District of Columbia
Press releases recorded for this federal judicial district.
Metropolitan Police Department Officer and Maryland Woman Indicted for Bribery Scheme to Provide Personal Identifying Information of Traffic Crash Victims in Exchange for Cash PaymentsRead the Press Release
WASHINGTON – A Metropolitan Police Department (MPD) Officer and a Maryland woman were indicted on charges in connection with a bribery scheme to unlawfully provide information contained in non-public police paperwork identifying individuals involved in traffic accidents in exchange for cash payments, announced Acting U.S. Attorney Channing D. Phillips.
Vincent Forrest, 33, of Washington, D.C., and Raquel Depaula, 43, of Beltsville, Maryland, were indicted by a federal grand jury on one count of conspiracy in violation of Title 18, United States Code, Section 371, and one count each of bribery in violation of Title 18, United States Code, Section 201. In addition, Forrest was indicted on one count of making a false statement in violation of Title 18, United States Code, Section 1001.
As alleged in the indictment, beginning at least as early as April 2019, Forrest, a Patrol Officer with MPD, and Depaula, a “runner” who worked, in return for referral fees, to connect people in need of legal representation or medical services with providers of those services, engaged in a scheme to trade confidential traffic accident victim information from MPD Traffic Accident Reports, or “PD Form 10s,” for bribes. Depaula offered Forrest, a public official, bribes to get confidential accident victim information. MPD General Order 401.03 limited the distribution of these reports to individuals involved in traffic accidents and their representatives. Forrest, in violation of his official duties, used his official access to MPD’s law enforcement sensitive database to review and record victim contact information from Traffic Accident Reports which contained the names and contact information of individuals involved in traffic accidents. Forrest sent the Depaula victim contact information using WhatsApp Messenger, an encrypted communications application. Forrest then met up with Depaula at various locations in the District of Columbia and Maryland, including Depaula’s Maryland residence to receive bribes from her. Depaula then provided victim contact information from the Traffic Crash Reports to local attorneys in exchange for a referral fee, causing accident victims to be contacted by attorneys within days of their traffic accidents in violation of 22 D.C. Code Section 3225.14. Forrest and Depaula concealed their bribery scheme by, among other methods, communicating by encrypted application, meeting in person, and exchanging bribes in cash. Over the course of the four-month scheme, Forrest viewed over 4,000 Traffic Crash Reports. In addition, when interviewed by federal law enforcement, Forrest provided false, fictitious, and fraudulent statements and representations regarding his conduct and the scheme, specifically, denying that he ever provided Traffic Crash Reports to unauthorized third parties.
In connection with this scheme, Forrest was arrested and charged in a criminal complaint on June 4, 2021 and is expected to be arraigned on the indictment on June 25, 2021 at 3 PM before Magistrate Judge Zia M. Faruqui in the U.S. District Court for the District of Columbia.
The charges in the indictment are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, Forrest would face a maximum sentence of 30 years’ imprisonment and Depaula would face a maximum of 20 years’ imprisonment. The maximum statutory sentences are prescribed by Congress and are provided here for informational purposes. The sentencing of the defendants, if they are later convicted, will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.
This investigation is being conducted by special agents from the FBI’s Washington Field Office and MPD’s Internal Affairs Division. The case is being prosecuted by Assistant U.S. Attorney Joshua S. Rothstein from the Public Corruption and Civil Rights Section of the United States Attorney’s Office for the District of Columbia.
Defense Department Linguist Sentenced to 23 Years in Prison for Transmitting Highly Sensitive Classified National Defense Information to Aid a Foreign GovernmentRead the Press Release
WASHINGTON - Mariam Taha Thompson, 62, formerly of Rochester, Minnesota, was sentenced today to 23 years in prison for delivering classified national defense information to aid a foreign government. As part of her March 26 guilty plea, Thompson admitted that she believed that the classified national defense information that she was passing to a Lebanese national would be provided to Lebanese Hezbollah, a designated foreign terrorist organization.
“The defendant’s decision to aid a foreign terrorist organization was a betrayal that endangered the lives of the very American men and women on the battlefield who had served beside her for more than a decade,” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “Let today’s sentence serve notice that there are serious consequences for anyone who betrays this country by compromising national defense information.”
“Thompson’s sentence reflects the seriousness of her violation of the trust of the American people, of the human sources she jeopardized and of the troops who worked at her side as friends and colleagues,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “That Thompson passed our nation’s sensitive secrets to someone whom she knew had ties to Lebanese Hezbollah made her betrayal all the more serious. Thompson’s sentence should stand as a clear warning to all clearance holders that violations of their oath to this country will not be taken lightly, especially when they put lives at risk.”
“This case should serve as a clear reminder to all of those entrusted with national defense information that unilaterally disclosing such information for personal gain, or that of others, is not selfless or heroic; it is criminal,” said Assistant Director Alan E. Kohler, Jr. of the FBI's Counterintelligence Division. “By knowingly distributing classified information that would be passed onto a designated foreign terrorist organization, Mariam Thompson put our national defense in danger. The men and women of the FBI will continue to work tirelessly to defeat hostile intelligence activities targeting the United States and to hold those who assist our adversaries accountable.”
“Thompson was entrusted with highly sensitive information, and she chose to betray her country by providing classified defense information to a foreign terrorist organization,” said Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office. “Today’s significant sentencing shows the dedicated work of the FBI, the U.S. Intelligence Community and our global partners to work swiftly and diligently to safeguard our national security information and hold accountable those who break our nation’s trust."
According to court documents, Thompson worked as a contract linguist at an overseas U.S. military facility where she was entrusted with a Top-Secret government security clearance. Thompson admitted that, beginning in 2017, she started communicating with her unindicted co-conspirator using a video-chat feature on a secure text and voice messaging application. Over time, Thompson developed a romantic interest in her co-conspirator. Thompson learned that the unindicted co-conspirator had a family member who was in the Lebanese Ministry of the Interior and that the unindicted co-conspirator claimed to have received a ring from Hassan Nasrallah, the secretary-general of Lebanese Hezbollah.
In December 2019, while Thompson was assigned to a Special Operations Task Force facility in Iraq, the United States launched a series of airstrikes in Iraq targeting Kata’ib Hezbollah, an Iranian-backed foreign terrorist organization. These airstrikes culminated in a Jan. 3, 2020, strike that resulted in the death of Iranian Revolutionary Guard Corps Quds Force commander Qasem Suleimani, as well as the founder of Kata’ib Hezbollah, Abu Mahdi al-Muhandis.
Following Suleimani’s death, the unindicted co-conspirator began asking Thompson to provide “them” with information about the human assets who had helped the United States to target Suleimani. Thompson admitted that she understood “them” to be Lebanese Hezbollah, including an unnamed high-ranking military commander.
After receiving this request for information in early January 2020, Thompson began accessing dozens of files concerning human intelligence sources, including true names, personal identification data, background information and photographs of the human assets, as well as operational cables detailing information the assets provided to the U.S. government. Thompson used several techniques to pass this information on to the unindicted co-conspirator, who told her that his contacts were pleased with the information and that the Lebanese Hezbollah military commander wanted to meet Thompson when she came to Lebanon.
When she was arrested by the FBI on Feb. 27, 2020, Thompson had used her access to classified national defense information to provide her co-conspirator with the identities of at least eight clandestine human assets; at least 10 U.S. targets; and multiple tactics, techniques and procedures. Thompson intended and had reason to believe that this classified national defense information would be used to the injury of the United States and to the advantage of Lebanese Hezbollah.
Today’s sentencing was the result of the significant cooperation between law enforcement, the Department of Defense and the intelligence community in the successful resolution of this investigation led by the FBI Washington Field Office.
National Security Division Trial Attorneys Jennifer Kennedy Gellie of the Counterintelligence and Export Control Section and Jennifer Levy of the Counterterrorism Section, and Special Assistant U.S. Attorney John Cummings for the District of Columbia prosecuted the case.
Defense Department Linguist Sentenced to 23 Years in Prison for Transmitting Highly Sensitive Classified National Defense Information to Aid a Foreign GovernmentRead the Press Release
Mariam Taha Thompson, 62, formerly of Rochester, Minnesota, was sentenced today to 23 years in prison for delivering classified national defense information to aid a foreign government. As part of her March 26 guilty plea, Thompson admitted that she believed that the classified national defense information that she was passing to a Lebanese national would be provided to Lebanese Hezbollah, a designated foreign terrorist organization.
“Thompson’s sentence reflects the seriousness of her violation of the trust of the American people, of the human sources she jeopardized and of the troops who worked at her side as friends and colleagues,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “That Thompson passed our nation’s sensitive secrets to someone whom she knew had ties to Lebanese Hezbollah made her betrayal all the more serious. Thompson’s sentence should stand as a clear warning to all clearance holders that violations of their oath to this country will not be taken lightly, especially when they put lives at risk.”
“The defendant’s decision to aid a foreign terrorist organization was a betrayal that endangered the lives of the very American men and women on the battlefield who had served beside her for more than a decade,” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “Let today’s sentence serve notice that there are serious consequences for anyone who betrays this country by compromising national defense information.”
“This case should serve as a clear reminder to all of those entrusted with national defense information that unilaterally disclosing such information for personal gain, or that of others, is not selfless or heroic; it is criminal,” said Assistant Director Alan E. Kohler, Jr. of the FBI's Counterintelligence Division. “By knowingly distributing classified information that would be passed onto a designated foreign terrorist organization, Mariam Thompson put our national defense in danger. The men and women of the FBI will continue to work tirelessly to defeat hostile intelligence activities targeting the United States and to hold those who assist our adversaries accountable.”
“Thompson was entrusted with highly sensitive information, and she chose to betray her country by providing classified defense information to a foreign terrorist organization,” said Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office. “Today’s significant sentencing shows the dedicated work of the FBI, the U.S. Intelligence Community and our global partners to work swiftly and diligently to safeguard our national security information and hold accountable those who break our nation’s trust."
According to court documents, Thompson worked as a contract linguist at an overseas U.S. military facility where she was entrusted with a Top-Secret government security clearance. Thompson admitted that, beginning in 2017, she started communicating with her unindicted co-conspirator using a video-chat feature on a secure text and voice messaging application. Over time, Thompson developed a romantic interest in her co-conspirator. Thompson learned that the unindicted co-conspirator had a family member who was in the Lebanese Ministry of the Interior and that the unindicted co-conspirator claimed to have received a ring from Hassan Nasrallah, the secretary-general of Lebanese Hezbollah.
In December 2019, while Thompson was assigned to a Special Operations Task Force facility in Iraq, the United States launched a series of airstrikes in Iraq targeting Kata’ib Hezbollah, an Iranian-backed foreign terrorist organization. These airstrikes culminated in a Jan. 3, 2020, strike that resulted in the death of Iranian Revolutionary Guard Corps Quds Force commander Qasem Suleimani, as well as the founder of Kata’ib Hezbollah, Abu Mahdi al-Muhandis.
Following Suleimani’s death, the unindicted co-conspirator began asking Thompson to provide “them” with information about the human assets who had helped the United States to target Suleimani. Thompson admitted that she understood “them” to be Lebanese Hezbollah, including an unnamed high-ranking military commander.
After receiving this request for information in early January 2020, Thompson began accessing dozens of files concerning human intelligence sources, including true names, personal identification data, background information and photographs of the human assets, as well as operational cables detailing information the assets provided to the U.S. government. Thompson used several techniques to pass this information on to the unindicted co-conspirator, who told her that his contacts were pleased with the information and that the Lebanese Hezbollah military commander wanted to meet Thompson when she came to Lebanon.
When she was arrested by the FBI on Feb. 27, 2020, Thompson had used her access to classified national defense information to provide her co-conspirator with the identities of at least eight clandestine human assets; at least 10 U.S. targets; and multiple tactics, techniques and procedures. Thompson intended and had reason to believe that this classified national defense information would be used to the injury of the United States and to the advantage of Lebanese Hezbollah.
Today’s sentencing was the result of the significant cooperation between law enforcement, the Department of Defense and the intelligence community in the successful resolution of this investigation led by the FBI Washington Field Office.
National Security Division Trial Attorneys Jennifer Kennedy Gellie of the Counterintelligence and Export Control Section and Jennifer Levy of the Counterterrorism Section, and Special Assistant U.S. Attorney John Cummings for the District of Columbia prosecuted the case.
Slilpp Marketplace Disrupted in International Cyber OperationRead the Press Release
The Justice Department today announced its participation in a multinational operation involving actions in the United States, Germany, the Netherlands, and Romania to disrupt and take down the infrastructure of the online marketplace known as Slilpp.
According to a seizure warrant affidavit that was unsealed today, since 2012, the Slilpp marketplace has been selling stolen login credentials, including usernames and passwords for bank accounts, online payment accounts, mobile phone accounts, retailer accounts, and other online accounts. According to the affidavit, the Slilpp marketplace allowed vendors to sell, and customers to buy, stolen login credentials by providing the forum and payment mechanism for such transactions; Slilpp buyers subsequently used those login credentials to conduct unauthorized transactions (such as wire transfers) from the related accounts. To date, over a dozen individuals have been charged or arrested by U.S. law enforcement in connection with the Slilpp marketplace.
According to the affidavit, the FBI, working in coordination with foreign law enforcement partners, identified a series of servers that hosted the Slilpp marketplace infrastructure and its various domain names. Those servers and domain names were seized pursuant to domestic and international legal process.
“The Slilpp marketplace allegedly caused hundreds of millions of dollars in losses to victims worldwide, including by enabling buyers to steal the identities of American victims,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “The department will not tolerate an underground economy for stolen identities, and we will continue to collaborate with our law enforcement partners worldwide to disrupt criminal marketplaces wherever they are located.”
“With today’s coordinated disruption of the Slilpp marketplace, the FBI and our international partners sent a clear message to those who, as alleged, would steal and traffic in stolen identities: we will not allow cyber threats to go unchecked,” said Acting U.S. Attorney Channing D. Phillips of the District of Columbia. “We applaud the efforts of the FBI and our international partners who contributed to the effort to mitigate this global threat.”
“American identities are not for sale,” said Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office. “The FBI remains committed to working with our international partners to dismantle global cyber threats.”
At the time of the disruption, the affidavit alleges that stolen account login credentials for over 1,400 account providers were available for sale on the Slilpp marketplace. According to the affidavit, a fraction of the victimized account providers have calculated losses so far; based on limited existing victim reports, the stolen login credentials sold over Slilpp have been used to cause over $200 million in losses in the United States. The full impact of Slilpp is not yet known.
The U.S. Attorney’s Office for the District of Columbia, the FBI Washington Field Office, and the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) conducted the operation in close cooperation with investigators and prosecutors from several jurisdictions, including Germany’s Bundeskriminalamt, the Netherlands’ National High Tech Crime Unit, and Romania’s Directorate for the Investigation of Organized Crime and Terrorism. The Justice Department’s Office of International Affairs also provided significant assistance.
CCIPS Senior Counsel Laura-Kate Bernstein and Assistant U.S. Attorney Demian Ahn of the District of Columbia led the U.S. efforts.
In September 2020, FBI Director Christopher Wray announced the FBI’s new strategy for countering cyber threats. The strategy focuses on imposing risk and consequences on cyber adversaries through the FBI’s unique authorities, world-class capabilities, and enduring partnerships. Victims are encouraged to report the incident online with the Internet Crime Complaint Center (IC3) at https://www.ic3.gov/. For more information on ransomware prevention, visit: https://www.ic3.gov/media/2016/160915.aspx.
District Woman Sentenced to Prison for Hate Crime Targeting Member of the Asian CommunityRead the Press Release
WASHINGTON – Carolyn Heard, 64, of Washington D.C., was sentenced on June 1, 2021, to a term of imprisonment based on charges stemming from a hate crime targeting a member of the Asian community that took place in Northwest Washington in April 2021, U.S. Attorney Channing D. Phillips announced.
Heard pleaded guilty to one count of threats to do bodily harm, a charge that, with a hate-bias enhancement, carries a maximum penalty of 270 days of incarceration. District of Columbia Superior Court Associate Judge Steven Wellner sentenced Heard to the maximum penalty of 270 days, suspending all but 90 days of incarceration. Following her prison term, Heard will be placed on probation for 18 months. Heard also was sentenced in two other pending cases.
According to the government’s evidence, Heard approached the victim, a member of the Asian community in Washington, D.C., outside a neighborhood store and, while armed with a knife, threatened to kill the victim, saying, “I will kill you; you have coronavirus; go back to China.”
In announcing the sentence, Acting U.S. Attorney Channing D. Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Anna Forgie, who prosecuted the hate crime matter, and Assistant U.S. Attorneys Victor Suh and Raha Mokhtari, who prosecuted other charges on which the defendant was sentenced.
Nurse Practitioner Sentenced to Eleven Years in Federal Prison for Illegally Distributing Oxycodone and Money LaunderingRead the Press Release
WASHINGTON - Ivan Lamont Robinson, 50, of Washington, D.C. a licensed nurse practitioner, was sentenced today to 135 months in federal prison and ordered to forfeit $108,000. Robinson was previously found guilty by a federal jury of 42 federal charges that he distributed oxycodone outside the legitimate scope of professional practice and without a legitimate medical purpose, and two counts of money laundering.
The sentence was announced by Channing D. Phillips, Acting U.S. Attorney for the District of Columbia; Jarod A. Forget, Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration (DEA); Maureen Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG); Christopher Dillard, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS), and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
The trial took place in July and August of 2017, in the U.S. District Court for the District of Columbia, before the Honorable Colleen Kollar-Kotelly. According to the testimony and evidence at trial, Robinson ran a pain management clinic the 2000 block of Martin Luther King Jr. Avenue SE. His practice received numerous complaints from pharmacists who suspected that he was operating a “pill mill” rather than a legitimate medical pain management practice. “Pill mill” is a shorthand terminology for a medical practice which begins selling prescriptions to customers, usually for cash.
Through his position as a nurse practitioner, under District of Columbia law, Robinson had authority to prescribe oxycodone to patients. Robinson sold prescriptions to customers in exchange for $370 in blank money orders. Customers came from outside the District of Columbia to purchase identical prescriptions, 60 tablets of 30 milligrams of oxycodone. During the trial, the government presented testimony from a medical expert who stated that Robinson provided no real medical treatment, and there was no medical basis to prescribe oxycodone. Further, the government’s evidence showed that Robinson deposited over $100,000 in money orders from customers during a four-month period in 2013.
“The opioid crisis that we are currently facing is further exacerbated by illegal pill-mill operations such as the one operated in this matter,” said Channing D. Phillips, Acting U.S. Attorney for the District of Columbia. This is a serious public health issue in which the safety of the public must be addressed and dealt with appropriately. This prosecution illustrates our office’s continued commitment, along with that of our law enforcement partners, to combat opioid abuse and bring to justice those who commit crimes regarding this issue.”
“Tens of thousands of Americans die from opioid-related overdose every year, a public health crisis only exacerbated by the COVID-19 pandemic,” said Jarod A. Forget, Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration. “We will not stand for criminals such as this, who are exploiting our health care systems and fueling the overdoses crisis in our area. This case stands as an example of how the DEA and our law enforcement partners are working to put an end to such unscrupulous criminal behavior and keep our communities and the good people safe.”
“By illegally prescribing opioids, Ivan Lamont Robinson put greed over patient care,” said Christopher Dillard, Special Agent in Charge of the Mid-Atlantic Field Office for the Defense Criminal Investigative Service. “Such reckless behavior not only endangers lives, it fuels addiction and erodes the healthcare system. DCIS and its investigative partners will continue to work tirelessly to protect our service members and society from unscrupulous practitioners who abuse their positions.”
“The illegal diversion of opioids and other controlled substances often leads to drug addiction and deaths and drains resources that could otherwise be used to provide legitimate healthcare services,” said Maureen R. Dixon, Special Agent in Charge for the Office of the Inspector General, U.S. Department of Health and Human Services.
In announcing the sentence, Acting U.S. Attorney Phillips, Special Agent in Charge Forget, Special Agent in Charge Dixon, Special Agent in Charge Dillard, and Chief Contee commended the work of those who investigated the case from the DEA’s Washington Field Office, the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services Office of Inspector General, and the Metropolitan Police Department. They also expressed appreciation for the invaluable assistance provided by the Arlington County (VA) Police Department and the Charles County (MD) Sheriff’s Office. Assistance was also provided by Assistant United States Attorneys Arvind K. Lal and Christopher Brown, who participated in the money laundering aspect of the case. Finally, they commended the work of Paralegal Specialists Rommel Pachoca and Kate Abrey, former Paralegal Specialist Jeannette Litz, Victim/Witness Assistance Unit Specialist Tonya Jones, and Assistant U.S. Attorneys Dineen A. Baker and John P. Dominguez, who prosecuted the case.
Insurance Broker Sentenced for $3.8 Million Fraud SchemeRead the Press Release
WASHINGTON – A licensed insurance broker and the owner of Benefits Consulting Associates LLC was sentenced to 70 months in prison Wednesday for his role in a scheme to defraud CareFirst BlueCross BlueShield of more than $3.8 million.
On Nov. 8, 2019, following a two-week trial, Tarek Abou-Khatwa, aka Dean Addem, 61, of the District of Columbia, was found guilty of one count of health care fraud, three counts of making false statements related to health care matters, seven counts of mail fraud, six counts of wire fraud and five counts of identity theft charged in a March 2018 indictment.
According to the evidence presented at trial, Abou-Khatwa was involved in a scheme to defraud CareFirst BlueCross Blue Shield by creating fictitious employees and altering years of birth of actual employees by as much as 40 years to lower the average age of insured groups and fraudulently obtain lower insurance premiums. He then inflated the rates charged to clients and pocket(ed) the difference, which was in excess of $3.6 million. As part of his scheme, Abou-Khatwa also stole the identities of former employees and clients, lowered their ages, and moved them in and out of shell companies in order to obtain the fraudulently lower premiums. When groups controlled by Abou-Khatwa were audited by CareFirst, he created false census reports, false D.C. wage and tax reports, and false paystubs to coverup his fraud.
In addition to the prison sentence, Abou-Khatwa was ordered to serve three years of supervised release and pay $3,836,709.34 in restitution and forfeit $8,402,966.73.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Channing D. Phillips of the District of Columbia; Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office; Special Agent in Charge Maureen Dixon of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Philadelphia Regional Office; and Commissioner Karima Woods of the District of Columbia Department of Insurance, Securities and Banking made the announcement.
The FBI and HHS-OIG investigated the case with the help of the D.C. Department of Insurance, Securities and Banking.
Trial Attorney Alexander Kramer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Ahmed Baset of the District of Columbia are prosecuting the case. Former Assistant U.S. Attorneys Virginia Cheatham and Derrick Williams of the District of Columbia previously handled the prosecution.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Insurance Broker Sentenced for $3.8 Million Fraud SchemeRead the Press Release
A licensed insurance broker and the owner of Benefits Consulting Associates LLC was sentenced to 70 months in prison Wednesday for his role in a scheme to defraud CareFirst BlueCross BlueShield of more than $3.8 million.
On Nov. 8, 2019, following a two-week trial, Tarek Abou-Katwa, aka Dean Addem, 61, of the District of Columbia, was found guilty of one count of health care fraud, three counts of making false statements related to health care matters, seven counts of mail fraud, six counts of wire fraud and five counts of identity theft charged in a March 2018 indictment.
According to the evidence presented at trial, Abou-Khatwa was involved in a scheme to defraud CareFirst BlueCross Blue Shield by creating fictitious employees and altering years of birth of actual employees by as much as 40 years to lower the average age of insured groups and fraudulently obtain lower insurance premiums. He then inflated the rates charged to clients and pocketed the difference, which was in excess of $3.6 million. As part of his scheme, Abou-Khatwa also stole the identities of former employees and clients, lowered their ages, and moved them in and out of shell companies in order to obtain the fraudulently lower premiums. When groups controlled by Abou-Khatwa were audited by CareFirst, he created false census reports, false D.C. wage and tax reports, and false paystubs to coverup his fraud.
In addition to the prison sentence, Abou-Katwa was ordered to serve three years of supervised release and pay $3,836,709.34 in restitution and forfeit $8,402,966.73.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Channing D. Phillips of the District of Columbia; Acting Assistant Director in Charge Steven D’Antuono of the FBI’s Washington Field Office; Special Agent in Charge Maureen Dixon of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Philadelphia Regional Office; and Commissioner Karima Woods of the District of Columbia Department of Insurance, Securities and Banking made the announcement.
The FBI and HHS-OIG investigated the case with the help of the D.C. Department of Insurance, Securities and Banking.
Trial Attorney Alexander Kramer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Ahmed Baset of the District of Columbia are prosecuting the case. Former Assistant U.S. Attorneys Virginia Cheatham and Derrick Williams of the District of Columbia previously handled the prosecution.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,200 defendants who have collectively billed the Medicare program for nearly $19 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Maryland Woman Pleads Guilty to Defrauding MedicaidRead the Press Release
WASHINGTON – Mahsa Azimirad, 41, of Rockville, Maryland, pled guilty on May 24, 2021, to a federal charge of health care fraud stemming from a scheme where she was paid over $813,000 by defrauding the District of Columbia’s Medicaid program.
The announcement was made by Acting U.S. Attorney Channing D. Phillips; James A. Dawson, Special Agent in Charge, FBI Washington Field Office, Criminal Division; Maureen R. Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C.; and Daniel W. Lucas, Inspector General for the District of Columbia.
Azimirad was indicted in January 2019, along with Bilal Ahmed, the dentist who ran the dental practice, on one count of conspiracy to commit health care fraud, one count of health care fraud, and five counts of wire fraud. Azimirad pled guilty to health care fraud, the second count of the indictment, in the U.S. District Court for the District of Columbia. The remaining charges will be dismissed at sentencing. Health care fraud carries a statutory maximum sentence of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Azimirad faces a likely range of 24 to 30 months in prison and a fine of up to $95,000. The plea agreement also calls for Azimirad to pay $813,184 in restitution and agree to entry of a $813,184 forfeiture money judgment. The Honorable Judge Colleen Kollar-Kotelly scheduled sentencing for October 1, 2021.
According to the statement of offense submitted to the Court and admitted by Azimirad, she was the marketing and operations manager for Universal Smiles, a dental practice, in Northwest, Washington, D.C. Through Universal Smiles, Azimirad and Ahmed, engaged in a scheme to enrich themselves by defrauding D.C. Medicaid, a health care benefits program jointly funded by the federal government and the District of Columbia to provide health care services to residents who meet the income qualifying requirements. As part of the scheme, Ahmed applied to be a Medicaid provider. Once approved to bill Medicaid, Azimirad and Ahmed then billed D.C. Medicaid for thousands of provisional crowns, a significant number of which were not provided to the Medicaid patients. From August 9, 2012, through February 26, 2014, D.C. Medicaid paid Universal Smiles approximately $5.4 million for provisional crowns. Of the $5.4 million that D.C. Medicaid paid for provisional crowns, Azimirad received approximately $813,184.
The FBI, the Department of Health and Human Services’ Office of Inspector General, the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit, and the U.S. Attorney’s Office are committed to investigating and prosecuting individuals who defraud the D.C. Medicaid program.
The government counts on the public for tips and assistance in helping stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at (800) HHS‑TIPS [(800) 447-8477.
In announcing the plea, Acting U.S. Attorney Phillips, Special Agent in Charge Dawson, Special Agent in Charge Dixon, and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office, the U.S. Department of Health and Human Services Office of Inspector General, and the District of Columbia Office of Inspector General. They also expressed appreciation for the work of Paralegal Specialist Chad Byron and Forensic Financial Analyst Bryan Snitselaar. Finally, they commended the work of Criminal Division Trial Attorney Gary Winters, Assistant U.S. Attorney Melissa Jackson, Assistant U.S. Attorney Emily Miller, and former Assistant U.S. Attorneys Denise A. Simmonds, Michelle Bradford, and Lionel Andre, who prosecuted the case.
Former NGO Procurement Official Sentenced to Prison for BriberyRead the Press Release
WASHINGTON - A former non-governmental organization (NGO) official was sentenced today to 40 months in prison for paying bribes to NGO officers in exchange for sensitive procurement information related to NGO contracts funded in part by the U.S. Agency for International Development (USAID).
According to court documents, from January 2011 through December 2016, Ernest Halilov, 43, a citizen of Turkmenistan, coordinated a bid-rigging scheme to bid on contracts procured by NGOs and funded by USAID, to support the agency’s response to various humanitarian crises. These contracts were for the procurement of food and supplies that would ultimately be provided to those affected by various humanitarian crises, including refugees displaced by the conflict in Syria. Specifically, Halilov bribed two NGO officers in order to obtain confidential procurement information, such as bid evaluation information, specifications and internal vendor rankings. In turn, Halilov would provide this information to his preferred companies in exchange for kickbacks, ensuring that the companies had an advantage over other bidders, thus increasing their ability to win NGO-procured contracts. Halilov also admitted that he instructed a witness to lie to law enforcement agents and destroy emails related to the investigation.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Channing D. Phillips for the District of Columbia; and Acting Inspector General Thomas J. Ullom for the USAID Office of Inspector General (OIG) made the announcement.
USAID-OIG investigated the case.
Trial Attorney Laura Connelly of the Criminal Division’s Fraud Section and former Special Assistant U.S. Attorney Scotland Morris of the U.S. Attorney’s Office for the District of Columbia prosecuted the case.
The Justice Department’s Office of International Affairs provided critical investigative assistance in securing Halilov’s extradition from Ukraine. The Department of Justice also appreciates the significant cooperation and assistance provided by authorities in the Ukraine.
Former NGO Procurement Official Sentenced to Prison for BriberyRead the Press Release
A former non-governmental organization (NGO) official was sentenced today to 40 months in prison for paying bribes to NGO officers in exchange for sensitive procurement information related to NGO contracts funded in part by the U.S. Agency for International Development (USAID).
According to court documents, from January 2011 through December 2016, Ernest Halilov, 43, a citizen of Turkmenistan, coordinated a bid-rigging scheme to bid on contracts procured by NGOs and funded by USAID, to support the agency’s response to various humanitarian crises. These contracts were for the procurement of food and supplies that would ultimately be provided to those affected by various humanitarian crises, including refugees displaced by the conflict in Syria. Specifically, Halilov bribed two NGO officers in order to obtain confidential procurement information, such as bid evaluation information, specifications and internal vendor rankings. In turn, Halilov would provide this information to his preferred companies in exchange for kickbacks, ensuring that the companies had an advantage over other bidders, thus increasing their ability to win NGO-procured contracts. Halilov also admitted that he instructed a witness to lie to law enforcement agents and destroy emails related to the investigation.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Channing D. Phillips for the District of Columbia; and Acting Inspector General Thomas J. Ullom for the USAID Office of Inspector General (OIG) made the announcement.
USAID-OIG investigated the case.
Trial Attorney Laura Connelly of the Criminal Division’s Fraud Section and former Special Assistant U.S. Attorney Scotland Morris of the U.S. Attorney’s Office for the District of Columbia prosecuted the case.
The Justice Department’s Office of International Affairs provided critical investigative assistance in securing Halilov’s extradition from Ukraine. The Department of Justice also appreciates the significant cooperation and assistance provided by authorities in the Ukraine.
Charges Unsealed Against Former Chadian Diplomats to the U.S. Charged in Connection with International Bribery and Money Laundering SchemeRead the Press Release
An indictment returned by a federal grand jury in Washington, D.C. was unsealed on May 20, 2021, charging the Republic of Chad’s former Ambassador to the United States and Canada and Chad’s former Deputy Chief of Mission for the United States and Canada with soliciting and accepting a $2 million bribe from a Canadian start-up energy company, and conspiring to launder the bribe payment in order to conceal its true nature.
According to court documents, Mahamoud Adam Bechir and Youssouf Hamid Takane engaged in this scheme between August 2009 and July 2014, while serving as diplomats based out of the Embassy of Chad located in Washington, D.C. According to the indictment, Bechir and Takane demanded the bribe from the Canadian start-up energy company in exchange for a promise to misuse their official positions and their influence with the government of Chad to assist the start-up energy company in obtaining oil rights in Chad. Naeem Tyab, a citizen of Canada and founding shareholder of the start-up energy company, who served as a director of the company from 2009 through 2011, is also charged in the indictment for allegedly arranging for the bribe to be paid to Bechir’s wife, co-defendant Nouracham Bechir Niam, via a sham contract for consulting services that she never actually provided. In addition to the $2 million bribe payment, the start-up energy company also issued shares in the company to Niam, to Takane’s wife, and to a third Chadian individual, as part of the bribe, according to the indictment.
“These defendants allegedly engaged in a multimillion dollar bribery scheme while in the United States and then used the U.S. financial system to launder the bribes to conceal their conduct,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “The charges unsealed today demonstrate the department’s determined commitment to investigate and prosecute corruption wherever it occurs and the officials who use our financial system to launder their bribes. Corruption undermines trust in governments and prevents the free market from functioning fairly for law-abiding people and companies.”
“The bribery and corruption of foreign officials causes grave harm to both the global economy and the interests of the United States,” said Acting U.S. Attorney Channing D. Phillips of the District of Columbia. “My office and the Justice Department are committed to prosecuting these violations and efforts to launder the proceeds of these crimes.”
“Accepting and soliciting bribes seriously threatens the integrity of our economic system,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “When corrupt foreign officials launder funds through the United States in furtherance of their criminal activity, the FBI will work tirelessly to hold those officials accountable and send a message that we will not relent in our efforts to uphold the law.”
All four defendants are charged with conspiracy to commit money laundering, and Bechir, Takane, and Niam are also charged with money laundering, each of which carries a maximum potential penalty of 20 years in prison. Niam and Tyab are also charged with conspiracy to violate the FCPA, which carries a maximum potential penalty of five years in prison. The indictment in this case was returned by the grand jury in February 2019. Tyab was arrested in the Southern District of New York on Feb. 9, 2019, and subsequently, on April 30, 2019, he entered a guilty plea to one count of conspiracy to violate the FCPA. As part of his guilty plea, Tyab agreed to forfeit criminal proceeds of approximately $27 million. The Honorable Richard J. Leon will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. The remaining three defendants remain at large.
The FBI’s Washington Field Office is investigating the case.
Trial Attorneys Katherine Raut and Tarsha Phillibert of the Criminal Division’s Fraud Section, Trial Attorney Steven Parker of the Criminal Division’s Money Laundering and Asset Recovery Section, and Assistant U.S. Attorney Kathryn Rakoczy of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case. The Criminal Division’s Office of International Affairs provided significant assistance in this matter.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Metropolitan Police Department Employee Sentenced for Accepting More than $40,000 in Cash Bribes in Exchange for Personal Identifying Information of Traffic Crash VictimsRead the Press Release
WASHINGTON – Aaron Willis, 38, of Maryland, was sentenced today to a term of 36 months’ probation, 6 months’ of intermittent incarceration and six months’ home confinement for accepting more than $40,000 in bribes in exchange for unlawfully providing information contained in non-public police paperwork identifying individuals involved in traffic accidents, announced Channing D. Phillips, Acting U.S. Attorney of the U.S. Attorney’s Office for the District of Columbia and James A. Dawson, Special Agent in Charge of the FBI's Washington Field Office Criminal Division.
Willis pled guilty in October 2018, in U.S. District Court for the District of Columbia, to one count of bribery of a public official. He was sentenced by U.S. District Judge Emmet G. Sullivan.
According to the government’s evidence, dating back to at least 2015, Willis, a Customer Service Representative with Metropolitan Police Department (MPD), conspired with two independent “runners” who worked, in return for referral fees, to connect people in need of legal representation or medical services with providers of those services. Willis used his official position to obtain MPD Traffic Accident Reports, or “PD Form 10s,” which contained the names and contact information of individuals involved in traffic accidents. Beginning in 2015, however, MPD General Order 401.03 limited the distribution of these reports to individuals involved in traffic accidents and their representatives. Willis admitted that, beginning at that time and continuing into 2017, he accepted cash bribes in the amount of $80 per week from one “runner and $80 to $200 per week from another “runner” to violate the General Order and provide the confidential reports, which they used to contact and solicit potential clients. Between June and October 2017, alone, Willis accessed approximately traffic accident reports 28,252 times and exported these reports more than 12,206 times. Over the two years he engaged in the scheme, Willis received more than $40,000.
In announcing the sentence, Acting U.S. Attorney Channing D. Phillips commended the work of those who assisted the case from the FBI’s Washington Field Office and MPD’s Internal Affairs Division. He also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, Public Corruption and Civil Rights Section, including Assistant U.S. Attorney Joshua S. Rothstein and Veronica Sanchez, who prosecuted the case.
Nevada Man Pleads Guilty to Election Fundraising Scam and Cheating Taxpayers Out of Paycheck Protection Loan FundsRead the Press Release
WASHINGTON – James Kyle Bell, 44, of Las Vegas, Nevada, entered a guilty plea today to one count of wire fraud in federal court in the District of Columbia.
As he admitted in entering his guilty plea, Bell created two political action committees (PACs) which operated during the 2020 election cycle: the Keep America Great Committee (“KAGC”) , which purportedly supported the re-election of Donald Trump, and the Best Days Lie Ahead Committee (“BDLAC”), which purportedly supported the candidacy of Joe Biden. Both PACs registered with the Federal Election Commission (“FEC”) as Section 527 independent expenditure-only committees. Such committees are often referred to as “527 Groups” or “Super PACs.”
Between January 2020 and October 2020, Bell’s PACs sent solicitations nationwide to more than 40,000 recipients. The solicitations promised that individual donations would be “5x matched” by Bell’s PACs. The solicitations also replicated the look and feel of marketing materials used by the presidential campaigns including official logos and slogans. Bell also set up websites to solicit donations with names like “keepamericagreatcommittee.com,” “trump2020maga.com,” and “bestdayslieaheadcommittee.com.” KAGC and BDLAC received no less than $346,000 in contributions from individuals and other groups during the months before the 2020 election. However, none of the individual donations was ever “5x matched” by Bell or anyone else. And Bell made a series of false filings with the FEC in which Bell claimed that his PACs had made expenditures in support of both presidential campaigns.
Court documents also reflect that during the same time period, Bell applied for more than $1.6 million in loans from the Small Business Administration’s Paycheck Protection Program (“PPP”) on behalf of five shell companies that Bell owned and controlled. For example, one of Bell’s companies named “Echo Three LLC,” a company registered in Nevada with no employees and no payroll, received a PPP loan of $485,000 based on Bell’s false statements to the government that the company had 83 employees working at Bell’s private residence. In another instance, Bell obtained a PPP loan in the amount of $492,000 for a company he owned and controlled named “Myson Rules LLC” which had no employees, no payroll, no business operations, and no active business license in the State of Nevada. Bell submitted fabricated tax documents and other company records in support of all five PPP loan applications.
Bell diverted almost all of the funds from PAC donors and the taxpayer-supported PPP loans to bank accounts where they could be used for Bell’s personal benefit, commingling the proceeds of the fraud and further violating federal campaign finance laws with exacting record keeping for PACs. According to court papers, the government has located and seized $519,000 of Bell’s criminal proceeds. Bell’s plea agreement requires that Bell make full restitution to his victims and agree to the entry of a money judgement of $862,000 against him.
“The First Amendment protects everyone’s right to express and promote their viewpoints by giving to political committees,” said Acting U.S. Attorney Channing D. Phillips. “My Office and the Justice Department are committed to protecting this important right—citizens are entitled to have confidence that their political contributions will be spent to support the candidates and causes for which they are intended.” Phillips continued, “We are equally committed to protecting from fraud the Paycheck Protection Program and other government programs aimed at easing the crippling economic effects of the pandemic. Today’s guilty plea sends a clear message that my Office and the Justice Department will not tolerate fraudsters who line their pockets by exploiting the political goodwill of our citizens or the benefits afforded under government programs.”
"Bell admitted to creating two political action committees that purported to support two different candidates, but instead he used the donations he received for his own personal use,” said James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office, Criminal Division. “Not only did Bell defraud donors, but he also defrauded the Small Business Administration’s Paycheck Protection Program, designed to help Americans during the pandemic, and used those funds to line his own pockets and private political accounts. The FBI is committed to investigating those who attempt to defraud the American public and government programs.”
Bell pleaded guilty before United States District Judge John D. Bates to one count of wire fraud. The maximum sentence for that offense is twenty years of incarceration and a fine of not more than $250,000 or twice the pecuniary gain or loss from the offense. Sentencing in the case is scheduled for October 8.
This matter is being investigated by the Washington Field Office of the Federal Bureau of Investigation and the U.S. Small Business Administration, Office of the Inspector General. Assistant United States Attorneys John W. Borchert of the Fraud Section and Elizabeth Aloi of the Public Corruption and Civil Rights Section are prosecuting the case.
Statement of U.S. Attorney's Office for the District of Columbia Before D.C. Council Regarding Measures to Strengthen Protections for Victims-Survivors of Domestic ViolenceRead the Press Release
Chairman Allen and Members of the Council:
My name is Elana Suttenberg, and I am the Special Counsel for Legislative Affairs at the United States Attorney’s Office for the District of Columbia (USAO). I am accompanied today by my colleagues, Sharon Marcus-Kurn, Chief of the Sex Offense and Domestic Violence Section, and Ryan Creighton, a Senior Assistant United States Attorney in that Section who spearheads our Office’s Intimate Partner Violence Prevention Initiative, who are available to assist in answering the Committee’s questions. I thank you for the opportunity to appear at today’s public hearing on the proposed legislation.
Our Office is committed to protecting victims and survivors, providing support to these individuals and their families as they navigate the criminal justice process, and prosecuting those who harm others. We are committed to preventing intimate partner violence and, in 2019, our Office launched an Intimate Partner Violence Prevention Initiative, a focused effort within our Office to recognize intimate partner violence as a specific type of violence requiring unique tools to address, and increase the prosecutorial and advocacy resources devoted to the issue.[1]
Bill 24-0116, the “Victims’ Protection Amendment Act of 2021”
Consistent with this commitment, we are proud to support the Victims’ Protection Amendment Act of 2021, introduced by Mayor Muriel Bowser. This bill would create a felony offense of strangulation and create an offense for violating a post-conviction stay away or no contact order, both of which would protect victims—particularly victims of intimate partner violence.
Felony Strangulation
A felony offense of strangulation will enable the District of Columbia to combat and prosecute strangulation in a manner proportionate with the seriousness of the conduct. By enacting this important piece of legislation, the District will join the overwhelming majority of states—48 at present—in making this extremely dangerous—and potentially life-threatening—type of assault a felony.
Current law in the District creates three tiers of assault: felony aggravated assault that requires proof of serious bodily injury, punishable by a maximum of 10 years’ imprisonment;[2] felony assault that requires proof of significant bodily injury, punishable by a maximum of 3 years’ imprisonment;[3] and misdemeanor simple assault that requires no proof of any level of injury, punishable by a maximum of 180 days’ imprisonment.[4] Because injuries stemming from non-fatal strangulation rarely qualify as either “serious bodily injury” or “significant bodily injury,” virtually all non-fatal strangulation cases can be prosecuted only as misdemeanor simple assault.[5]
But strangulation is widely recognized as one of the most lethal forms of domestic violence, and categorizing that conduct as a misdemeanor does not adequately reflect that lethality. Strangulation is extremely dangerous: because it restricts the victim’s breathing and circulation of the blood, a victim can lose consciousness within 5-10 seconds and die within minutes.[6] A major strangulation study in San Diego made the following findings: “Most strangulation cases produce minor or no visible injury. Many victims suffer internal injuries, including permanent brain damage. Signs and symptoms do exist and can be documented even without visible injury… Most abusers do not strangle to kill. They strangle to show they can kill. Victims often suffer major long-term emotional and physical impacts. Surviving victims are much more likely to die later if their abuser has strangled them.”[7] The San Diego strangulation study also noted that “[o]ne study has shown that the odds of becoming a victim of attempted homicide increased by 700%, and the odds of becoming a homicide victim increased by 800%, for women who had been strangled by their partner.”[8]
The District is in the distinct minority of jurisdictions by not having either a separate felony offense of strangulation or a means of criminalizing strangulation as a felony offense. Twenty-one (21) states have separate laws criminalizing strangulation as a stand-alone felony offense.[9] Twenty-seven (27) other states have made strangulation a felony by including strangulation as a means of committing a felony-level offense, such as assault.[10] Aside from the District, Ohio and South Carolina are the only states that do not have a felony strangulation law.[11]
Creating a stand-alone felony offense of strangulation is preferable to categorizing strangulation-related injuries as a type of felony assault. A stand-alone offense of strangulation more appropriately captures and describes the conduct that is the subject of the offense. In addition, a stand-alone offense does not require proof of any level of injury, but rather focuses solely on the conduct. This recognizes that strangulation often results in no visible injuries, and should be classified as a felony regardless of the level of injury.[12]
Further, consistent with the bill as introduced, strangulation should be categorized as a “crime of violence” under D.C. Code § 23-1331(4). This reflects the seriousness and violent nature of the offense of strangulation. In addition, this would make strangulation eligible for pretrial preventative detention under D.C. Code § 23-1322(b)(1)(A). Allowing pretrial preventative detention will in turn help to protect victims who have been strangled. This is particularly important given the elevated lethality risk to the victim following strangulation.[13]
Creation of an Offense for Violating a Post-Conviction Stay Away or No Contact Order
To further protect victims of intimate partner violence, it is necessary to eliminate a legal loophole under current District law, and to create an offense for violating a post-conviction stay away or no contact order.
Under D.C. Code § 23-1329(c), contempt sanctions may be imposed if a person “intentionally violate[s] a condition of his release,” which would include a violation of a stay away/no contact order.[14] This contempt sanction, however, only applies to individuals who have been released prior to trial or sentencing.[15] Individuals who violate a condition of their release—including stay away provisions—while they are on probation, supervised release, or parole are not subject to contempt liability either under D.C. Code § 23-1329(c) or under the general contempt provision in D.C. Code § 11-944(a).[16]
This situation creates an illogical and potentially fatal loophole in the D.C. Code. Under current law, there is no meaningful immediate enforcement mechanism for violation of a condition of post-disposition release. If a defendant is alleged to have violated a condition of their probation, the defendant’s supervising officer at the Court Services and Offender Supervision Agency (CSOSA) may present an Alleged Violation Report (AVR) to the presiding judge. The presiding judge may issue a “show cause order,” which orders the defendant to appear in court and to show cause why their probation should not be revoked. This situation does not, however, permit law enforcement to make an immediate, on-the-scene arrest, which may be appropriate, if not essential. If a defendant is at that moment violating a stay away or no contact order, that violation directly implicates the safety of the community, and could impact the life or safety of the victim whom the order is intended to protect.[17] To permit an officer to make a warrantless arrest for this offense, a conforming amendment to D.C. Code § 23-581 is required.
The tragic and brutal murder of Paula Coles illustrates the serious flaws in the current system. On September 27, 2017, Paula Coles was murdered by her abusive former romantic partner. At the time of her murder, the defendant was on probation after being convicted of assaulting Ms. Coles and their 9-month-old son on July 5, 2017. A specific court-ordered condition of his probation was that he was to stay away from, and have no contact with, Ms. Coles.
On September 15, 2017, the defendant was released from custody after serving his sentence. Less than 12 hours before the murder, in the late hours of September 26, 2017, Ms. Coles called 911 to report an argument that had erupted between the defendant and Ms. Coles, and between the defendant and an individual with whom Ms. Coles was now romantically involved. The defendant fled the scene before police arrived.
Ms. Coles showed responding MPD officers a copy of the pretrial stay away order that had been previously imposed, as well as the judgment and commitment order in the criminal case that contained the stay away order. Police checked certain electronic records and were not able to locate a stay away order in the system against the defendant.[18] Critically, because a violation of a post-conviction stay away order is not a stand-alone offense, even if police had been able to confirm the presence of the properly issued probationary stay away order, they could not have immediately arrested the defendant for violating that order. Instead, their only remedy would be to return to their office, request that CSOSA file an AVR, and wait for the court to schedule a show cause hearing.
After police left, the defendant continued to call Ms. Coles throughout the night. Several people overheard the defendant telling Ms. Coles that he would kill her. The following morning, the defendant stabbed Ms. Coles to death. The defendant was later arrested and ultimately pled guilty and admitted to murdering Ms. Coles.
Bill 24-0075, the “Expanding Supports for Crime Victims Amendment Act of 2021”
As to the Expanding Supports for Crime Victims Amendment Act of 2021, we believe that victims, survivors, and their families should be supported as they navigate the aftermath of a traumatic experience. To that end, our Office’s Victim/Witness Assistance Unit—which includes 16 highly experienced victim advocates who work within the Office and have specialties that include working with child victims, domestic violence victims, and families of homicide victims—provides support to victims throughout the criminal justice process.
We support the bill’s expansion of access to Crime Victims Compensation Program funds, which will allow victims to receive financial assistance and reimbursement for necessary expenses such as funeral costs, medical and mental health expenses, and temporary shelter. We also support providing access to the Crime Victims Compensation Program for victims who are impacted by post-conviction litigation, including where motions have been filed under the Incarceration Reduction Amendment Act or for compassionate release. These motions—filed years after the original sentencing—may cause victims to reopen and relive a painful chapter in their lives, and these victims and their families deserve access to services such as therapy. In our written testimony, we have proposed redline changes to the relevant provisions.
As to the bill’s proposal to expand victim access to confidential advocates, we support some of the goals of this proposal, but have concerns about these provisions as drafted. First, as to the creation of a right to a confidential advocate for a victim who has suffered gunshot or stabbing wounds during any interview with law enforcement at the hospital, we are concerned that this may inadvertently hamper law enforcement when they have an immediate need to speak with the victim about what happened to resolve an ongoing emergency (such as ascertaining the whereabouts of a suspect), ascertain what happened and locate crucial evidence or witnesses, or conduct initial investigative steps (such as securing a crime scene). Second, as to the expansion of these advocacy services to be confidential, a victim’s initial statements to another person about what happened are often a crucial part of an investigation, and making that conversation confidential may, similarly, impede a time-sensitive criminal investigation. This could be equally true if that conversation included inculpatory information—such as a victim’s emotional accounting of the offense—or exculpatory information—such as a victim contradicting a statement later made to law enforcement. To be clear, USAO believes that victims should be supported throughout the criminal justice process, and community-based advocates can play an important role in that support. We believe, however, that support can exist without some of the proposed expansions.
* * *
We appreciate the Committee holding this hearing today and recognizing the importance of these issues. We believe that the Victims’ Protection Amendment Act will save lives, and we look forward to continuing to work with the Council on ways to protect and support victims and prevent violence.
* * *
The U.S. Attorney’s Office proposes the following additional modifications to D.C. Code § 4-506(a) to allow victims who are impacted by post-conviction litigation to access the Crime Victims’ Compensation Program:
§ 4–506. Eligibility for compensation.
(a) A victim or secondary victim is eligible to receive compensation under this chapter if he or she:
(1) Suffered personal injury as a result of a crime;
(2) Filed a claim under this chapter within 1 year after the crime occurred, or 1 year after learning of the Program with an adequate showing that the delay in learning of the Program was reasonable, 1 year after the filing of or during the pendency of an application for a sentence modification pursuant to D.C. Code § 24-403.03 or § 24-403.04 or any other post-conviction motion in a case in which he or she was a victim or secondary victim; and
(3) Reported the crime to a law enforcement office within 7 days of its occurrence. If the crime cannot be reasonably reported within that time period, the crime must be reported within 7 days from the time a report can reasonably be made.
* * *
The U.S. Attorney’s Office proposes the following language for D.C. Code § 14-307(b)(4), which creates an exemption for elderly persons and vulnerable adults who are the victims of fraud or exploitation, whether prosecuted under D.C. Code § 22-933.01 or otherwise.
§ 14-307. Confidential information.
(b) . . .
(4) In a grand jury, criminal, delinquency, or civil proceeding where a person is alleged to have defrauded: (a) the District of Columbia or federal government in relation to receiving or providing services under the District of Columbia medical assistance program authorized by title 19 of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.); or (b) a health care benefit program; or (c) an elderly person or vulnerable adult, as those terms are defined in 203a of the Criminal Abuse and Neglect of Vulnerable Adults Act of 2000, effective June 8, 2001 (D.C. Law 13-301; D.C. Official Code § 22-932); or
[1] Mr. Creighton, who leads this Initiative, collaborates with community partners to address intimate partner violence and further develop our Office’s expertise in investigating and prosecuting domestic violence cases. As a result of this Initiative, we have conducted trainings and community outreach events focused on informing the public of the resources that are available to combat domestic violence and to meet the security, emotional, and other needs of the survivors. We believe that continued education is crucial to both recognizing the dangers of strangulation and preventing intimate partner violence. For example, in 2020, our Office’s Intimate Partner Violence Prevention Initiative organized a training focused on identifying, investigating, and prosecuting cases involving strangulation. This training was developed in partnership with the Training Institute on Strangulation Prevention and was mandatory for all prosecutors at the U.S. Attorney’s Office who focus on prosecuting crimes involving sex offenses and domestic violence. We have also partnered with DC Forensic Nurse Examiners to conduct training for prosecutors at the U.S. Attorney’s Office.
[2] See D.C. Code § 22-404.01. “Serious bodily injury” is an injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. See Nixon v. United States, 730 A.2d 145, 150 (D.C. 1999) (adopting definition of “serious bodily injury” from D.C. Code § 22-3001(7) for purposes of aggravated assault statute). The D.C. Court of Appeals has held that, to qualify as “extreme physical pain” for purposes of the aggravated assault statute, “the level of pain necessary to constitute serious bodily injury must be exceptionally severe if not unbearable,” and has suggested “that a victim’s physical pain may have to be so severe as to be immobilizing to satisfy the serious bodily injury requirement.” Jackson v. United States, 940 A.2d 981, 987–88 (D.C. 2008) (internal citations omitted).
[3] See D.C. Code § 22-404(a)(2). “Significant bodily injury” is defined as “an injury that requires hospitalization or immediate medical attention.” Id. The D.C. Court of Appeals has interpreted “immediate medical attention” to refer to “treatment”; “in other words, the ‘attention’ required is not satisfied by mere diagnosis. This treatment, in turn, must be aimed at one of two ends—preventing long-term physical damage and other potentially permanent injuries or abating pain that is severe instead of lesser, short-term hurts. Such treatment must exceed first-aid remedies such as ice packs, bandages, and over-the-counter medications, even if administered by a medical professional. The standard is objective: the relevant inquiry is not whether a person in fact receives immediate medical attention but whether medical treatment beyond what one can administer himself is immediately required to prevent long-term physical damage, possible disability, disfigurement, or severe pain.” In re D.P., 122 A.3d 903, 911–12 (D.C. 2015) (internal citations omitted).
Further, even where strangulation results in loss of consciousness, the D.C. Court of Appeals has held that a brief loss of consciousness of approximately a minute or less does not qualify as a “significant bodily injury.” D.P., 122 A.3d at 913; see also Vaughn v. United States, 93 A.3d 1237, 1269 n.39 (D.C. 2014) (questioning but not deciding whether any loss of consciousness, however brief, could amount to the requisite serious bodily injury to sustain an aggravated assault conviction (cited in D.P., 122 A.3d at 913 n.10)). Moreover, if the victim is the only witness to the loss of consciousness, the victim may not be able to ascertain how long they were unconscious or be able to establish that the loss of consciousness lasted more than a “brief” time.
[4] See D.C. Code § 22-404(a)(1).
[5] If a person used a dangerous weapon to commit strangulation, that conduct could be prosecuted as felony assault with a dangerous weapon, punishable by a maximum of 10 years’ imprisonment. See D.C. Code § 22-402.
[6] See Training Institute on Strangulation Prevention, Strangulation in Intimate Partner Violence Fact Sheet (2017) (available at https://www.familyjusticecenter.org/resources/strangulation-intimate-partner-violence-fact-sheet/).
[7] Gael Strack and Casey Gwinn, Strangulation and Domestic Violence: The Edge of Homicide, Domestic Violence Report, at 90 (August/September 2014) (available at https://www.familyjusticecenter.org/wp-content/uploads/2019/05/DV-Report-8.2014.pdf) (emphasis in original; internal citations omitted).
[8] Id. at 93. Similarly, research conducted by Nancy Glass, PhD, MPH, RN at Johns Hopkins University found that “[w]omen who were the victims of completed or attempted homicide were far more likely to have a history of strangulation compared to the abused control women.” Nancy Glass et al., Non-Fatal Strangulation Is an Important Risk Factor for Homicide of Women, Journal of Emergency Medicine, 35(3) (2008) (available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2573025/). Glass’s research found that “strangulation is a relatively prevalent form of violence toward women who experience physical violence in an abusive relationship (a finding consistent with the sparse literature on the subject) and is a significant predictor for future lethal violence.” Id.
In her book No Visible Bruises: What We Don’t Know About Domestic Violence Can Kill Us, Rachel Louise Snyder also focuses on the dangers of strangulation: “Those strangled to the point of losing consciousness are at their highest risk of dying in the first twenty-four to forty-eight hours after the incident from strokes, blood clots, or aspiration (choking on their own vomit). Such incidents can cause brain injury—mild or traumatic—not only by cutting off oxygen to the brain, but because they are often accompanied by blunt force trauma to the head. Still, domestic violence victims are not routinely screened for strangulation or brain injury in emergency rooms, and the victims themselves, who tend to have poor recall of the incident, are often not even aware that they’ve lost consciousness.” Snyder at 65–66 (citations omitted).
[9] Those states are: Alabama, Ala. Crim. Code § 13A-6-138; Connecticut, Conn. Gen. Stat. § 53a-64aa; Delaware, Del. Code Ann. tit. 11, § 607; Florida, Fla. Stat. § 784.041; Idaho, Idaho Code § 18-923; Indiana, Ind. Code § 35-42-2-9; Kentucky, Ky. Rev. Stat. Ann. § 508; Massachusetts, Mass. Gen. Laws ch. 265, § 15D; Michigan, Mich. Comp. Laws. § 750.84; Minnesota, Minn. Stat. § 609.2247; Montana, Mont. Code Ann. § 45-5-215; Nebraska, Neb. Rev. Stat. § 28-310.01; New York, N.Y. Penal Law §§ 121.11 – 121.13; North Carolina, N.C. Gen. Stat. § 14-32.4; Oregon, Or. Rev. Stat. § 163.187; Pennsylvania, Pa. Cons. Stat. § 2718; Rhode Island, RI. Code R. § 11-5-2.3; Virginia, Va. Code Ann. § 18.2-51.6; West Virginia, W. Va. Code § 61-2-9d; Wisconsin, Wis. Stat. § 940.235; and Wyoming, Wyo. Stat. Ann. § 6-2-509.
[10] Those states are: Alaska, Alaska Stat. §§ 11.41.201 et seq.; 11.81.900 (including strangulation as a means of committing felony-level assault); Arizona, Ariz. Rev. Stat. § 13-1204 (same); Arkansas, Ark. Code § 5-13-204 (same); California, Cal. Penal Code § 273.5 (including strangulation-related injury in a domestic violence context as a means of committing felony-level offense); Colorado, Colo. Rev. Stat. § 18-3-202 (including strangulation-related serious bodily injury as a means of committing felony-level assault); Georgia, Ga. Code § 16-5-21 (including strangulation as a means of committing felony-level assault); Hawaii, Haw. Rev. Stat. § 709-906 (including strangulation in a domestic violence context as a means of committing felony-level offense); Illinois, Il. Comp. Stat. § 5/12-3.3 (same); Iowa, Iowa Code § 708.2A (including strangulation in a domestic violence context as a means of committing aggravated misdemeanor, or as a means of committing felony-level offense if strangulation resulted in bodily injury); Kansas, Kan. Stat. Ann. § 21-5414 (including strangulation in a domestic violence context as a means of committing felony-level offense); Louisiana, La. Stat. Ann. § 14:35.3 (same); Maine, Me. Rev. Stat. tit. 17-A, § 208 (including strangulation-related injury as a means of committing felony-level assault); Maryland, Md. Code Ann., Crim. Law § 3-202 (including strangulation as a means of committing felony-level offense); Mississippi, Miss. Code § 97-3-7 (including strangulation in a domestic violence context as a means of committing felony-level assault); Missouri, Mo. Rev. Stat. § 565.073 (including strangulation in a domestic violence context resulting in physical injury as a means of committing felony-level assault); Nevada, Nev. Rev. Stat. § 200.481 (including strangulation as a means of committing felony-level offense); New Hampshire, N.H. Rev. Stat. § 631:2 (including strangulation as a means of committing felony-level assault); New Jersey, N.J. Rev. Stat. § 2c:12-1 (including strangulation as a means of committing felony-level assault); New Mexico, N.M. Stat. § 30-3-16 (including strangulation in a domestic violence context as a means of committing felony-level offense); North Dakota, N.D. Cent. Code §§ 12.1-01-04(27), 12.1-17-02 (including strangulation-related injury as a mean of committing felony-level assault); Oklahoma, Okla. Stat. tit. 21, § 644 (including strangulation in a domestic violence context as a means of committing felony-level assault); South Dakota, S.D. Codified Laws § 22-18-1.1 (including strangulation as a means of committing felony-level assault); Tennessee, Tenn. Code § 39-13-102 (same); Texas, Tex. Penal Code Ann. § 22.01 (including strangulation in a domestic violence context as a means of committing felony-level assault); Utah, Utah Code § 76-5-103 (including strangulation as a means of committing felony-level assault); Vermont, Vt. Stat. tit. 13, § 1024 (same); Washington, Wash. Rev. Code Ann. § 9A.36.021 (same). Federal law also criminalizes strangulation as a felony, 18 U.S.C. § 113(a)(8), and U.S. Sentencing Commission Guidelines create an enhancement for an aggravated assault that involved the use of strangulation. U.S. Sentencing Guidelines Manual § 2A2.2(b)(4) (U.S. Sentencing Comm’n 2018). A survey of all state laws regarding strangulation can be found on the website of the Training Institute on Strangulation Prevention, located at https://www.strangulationtraininginstitute.com/resources/legislation-map.
[11] In their final recommendations to the Mayor and Council, the D.C. Criminal Code Reform Commission (CCRC) made strangulation-related injuries eligible for felony prosecution by defining “significant bodily injury” to include “a contusion, petechia, or other bodily injury to the neck or head sustained during strangulation or suffocation.” Report #70—Criminal Code Reform Commission (CCRC) Recommendations for the Council and Mayor (Voting Draft) at 57. “Bodily injury” is defined as “physical pain, physical injury, illness, or impairment of physical condition.” Id. at 44. “Strangulation or suffocation” is defined as “a restriction of normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth.” Id. at 58. In recommending that strangulation-related injuries qualify as felony conduct, the CCRC’s Commentary states: “The including of a contusion (bruise) or other bodily injury to the neck or head sustained during ‘strangulation or suffocation,’ as defined in RCC § 22E-701, reflects the heightened seriousness of such injuries, particularly in light of research indicating such injuries are often linked to more serious patterns of violence.” Report #70 – CCRC Recommendations for the Council and Mayor, Commentary on Subtitle I. General Part, Chapter 7, at 647–48 (citing to Nancy Glass et al., Non-Fatal Strangulation Is an Important Risk Factor for Homicide of Women).
[12] As Dr. Glass found, “[n]on-fatal strangulation, as opposed to other severe forms of physical violence such as striking with fists or another object, frequently leaves little in the way of observable injury, yet can result in serious physical and mental health consequences.” Nancy Glass et al., Non-Fatal Strangulation Is an Important Risk Factor for Homicide of Women.
[13] In her book No Visible Bruises, Ms. Snyder stated that, according to Casey Gwinn, “every jurisdiction that has prosecuted strangulation as a felony with a multidisciplinary team has seen a drop in homicides.” Snyder at 68.
[14] This violation is punishable by up to 6 months’ imprisonment, and up to a $1,000 fine. D.C. Code § 23-1329(c).
[15] The applicability of this provision is limited to “[a] person who has been conditionally released pursuant to section 23-1321.” D.C. Code § 23-1329(a). As its heading indicates, D.C. Code § 23-1321 applies to those who are released “prior to trial.” D.C. Code § 23-1321 also applies to those who are on release awaiting sentencing. See D.C. Code § 23-1325(b).
[16] In Jones v. United States, the D.C. Court of Appeals held that the use of the general contempt power in D.C. Code § 11-944(a) was “inappropriate” to punish a violation of a condition of probation, and that “violation of a condition of probation may be sanctioned only through revocation of probation and imposition of all or part of the original sentence.” 560 A.2d 513, 517 (D.C. 1989).
[17] This is particularly true in the intimate partner violence context, where research has shown that victims of intimate partner violence experienced a greater percentage of repeat violence than victims of other types of criminal behavior. See Barbara A. Oudekerk and Jennifer L. Truman, U.S. Dep’t of Justice, Bureau of Justice Statistics, Repeat Violent Victimization, 2005–14, at 6 (2017), available at bjs.gov/content/ pub/pdf/rvv0514.pdf. In addition, research shows that, for domestic violence abusers who reoffend, a majority do so shortly after their release from incarceration. See U.S. Dep’t of Justice, National Institute of Justice, Practical Implications of Current Domestic Violence Research: For Law Enforcement, Prosecutors and Judges, at 21 (June 2009), available at https://www.ncjrs.gov/pdffiles1/nij/225722.pdf.
[18] At that time, the WALES law enforcement database only included stay away orders issued as part of civil protection orders pursuant to D.C. Code § 16-1001 et seq. The WALES database did not include stay away orders issued as part of a criminal case, either pre-trial or post-disposition, so these stay away orders would not have been visible to MPD through this database. In addition, all documents in connection with criminal cases whose parties meet the definition of “intrafamily offense,” as that term is defined in D.C. Code § 16-1001(9) (which this case would), are not included in the Superior Court’s public website called “CourtView,” although those documents are available in the JUSTIS database. Accordingly, it would have been difficult for the responding officers to locate the post-conviction judgment and commitment order (with the stay away as a condition of probation and the term of probation). To rectify this issue, USAO personnel (including Intimate Partner Violence Prevention Initiative Ryan Creighton and others) have been actively working with Superior Court and MPD to have all stay away orders put into WALES so that law enforcement can access these orders through that system.
Two Indicted for $2 Million Scheme that Defrauded over 20 InvestorsRead the Press Release
An indictment charging a District of Columbia man and Connecticut woman with perpetrating an advance fee and investment fraud scheme that defrauded more than 20 victims of more than $2 million was unsealed today in the District of Columbia.
According to court documents, Paul Maucha, 56, of Washington, D.C., and Melisa Shapiro, 63, of Bridgeport, Connecticut, conspired to engage in a scheme through a shell company they controlled, American Eagle Services Group (AESG), to make numerous misrepresentations about AESG, its assets and its access to money and capital.
As alleged in the indictment, Maucha and Shapiro enriched themselves by falsely promising to provide victims with financing, surety bonds and investing opportunities through AESG and AESG related entities in exchange for advance fees. Maucha and Shapiro falsely claimed that AESG could make multimillion-dollar loans to victims and would convince the victims to pay a refundable “commitment fee” or “due diligence deposit” before the loans would be made. Because Maucha and Shapiro themselves spent the fees paid by the victims, they did not have the funds to issue refunds when they failed to fund the promised loans.
In addition, Maucha and Shapiro induced victims to give AESG money for placement in a high-yield investment program and then misappropriated large portions of the victims’ investments. Maucha and Shapiro also borrowed funds from at least one victim based on false representations about how the funds would be used and AESG’s ability to repay. Maucha and Shapiro concealed their scheme by lulling victims with false assurances about their promised financial services, AESG’s access to capital, and AESG’s ability to provide refunds.
Maucha and Shapiro are each charged with one count of conspiracy to commit wire fraud, three counts of wire fraud and two counts of engaging in monetary transactions in criminally derived property. If convicted, Maucha and Shapiro each face a maximum penalty of up to 20 years in prison for the conspiracy and wire fraud counts and up to 10 years for each count of engaging in monetary transactions in criminally derived property. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Channing D. Phillips for the District of Columbia; and Special Agent in Charge J. Chris Hacker of the FBI’s Atlanta Field Office made the announcement.
The FBI is investigating the case.
Assistant Chief William E. Johnston and Trial Attorney Kyle W. Maurer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Joshua S. Rothstein for the District of Columbia are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Indicted for $2 Million Scheme That Defrauded over 20 InvestorsRead the Press Release
WASHINGTON – An indictment charging a District of Columbia man and Connecticut woman with perpetrating an advance fee and investment fraud scheme that defrauded more than 20 victims of more than $2 million was unsealed today in the District of Columbia.
According to court documents, Paul Maucha, 56, of Washington, D.C., and Melisa Shapiro, 63, of Bridgeport, Connecticut, conspired to engage in a scheme through a shell company they controlled, American Eagle Services Group (AESG), to make numerous misrepresentations about AESG, its assets, and its access to money and capital.
As alleged in the indictment, Maucha and Shapiro enriched themselves by falsely promising to provide victims with financing, surety bonds, and investing opportunities through AESG and AESG related entities in exchange for advance fees. Maucha and Shapiro falsely claimed that AESG could make multimillion-dollar loans to victims and would convince the victims to pay a refundable “commitment fee” or “due diligence deposit” before the loans would be made. Because Maucha and Shapiro themselves spent the fees paid by the victims, they did not have the funds to issue refunds when they failed to fund the promised loans.
In addition, Maucha and Shapiro induced victims to give AESG money for placement in a high-yield investment program and then misappropriated large portions of the victims’ investments. Maucha and Shapiro also borrowed funds from at least one victim based on false representations about how the funds would be used and AESG’s ability to repay. Maucha and Shapiro concealed their scheme by lulling victims with false assurances about their promised financial services, AESG’s access to capital, and AESG’s ability to provide refunds.
Maucha and Shapiro are each charged with one count of conspiracy to commit wire fraud, three counts of wire fraud and two counts of engaging in monetary transactions in criminally derived property. If convicted, Maucha and Shapiro each face a maximum penalty of up to 20 years in prison for the conspiracy and wire fraud counts and up to 10 years for each count of engaging in monetary transactions in criminally derived property. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Channing D. Phillips for the District of Columbia; and Special Agent in Charge J. Chris Hacker of the FBI’s Atlanta Field Office made the announcement.
Maryland Woman Sentenced to Prison for Defrauding Medicaid Program Out of Hundreds of Thousands of DollarsRead the Press Release
WASHINGTON – Folashade Adufe Horne, 52, of Laurel, Maryland, was sentenced today to 13 months in prison for defrauding the D.C. Medicaid program out of more than $370,000.
The announcement was made by Acting U.S. Attorney Channing D. Phillips; James A. Dawson, Special Agent in Charge, FBI Washington Field Office, Criminal Division; Maureen R. Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C.; and Daniel W. Lucas, Inspector General for the District of Columbia.
In February, Horne pled guilty to health care fraud in the United States District Court for the District of Columbia. The Honorable Reggie B. Walton, who presided over her plea hearing, imposed the 13-month sentence. Judge Walton also ordered Horne to pay $373,564 in restitution and a $267,567 forfeiture money judgment.
At various times between January 2014 and June 2020, Horne was employed by four different home health agencies to serve as a personal care aide for D.C. Medicaid beneficiaries. Horne also was employed full-time by Howard University Hospital during this same period. The home health agencies employed Horne to assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating. Horne was supposed to document the care she provided to the Medicaid beneficiaries on timesheets and then submit the timesheets to the home health agencies, which would in turn bill Medicaid for the services that she rendered.
Horne acknowledged that between January 2014 and June 2020, she caused the D.C. Medicaid Program to issue payments totaling $373,564 for services that she did not render. As part of her fraud scheme, she submitted false timesheets to different home health agencies purporting that she provided personal care aide services that she did not provide. She claimed she provided such services during times when she actually was working her shift as a full-time employee at Howard. She claimed to work more than twenty hours in a given day on more than 200 occasions, including 28 days when she asserted that she provided 32 hours of PCA services. She also claimed to provide personal care aide services in the District of Columbia on days when she was not even in the United States.
The FBI, the Department of Health and Human Services’ Office of Inspector General, the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit, and the U.S. Attorney’s Office are committed to investigating and prosecuting individuals who defraud the D.C. Medicaid program. Since October 2019, six former personal care aides have been sentenced in U.S. District Court for defrauding Medicaid. A seventh former personal care aide, Charlotte Etongwe, is scheduled to be sentenced next week. Cases against two other personal care aides remain outstanding.
The government counts on the public for tips and assistance in helping stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at (800) HHS‑TIPS [(800) 447-8477].
Assistant U.S. Attorney Kondi Kleinman of the Fraud Section prosecuted the case.
USDA Official Admits Receiving Bribes in Exchange for Preferential Treatment in the Award of Security ContractsRead the Press Release
WASHINGTON – Richard Holman, a 69-year-old Virginia resident and former Chief of the United States Department of Agriculture (“USDA”) Office of Homeland Security and Emergency Coordination, Physical Security Division, pled guilty today in federal court in the District of Columbia to one count of bribery.
According to court papers, between July 2013 and December 2015, Eric Schneider and Communications Resources, Inc. (CRI) gave Holman and other USDA officials Corvette wheels, concert tickets, PGA tour tickets, meals, alcohol, strip clubs, parking, concierge medical services, prescription drugs, and other cash tips. In exchange, Holman gave Eric Schneider and CRI preferential treatment in the award of USDA contracts worth over $19 million. As part of the scheme, CRI employees drafted procurement documents in such a way as to favor the award of a multi-million dollar contract to CRI, and USDA officials used the documents in the procurement process as if they prepared them.
Holman pled guilty in United States District Court for the District of Columbia. United States District Judge Carl J. Nichols is presiding over the case. Sentencing is scheduled for August 10, 2021. The maximum penalty for bribery is 15 years in prison and a fine of not more than $250,000 or twice the pecuniary gain or loss of the offense. Schneider plead guilty to conspiracy and obstruction for his role in the scheme last year.
The Washington Field Office of the Federal Bureau of Investigation, and the Beltsville Field Office of the United States Department of Agriculture, Office of the Inspector General (OIG) investigated the case, along with assistance from the Department of Health and Human Services OIG, the Department of State OIG and the Small Business Administration OIG. Assistant United States Attorney Elizabeth Aloi of the Public Corruption and Civil Rights Section is prosecuting the case.
Former Treasurer and Comptroller of the Universal Ballet Foundation Pleads Guilty in $1.5 Million Bank Fraud MatterRead the Press Release
WASHINGTON – Sophia Kim, a/k/a “Sophia Kim Sebold” and “Sookyeong Kim Sebold”, 60, the former Treasurer and Comptroller for the Universal Ballet Foundation, which operated the Kirov Academy of Ballet, pled guilty today to a charge stemming from her embezzlement of $1,501,285.13, announced Acting U.S. Attorney Channing D. Phillips.
Kim, of Temple Hills, Maryland, pled guilty in the U.S. District Court for the District of Columbia to Bank Fraud. The Honorable Rudolph Contreras scheduled sentencing for September 15, 2021. The charge carries a statutory penalty of up to thirty years in prison and a fine of up to $1,000,000 or twice the pecuniary gain or loss of the offense.
“For nearly a year, this defendant used her trusted position to fleece her nonprofit employer for 1.5 million dollars,” said Acting U.S. Attorney Phillips. “We have no tolerance for offenders raiding the coffers of the businesses and institutions that make our District great.”
“Kim treated her company’s funds as her own personal bank account, even using it to fund a gambling spree,” said Timothy Thibault, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division. “The FBI is committed to rooting out and bringing to justice those who commit this kind of unconscionable financial fraud that harms our communities’ businesses.”
According to a statement of offense submitted to the Court, Kim was employed as the Treasurer and Comptroller for the Universal Ballet Foundation, which operated the Kirov Academy of Ballet (“KAB”), a 501(c)(3) organization located in the District of Columbia. Kim admitted that, between approximately January 2018 and September 2018, she misappropriated approximately $1,501,285.12 from KAB’s bank accounts through unauthorized check, debit, and credit card transactions. This consisted of: (1) 68 unauthorized checks to “Cash” or to “Sophia Kim,” in whole-dollar amounts ranging from $500 to $12,000, totaling approximately $377,200; (2) 197 unauthorized debits and cash withdrawals, totaling approximately $479,283; and (3) 139 unauthorized credit card transactions, totaling approximately $681,751. Notably, 120 unauthorized debits and withdrawals and 120 credit card charges at MGM National Harbor Casino in Oxon Hill, MD, totaling approximately $1,068,026.
In announcing the plea, Acting U.S. Attorney Phillips acknowledged the work of Paralegal Angeline Thekkumthala of the U.S. Attorney’s Office, as well as Assistant U.S. Attorneys Joshua Rothstein and David Kent, who investigated and prosecuted this matter.
New York Man Pleads Guilty to $4 Million Extortion SchemeRead the Press Release
WASHINGTON – Robert Evans, 33, of New York, N.Y., pled guilty today to participating in a $4 million extortion, fraud, and money laundering scheme with his ex-common-law wife and members of his family, including his parents. The guilty plea was announced by Acting U.S. Attorney Channing D. Phillips and James A. Dawson, Special Agent in Charge of the FBI Washington Field Office Criminal Division.
In April 2018, a federal grand jury indicted Evans, his common-law ex-wife Gina Rita Russell, his brothers Tony John Evans and Corry Blue Evans, and his parents Archie Kaslov and Candy Evans on various charges related to the scheme. With the exception of Corry Blue Evans, each defendant has pled guilty.
As part of the scheme, a New York woman conspired with Robert Evans, Russell, Tony John Evans, Corry Blue Evans, and Kaslov to extort money and gold bars from a Maryland man, which caused the man to embezzle funds from his employer between January 2017 and March 2017. The man converted embezzled funds to cash and gold bars. He delivered the money and gold bars to New York drop-off locations, including a hotel room, believing the funds were going to mobsters to whom the New York woman owed money. At one point during the scheme, Tony John Evans spoke to the man on the phone and threatened him by asking if he needed to remind the man where his kids went to school and where the man lived.
In reality, all of the funds the man embezzled and delivered to New York went to members of the Evans-Kaslov family. Among other things, Robert Evans arranged the logistics of a $500,000 cash payment, which involved renting hotel rooms, retrieving the cash after the Maryland man delivered it, and taking the cash to a co-conspirator’s residence.
Like Robert Evans, Tony John Evans and Russell pled guilty to interference with interstate commerce by extortion, in violation of 18 U.S.C. § 1951. Tony John Evans was sentenced to five years in prison and is currently serving his sentence. Russell has not yet been sentenced.
Kaslov pled guilty to conspiracy to commit wire fraud, in violation of 18 U.S.C. § 371, and admitted to driving family members around New York with cash obtained from the scheme, selling gold bars for cash, and traveling to Texas to purchase a Rolls Royce Phantom Drophead for more than $300,000 in cash. In January 2020, Kaslov and Candy Evans sold that Rolls Royce in New Jersey for $120,000.
Candy Evans pled guilty to tampering with a witness by corrupt persuasion or misleading conduct, in violation of 18 U.S.C. § 1512(b)(3). As part of her guilty plea, she admitted that once the FBI launched its investigation, she counseled the New York woman whom the Maryland man met on Backpage to lie to people, including the FBI. In October 2017, two days after the FBI executed search warrants at various Evans-Kaslov family members’ residences, Candy Evans called an FBI special agent who was investigating the case and told him that Kaslov and two of her other sons had not done anything illegal, which she acknowledged was false, and that it was just Tony John Evans, Russell, and the New York woman who had committed the crimes. In November 2017, Candy Evans also instructed Russell to lie to the FBI. Kaslov and Candy Evans are scheduled to be sentenced on June 10, 2021.
The maximum sentence for interference with interstate commerce by extortion is twenty years in prison. Under federal sentencing guidelines, however, the likely recommended sentence for Robert Evans on that charge is 57 to 71 months in prison. The Honorable Emmet G. Sullivan, who accepted his guilty plea, scheduled sentencing for September 30, 2021.
In announcing the guilty plea, Acting U.S. Attorney Phillips and Special Agent in Charge Dawson commended the work of those who investigated the case from the FBI’s Washington Field Office. They expressed appreciation for assistance provided by the U.S. Department of Justice Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Diane Lucas and Arvind Lal, who are assisting with forfeiture issues, Paralegal Specialist Stephanie Frijas, former Paralegal Specialists Brittany Phillips, Joshua Fein, Jessica Mundi, and Kristy Penny, and Forensic Accountant Bryan Snitselaar.
Finally, they commended the work of Assistant U.S. Attorneys David Kent and Kondi Kleinman, who investigated and are prosecuting the case.
Individual Arrested and Charged with Operating Notorious Darknet Cryptocurrency “Mixer”Read the Press Release
A dual Russian-Swedish national was arrested Tuesday at Los Angeles International Airport on criminal charges related to his alleged operation of the longest-running bitcoin money laundering service on the darknet.
According to court documents, Roman Sterlingov, 32, operated Bitcoin Fog since 2011. Bitcoin Fog was the longest-running cryptocurrency “mixer,” gaining notoriety as a go-to money laundering service for criminals seeking to hide their illicit proceeds from law enforcement. Over the course of its decade-long operation, Bitcoin Fog moved over 1.2 million bitcoin – valued at approximately $335 million at the time of the transactions. The bulk of this cryptocurrency came from darknet marketplaces and was tied to illegal narcotics, computer fraud and abuse activities, and identity theft.
Sterlingov is charged by complaint with money laundering, operating an unlicensed money transmitting business, and money transmission without a license in the District of Columbia.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Channing D. Phillips of the District of Columbia; Acting Special Agent in Charge Darrell J. Waldon of IRS-Criminal Investigation (IRS-CI); and Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office made the announcement.
The IRS-CI District of Columbia Cyber Crime Unit and the FBI Washington Field Office are investigating the case. Essential support was provided by Excygent; the IRS-CI Los Angeles Field Office, Van Nuys Post of Duty; FBI Los Angeles Field Office; Homeland Security Investigations; Customs and Border Patrol; the U.S. Attorneys’ Offices for the Central District of California, Northern District of California, and Southern District of New York; and the Financial Crimes Enforcement Network of the U.S. Department of Treasury. The Department of Justice’s Office of International Affairs provided invaluable assistance, as did Europol; the Swedish Economic Crime Authority, the Swedish Prosecution Authority, and the Swedish Police; and the General Inspectorate of Romanian Police, Directorate for Combatting Organized Crime and the Directorate for Investigating Organized Crime and Terrorism.
Trial Attorney C. Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Christopher B. Brown of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case, with assistance from Paralegal Specialist Chad Byron. Former Assistant U.S. Attorneys Youli Lee and Zia Faruqui made invaluable contributions during their tenures on the case team. The team also appreciates the previous support of Trial Attorney S. Riane Harper of the Computer Crime and Intellectual Property Section; Paralegal Specialist Kenny Nguyen; former Paralegal Specialists Toni Anne Donato and Bianca Evans; and former Assistant U.S. Attorney Allen O’Rourke over the course of this long-running investigation.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Individual Arrested and Charged with Operating Notorious Darknet Cryptocurrency "Mixer"Read the Press Release
WASHINGTON - A dual Russian-Swedish national was arrested Tuesday at Los Angeles International Airport on criminal charges related to his alleged operation of the longest-running bitcoin money laundering service on the darknet.
According to court documents, Roman Sterlingov, 32, operated Bitcoin Fog since 2011. Bitcoin Fog was the longest-running cryptocurrency “mixer,” gaining notoriety as a go-to money laundering service for criminals seeking to hide their illicit proceeds from law enforcement. Over the course of its decade-long operation, Bitcoin Fog moved over 1.2 million bitcoin – valued at approximately $335 million at the time of the transactions. The bulk of this cryptocurrency came from darknet marketplaces and was tied to illegal narcotics, computer fraud and abuse activities, and identity theft.
Sterlingov is charged by complaint with money laundering, operating an unlicensed money transmitting business, and money transmission without a license in the District of Columbia.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Channing D. Phillips of the District of Columbia; Acting Special Agent in Charge Darrell J. Waldon of IRS-Criminal Investigation (IRS-CI); and Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office made the announcement.
The IRS-CI District of Columbia Cyber Crime Unit and the FBI Washington Field Office are investigating the case. Essential support was provided by Excygent; the IRS-CI Los Angeles Field Office, Van Nuys Post of Duty; FBI Los Angeles Field Office; Homeland Security Investigations; Customs and Border Patrol; the U.S. Attorneys’ Offices for the Central District of California, Northern District of California, and Southern District of New York; and the Financial Crimes Enforcement Network of the U.S. Department of Treasury. The Department of Justice’s Office of International Affairs provided invaluable assistance, as did Europol; the Swedish Economic Crime Authority, the Swedish Prosecution Authority, and the Swedish Police; and the General Inspectorate of Romanian Police, Directorate for Combatting Organized Crime and the Directorate for Investigating Organized Crime and Terrorism.
Trial Attorney C. Alden Pelker of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Christopher B. Brown of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case, with assistance from Paralegal Specialist Chad Byron. Former Assistant U.S. Attorneys Youli Lee and Zia Faruqui made invaluable contributions during their tenures on the case team. The team also appreciates the previous support of Trial Attorney S. Riane Harper of the Computer Crime and Intellectual Property Section; Paralegal Specialist Kenny Nguyen; former Paralegal Specialists Toni Anne Donato and Bianca Evans; and former Assistant U.S. Attorney Allen O’Rourke over the course of this long-running investigation.
Former Executive Director of the Delta Sigma Theta Sorority, Inc. and Husband Plead Guilty to Bank FraudRead the Press Release
WASHINGTON – Jeanine Henderson Arnett, 43, the former Executive Director of Delta Sigma Theta Sorority, Inc., and her husband, Diallo Arnett, 47, pled guilty on April 20, 2021 and April 28, 2021, respectively, to a charge stemming from her embezzlement of over $150,000, announced Acting U.S. Attorney Channing D. Phillips.
Jeanine Henderson Arnett and Diallo Arnett, of the Commonwealth of Virginia, pled guilty in the U.S. District Court for the District of Columbia to Bank Fraud. The Honorable Randolph D. Moss scheduled sentencing for July 29, 2021. The charge carries a statutory penalty of up to thirty years in prison and a fine of up to $1,000,000 or twice the pecuniary gain or loss of the offense.
“While Delta Sigma Theta and its members were committed to a mission of public service, the defendants were committed to a mission of personal benefit, stealing hundreds of thousands of dollars to use for their own pleasure” said Acting U.S. Attorney Phillips. “The defendants – and others who steal from non-profit organizations to enrich themselves – will be caught, prosecuted, and punished for the damage they cause.”
“The Arnetts pleaded guilty to stealing money from this historic women’s organization and used the funds for their own benefit,” said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office Criminal Division. “Their selfish actions not only betrayed the dedicated members, but also dishonored the core mission and values of the sorority.”
According to the statements of offense submitted to the Court, Jeanine Henderson Arnett was employed as the Executive Director of Delta Sigma Theta Sorority, Inc., a 501(c)(7) organization located in the District of Columbia. Jeanine Henderson Arnett and Diallo Arnett admitted that, between approximately October 3, 2017 and September 15, 2019, she misappropriated more than $150,000 from Delta Sigma Thetas’s bank accounts through, among other things, ACH money transfers and credit card transactions. This included unauthorized and fraudulent charges for personal items and expenses at, among other places, Amazon, Avis Rent a Car, Century Twenty-One, Coach, GEICO, and T-Mobile. In addition, the Arnetts used the Square Cash App to make 9 transactions to transfer $14,162.50 to their account.
In announcing the plea, Acting U.S. Attorney Phillips acknowledged the work of Paralegal Angeline Thekkumthala of the U.S. Attorney’s Office, as well as Assistant U.S. Attorneys Joshua Rothstein and David Kent, who investigated and prosecuted this matter.
Department of Justice Closes Investigation into the Death of Ashli BabbittRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia and the Civil Rights Division of the U.S. Department of Justice will not pursue criminal charges against the U.S. Capitol Police officer involved in the fatal shooting of 35-year-old Ashli Babbitt, the Office announced today.
The U.S. Attorney’s Office for the District of Columbia’s Public Corruption and Civil Rights Section and the Civil Rights Division, with the Metropolitan Police Department’s Internal Affairs Division (IAD), conducted a thorough investigation of Ms. Babbitt’s shooting. Officials examined video footage posted on social media, statements from the officer involved and other officers and witnesses to the events, physical evidence from the scene of the shooting, and the results of an autopsy. Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution. Officials from IAD informed a representative of Ms. Babbitt’s family today of this determination.
The investigation determined that, on January 6, 2021, Ms. Babbitt joined a crowd of people that gathered on the U.S. Capitol grounds to protest the results of the 2020 presidential election. Inside the Capitol building, a Joint Session of Congress, convened to certify the results of the Electoral College vote, was underway. Members of the crowd outside the building, which was closed to the public during the Joint Session, eventually forced their way into the Capitol building and past U.S. Capitol Police (USCP) officers attempting to maintain order. The Joint Session was stopped, and the USCP began evacuating members of Congress.
The investigation further determined that Ms. Babbitt was among a mob of people that entered the Capitol building and gained access to a hallway outside “Speaker’s Lobby,” which leads to the Chamber of the U.S. House of Representatives. At the time, the USCP was evacuating Members from the Chamber, which the mob was trying to enter from multiple doorways. USCP officers used furniture to barricade a set of glass doors separating the hallway and Speaker’s Lobby to try and stop the mob from entering the Speaker’s Lobby and the Chamber, and three officers positioned themselves between the doors and the mob. Members of the mob attempted to break through the doors by striking them and breaking the glass with their hands, flagpoles, helmets, and other objects. Eventually, the three USCP officers positioned outside the doors were forced to evacuate. As members of the mob continued to strike the glass doors, Ms. Babbitt attempted to climb through one of the doors where glass was broken out. An officer inside the Speaker’s Lobby fired one round from his service pistol, striking Ms. Babbitt in the left shoulder, causing her to fall back from the doorway and onto the floor. A USCP emergency response team, which had begun making its way into the hallway to try and subdue the mob, administered aid to Ms. Babbitt, who was transported to Washington Hospital Center, where she succumbed to her injuries.
The focus of the criminal investigation was to determine whether federal prosecutors could prove that the officer violated any federal laws, concentrating on the possible application of 18 U.S.C. § 242, a federal criminal civil rights statute. In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Ms. Babbitt of a right protected by the Constitution or other law, here the Fourth Amendment right not to be subjected to an unreasonable seizure. Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully,” which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law. As this requirement has been interpreted by the courts, evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required under Section 242.
The investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242. Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber. Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter.
D.C. Woman Pleads Guilty to Defrauding Two Non-Profit OrganizationsRead the Press Release
WASHINGTON – Maxine Marie Williams, 49, of Washington, D.C., pled guilty on April 6, 2021 to attempting to steal more than $200,000 from two former employers, both non-profit organizations in the District of Columbia. The guilty plea was announced by Acting U.S. Attorney Channing D. Phillips, U.S Postal Inspector in Charge for the Washington Division Peter Rendina, and Metropolitan Police Department Acting Chief Robert J. Contee III.
Williams worked for one non-profit organization from approximately 2015 through March 2018. Her job responsibilities included processing donation checks that were mailed to the office, and preparing and mailing checks to vendors, service providers, and individuals. From November 2015 through March 2018, she stole 171 checks totaling $161,084.23 from the organization. Most of the checks were charitable contributions that were mailed to the organization’s office in Washington. Other checks consisted of outgoing payments from the organization to vendors, service providers, and individuals. Of the $161,084.23 in stolen checks, more than $140,000 was successfully deposited into accounts associated with Williams, including a $5,000 donor check that Williams deposited at an ATM in Hyattsville, Maryland.
After Williams was terminated from the first organization in March 2018, she secured employment with the second organization, a non-profit trade association headquartered in Washington. Between December 2018 and June 2019, Williams stole 33 checks totaling $43,398.93 from the second organization. She successfully deposited more than $38,000 into her bank account.
Williams pled guilty to one count of interstate transportation of stolen property, in violation of 18 U.S.C. § 2314. The maximum sentence for this offense is ten years of imprisonment. Under federal sentencing guidelines, however, Williams faces a likely recommended sentence of between 12 and 18 months in prison. As part of her plea agreement, she will be responsible for repaying the stolen funds. The Honorable Amit P. Mehta, who accepted Williams’ guilty plea, scheduled sentencing for July 13, 2021.
In announcing the plea, Acting U.S. Attorney Phillips, Inspector in Charge Rendina, and Acting Chief Contee commended the work of those who investigated the case from the U.S. Postal Inspection Service and Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia including Assistant U.S. Attorney Kondi Kleinman, Financial Analyst Bryan Snitselaar, Paralegal Specialist Michon Tart, and former Paralegal Specialist Brittany Phillips.
Statement of U.S. Attorney's Office for the District of Columbia before the D.C. Council regarding Record SealingRead the Press Release
Chairman Allen and Members of the Council:
My name is Elana Suttenberg, and I am the Special Counsel for Legislative Affairs at the United States Attorney’s Office for the District of Columbia. I thank you for the opportunity to appear today to share the Office’s views regarding the proposed legislation.
At the outset, I want to express my Office’s commitment to expanded record sealing and the simplification of the record sealing process. We recognize that, in many instances, the most fair and just result in a case is to allow a record to be sealed, so that the person who was arrested or charged is not unduly encumbered by a criminal record.
Consistent with the recognition that, in certain circumstances, the most fair and just result may not be a conviction, USAO offers a variety of diversion programs for defendants in DC Superior Court. The goal of our diversion programs is to maximize public safety, reduce recidivism, and enhance a fair and efficient criminal justice system. Pretrial diversion allows a defendant to receive services and treatment, and to participate in programming that benefits both the defendant and the community.[1] To ensure that more people can benefit from diversion, we also recently expanded pretrial diversion opportunities. For example, last year we expanded access to Mental Health Court to defendants accused of domestic violence offenses. We also expanded access to diversion for first-time defendants accused of certain felony offenses, offering them a pathway to a clean record. And past participation in diversion, whether successful or not, no longer acts as an automatic bar to future participation. Finally, consistent with our commitment to expanded record sealing, we plan to implement a policy whereby, when a first-time arrestee successfully completes diversion in an eligible case, USAO agrees to waive the typical waiting period so that a defendant can immediately move to seal the case after successfully completing diversion.
As to the bills under consideration today, there are several questions regarding record sealing that we will address. First, USAO will address the question of which offenses that do not result in convictions should be eligible for sealing, and which offenses that do result in convictions should be eligible for sealing. Second, we will address the question of what type of sealing is appropriate. Third, we will address the question of whether sealing should be automatic or by motion.
First, we examine the question of which offenses that do not result in convictions should be eligible for sealing, and which offenses that do result in convictions should be eligible for sealing. We support expanding sealing for offenses that do not result in a conviction in a manner similar to the approach of Mayor Bowser’s proposal in the Second Chance Amendment Act of 2021, introduced as Bill 24-0063.[2] Where the offense constituted a dangerous crime under D.C. Code § 23-1331(3), a crime of violence under D.C. Code § 23-1331(4), or where the victim in the case was a minor—that is, a person under 18 years old—we support allowing a person to seal that arrest or charge, but believe that a motion to seal, versus automatic sealing, should be required. It is important to include offenses that involve a minor in this category because, as especially vulnerable victims for whom the community owes a heightened duty, the community has a particular interest in being aware of these offenses. Where the offense did not constitute a dangerous crime under D.C. Code § 23-1331(3) or a crime of violence under D.C. Code § 23-1331(4), or where the victim was not a minor, and where the arrest or charge terminates without conviction after this legislation takes effect, we support automatic sealing; where the arrest or charge terminated without conviction before this legislation took effect, we support allowing a person to move to seal that arrest or charge.
By contrast, there should be a more limited category of offenses eligible for sealing where there is a conviction, which recognizes that the community has a greater interest in access to conviction records than non-conviction records.[3] Conviction records can be used to conduct background checks on individuals looking to purchase guns, work with children, or become employed in a position involving public trust. If a person were ineligible to obtain a gun as a result of a conviction, if a person were convicted of an offense involving a minor victim, if a person were convicted of sexual abuse, or if a person were convicted of an intrafamily offense, that conviction should not be eligible for sealing. Further, many of the offenses that are listed as “ineligible misdemeanors”[4] that are not eligible for sealing under current law relate to the safety of the community and should be available to the community. For example, the current list of “ineligible misdemeanors” that are not eligible for sealing includes misdemeanor sexual abuse, intrafamily offenses, misdemeanor offenses for which sex offender registration is required, failure to report child abuse, criminal abuse of a vulnerable adult, and other offenses. It may be appropriate to reevaluate some of the offenses that are deemed “ineligible misdemeanors” under current law, but we should recognize that many of the offenses on that list were included because they relate to a vulnerable population or relate to veracity. We therefore support sealing for all D.C. Code misdemeanors where there is a conviction, except: (1) many of the offenses included in the list of “ineligible misdemeanors” under current law, including sexual offenses and intrafamily offenses; (2) an offense where the victim in the case was a minor—that is, a person under 18 years old; and (3) an offense that would render a person ineligible to purchase a handgun under D.C. Code § 7-2502.03, which includes all felonies, certain weapons offenses, and certain misdemeanors committed within 5 years.
At the same time, for both convictions and non-convictions, we support eliminating the “disqualifying arrest or conviction” requirement that, under current law, precludes an individual from moving to seal an otherwise eligible offense if they have a subsequent “disqualifying arrest or conviction.” Removing this requirement will simplify and streamline the record sealing process to make it easier for a person to move to seal their record, and easier for the courts and attorneys to process these cases. Where a motion to seal is filed, it would still be appropriate for a court to consider the defendant’s criminal history—including subsequent arrests and convictions—as part of an “interests of justice” analysis, but those other arrests and convictions should not be an automatic bar to eligibility for sealing.
Second, we consider the question of what type of sealing is appropriate. We support record sealing that would allow a person’s publicly available criminal record to be limited. We do not, however, support expungement (as contrasted with sealing) or other limitations on sealing that would result in law enforcement being unable to access records. From a public access perspective, there is no difference between sealing and expungement—that is, a person with a sealed arrest or charge can answer questions to potential employers or others in the community with the same answer, and truthfully state that they have not been arrested, charged, or convicted. But sealed records, as opposed to expunged records, would remain available to law enforcement, including prosecutors, and other appropriate actors. From a law enforcement perspective, it is appropriate for prosecutors to rely on certain non-convictions—even if sealed—when making a charging decision. For example, in a domestic violence case, there may be multiple “no-papered” misdemeanor arrests against a defendant involving the same victim, even where the evidence could have supported the government filing charges. That abuse could escalate into more serious abuse, culminating in serious injury to the victim. When assessing what charges are appropriate, the previous “no-papered” arrests can be highly relevant to assessing a pattern and history of abuse. Further, there must be a mechanism for USAO to continue to be able to review a “no-papered” arrest, even if it is sealed. For example, USAO may decline to charge a case at the time of arrest, but continue to investigate the case through the grand jury and, if appropriate, file charges at a later time. USAO may also decline to charge a case at the time of arrest due to insufficient evidence, but file charges at a later point at any time before the statute of limitations expires if law enforcement later becomes aware of additional evidence or witnesses that would support a prosecution. In addition, we should consider what access victims should have to sealed records in cases in which they are victims, and what information prosecutors and law enforcement should be permitted to disclose to victims when a record is sealed.
Expungement, by contrast, would have adverse impacts that are not immediately apparent.[5] This would include an impact on USAO’s ability to locate and disclose potentially relevant Brady material—that is, material that is favorable to a defendant.[6] Sealing would help alleviate those Brady concerns. Closed files, including those that do not result in a conviction, sometimes contain Brady information, and USAO obtains that information from closed files. If those files were expunged, the government would not be able to access that material either for its own investigatory purposes or to disclose to the defense.[7] This would be a detriment to the defense at trial and to the government’s need to conduct a comprehensive investigation.
Further, for any sealed records, law enforcement needs to be able to access those records via electronic records keeping. Given that USAO processes approximately 20,000 arrests per year, we rely on our electronic records system to search our records. We need to ensure that cases that are sealed can continue to be investigated by the grand jury, and that the sealing provisions do not prohibit prosecutors from sharing sealed information with law enforcement and the grand jury. We need to ensure that these records are searchable through law enforcement databases and are available to law enforcement—including prosecutors—and community supervision agencies, such as the Pretrial Services Agency and the Court Services and Offender Supervision Agency. These community supervision agencies write reports at intake and before sentencing that, among other things, compile a defendant’s criminal history for the use of attorneys and the court to allow the court to conduct a comprehensive review of the defendant’s background and the circumstances of the case. Past convictions can be relevant to calculation of criminal history score under the DC Voluntary Sentencing Guidelines. When a defendant with a sealed record engages in subsequent criminal activity, previously sealed records should be available for use by the courts when making detention decisions and ascertaining an appropriate sentence, in a manner similar to how conviction set-asides are treated under the Youth Rehabilitation Act,[8] how juvenile case records are treated, and how certain sealed records are treated under current law.[9] Considering a defendant’s criminal history in its totality allows consideration of a defendant’s subsequent criminal activity in its appropriate context, and allows judges to consider all relevant facts in their decisions. Finally, we believe that it is important for the Council to ensure that any sealing legislation has a mechanism that allows a court to unseal a previously sealed record if, for example, a case that was originally “no-papered” is later charged, or if USAO needs to provide sealed records to the defense in a case.
Third, we address the question of whether sealing should be automatic or by motion. As discussed above, in a manner similar to the proposal in the Second Chance Amendment Act, we support the automatic sealing of non-convictions where the offense was not a crime of violence, dangerous crime, or crime that involved a minor victim, where the arrest or charge terminates without conviction after this legislation takes effect. Automatic sealing would mean that, absent an objection from the prosecutor, the record would be automatically sealed. Where the arrest or charge terminates without conviction before this legislation takes effect, however, sealing by motion is appropriate. There are two primary reasons for this distinction. The first reason is to give full weight to crime victims and crime victim rights, and the relationship between this sealing legislation and the Crime Victims’ Rights Act, which, among other things, provides that a victim has a right to be present at all court proceedings related to the offense, including record-sealing hearings.[10] Automatic retroactive sealing would make compliance with this provision virtually impossible, given the sheer volume of cases that would be eligible for sealing. The second reason is a logistical reality. Although automatic retroactive sealing may be well-intentioned, there would be hundreds of thousands of arrests and other non-convictions to process, which would involve the coordination of multiple agencies and the courts to implement. As to non-convictions where the offense was a crime of violence, dangerous crime, or crime that involved a minor victim, and as to convictions, sealing by motion remains appropriate. This allows a court to fully review each case to assess the offense and whether sealing is appropriate. When there is a motion to seal, we ask the Council to include an order for the government to respond.[11] This facilitates our processing of these cases, because absent a court order, we often do not become aware when a motion to seal is filed. It would also streamline and expedite the process if individuals looking to seal their records moved to seal all eligible offenses at the same time.
Finally, although the policy objectives of this legislation are laudable, we anticipate that the practical and logistical realities of both drafting and implementing this legislation will be complex, and many partners will need to be engaged to maximize efficiencies and streamline the process. We stand ready to work with the Council and our partners both to develop and successfully implement this legislation.
* * *
The U.S. Attorney’s Office for the District of Columbia commends the Council and the Mayor for their commitment to streamlining and enhancing record sealing in the District, and looks forward to continuing to work with the Council on this important issue.
[1] Although diversion options are varied and tailored to meet the needs of each case, victim, and defendant, options for diversion may include: completing an anger management class or a domestic violence intervention program; receiving mental health, alcohol, or drug treatment; staying away from and having no contact with a victim or a location; and/or completing community service. If a defendant successfully completes the diversion requirements, the case is dismissed, and the defendant does not have a conviction in that case. As appropriate, we also divert cases to the Superior Court Mental Health Community Court (Mental Health Court) or the Superior Court Drug Intervention Program (Drug Court). These voluntary treatment courts connect defendants with serious mental health issues or drug addictions to qualified treatment providers, with the goal of treating these individuals and keeping them out of the criminal justice system. More information about USAO’s diversion programs is available at https://www.justice.gov/usao-dc/diversion-programs.
[2] Under current law, the non-convictions eligible for sealing after a 2-year waiting period are offenses deemed “eligible misdemeanors,” see D.C. Code § 16-803(a), and the non-convictions eligible for sealing after a 3- or 4-year waiting period are characterized as “any other offense,” see D.C. Code § 16-803(b). Both types of non-convictions require that a person not have a “disqualifying arrest or conviction,” and can only be sealed following a motion to seal. There are various scenarios in which an arrest or a charge may not result in a conviction. For example: prosecutors may “no paper” an arrest and not file any charges; prosecutors may voluntarily dismiss a case, including as part of a global resolution involving guilty pleas in other pending cases; prosecutors may dismiss a case after a defendant successfully completes diversion; a court may dismiss a case; or a defendant may be found not guilty at trial.
[3] Under current law, the convictions eligible for sealing after an 8-year waiting period are offenses deemed “eligible misdemeanors” and “eligible felonies.” See D.C. Code § 16-803(c). These convictions require that a person not have a “disqualifying arrest or conviction.”
[4] See D.C. Code § 16-801(9).
[5] In addition, federal agencies have certain recordkeeping requirements that would prohibit them from destroying or disposing of their records in certain circumstances.
[6] See Brady v. Maryland, 373 U.S. 83 (1963).
[7] Exculpatory material can be present even in relatively low-level misdemeanor offenses. For example, if a case were originally investigated as a felony offense, a witness may have testified in the grand jury and perjured himself or herself. If a case went to trial as a misdemeanor offense, a witness may have perjured himself or herself at trial, or, regardless of whether it went to trial, a witness may have made inconsistent statements to police or prosecutors that could be exculpatory. The government should be able to access those prior statements to assess a witness’s credibility and to make disclosures to the defense. Even in a case of actual innocence, although the person who is found to be actually innocent should be entitled to seal their case records, law enforcement needs to be able to keep those case records. If, for example, a person were found to be actually innocent due to misidentification, prosecutors and law enforcement would need access to those case records in the event that the person who actually committed the offense is correctly identified and prosecuted. Moreover, if, for example, a person is found to be actually innocent due to a witness’s false or inconsistent statements originally incriminating that person, law enforcement should be aware of that witness’s false or inconsistent statements when investigating any subsequent case involving the same witness.
[8] See D.C. Code § 24-906(f).
[9] See D.C. Code § 16-806(b).
[10] See D.C. Code § 23-1901(b)(4).
[11] See, e.g., D.C. Code § 16-804(d), which provides: “The prosecutor shall not be required to respond to the motion unless ordered to do so by the Court….”
Opinion: D.C. should not disregard misdemeanor crimes -- but should keep focusing on rehabilitation programsRead the Press Release
A Washington Post Op-Ed by Channing D. Phillips Acting U.S. Attorney for the District of Columbia.
How should prosecutors treat nonviolent misdemeanors? As a result of the covid-19 pandemic, proceedings in most nonviolent misdemeanor cases in the U.S. Attorney’s Office for the District of Columbia were paused last year. In a Post op-ed last month, three Georgetown Law professors urged that this moratorium continue after the pandemic subsides, arguing that such prosecutions “inflict enormous harms” while resulting in “little good.” While well-intentioned, this recommendation is misguided.
First, it disregards the negative impact that criminal offenses have on District residents, and particularly on crime victims. Many misdemeanor offenses, whether committed against an intimate partner or against a stranger, make it harder for District residents and visitors to feel and be safe in their homes, businesses and neighborhoods.
Many victims of these offenses feel strongly, and understandably so, that the crimes against them should be prosecuted or, at a minimum, that there should be some form of accountability on the part of the offender. This can be true even where the crime is “nonviolent,” such as theft, violation of a stay-away order or destruction of property.
Second, while I agree with the assertion that many of the crimes are crimes of poverty, and thus symptoms of larger systemic issues, the solution is not simply to ignore or give a pass on the behavior. Instead, we should try to address the conduct that led the person to offend in the first instance. In this regard, our office is a national leader in advocating for rehabilitative-focused alternatives to traditional prosecution for many people who have committed misdemeanor offenses.
In addition, our prosecutors individually analyze every case presented. We do not file criminal charges following many arrests — particularly where the offense involves low-level conduct or where the defendant has a limited criminal history. When we do file charges, we decide whether to charge felonies or misdemeanors. Where key factors — such as victim wishes, limited criminal history and acceptance of responsibility support leniency — we frequently exercise discretion to charge or plead as misdemeanors those crimes that meet the elements of felony offenses.
And, for many misdemeanor offenses, we offer diversion so defendants can enter rehabilitation-focused programs, offering targeted help to the accused and the opportunity to avoid a criminal conviction.
For example, we have long collaborated with other District entities to treat defendants’ underlying drug addiction and mental health challenges, which can contribute to criminal behavior. In partnership with the Pretrial Services Agency, we refer many defendants charged with misdemeanor and some felony offenses to the D.C. Superior Court Mental Health Community Court or the Superior Court Drug Intervention Program, commonly called Drug Court. These voluntary treatment courts connect defendants suffering serious mental health issues or drug addictions to qualified treatment providers, with the goal of treating these individuals and keeping them out of the criminal justice system.
We also partner with the superior court to offer many defendants charged with misdemeanors the opportunity to complete community service, provide restitution to victims and not commit any new offenses for an agreed-upon period in exchange for dismissal of their cases.
Additionally, we work closely with the superior court’s diversion program, which offers defendants charged with misdemeanors the chance to avoid a criminal conviction by engaging in educational or employment programming. Defendants who complete these programs obtain a high school diploma or its equivalent, and are connected with career counseling programs.
We continually evaluate potential expansions to these diversion programs, which in 2019 alone benefited more than 1,200 defendants. For example, last year we expanded access to the Mental Health Community Court to defendants accused of domestic violence offenses. We also expanded access to diversion for first-time defendants accused of certain felony offenses, offering them a pathway to a clean record. Past participation in diversion, whether successful or not, no longer acts as an automatic bar to future participation.
This year, we are working to start restorative justice programs that allow victims and defendants to speak openly about crime and its effects. And we are also working to begin a diversion program focused on veterans, who often deal with unique challenges when they leave military service.
We support efforts to prevent crime, but also recognize the importance of accountability when those prevention efforts are not successful. We must acknowledge that crime affects everyone, and that our response must hold defendants accountable, while empowering them to make different choices in the future.
Sometimes, traditional tools of prosecution, including incarceration, are necessary. But frequently in misdemeanors, alternative approaches may work best. We will continue to use all the tools we possess to address the needs of everyone in the criminal justice system, regardless of offense, while keeping in mind: The correct response to crime is not to ignore it.
See link to article here: https://www.washingtonpost.com/opinions/2021/04/08/why-moratorium-misdemeanor-court-shouldnt-stay/
Wife of Hawaiian Non-Profit Executive Pleads Guilty Conspiring to Embezzle from AmeriCorpsRead the Press Release
WASHINGTON – Angelita Aipoalani, 42, of Waianae, Hawaii, pled guilty on April 1, 2021 in federal court to conspiring with her husband, Hanalei Aipoalani, to embezzle $69,000 from AmeriCorps and to fraudulently obtain more than $11,000 in AmeriCorps education grants.
The announcement was made by Acting U.S. Attorney Channing D. Phillips, Deborah Jeffrey, Inspector General of AmeriCorps, and Eli S. Miranda Special Agent in Charge, FBI Honolulu Field Office.
Angelita Aipoalani pled guilty to conspiracy to embezzle from AmeriCorps. That charge carries a statutory maximum of five years and financial penalties. Under the federal sentencing guidelines, Angelita Aipoalani faces a likely recommended sentence of between six and 12 months in prison. The Honorable Reggie B. Walton took the plea and scheduled sentencing for June 24, 2021.
Hanalei Aipoalani previously pled guilty on March 26, 2021 to embezzlement from AmeriCorps and agreeing to take a bribe relating to CARES Act funds. Both charges carry a statutory maximum of ten years and financial penalties. Under the federal sentencing guidelines, Aipoalani faces a likely recommended sentence of between 70 and 87 months in prison. Hanalei Aipoalani’s sentencing is set for June 24, 2021.
AmeriCorps is a federally funded network of national service programs that address critical community needs like increasing academic achievement, mentoring youth, fighting poverty, sustaining national parks, preparing for disasters, and more. AmeriCorps’ national service members commit to service for a set period of time, usually a year, in exchange for a living allowance, funding to be used for college tuition, and other benefits.
As part of her plea, Angelita Aipoalani admitted to fraudulently enrolling as an AmeriCorps member for multiple years, even though she did not perform the required AmeriCorps service activities. Angelita Aipoalani also admitted to conspiring with Hanalei Aipoalani to fraudulently obtain AmeriCorps education awards for herself even though she had not performed the required AmeriCorps service.
The Inspector General for AmeriCorps, the FBI, and the U.S. Attorney’s Office are committed to investigating and prosecuting individuals who defraud the AmeriCorps program. If you are aware of fraud, waste, or abuse affecting AmeriCorps or any of its programs, contact the AmeriCorps Office of Inspector General Hotline at 1-800-452-8210 or [email protected].
In announcing the plea, Acting U.S. Attorney Phillips, Inspector General Jeffrey, and Special Agent in Charge Miranda commended the work of those who investigated the case from the Inspector General for AmeriCorps and the FBI’s Honolulu Field office. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia including Assistant U.S. Attorneys Leslie A. Goemaat and Peter Lallas of the Fraud Section, Amanda Vaughn of the Public Corruption and Civil Rights Section, former Assistant U.S. Attorney Bianca Forde and Paralegal Specialists Mariela Andrade, Stephanie Frijas, and Joseph McClanahan.
Former State Department Employee Indicted for Concealing Information in Background InvestigationRead the Press Release
WASHINGTON – Paul Michael Guertin (“Guertin”), 40, of Arizona and former resident of Washington, DC, was indicted on March 29, 2021 by a federal grand jury in the District of Columbia for wire fraud and obstructing an official proceeding. The indictment was announced by Acting U.S. Attorney Channing D. Phillips and Special Agent in Charge Elisabeth Heller, of the U.S. Department of State, Office of Inspector General.
Guertin was a Foreign Service Officer who served on multiple State Department assignments, including overseas postings to U.S. diplomatic missions in Shanghai, China and Islamabad, Pakistan, and a posting to the Bureau of Intelligence and Research at State Department headquarters in Washington, DC. As a condition of his employment, Guertin was required to apply for and maintain a Top Secret security clearance. According to the indictment, Guertin intentionally concealed information on his SF-86 background investigation questionnaires and in interviews with State Department background investigators. He withheld information about several categories of conduct, including an undisclosed sexual relationship with a Chinese national, whose U.S. visa application was adjudicated by Guertin while he was serving as a consular officer in Shanghai, China; undisclosed gambling debts; and an undisclosed $225,000 loan from two Chinese nationals, who were directed by Guertin to provide $45,000 of the initial disbursement in the form of cash in $100 bills.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. A defendant is presumed innocent unless proven guilty.
This matter was investigated by the U.S. Department of State, Office of Inspector General and is being prosecuted by Assistant U.S. Attorneys Christopher Brown and Thomas Gillice, with assistance from Paralegal Specialist Chad Byron.
Former Nursing Home Employee and Home Health Aide Arrested in Two Separate Cases Involving Financial Exploitation of Elderly and Vulnerable AdultsRead the Press Release
WASHINGTON – Valerie Nicole Williams, 31, was arrested on March 22, 2021 and charged via criminal complaint with felony Financial Exploitation of an Elderly Person and Financial Exploitation of a Vulnerable Adult, in violation of D.C. Code § 22-933.01. On March 23, 2021, Mechille R. Akinkuotu (a.k.a. Mechille R. Tate), 53, was arrested and charged via criminal complaint with felony Financial Exploitation of an Elderly Person, in violation of the same code provision.
The announcement was made by Acting U.S. Attorney Channing D. Phillips; Karl Racine, Attorney General for the District of Columbia; and Daniel W. Lucas, Inspector General for the District of Columbia.
According to Court records, Williams was the Business Officer Coordinator at Transitions Healthcare Capital City, a skilled nursing facility in the District. Between October 2018 and August 2019, she used her position to steal $7,421 from seven elderly residents and four vulnerable adult residents at the facility. Williams forged the signatures of these residents to withdraw funds from the residents’ accounts managed by the facility. In two instances she also redirected money orders intended for residents into her own account.
Also according to Court records, Akinkuotu was the home health aide for an elderly man with limited mobility. Between January and April 2020, she stole $8,076.78 from the victim by using his debit card for unauthorized transactions including purchases at Target, Mary Kaye Cosmetics, and nail salons, as well as ATM withdrawals. Status hearings for both Williams and Akinkuotu have been scheduled for late August 2021.
A criminal complaint is merely an allegation, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
In announcing the relevant charges on March 22 and 23, 2021, Acting U.S. Attorney Phillips, Attorney General Racine, and Inspector General Lucas commended the work of those who investigated the cases from the District of Columbia’s Office of the Attorney General and Office of the Inspector General. They also cited the efforts of Special Assistant United States Attorney Jennifer C. Mika, on detail from the Office of the Attorney General to handle financial crimes cases involving elderly victims, who investigated and is prosecuting both cases for the U.S. Attorney’s Office for the District of Columbia.
This prosecution is part of the Office’s wider efforts to combat crimes against seniors and vulnerable adults. In 2018, the U.S. Attorney’s Office for the District of Columbia and the Office of the Attorney General for the District of Columbia simultaneously launched initiatives to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution of these cases and enhance its overall support of older or vulnerable victims. The team consists of experienced prosecutors and victim advocates from across the Office, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit. This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the Office of the Attorney General to prosecute cases of this kind.
Woman Pleads Guilty to Embezzling Money from D.C. Law FirmRead the Press Release
WASHINGTON – Katherine Emma Ross, 29, formerly of Washington, D.C., pled guilty today to embezzling hundreds of thousands of dollars from a D.C. law firm. The guilty plea was announced by Acting U.S. Attorney Channing D. Phillips, Matthew S. Miller, Special Agent in Charge of the United States Secret Service’s Washington Field Office, and Metropolitan Police Department Acting Chief Robert J. Contee III.
According to the Statement of Facts filed in conjunction with Ross’ guilty plea, Ross was employed by the Victim-Law-Firm as an hourly employee in a non-lawyer capacity. Without permission of the Victim-Law-Firm or its owner, Ross wrote checks to herself in amounts that she was not owed, forged signatures on those checks, and cashed the checks at bank branches in the District of Columbia, Virginia, and Maryland. She acknowledged that she stole at least $320,000 from the Victim-Law-Firm and its owner through her scheme.
Ross pled guilty to one count of bank fraud, in violation of 18 U.S.C. § 1344. The maximum sentence for bank fraud is thirty years of imprisonment. Under federal sentencing guidelines, however, she faces a likely recommended sentence of between 30 and 41 months in prison. The Honorable Reggie B. Walton, who accepted Ross’ guilty plea, scheduled sentencing for June 29, 2021.
In announcing the guilty plea, Acting U.S. Attorney Phillips, Special Agent in Charge Miller, and Acting Chief Contee commended the work of those who investigated the case from the Secret Service’s Washington Field Office and the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Michon Tart, Forensic Accountant Bryan Snitselaar, and Assistant United States Attorney Kondi Kleinman.
Oath Keeper Affiliates Charged in Superseding Indictment for Conspiracy Leading to the U.S. Capitol AttackRead the Press Release
Note: A full copy of the indictment can be viewed
here.WASHINGTON — Two individuals associated with the Oath Keepers, a large but loosely organized collection of individuals who explicitly focus on the recruitment of current and former military, law enforcement and first responder personnel, were indicted yesterday in federal court in the District of Columbia for conspiring to obstruct Congress, among other charges. James and Minuta are the 11th and 12th defendants to be charged in this case.
Joshua James, 33, of Arab, Alabama, was arrested on March 9, 2021 in Arab, Alabama; and Roberto Minuta, 36, of Prosper, Texas, was arrested on March 7, 2021, in Newburgh, New York. Both individuals were charged by superseding indictment with conspiracy, obstruction of an official proceeding, and entering and remaining in a restricted building or grounds. If convicted, James and Minuta each face a maximum penalty of 20 years in prison.
According to the charging documents, James and Minuta communicated with co-conspirators in advance of the Jan. 6, 2021, incursion on the U.S. Capitol. The indictment alleges frequent and consistent communication leading up to the attack, such as in reserving hotel rooms and making phone calls to co-conspirators the morning of the breach.
According to the indictment, in response to a call for individuals to head to the Capitol after the building was breached, James and Minuta drove to the Capitol in a golf cart, at times swerving around law enforcement vehicles with Minuta stating, “Patriots are storming the Capitol…so we’re en route in a grand theft auto golf cart to the Capitol building right now…it’s going down guys; it’s literally going down right now Patriots storming the Capitol building…”
Once they arrived, Minuta aggressively berated and taunted law enforcement officers in riot gear guarding the perimeter of the Capitol near the East side of the building. At 3:15 p.m., Minuta and James forcibly entered the Capitol building through the same east side Rotunda doors through which their alleged co-conspirators had entered earlier.
They then stormed the building, wearing military gear. Minuta additionally wore hard-knuckle tactical gloves, ballistic goggles, a radio with an earpiece and bear spray. Video captures Minuta yelling at an officer: “All that’s left is the Second Amendment!” as he exited the building at 3:19 p.m. Not long after 4:00 p.m., individuals who breached the Capitol – including James, Minuta and many of their alleged co-conspirators – gathered together approximately 100 feet from the Capitol near the northeast corner of the building.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice’s National Security Division, Counterterrorism Section. Valuable assistance was provided by the U.S. Attorneys’ Offices for the Southern District of New York, Eastern District of Texas and Northern District of Alabama. The case is being investigated by the FBI’s New York, Dallas, Birmingham and Washington Field Offices.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
The charges contained in the complaint are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Hawaiian Non-Profit Executive Pleads Guilty to Embezzling over $500,000 from AmeriCorps and Agreeing to Receive a Bribe for Administering CARES Act GrantsRead the Press Release
WASHINGTON – Hanalei Aipoalani, 42, of Waianae, Hawaii, pled guilty in federal court today to embezzling more than $500,000 from AmeriCorps and to agreeing to accept a bribe for the administration of grants under the CARES Act.
The announcement was made by Channing D. Phillips, Acting United States Attorney for the District of Columbia; Eli S. Miranda, Special Agent in Charge, FBI Honolulu Field Office; and Deborah Jeffrey, Inspector General of AmeriCorps.
Aipoalani pled guilty to embezzlement and agreeing to take a bribe. Both charges carry a statutory maximum of 10 years and financial penalties. Under the federal sentencing guidelines, Aipoalani faces a likely recommended sentence of between 70 and 87 months in prison. The Honorable Reggie B. Walton took the plea and scheduled sentencing for June 24, 2021.
“The United States Department of Justice will prosecute, to the fullest extent of the law, those individuals who choose to abuse their positions of power to enrich themselves at the cost of the American people,” said Acting U.S. Attorney Phillips.
“The defendant conspired to enrich himself with taxpayer dollars intended to support at-risk communities in Hawai’i, he victimized legitimate volunteers and others by stealing their identities to perpetrate multiple fraud schemes, and he submitted falsified documentation and certifications to the government, all to the detriment of their community. Our investigation also disrupted an ongoing scheme to steal much-needed pandemic relief funds. I commend U.S. Attorney’s Office and the Federal Bureau of Investigation for their partnership on this case,” said Deborah Jeffrey, Inspector General of AmeriCorps
“Programs such as AmeriCorps are designed to impact the nation in the most positive ways. Their goal is to help others and to meet the critical needs of the communities they serve”, said Special Agent in Charge Eli S. Miranda. “AmeriCorps trusted Hanalei Aipoalani with their mission in the State of Hawai’i and were ultimately betrayed. Aipoalani exploited his position and intentionally stole funds meant for the betterment of the community for his own selfish entitlements. The FBI will never stand for this and will enthusiastically identify and pursue anyone who violates the public’s trust.”
AmeriCorps is a federally funded network of national service programs that address critical community needs like increasing academic achievement, mentoring youth, fighting poverty, sustaining national parks, preparing for disasters, and more. AmeriCorps’ national service members commit to service for a set period of time, usually a year, in exchange for a living allowance, funding to be used for college tuition, and other benefits.
From December 2014 through May 2019, Aipoalani embezzled more than $527,000 from a non-profit that hosted an AmeriCorps program, by submitting false claims for payments to AmeriCorps members and directing those payments into his own bank accounts and by creating fraudulent invoices from non-profits for reimbursement by AmeriCorps. As part of his embezzlement, Aipoalani used at least nine inactive or former AmeriCorps’ members’ names, without their knowledge or consent, to fraudulently claim living allowances and other payments, which he then diverted to his own use.
As part of his plea, Aipoalani admitted to conspiring with his wife, Angelita Aipoalani, to enroll Angelita Aipoalani as an AmeriCorps member, even though she did not perform AmeriCorps service activities, and to cause a second non-profit to pay Angelita Aipoalani more than $69,000 for no compensable work. Aipoalani also admitted to engaging in a scheme to fraudulently obtain AmeriCorps education awards for Angelita Aipoalani.
Angelita Aipoalani has been separately charged with conspiring to embezzle from Americorps.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which was passed by Congress and signed into law in or about March 2020, provided financial relief to individuals, businesses, states, and localities suffering the economic effects of the COVID-19 pandemic. Among other relief programs, the CARES Act created a $150 billion Coronavirus Relief Fund ("CRF") to be distributed to states, localities, and tribal governments to support expenditures incurred due to COVID-19. Government entities that received money from the CRF could use the funds, among other things, to make grants to small businesses to reimburse the costs of business interruption caused by required closures and to provide economic relief for those suffering employment interruption.
In August 2020, Aipoalani was hired to serve as Honolulu City and County’s Department of Community Service’s CARES Program Administrator and was responsible for administering CRF programs. In that capacity, Aipoalani agreed to accept a financial benefit from an applicant who filed two fraudulent applications for CARES Act Funds under the agreement that Aipoalani would influence the approval of the grant applications and would receive a financial benefit in return for the approvals.
The FBI, the Inspector General for AmeriCorps, and the U.S. Attorney’s Office are committed to investigating and prosecuting individuals who defraud the AmeriCorps program and programs under the CARES Act. If you are aware of fraud, waste, or abuse affecting AmeriCorps or any of its programs, contact the AmeriCorps Office of Inspector General Hotline at 1-800-452-8210 or [email protected].
In announcing the plea, Acting U.S. Attorney Phillips, Special Agent in Charge Miranda, and Inspector General Jeffrey commended the work of those who investigated the case from the FBI’s Honolulu Field office and the Inspector General for AmeriCorps. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia including Assistant U.S. Attorneys Leslie A. Goemaat and Peter Lallas of the Fraud Section, Amanda Vaughn of the Public Corruption and Civil Rights Section, former Assistant U.S. Attorney Bianca Forde, and Paralegal Specialists Mariela Andrade, Stephanie Frijas, and Joseph McClanahan.
Defense Department Linguist Pleads Guilty to Transmitting Highly Sensitive Classified National Defense Information to Aid a Foreign GovernmentRead the Press Release
Note: Thompson's
final plea, statement of facts and indictment are attached.WASHINGTON – A Minnesota woman pleaded guilty today to one count of delivering national defense information to aid a foreign government.
According to court documents, Mariam Taha Thompson, 63, formerly of Rochester, Minnesota, worked as a contract linguist at an overseas U.S. military facility where she was entrusted with a top secret government security clearance. Thompson pleaded guilty to transmitting highly sensitive classified national defense information to a foreign national who she believed would provide the information to Lebanese Hizballah, a designated foreign terrorist organization.
“Thompson jeopardized the lives of members of the U.S. military as well as other individuals supporting the United States in a combat zone when she passed classified information to a person she knew was connected to Lebanese Hizballah, a foreign terrorist organization which intended to use the information to hurt this country,” said Assistant Attorney General John C. Demers for the Justice Department's National Security Division. “To describe this conduct is to condemn it. She will now be held to account for this disgraceful personal and professional betrayal of country and colleagues.”
“The United States entrusted the defendant with highly-sensitive classified information regarding one of its most critical tools — human intelligence in an active combat zone,” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “The defendant’s complete betrayal of that trust placed the lives of American men and women on the battlefield, and their allies, in grave danger. Thompson’s arrest and prosecution demonstrate that those who intentionally compromise classified information that is entrusted to them will face swift and dire consequences.”
“It’s astounding that an American working for the U.S. military overseas would abandon her country in favor of terrorists,” said Assistant Director Alan E. Kohler Jr. for the FBI’s Counterintelligence Division. “The FBI and its partners placed a high priority on this case because the defendant provided classified defense information to a foreign terrorist organization, information that put members of the U.S. military in harm’s way.”
“Today’s plea is an example of the FBI’s work and commitment to protecting the United States and our national defense information,” said Assistant Director in Charge Steven M. D’Antuono for the FBI Washington Field Office. “Holding a top secret government security clearance bears a responsibility and commitment to our nation, and betrayal of that trust will not be tolerated. The FBI is charged with safeguarding our nation’s information and will work diligently, along with our partners, to protect intelligence and national security information and relentlessly pursue those who choose to betray their country."
During today’s plea hearing, Thompson admitted that, beginning in 2017, she started communicating with her unindicted co-conspirator using a video-chat feature on a secure text and voice messaging application. Over time, Thompson developed a romantic interest in her co-conspirator. Thompson learned that the unindicted co-conspirator had a family member who was in the Lebanese Ministry of the Interior, and that the unindicted co-conspirator claimed to have received a ring from Hassan Nasrallah, the secretary-general of Lebanese Hizballah.
In December 2019, while Thompson was assigned to a special operations task force facility in Iraq, the United States launched a series of airstrikes in Iraq targeting Kata’ib Hizballah, an Iranian-backed foreign terrorist organization. These airstrikes culminated in a Jan. 3, 2020, strike that resulted in the death of Iranian Revolutionary Guard Corps Quds Force commander Qasem Suleimani, as well as the founder of Kata’ib Hizballah, Abu Mahdi al-Muhandis.
Following Suleimani’s death, the unindicted co-conspirator started asking Thompson to provide “them” with information about the human assets who had helped the United States to target Suleimani. Thompson admitted that she understood “them” to be Lebanese Hizballah, including an unnamed high-ranking military commander.
After receiving this request for information in early January 2020, Thompson began accessing dozens of files concerning human intelligence sources, including true names, personal identification data, background information and photographs of the human assets, as well as operational cables detailing information the assets provided to the U.S. government. Thompson used several techniques to pass this information on to the unindicted co-conspirator, who told her that his contacts were pleased with the information, and that the Lebanese Hizballah military commander wanted to meet Thompson when she came to Lebanon.
When she was arrested by the FBI on Feb. 27, 2020, Thompson had used her access to classified national defense information to provide her co-conspirator with the identities of at least eight clandestine human assets; at least 10 U.S. targets; and multiple tactics, techniques and procedures. Thompson intended and had reason to believe that this classified national defense information would be used to the injury of the United States and to the advantage of Lebanese Hizballah.
Thompson faces a maximum sentence of up to life imprisonment. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes only. The sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Today’s guilty plea was the result of the significant cooperation between law enforcement, the Department of Defense and the intelligence community in the successful resolution of this investigation led by the FBI Washington Field Office.
National Security Division Trial Attorneys Jennifer Kennedy Gellie of the Counterintelligence and Export Control Section and Jennifer Levy of the Counterterrorism Section, and Special Assistant U.S. Attorney for the District of Columbia John Cummings are prosecuting the case.
Defense Department Linguist Pleads Guilty to Transmitting Highly Sensitive Classified National Defense Information to Aid A Foreign GovernmentRead the Press Release
WASHINGTON – A Minnesota woman pleaded guilty today to one count of delivering national defense information to aid a foreign government.
According to court documents, Mariam Taha Thompson, 63, formerly of Rochester, Minnesota, worked as a contract linguist at an overseas U.S. military facility where she was entrusted with a Top Secret government security clearance. Thompson pleaded guilty to transmitting highly sensitive classified national defense information to a foreign national who she believed would provide the information to Lebanese Hizballah, a designated foreign terrorist organization.
“The United States entrusted the defendant with highly-sensitive classified information regarding one of its most critical tools — human intelligence in an active combat zone,” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “The defendant’s complete betrayal of that trust placed the lives of American men and women on the battlefield, and their allies, in grave danger. Thompson’s arrest and prosecution demonstrate that those who intentionally compromise classified information that is entrusted to them will face swift and certain consequences.”
“Thompson jeopardized the lives of members of the U.S. military as well as other individuals supporting the United States in a combat zone when she passed classified information to a person she knew was connected to Lebanese Hizballah, a foreign terrorist organization which intended to use the information to hurt this country,” said Assistant Attorney General John C. Demers for the Justice Department's National Security Division. “To describe this conduct is to condemn it. She will now be held to account for this disgraceful personal and professional betrayal of country and colleagues.”
“It’s astounding that an American working for the U.S. military overseas would abandon her country in favor of terrorists,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “The FBI and its partners placed a high priority on this case because the defendant provided classified defense information to a foreign terrorist organization, information that put members of the U.S. military in harm’s way.”
“Today’s plea is an example of the FBI’s work and commitment to protecting the U.S. and our national defense information,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “Holding a Top Secret government security clearance bears a responsibility and commitment to our nation, and betrayal of that trust will not be tolerated. The FBI is charged with safeguarding our nation’s information and will work diligently, along with our partners, to protect intelligence and national security information and relentlessly pursue those who choose to betray their country."
During today’s plea hearing, Thompson admitted that, beginning in 2017, she started communicating with her unindicted co-conspirator using a video-chat feature on a secure text and voice messaging application. Over time, Thompson developed a romantic interest in her co-conspirator. Thompson learned that the unindicted co-conspirator had a family member who was in the Lebanese Ministry of the Interior, and that the unindicted co-conspirator claimed to have received a ring from Hassan Nasrallah, the secretary-general of Lebanese Hizballah.
In December 2019, while Thompson was assigned to a Special Operations Task Force facility in Iraq, the United States launched a series of airstrikes in Iraq targeting Kata’ib Hizballah, an Iranian-backed foreign terrorist organization. These airstrikes culminated in a Jan. 3, 2020, strike that resulted in the death of Iranian Revolutionary Guard Corps Quds Force commander Qasem Suleimani, as well as the founder of Kata’ib Hizballah, Abu Mahdi al-Muhandis.
Following Suleimani’s death, the unindicted co-conspirator started asking Thompson to provide “them” with information about the human assets who had helped the United States to target Suleimani. Thompson admitted that she understood “them” to be Lebanese Hizballah, including an unnamed high-ranking military commander.
After receiving this request for information in early January 2020, Thompson began accessing dozens of files concerning human intelligence sources, including true names, personal identification data, background information, and photographs of the human assets, as well as operational cables detailing information the assets provided to the U.S. government. Thompson used several techniques to pass this information on to the unindicted co-conspirator, who told her that his contacts were pleased with the information, and that the Lebanese Hizballah military commander wanted to meet Thompson when she came to Lebanon.
When she was arrested by the FBI on Feb. 27, 2020, Thompson had used her access to classified national defense information to provide her co-conspirator with the identities of at least eight clandestine human assets; at least 10 U.S. targets; and multiple tactics, techniques and procedures. Thompson intended and had reason to believe that this classified national defense information would be used to the injury of the United States and to the advantage of Lebanese Hizballah.
Thompson faces a maximum sentence of up to life imprisonment. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes only. The sentencing of a defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Today’s guilty plea was the result of the significant cooperation between law enforcement, the Department of Defense and the intelligence community in the successful resolution of this investigation led by the FBI Washington Field Office. National Security Division Trial Attorneys Jennifer Kennedy Gellie of the Counterintelligence and Export Control Section and Jennifer Levy of the Counterterrorism Section, and Special Assistant U.S. Attorney for the District of Columbia John Cummings are prosecuting the case.
California Woman Sentenced to 15 Months for Threatening to Bomb Catholic Prep SchoolRead the Press Release
WASHINGTON – The Justice Department announced today that Sonia Tabizada, 36, of San Jacinto, California, was sentenced to 15 months and 13 days for intentionally obstructing persons in the enjoyment of their free exercise of religious beliefs by threatening to bomb the Georgetown Visitation Preparatory School in Washington, D.C.
In May 2019, school officials announced that Visitation Prep, the oldest Catholic school for girls in the country, would begin publishing same-sex wedding announcements in its alumni magazine to advance its teaching that “we are all children of God ... worthy of respect and love.” According to the plea agreement, Tabizada learned of this announcement and made multiple calls threatening violence in response to the school’s decision. On May 15, 2019, Tabizada left a voice message stating that she was going to burn and bomb the church. Tabizada also stated that she was going to kill school officials and students. Several minutes later, Tabizada left a second voice mail stating that she was going to blow up the school and warned that she would commit “terrorism.”
“No school and no child should be subjected to death threats, because of their religious beliefs,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “The Department of Justice will continue to vigorously prosecute violent threats motivated by bias.”
“The citizens of the District of Columbia and our country are entitled to freely exercise their religious beliefs and to be free from threats of violence based on bias—be it against religion, race, ethnicity, sex, sexual orientation, and other protected characteristics. The U.S. Attorney’s Office for the District of Columbia is committed to protecting the civil rights of all our citizens and will do so by vigorously enforcing both federal and local hate crime laws.” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia.
“The free exercise of religion is one of our nation’s most sacred constitutional rights," said Assistant Director in Charge Steven M. D'Antuono of the FBI Washington Field Office. "The FBI will continue to prioritize threats of violence and civil rights violations to ensure every citizen and community is free to exercise all of their protected liberties without fear and threats of violence.”
Tabizada was also sentenced to two years of supervised release with special conditions. If Tabizada wants to leave the country she must contact the court and request a modification of the special conditions.
The FBI Washington Field Office investigated the case.
Assistant U.S. Attorney Kendra Briggs of the District of Columbia’s Public Corruption and Civil Rights Section and Trial Attorney Michael J. Songer of the Civil Rights Division prosecuted the case.
California Woman Sentenced to 15 Months for Threatening to Bomb Catholic Prep SchoolRead the Press Release
WASHINGTON –The Justice Department announced today that Sonia Tabizada, age 36, of San Jacinto, California, was sentenced to time served of 15 months and 13 days for intentionally obstructing persons in the enjoyment of their free exercise of religious beliefs by threatening to bomb the Georgetown Visitation Preparatory School in Washington, DC, in violation of Title 18, United States Code, Section 247.
In May 2019, school officials announced that Visitation Prep, the oldest Catholic school for girls in the country, would begin publishing same-sex wedding announcements in its alumni magazine to advance its teaching that “we are all children of God ... worthy of respect and love.” According to the plea agreement, Tabizada learned of this announcement and made multiple calls threatening violence in response to the school’s decision. On May 15, 2019, Tabizada left a voice message stating that she was going to burn and bomb the church. Tabizada also stated that she was going to kill school officials and students. Several minutes later, Tabizada left a second voice mail stating that she was going to blow up the school and warned that she would commit “terrorism.”
“No school and no child should be subjected to death threats, because of their religious beliefs ” said Pamela S. Karlan, Principal Deputy Assistant Attorney General for the Civil Rights Division, “and the Department of Justice will continue to vigorously prosecute violent threats motivated by bias.”
“The citizens of the District of Columbia and our country are entitled to freely exercise their religious beliefs and to be free from threats of violence based on bias—be it against religion, race, ethnicity, sex, sexual orientation, and other protected characteristics. The U.S. Attorney’s Office for the District of Columbia is committed to protecting the civil rights of all our citizens and will do so by vigorously enforcing both federal and local hate crime laws” said Channing D. Phillips, Acting United States Attorney for the District of Columbia.
“The free exercise of religion is one of our nation’s most sacred Constitutional rights," said Steven M. D'Antuono, Assistant Director in Charge of the FBI Washington Field Office. "The FBI will continue to prioritize threats of violence and civil rights violations to ensure every citizen and community is free to exercise all of their protected liberties without fear and threats of violence.”
Tabizada was also sentenced to two years of supervised release with special conditions. If Tabizada wants to leave the country she must contact the Court and request a modification of the special conditions.
The case was investigated by the FBI Washington Field Office and is being prosecuted by Assistant U.S. Attorney Kendra Briggs of the United States Attorney’s Office for the District of Columbia’s Public Corruption and Civil Rights Section and Civil Rights Division Trial Attorney Michael J. Songer.
First North Korean National Brought to the United States to Stand Trial for Money Laundering OffensesRead the Press Release
WASHINGTON – After nearly two years of legal proceedings, Mun Chol Myong (“Mun”), 55, a national of the Democratic People’s Republic of Korea (DPRK), has been extradited to the United States. This case represents the first ever extradition to the United States of a DPRK national. Mun is accused of laundering money through the U.S. financial system as part of a scheme to provide luxury items to the DPRK.
“The indictment alleges that Mun defrauded banks and laundered money in an effort to evade counter-proliferation sanctions imposed on North Korea by the United States and the United Nations,” said John C. Demers, Assistant Attorney General for National Security. “He is the first North Korean intelligence operative—and the second-ever foreign intelligence operative—to have been extradited to the United States for violations of our laws. We will continue to use the long reach of our laws to protect the American people from sanctions evasion and other national security threats.”
“We are pleased that Mun has been extradited and will stand trial for the offenses alleged in the indictment,” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “The U.S. Attorney’s Office for the District of Columbia will always be prepared to protect our nation’s financial system and pursue those who violate our laws, regardless of where they might hide.”
“One of the FBI’s biggest counterintelligence challenges is bringing overseas defendants to justice, especially in the case of North Korea,” said Alan E. Kohler, Jr. Assistant Director of the FBI’s Counterintelligence Division. “Thanks to the FBI’s partnership with foreign authorities, we’re proud to bring Mun Chol Myong to the United States to face justice, and we hope he will be the first of many.”
“It is important to underscore the relevance of this first-ever extradition of a North Korean national,” said Michael F. Paul, Special Agent in Charge of the FBI’s Minneapolis field office. “Our Minneapolis agents worked this case closely with international partners highlighting how FBI special agents are persistent and have an international impact wherever they are.”
According to the indictment and other court documents unsealed today, between Apr. 2013 and Nov. 2018, Mun and others conspired to covertly and fraudulently access the U.S. financial system. Mun is alleged to have defrauded U.S. banks and violated both U.S. and U.N. sanctions as part of his money laundering activities in transactions valued at over $1.5 million. The indictment further alleges that Mun was affiliated with the DPRK’s primary intelligence organization, the Reconnaissance General Bureau (RGB), which is the subject of U.S. and U.N. sanctions.
Mun has been detained in a foreign country since his arrest by local authorities on May 14, 2019. He made his initial appearance today in federal court in the District of Columbia, where he was indicted on May 2, 2019. Mun faces six counts of money laundering, including conspiracy to commit money laundering.
According to the indictment, Mun and his conspirators went to great lengths to avoid detection of their sanctions-busting operation. They used a web of front companies and bank accounts registered to false names and removed references to the DPRK from international wire transfer and transactional documents. By intentionally concealing that their transactions were for the benefit of DPRK entities, Mun and his conspirators deceived U.S. correspondent banks into processing U.S. dollar transactions for the benefit of DPRK entities, which the correspondent banks would have otherwise not processed.
This investigation was conducted by the FBI’s Minneapolis Field Office and coordinated by the FBI’s Counterintelligence Division. The Department of Justice would also like to thank the U.S. Indo-Pacific Command and the U.S. Marshals Service (USMS) Investigative Operations Division (IOD) for providing analytical support during the investigation.
Assistant U.S. Attorneys Michael P. Grady and Tejpal S. Chawla of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney David C. Recker of the National Security Division’s Counterintelligence and Export Control Section. The Justice Department’s Office of International Affairs provided substantial assistance in securing Mun’s arrest and extradition. The FBI’s Washington Field Office also provided essential support during the extradition process.
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 beyond a reasonable doubt in a court of law.
First North Korean National Brought to the United States to Stand Trial for Money Laundering OffensesRead the Press Release
Note: A copy of the indctment can be viewed
here.WASHINGTON – After nearly two years of legal proceedings, Mun Chol Myong (Mun), 55, a national of the Democratic People’s Republic of Korea (DPRK), has been extradited to the United States. This case represents the first ever extradition to the United States of a DPRK national. Mun is accused of laundering money through the U.S. financial system as part of a scheme to provide luxury items to the DPRK.
“The indictment alleges that Mun defrauded banks and laundered money in an effort to evade counter-proliferation sanctions imposed on North Korea by the United States and the United Nations,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. "He is the first North Korean intelligence operative — and the second ever foreign intelligence operative — to have been extradited to the United States for violation of our laws. We will continue to use the long reach of our laws to protect the American people from sanctions evasion and other national security threats.”
“We are pleased that Mun has been extradited and will stand trial for the offenses alleged in the indictment,” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “The U.S. Attorney’s Office for the District of Columbia will always be prepared to protect our nation’s financial system and pursue those who violate our laws, regardless of where they might hide.”
“One of the FBI’s biggest counterintelligence challenges is bringing overseas defendants to justice, especially in the case of North Korea,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “Thanks to the FBI’s partnership with foreign authorities, we’re proud to bring Mun Chol Myong to the United States to face justice, and we hope he will be the first of many.”
“It is important to underscore the relevance of this first-ever extradition of a North Korean national,” said Special Agent in Charge Michael F. Paul of the FBI’s Minneapolis field office. “Our Minneapolis agents worked this case closely with international partners highlighting how FBI special agents are persistent and have an international impact wherever they are.”
According to the indictment and other court documents unsealed today, between April 2013 and November 2018, Mun and others conspired to covertly and fraudulently access the U.S. financial system. Mun is alleged to have defrauded U.S. banks and violated both U.S. and United Nations (U.N.) sanctions as part of his money laundering activities in transactions valued at over $1.5 million. The indictment further alleges that Mun was affiliated with the DPRK’s primary intelligence organization, the Reconnaissance General Bureau, which is the subject of U.S. and U.N. sanctions.
Mun has been detained in a foreign country since his arrest by local authorities on May 14, 2019. He made his initial appearance today in federal court in the District of Columbia, where he was indicted on May 2, 2019. Mun faces six counts of money laundering, including conspiracy to commit money laundering.
According to the indictment, Mun and his conspirators went to great lengths to avoid detection of their sanctions-busting operation. They used a web of front companies and bank accounts registered to false names and removed references to the DPRK from international wire transfer and transactional documents. By intentionally concealing that their transactions were for the benefit of DPRK entities, Mun and his conspirators deceived U.S. correspondent banks into processing U.S. dollar transactions for the benefit of DPRK entities, which the correspondent banks would have otherwise not processed.
This investigation was conducted by the FBI’s Minneapolis Field Office and coordinated by the FBI’s Counterintelligence Division. The Department of Justice would also like to thank the U.S. Indo-Pacific Command and the FBI’s Investigative Operations Division for providing analytical support during the investigation. The Justice Department’s Office of International Affairs provided substantial assistance in securing Mun’s arrest and extradition. The FBI’s Washington Field Office also provided essential support during the extradition process.
Assistant U.S. Attorneys Michael P. Grady and Tejpal S. Chawla of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney David C. Recker of the National Security Division’s Counterintelligence and Export Control Section, with support from Paralegal Specialist Brian Rickers and Legal Assistant Jessica McCormick, are prosecuting the case.
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 beyond a reasonable doubt in a court of law.
The International Rescue Committee (“IRC”) Agrees to Pay $6.9 Million to Settle Allegations That It Performed Procurement Fraud by Engaging in Collusive Behavior and Misconduct on Programs Funded by the United States Agency for International DevelopmentRead the Press Release
WASHINGTON – The Justice Department announced today that the International Rescue Committee (“IRC”) has agreed to pay $6.9 million to settle allegations under the False Claims Act related to United States Agency for International Development (“USAID”)-funded programming for beneficiaries affected by the conflict in Syria. The settlement announced on March 16, 2021, is part of a civil resolution involving the U.S. Attorney’s Office for the District of Columbia, USAID, and the USAID Office of Inspector General (OIG).
IRC is a global humanitarian aid, relief and development nongovernmental organization that provides emergency aid and long-term assistance to refugees. It is headquartered in New York, New York. In the early years of the conflict in Syria, IRC received USAID funding for humanitarian assistance programming, specifically to provide emergency cross-border humanitarian assistance to internally displaced persons located within Syria.
USAID’s OIG conducted investigations in Turkey into allegations that IRC staff participated in a collusion and kickback scheme with a Turkish supply ring, which included bid-rigging activities in the selection of goods and services contracts for cross-border humanitarian relief into Syria. USAID OIG and the USAO-DC Civil Division also investigated allegations that IRC staff received kickbacks, steered bid procurement tenders, and allowed conflicts of interest between staff and suspect vendors. The investigation revealed that conduct by IRC staff resulted in the procurement of goods at unreasonably high prices, which were subsequently invoiced to USAID from October 2012 to December 2015.
USAO-DC Civil Division and USAID OIG thoroughly examined all source documents including contracts, proposals, contract terms, and invoices, in the lead-up to IRC’s agreement to pay the United States $6,934,500 to settle the False Claims Act allegations.
We are happy to bring this case to resolution and will continue to work with Offices of Inspectors General to ensure that humanitarian aid dollars that are targeted for humanitarian assistance for displaced persons are not compromised by lax oversight controls but are used appropriately to help those in dire need,” said Acting United States Attorney Channing D. Phillips.
Acting USAID Inspector General Thomas J. Ullom stated, “This settlement sends a strong message that USAID-funded implementers must have systems in place to detect, deter, and prevent fraud in humanitarian assistance programming. Aid organizations that lack proper monitoring and oversight controls over their procurement processes put taxpayer dollars at risk and compromise the delivery of critical assistance to those in need. USAID OIG’s global investigative operations will continue to shine a light on and drive consequences for fraud affecting USAID programming.”
Acting United States Attorney for the District of Columbia Channing D. Phillips’ Statement on Hate- and Bias-Related Crimes against Persons of Asian DescentRead the Press Release
WASHINGTON - As the District of Columbia and this nation have faced the unprecedented public health emergency posed by the COVID-19 pandemic, we also have witnessed, in some areas across our nation, an unsettling rise in crime that has targeted Asian-Americans. These acts are reprehensible and tear at the fabric of our society. Hate and bias-related crime have no place in our community, and any attack on Asian-Americans is an attack on us all. While we are making sacrifices and living and working in unusual conditions, we must continue to act responsibly and with compassion towards one another. The U.S. Attorney’s Office for the District of Columbia stands in solidarity with the community in seeking to root out hate- and bias-related crime.
The United States Attorney’s Office urges the community to be vigilant and to report any suspected hate- or bias-related crime to the Metropolitan Police Department (MPD) by dialing 9-1-1 in an emergency or contacting the MPD Hate Crimes Hotline by calling (202) 727-0500 or e-mailing [email protected].
Former Bank Teller Sentenced to Fifteen Months in Jail for Stealing from Wells Fargo Bank CustomersRead the Press Release
WASHINGTON – Tiara Langston, 29, of District Heights, Maryland, was sentenced Thursday in the United States District Court for the District of Columbia to 15 months of incarceration for her role in a scheme that bilked Wells Fargo customers of $124,000 from their accounts. United States District Court Judge Royce C. Lamberth imposed the sentence, also ordering Langston to pay restitution to Wells Fargo which incurred losses on behalf of its customers.
Langston pleaded guilty on November 30, 2020. In entering her plea, Langston admitted to participating in a scheme to steal from Wells Fargo’s customers while she was employed at the bank as a teller during 2017. According to the government’s evidence, Langston used Wells Fargo’s systems to check the account balances of customers without customers’ knowledge. Langston would then share with a confederate the customer’s name and account balance. The confederate then entered the bank and withdrew funds from the customer’s account by presenting a forged signature for the customer. The conspirators used this scheme to steal $124,000 in cash and an $80,000 cashier’s check from two of the bank’s customers. Wells Fargo was able to detect the theft and stop payment of the $80,000 cashier’s check, thus incurring total losses on behalf of its customers in the amount of the $124,000 in cash that Langston and others stole.
In announcing the sentence, Acting U.S. Attorney Channing D. Phillips commended the work of the Federal Bureau of Investigation, Washington Field Office, which investigated the case. He also acknowledged the work of those who are handling the case at the U.S. Attorney’s Office, including Paralegal Specialist Stephanie Frijas and Assistant U.S. Attorney John W. Borchert.
Former Background Investigator for Federal Government Pleads Guilty to Making a False StatementRead the Press Release
WASHINGTON – Lucia Rose DiEmidio, 28, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), pled guilty today to a charge stemming from her falsification of work on background investigations of federal employees and contractors, announced Acting U.S. Attorney Channing D. Phillips.
DiEmidio, of Bohemia, New York, pled guilty in the United States District Court for the District of Columbia to making a false statement. The Honorable Trevor N. McFadden scheduled sentencing for June 1, 2021. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000.
According to the government’s evidence, DiEmidio was employed by a private contractor that had a contract to supply background investigations on behalf of OPM’s Federal Investigative Services, which subsequently became known as OPM’s National Background Investigations Bureau (NBIB). DiEmidio admitted that, between approximately March 2017 and August 2017, she submitted Reports of Investigation for background investigations in which she falsely represented, about 26 times, that she had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, DiEmidio had not conducted the interviews or obtained the records of interest. These 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, for receiving or retaining security clearances, or for positions of public trust.
On October 1, 2019, the functions and personnel of National Background Investigations Bureau were transferred to the Defense Counterintelligence and Security Agency (DCSA). DeEmidio’s conduct occurred prior to the transition and while conducting work on behalf of OPM.
The false representations by DiEmidio have required OPM and DCSA to reopen and rework numerous background investigations that were assigned to her during the time period of her falsifications, at an estimated cost of at least $86,562 to the federal government.
OPM’s Federal Investigative Services and National Background Investigations Bureau had 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 since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to DiEmidio, more than 30 other background investigators have been convicted of charges.
In announcing the plea, Acting U.S. Attorney Phillips commended the efforts of Special Agent Christopher J. Sulhoff, Office of the Inspector General, OPM; and Dale A. Walker, Office of the Inspector General, Defense Counterintelligence and Security Agency. He also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Angeline Thekkumthala, Assistant U.S. Attorney Joshua Rothstein, and former Assistant U.S. Attorney Bianca Forde, who investigated and prosecuted the matter.
Two Men Charged with Assaulting Federal Officers with Dangerous Weapon on January 6Read the Press Release
WASHINGTON – A Pennsylvania and West Virginia man were arrested Sunday on criminal charges related to their alleged conspiring to injure officers and assaulting federal officers, among other charges.
According to court documents, Julian Elie Khater, 32, of State College, Pennsylvania, and George Pierre Tanios, 39, of Morgantown, West Virginia, were arrested on Sunday in connection with a complaint filed in federal court in Washington, D.C., charging them with conspiring to injure officers and assaulting federal officers, among other charges, on Jan. 6. Khater was arrested as he disembarked from an airplane at Newark Airport in New Jersey. Tanios was arrested at his residence in West Virginia.
Khater and Tanios are each charged with one count of conspiracy to injure an officer; three counts of assault on a federal officer with a dangerous weapon; one count of civil disorder; one count of obstructing or impeding an official proceeding; one count of physical violence on restricted grounds, while carrying dangerous weapon and resulting in significant bodily injury; and one count of violent entry and disorderly conduct, act of physical violence on Capitol grounds.
According to the affidavit in support of the criminal complaint, Khater and Tanios were at the U.S. Capitol on Jan. 6, 2021, and were observed in video footage working together to assault law enforcement officers with an unknown chemical substance by spraying officers directly in the face and eyes. During the investigation, it is alleged that law enforcement discovered video that depicted Khater asking Tanios to “give me that bear s*it.” Tanios replied, “Hold on, hold on, not yet, not yet… it’s still early.” Khater then retrieved a canister from Tanios’ backpack and walked through the crowd to within a few steps of the police perimeter. The video shows Khater with his right arm up high in the air, appearing to be holding a canister in his right hand and aiming it at the officers’ direction while moving his right arm from side to side. The complaint affidavit states that Officers Sicknick, Edwards, and Chapman, who were all standing within a few feet of Khater, each reacted to being sprayed in the face. The officers retreated, bringing their hands to their faces and rushing to find water to wash out their eyes.
The FBI’s Washington Field Office, with assistance from the FBI Pittsburgh and Newark Field Offices, the United States Capitol Police, and the Metropolitan Police Department are investigating the case.
The U.S. Attorney’s Office for the District of Columbia, with valuable assistance from the U.S. Attorney’s Office for the Northern District of West Virginia and the U.S. Attorney’s Office for the District of New Jersey are prosecuting the case.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov
A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. A defendant is presumed innocent unless proven guilty.
Two Men Charged with Assaulting Federal Officers with Dangerous Weapon on January 6Read the Press Release
WASHINGTON – A Pennsylvania and West Virginia man were arrested Sunday on criminal charges related to their alleged conspiring to injure officers and assaulting federal officers, among other charges.
According to court documents, Julian Elie Khater, 32, of State College, Pennsylvania, and George Pierre Tanios, 39, of Morgantown, West Virginia, were arrested on Sunday in connection with a complaint filed in federal court in Washington, D.C., charging them with conspiring to injure officers and assaulting federal officers, among other charges, on Jan. 6. Khater was arrested as he disembarked from an airplane at Newark Airport in New Jersey. Tanios was arrested at his residence in West Virginia.
Khater and Tanios are each charged with one count of conspiracy to injure an officer; three counts of assault on a federal officer with a dangerous weapon; one count of civil disorder; one count of obstructing or impeding an official proceeding; one count of physical violence on restricted grounds, while carrying dangerous weapon and resulting in significant bodily injury; and one count of violent entry and disorderly conduct, act of physical violence on Capitol grounds.
According to the affidavit in support of the criminal complaint, Khater and Tanios were at the U.S. Capitol on Jan. 6, 2021, and were observed in video footage working together to assault law enforcement officers with an unknown chemical substance by spraying officers directly in the face and eyes. During the investigation, it is alleged that law enforcement discovered video that depicted Khater asking Tanios to “give me that bear s*it.” Tanios replied, “Hold on, hold on, not yet, not yet… it’s still early.” Khater then retrieved a canister from Tanios’ backpack and walked through the crowd to within a few steps of the police perimeter. The video shows Khater with his right arm up high in the air, appearing to be holding a canister in his right hand and aiming it at the officers’ direction while moving his right arm from side to side. The complaint affidavit states that Officers Sicknick, Edwards, and Chapman, who were all standing within a few feet of Khater, each reacted to being sprayed in the face. The officers retreated, bringing their hands to their faces and rushing to find water to wash out their eyes.
The FBI’s Washington Field Office, with assistance from the FBI Pittsburgh and Newark Field Offices, the United States Capitol Police, and the Metropolitan Police Department are investigating the case.
The U.S. Attorney’s Office for the District of Columbia, with valuable assistance from the U.S. Attorney’s Office for the Northern District of West Virginia and the U.S. Attorney’s Office for the District of New Jersey are prosecuting the case.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov
A criminal complaint is a formal accusation of criminal conduct for purposes of establishing probable cause, not evidence of guilt. A defendant is presumed innocent unless proven guilty.
Two Former SunTrust Bank Employees Sentenced, Ordered to Pay $83,800Read the Press Release
WASHINGTON – Rashad Liverpool, 28, and Robert Tillery, 45, were each sentenced on Friday, by the Honorable James A. Crowell IV, Associate Judge of the Superior Court of the District of Columbia, announced Acting U.S. Attorney Channing D. Phillips. The two former SunTrust Bank employees each pled guilty in February 2020 to financial exploitation of an elderly person, in violation of Title 22, D.C. Code, Section 933.01(a)(3), for defrauding a 72-year-old military widow with diminished capacity of $83,800. The court ordered both defendants to pay restitution for the entire amount that they each stole. The court suspended imposition of each defendant’s sentence to the maximum period of incarceration provided for under the D.C. Sentencing Guidelines, effectively sentencing each defendant to the maximum period of supervised probation. The court may impose incarceration if a defendant violates the terms of probation.
According to the government’s evidence, during the summer of 2018, Liverpool and Tillery each frequently visited the victim, a client of SunTrust Bank, after normal business hours and against bank policy. They identified funds that the widow held at Bank of America and took advantage of her diminished capacity in order to move those funds into accounts that they controlled. Liverpool moved $51,900 into a joint account that he created in his and the victim’s name at Capital One Bank. He used all of the funds for his own benefit, including two trips to California and one trip to Miami. During the trip to Miami, Liverpool used the victim’s funds to stay at a beachfront hotel, rent a red Ford Mustang, and purchase items from a mini bar. Liverpool also made ATM withdrawals totalling $3,200 from the victim’s account while she was hospitalized. Meanwhile, Tillery withdrew $3,000 in cash from one of the victim’s accounts and wrote himself a check for $25,700 from another. He used these funds to make purchases at various outlet stores and finance a move to Chicago. The scheme ended when the victim was hospitalized and a newly appointed attorney-in-fact discovered that the funds were missing.
In announcing the sentence, Acting U.S. Attorney Phillips commended the work of the Metropolitan Police Department, specifically Detective Phillipe Moore of the Financial and Cyber Crimes Unit, as well as the work of Investigator Jonathan Rich, of the Office of the Attorney General for the District of Columbia at the time of investigation, who investigated the case together. He also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including Special Assistant U.S. Attorney Jennifer Mika, Assistant U.S. Attorney Chimnomnso Kalu, former Assistant U.S. Attorney Michael Romano, and Supervisory Victim Witness Advocate Jennifer Clark.
This prosecution is part of the Office’s wider efforts to combat crimes against seniors and vulnerable adults. In 2018, the U.S. Attorney’s Office for the District of Columbia and the Office of the Attorney General for the District of Columbia simultaneously launched initiatives to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution of these cases and enhance its overall support of older or vulnerable victims. The team consists of experienced prosecutors and victim advocates from across the Office, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit. This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the Office of the Attorney General (from which an attorney is detailed to handle, as a special assistant United States attorney, financial crime cases involving elderly victims) to prosecute cases of this kind.
Two District Men Indicted for Violent Kidnapping Live-Streamed on Social MediaRead the Press Release
WASHINGTON – Sincere Howard (“Howard”), 20, and Garrett Hawkins (“Hawkins”), 21, both of Washington, D.C., have been indicted by a federal grand jury in the District of Columbia for conspiracy to commit kidnapping, kidnapping, and cyber stalking. The indictment was announced by Acting U.S. Attorney Michael R. Sherwin, Acting Police Chief Robert Contee of the Metropolitan Police Department (“MPD”), and Steven D’Antuono, Assistant Director in Charge of the Federal Bureau of Investigation (“FBI”).
The investigation began after officers from MPD’s Violence Reduction Unit became aware on January 24, 2021, of a live stream on the Instagram social media platform showing an injured and distressed adult male being held against his will and assaulted. The defendants are alleged to have violently assaulted the victim, on January 23, 2021, with a variety of implements, including an electrical extension cord, all while broadcasting their actions on social media. MPD apprehended both defendants on scene and also recovered a firearm.
An indictment is a formal accusation of criminal conduct, not evidence of guilt. A defendant is presumed innocent unless proven guilty.
In announcing the indictment, Acting U.S. Attorney Sherwin and FBI Assistant Director in Charge D’Antuono commended the work of MPD’s Violence Reduction Unit who investigated the case. Finally, they acknowledged the work of Assistant U.S. Attorneys Emory V. Cole and William Hart, Paralegal Specialist Teesha Tobias, and Legal Assistant Kate Abrey of the U.S. Attorney’s Office for the District of Columbia.
Man Sentenced to Prison for Stealing $282,670 from Former EmployerRead the Press Release
WASHINGTON – William Robinson, 41, was sentenced on March 2, 2021, in U.S. District Court for the District of Columbia to two years of imprisonment for the interstate transportation of stolen property, announced former Acting U.S. Attorney Michael R. Sherwin and James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office.
Robinson was a former employee of a non-profit corporation that advocates for policies related to safe food, safe drinking water, and the climate. Robinson was initially hired by the non-profit corporation in 2012 as a web developer. After multiple promotions, he became its Chief Technology Officer in 2015. While working at the non-profit corporation, Robinson devised a scheme to defraud by creating Vulcan Network & Data Security, LLC (“Vulcan”) and arranging a contract for Vulcan to provide web security services to his non-profit corporation employer. Robinson then created false invoices on behalf of Vulcan and submitted them to his employer’s finance department, requesting payment for purported web security services, testing, and equipment. In reality, Vulcan never provided any services to the non-profit corporation, which was already paying a separate company for those services. From April 2017 to September 2019, Robinson submitted 13 false Vulcan invoices to his non-profit corporation employer. The non-profit corporation paid Vulcan a total of $282,670 for services never provided. Robinson received all of these funds and used them to pay for personal expenses.
For the last payment made to Vulcan in the course of this scheme, on October 11, 2019, Robinson asked the non-profit corporation’s finance department to issue a check to Vulcan, along with two other unrelated checks, and give them to a particular employee so that Robinson could hand deliver them. Robinson offered that employee $50 to deliver the checks to him from Washington, D.C. to Springfield, Virginia. After the employee made the delivery, Robinson cashed the $22,500 check from Vulcan that same day.
Robinson was charged via criminal information in October 2020 and entered a guilty plea before the Honorable Ketanji Brown Jackson on December 1, 2020.
In addition to sentencing Robinson to two years in prison, the Honorable Ketanji Brown Jackson ordered that Robinson serve three years of supervised release and pay restitution and a forfeiture money judgment.
In announcing the sentence, Acting U.S. Attorney Sherwin and Special Agent in Charge Dawson commended the work of those from the FBI’s Washington Field Office who investigated the case. They also expressed appreciation to Paralegal Specialists Quiana Dunn-Gordon, Amanda Rohde, and Michon Tart. Finally, they commended the work of Assistant U.S. Attorney Christine Macey, who prosecuted the case.
Howard University Employee Pleads Guilty to Healthcare Fraud Government Continues Crackdown on People Who Defraud MedicaidRead the Press Release
WASHINGTON – Folashade Adufe Horne, 51, of Laurel, Maryland, pled guilty on February 17, 2021 in federal court to defrauding the D.C. Medicaid program out of more than $370,000.
The announcement was made by Acting U.S. Attorney Michael R. Sherwin; James A. Dawson, Special Agent in Charge, FBI Washington Field Office, Criminal Division; Maureen R. Dixon, Special Agent in Charge of the U.S. Department of Health and Human Services’ Office of Inspector General for the region that includes Washington, D.C.; and Daniel W. Lucas, Inspector General for the District of Columbia.
Horne pled guilty to health care fraud in the United States District Court for the District of Columbia. The charge carries a statutory maximum of 10 years in prison and financial penalties. Under federal sentencing guidelines, Horne faces a likely recommended sentence of between 18 and 24 months in prison. The Honorable Reggie B. Walton took the plea and scheduled sentencing for May 12, 2021.
At various times between January 2014 and June 2020, Horne was employed by four different home health agencies to serve as a personal care aide for D.C. Medicaid beneficiaries. Horne also was employed full-time by Howard University during this same period. The home health agencies employed Horne to assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating. Horne was supposed to document the care she provided to the Medicaid beneficiaries on timesheets and then submit the timesheets to the home health agencies, which would in turn bill Medicaid for the services that she rendered.
Horne acknowledged that between January 2014 and June 2020, she caused the D.C. Medicaid Program to issue payments totaling $373,564 for services that she did not render. As part of her fraud scheme, she submitted false timesheets to different home health agencies purporting that she provided personal care aide services that she did not provide. She claimed she provided such services during times when she actually was working her shift as a full-time employee at Howard University Hospital. She claimed to work more than twenty hours in a given day on more than 200 occasions, including 28 days when she asserted that she provided 32 hours of PCA services. She also claimed to provide personal care aide services in the District of Columbia on days when she was not even in the United States.
The FBI, the Department of Health and Human Services’ Office of Inspector General, the District of Columbia’s Office of the Inspector General’s Medicaid Fraud Control Unit, and the U.S. Attorney’s Office are committed to investigating and prosecuting individuals who defraud the D.C. Medicaid program. Since October 2019, six former personal care aides have been sentenced in U.S. District Court for defrauding Medicaid. Cases against two other personal care aides remain outstanding.
The government counts on the public for tips and assistance in helping stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at (800) HHS‑TIPS [(800) 447-8477].
Assistant U.S. Attorney Kondi Kleinman of the Fraud Section is prosecuting the case.