hood of the occupied vehicle and continued shooting, firing a total of five rounds. Three of the occupants of the car suffered injuries.

      Furr was arrested after the incident and remained in custody pending the trial. Following the jury’s verdict, Judge Canan released him into a high-intensity supervision program pending sentencing. The judge credited the time that Furr had already spent in custody toward his sentence; as a result, Furr remains free and is now on probation.

      In announcing the sentence, U.S. Attorney Machen and Chief Lanier commended the detectives and officers who investigated the case from the MPD. They also praised those who worked on the case from the U.S. Attorney’s Office, including Jennifer Clark, of the Victim Witness Assistance Unit; Litigation Technology Specialists Leif Hickling and Joseph Calvarese; Intelligence Specialist Larry Grasso; Paralegal Specialists Marian Russell and Donville Drummond; Legal Assistant Mary Doster; Assistant U.S. Attorney Lara Worm, who investigated the case, and Assistant U.S. Attorneys Worm and Natalia Medina Burnett, who prosecuted the case.

13-005

     WASHINGTON –Nathaniel Carter, 34, of Washington, D.C., has pled guilty to charges stemming from a shooting that took place in broad daylight in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.

     Carter pled guilty on Jan. 4, 2013, in the Superior Court of the District of Columbia, to charges of assault with a dangerous weapon and possession of a firearm during a crime of violence. The Honorable Lynn Leibovitz scheduled sentencing for March 8, 2013. Carter faces up to 15 years in prison for the offenses.

     According to the government’s evidence, the shooting took place at 9:30 a.m. on Dec. 14, 2011, in an apartment community in the 3400 block of 13th Place SE. Carter fired six shots from a high-powered rifle at another man who tried to flee from the gunfire. The dispute stemmed from an alleged altercation that occurred between the two men in 2009.  The men had largely avoided each other until a verbal altercation on the morning of the shooting. No one was injured by the gunfire, including numerous innocent bystanders who were in the area at the time of the shooting. At least one round pierced an apartment door, striking the steps inside.

     Detectives from the Metropolitan Police Department (MPD), acting on information from the community, quickly located the firearm and other hidden evidence from the crime scene. 

     In announcing the guilty plea, U.S. Attorney Machen commended the detectives of MPD’s Seventh District who were involved in the arrest and investigation of this case, as well as the members of the community whose cooperation led to the successful prosecution of this case.  Finally, U.S. Attorney Machen expressed his appreciation to paralegals D’Yvonne Key, Richard Cheatham, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the case.

13-002

     WASHINGTON –Darius Joshua, 19, of Washington, D.C., has pled guilty to charges stemming from a 2011 shooting in the Congress Park community of Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.

     Joshua pled guilty on Jan. 7, 2013 in the Superior Court of the District of Columbia to charges of aggravated assault, attempted robbery, and carrying a pistol without a license. The Honorable William M. Jackson scheduled sentencing for March 1, 2013. 

     According to the government’s evidence, on June 21, 2011, at about 11 p.m., Joshua ambushed a man and a woman with a loaded handgun as the victims walked through a shortcut next to what used to be McGogney Elementary School in the 3400 block of Wheeler Road SE. He ordered the woman to the ground and put the gun to her head before robbing her and telling her to leave the scene. Joshua ordered the man to stay behind and then he shot him multiple times. The victim was rushed to a hospital for emergency surgery and survived the attack.

     In announcing the guilty plea, U.S. Attorney Machen commended the efforts of the detectives of the Metropolitan Police Department’s Seventh District who investigated the case, as well as the members of the community whose cooperation led to the defendant’s prosecution.  He also thanked those who worked on the case from the U.S. Attorney’s Office, including Jim Brennan, Tanya Via, Laverne Forrest, Debra Cannon, and Michael Hailey of the Victim Witness Assistance Unit; Paralegal Specialists D’Yvonne Key and Richard Cheatham, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the case.

13-003

WASHINGTON – A man who targeted his victims by pretending to be a taxicab driver has been found guilty by a jury of carrying out a series of sexual assaults against women who got into his vehicle as passengers, U.S. Attorney Ronald C. Machen Jr. announced today.

     Emero Tornero, 32, of Washington, D.C., was found guilty on Jan. 7, 2013 of 16 charges after a trial in the Superior Court of the District of Columbia. The charges included multiple counts of kidnapping and sexual abuse with aggravating circumstances, as well as related firearms offenses. The Honorable Ronna L. Beck scheduled sentencing for March 13, 2013.  For his crimes, Tornero faces a potential sentence of life imprisonment without the possibility of release.

     According to the government’s evidence, Tornero, pretending to be a taxicab driver, picked up women who hailed his “taxicab” in a series of incidents from 2005 to 2008. He trapped them inside the vehicle, which was rigged so the back doors and windows would not open from the inside. Then he took the victims to secluded locations, where he raped them.  

     The first attack took place at about 11:30 a.m. on May 10, 2005.  The victim, 23, was with her three-year-old daughter, heading to a relative’s house, when she hailed the defendant’s taxicab at 9th and N Streets NW.  Tornero abducted and took the victim to a secluded area.  He threw the child to the front seat and sexually assaulted the victim in the back seat.

      The second incident took place at approximately 5:30 a.m. on Jan. 7, 2006.  The victim, 25, hailed a taxicab driven by the defendant near 8100 New Hampshire Avenue in Montgomery County, Md., so that she would not be late to work.  Tornero instead took her to a deserted parking lot in the District of Columbia, where he raped her at gun and knife point.

     The third attack occurred at about 2 a.m. on Nov. 29, 2008.  The victim, 29, came into the District of Columbia to have a girls’ night out with her sister.  The victim became extremely intoxicated inside a nightclub in the downtown area.  After leaving the club, she was separated from her sister.  Still very intoxicated, the victim got into Tornero’s taxicab alone, with the intention of going home. The victim passed out during the ride and the defendant took her to a secluded area, where he raped her while she was unconscious. 

     The cases were investigated by the Metropolitan Police Department (MPD) and City of Alexandria Police Department (ACPD), but remained open and unsolved until the second and third sexual assaults were linked through the Combined DNA Index System (CODIS), along with a robbery of a man in June 2008, who worked at a bar in downtown Washington and who had hailed the defendant’s taxicab to take him home to Arlington, Va.  The linkage of these crimes led MPD to identify Tornero as the suspect.  MPD detectives obtained a sample of the defendant’s DNA, and it matched the DNA left behind by the assailant in 2006 and 2008.

     “This guilty verdict demonstrates the power of DNA to help us capture and convict the most dangerous sex offenders,” said U.S. Attorney Machen. “Emero Tornero is a serial rapist whose shocking brutality forever changed the lives of three women who just needed a cab ride.  Our community will be a safer place with this violent criminal behind bars.”

     In a separate case, Tornero was found guilty by a jury in 2011 of charges stemming from a series of violent attacks that took place in 2008 against Maryland and Virginia taxicab drivers who were working in the District of Columbia, including one victim who was 78 years old. He was sentenced to a prison term of 24 years and three months for those crimes.

     In announcing this week’s verdict, U.S. Attorney Machen commended the work of the detectives from the MPD’s Sexual Assault Unit and officers from the Third, Fourth and Fifth Districts and Forensic Science Division and the work of officers and detectives from ACPD.  He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Melissa Milam; Paralegal Specialists Troy Griffith, Jason Manuel and Kristy Penny; Victim Witness Specialists David Foster, Katina Adams-Washington and LaJune Thames, and Litigation Technology Specialists Jeanie Lattimore-Brown, Leif Hickling and Josh Ellen.  Lastly, he thanked Assistant U.S. Attorney David Last, who investigated the case, and Assistant U.S. Attorneys Sharon Donovan and Lindsay Suttenberg, who co-tried the case.

13-004

WASHINGTON - The U.S. Attorney’s Office for the District of Columbia has collected more than $1.7 billion in criminal and civil actions and asset forfeitures over the past three fiscal years, and has reached agreements in two cases that are expected to generate another $536.5 million in the current fiscal year, U.S. Attorney Ronald C. Machen Jr. announced today.

      The office collected more than $200 million in criminal and civil actions and asset forfeitures during the most recent fiscal year, according to statistics released today.

      The totals for Fiscal Year 2012 include $139.8 million collected in criminal actions and $51.1 million in civil actions. In addition, approximately $16.6 million was collected in criminal and civil asset forfeiture actions.

      The Fiscal 2012 success follows the collection of more than $1 billion in Fiscal 2010 and $500 million in Fiscal 2011. The projected collections in Fiscal 2013 include $536.5 million in forfeiture payments from two banks that reached settlements with the government for illegally moving money through the U.S. financial system on behalf of sanctioned entities.

      “In the District of Columbia, our commitment to taxpayers and the victims of crime has yielded more than $2 billion in the past few years,” said U.S. Attorney Machen. “This success is the result of aggressive use of powerful statutory tools to deprive criminals and fraudsters of their ill-gotten gains.  Making financial recovery a top enforcement priority deters misconduct, restores victims, and protects the public fisc.  As demonstrated by the $500 million we have already generated this year, we have no plans to slow down the pace of recovery.

      The U.S. Attorneys offices, along with the department’s litigating divisions, are responsible for enforcing and collecting criminal and civil debts owed to the United States and criminal debts owed to federal crime victims. In the District of Columbia, the Financial Litigation Unit in the Civil Division of the U.S. Attorney’s Office aggressively handles these responsibilities.

      Nationwide, U.S. Attorneys’ offices collected $13.1 billion in criminal and civil actions during FY 2012, more than doubling the $6.5 billion collected in FY 2011. A portion of this amount, $5.3 billion, was collected in shared cases in which one or more U.S. Attorneys’ offices or department litigating divisions were also involved. The $13.1 billion represents more than six times the appropriated budget of the combined 94 U.S. Attorneys’ offices for FY 2012.

      Additionally, the U.S. Attorneys’ offices nationwide, working with partner agencies and divisions, collected $4.389 billion in asset forfeiture actions in FY 2012.

Collections in Forfeiture Cases

      Since taking office in February 2010, U.S. Attorney Machen has emphasized the importance of asset forfeiture to fight crime and criminal organizations and to seek justice for victims. Asset forfeiture is a powerful tool that can deprive criminals and criminal organizations of illegal proceeds and instrumentalities of crimes, recover property that may be used to compensate victims, and deter crime. Federal law provides authority to seize and forfeit the proceeds of virtually all serious federal offenses.  Forfeited assets are deposited into the Department of Justice Asset Forfeiture Fund and Department of Treasury Asset Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes.

      In one of the District of Columbia’s more noteworthy cases, nearly $3 million was deposited during Fiscal 2012 in a case involving bribery and kickbacks tied to contracts issued through the U.S. Army Corps of Engineers and the Department of the Army. A total of 12 people have now pled guilty to charges, including two former managers from the Army Corps of Engineers and a number of business officials. In the overall investigation, to date, the United States has seized for forfeiture or recovered approximately $7.5 million in bank account funds, cash, and repayments, 19 real properties, eight cars, and multiple pieces of fine jewelry.

      In a second case, nearly $1.9 million was deposited following the prosecution of participants in a scheme to illegally export computer-related goods, worth millions of dollars, from the United States to Iran through the United Arab Emirates (UAE). Under the terms of their guilty pleas and related civil settlements with the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of Treasury’s Office of Foreign Assets Control, Massoud Habibion and his company, Online Micro LLC agreed to forfeiture of $1.9 million seized from Online Micro’s bank accounts by ICE’s Homeland Security Investigations (HSI).

      The projected Fiscal 2013 payments include $309.5 million due from ING Bank N.V., a financial institution that admitted in June 2012 to conspiring to violate the International Emergency Economic Powers Act and the Trading with the Enemy Act by illegally moving billions of dollars through the U.S. financial system on behalf of sanctioned Cuban and Iranian entities. They also include $227 million in forfeiture payments from Standard Chartered Bank, which admitted this month to conspiring to violate the International Emergency Economic Powers Act by illegally moving millions of dollars through the U.S. financial system on behalf of sanctioned Iranian, Sudanese, Libyan and Burmese entities.

Collections in Criminal Actions

      The U.S. Attorneys= offices, along with the department’s litigating divisions, are responsible for enforcing and collecting criminal and civil debts owed to the United States and criminal debts owed to federal crime victims. In the District of Columbia, the Financial Litigation Unit in the Civil Division of the U.S. Attorney’s Office aggressively handles these responsibilities.

      Collections in criminal actions include restitution, criminal fines, and felony assessments. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss.  While restitution is paid directly to the victim, criminal fines and felony assessments are paid to the Department of Justice=s Crime Victims= Fund, which distributes the money to state victim compensation and victim assistance programs.

      The $139.8 million collected in criminal actions by the U.S. Attorney’s Office for the District of Columbia includes some significant amounts generated by cases handled primarily by the Department of Justice’s litigating divisions. The U.S. Attorney’s Office plays an important follow-up role in these cases by collecting this money.

Collections in Civil Actions

      The $51.1 million in civil collections include more than $47 million from Harbert Corporation and related entities to settle allegations that they submitted false claims, and caused others to submit false claims, to the U.S. Agency for International Development (USAID). The settlement resolved claims under the False Claims Act that the Harbert entities conspired to rig the bids on a USAID-funded construction contract that was bid and performed in Cairo, Egypt, in the late 1980s and early 1990s. Harbert International Inc. was part of a joint venture that bid on, and was ultimately awarded, Contract 20A to build a sewer system. 

      The amount also included $737,474 paid by Euclid of Virginia, Inc., which, along with two of its officers, and related entities, agreed in 2011 to pay the United States $3.2 million to resolve allegations involving the company’s ownership and operation of petroleum underground storage tanks. The settlement in that case resolved a lawsuit filed in the U.S. District Court for the District of Columbia, seeking to collect precedent-setting civil penalties that were imposed against Euclid of Virginia, Inc. by the U.S. Environmental Protection Agency (EPA).

 

Nationwide Collections

      Nationally, Department of Justice statistics indicate that the total amount collected in criminal actions totaled $3.035 billion in restitution, criminal fines, and felony assessments. 

      The statistics also indicate that $10.12 billion was collected by the U.S. Attorneys’ offices in individually and jointly handled civil actions. 

      The $13.16 billion collected nationwide by the U.S. Attorneys’ offices for FY 2012 nearly matches the $13.18 billion collected in FY 2010 and FY 2011 combined.

13-001