District of Columbia

WASHINGTON – Katherine Emma Ross, 30, of Millersville, Md., formerly of Washington, D.C., was sentenced today to 30 months in prison for embezzling hundreds of thousands of dollars from a D.C. law firm.

            The sentencing was announced by Acting U.S. Attorney Channing D. Phillips, Matthew R. Stohler, Special Agent in Charge of the U.S. Secret Service’s Washington Field Office, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).

            Ross was employed by the law firm as an hourly employee in a non-lawyer capacity. Without permission of the firm or its owner, she 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. From as early as August 2016 and continuing through the summer of 2020, she carried out a scheme in which she stole at least $320,000 from the firm and its owner.

            Ross pled guilty in April 2021 to one count of bank fraud in the U.S. District Court for the District of Columbia. She was sentenced by the Honorable Reggie B. Walton. Following her prison term, Ross will be placed on five years of supervised release. The judge also ordered Ross to pay $320,000 in restitution and forfeiture.

            In announcing the sentencing, Acting U.S. Attorney Phillips, Special Agent in Charge Stohler, and 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 U.S. Attorney Kondi Kleinman, who prosecuted the matter.

WASHINGTON – The U.S. Attorney’s Office for the District of Columbia today joined community and law enforcement partners in celebrating National Night Out, with Attorney General Merrick B. Garland and Acting U.S. Attorney Channing D. Phillips participating in an event at the Washington Nationals Youth Baseball Academy in Southeast Washington.

            More than 200 people turned out for the celebration of community collaboration, held at the baseball academy, located in the Sixth Police District. Thousands more gathered across the city and nation, with senior Justice Department officials and U.S. Attorneys taking part in a Department-wide effort to bring attention to events that build stronger community-police relations. The activities in the District of Columbia were led by the Metropolitan Police Department (MPD), which sponsored events in all seven police districts.

            “Law enforcement is most effective when it has the trust and support of the communities it serves,” said Attorney General Garland. “That is why events like National Night Out are so important and effective; they help to bridge the gap between neighbors and their police departments in a positive and informal setting.”

            “National Night Out is an opportunity for us to show our appreciation to the many people in neighborhoods throughout the District of Columbia for the assistance they provide in promoting public safety,” said Acting U.S. Attorney Phillips. “We depend upon their cooperation and vigilance and have a long history of working together to benefit the community.”

            National Night Out is an annual community-building campaign that promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, better places to live. In most areas of the country, the program culminates annually on the first Tuesday of August. National Night Out organizers expect to hold more than 16,000 community events around the country this year.

            Established in 1984 from a Department of Justice Bureau of Justice Assistance (BJA) grant, the goal of National Night Out is to build relationships with and between communities and law enforcement. National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community.

            The Washington Nationals Youth Baseball Academy, at 3675 Ely Place SE, is a nine-acre education and recreation campus in the Fort Dupont Park area. It is a centerpiece of Nationals Philanthropies, the official charitable arm of the Washington Nationals. Events there ran from afternoon into early evening and included a moon bounce, kickball, baseball tutorial sessions, food, entertainment, and information from government and community partners.

            Wendy Pohlhaus, Director of the Community Engagement Section for the U.S. Attorney’s Office, joined District of Columbia officials, MPD, and federal law enforcement partners at one of the many other National Night Out events, a kickoff event at the Kennedy Recreation Center, 1401 Seventh St. NW, in the Third Police District. She leads a team of prosecutors and community engagement specialists, including Community Engagement Specialist Baretta Francis, who participated along with Attorney General Garland and Acting U.S. Attorney Phillips at the baseball academy event. The Community Engagement Section sponsors events year-round, including a recent youth summit that focused on the prevention of gun violence and the dangers of opioids.

 

WASHINGTON – Sikirat Adunni Brown, 59, of Upper Marlboro, Md., pleaded guilty today to defrauding the D.C. Medicaid program out of more than $340,000.

            The announcement was made by Acting U.S. Attorney Channing D. Phillips; Robert E. Bornstein, Acting Special Agent in Charge of the 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.

            The Honorable Dabney L. Friedrich, who accepted Brown’s guilty plea, scheduled sentencing for Nov. 8, 2021. In addition to facing prison time, Brown faces financial penalties.

            Brown admitted that, at various times between January 2014 and June 2020, she worked as a personal care aide for at least eight different home health agencies. The home health agencies employed her to assist D.C. Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating.

            Brown was supposed to document the care that 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. In her guilty plea, Brown acknowledged that between 2014 and 2020, she caused the D.C. Medicaid Program to issue payments totaling $343,539 for services that she did not provide. As part of her scheme, she submitted false timesheets to different home health agencies claiming that she provided 20 hours or more of personal care aide services. She also claimed to provide services when she was traveling outside the D.C. metropolitan area. She paid kickbacks during the scheme to at least one beneficiary. She also acknowledged that she claimed to provide services to one beneficiary during the COVID-19 pandemic even though that beneficiary said she did not.

            The FBI, the U.S. 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.

            Brown is the tenth former personal care aide in the last three years to plead guilty to defrauding Medicaid in the United States District Court for the District of Columbia. Five aides were sentenced to 13 months in prison; a sixth was sentenced to serve 15 months.

            The government urges the public to provide tips and assistance to 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] or the D.C. Office of the Inspector General at (800) 724-TIPS [(800) 274-8477].

            This case was prosecuted by Assistant U.S. Attorney Kondi Kleinman of the Fraud Section, with assistance from Paralegal Specialist Mariela Andrade.

 

WASHINGTON – A Maryland man pleaded guilty today to sexually abusing and blackmailing a woman he met in August 2019 through a dating website, announced Acting U.S. Attorney Channing D. Phillips. 

            Steven B. Fabrizio, 57, of Chevy Chase, Md., pled guilty to one count each of blackmail and third-degree sexual abuse. He faces a statutory maximum of five years in prison on the blackmail charge and up to 10 years on the sexual abuse charge. Additionally, he will be required to register as a sex offender for 10 years. He is to be sentenced on Oct. 29, 2021, by the Honorable Marisa Demeo in the Superior Court of the District of Columbia.

            According to the government’s evidence, Fabrizio met the woman on Aug. 19, 2019, after corresponding via a dating website and text. They had consensual sex, and Fabrizio gave her $400 in cash, as agreed upon beforehand. The next day, Fabrizio sought to set up another meeting, and the woman declined. At that point, Fabrizio sent the first in a series of texts to her, warning that the woman’s employer, parents, and landlord would be told about their sex-for-cash arrangement unless it continued. Similar texts followed, and the woman agreed to see him. During that second encounter, on Aug. 20, 2019, Fabrizio sexually abused her. Fabrizio later persisted with the texts, and the woman contacted the Metropolitan Police Department. He was arrested on Aug. 21, 2019.

            In announcing the plea, Acting U.S. Attorney Phillips commended those who investigated the case from MPD’s Sexual Assault Unit. He also expressed appreciation for the work of those who handled the case for the U.S. Attorney’s Office, including former Victim Witness Specialist Juanita Harris, and Assistant U.S. Attorney Peter V. Taylor, who is prosecuting the matter.

 

A federal grand jury in the District of Columbia returned an indictment today charging a Canadian national with the unlawful export of laboratory equipment from the United States to Iran, through Canada and the United Arab Emirates (UAE).

According to court documents, Reza Sarhangpour Kafrani, aka Reza Sarhang, 46, an Iranian national residing in Montreal, was indicted by a grand jury in the U.S. District Court for the District of Columbia on one count of conspiracy, two counts of violations of the International Emergency Economic Powers Act (IEEPA), one count of causing a failure to submit export information and six counts of money laundering. The indictment also includes a forfeiture allegation seeking all proceeds of the alleged crimes. Kafrani will be arraigned on the charges on a date to be determined by the court.

According to the indictment, Kafrani and a co-conspirator co-owned Prolife Global, Ltd., which was based in Canada, but conducted business in the United States and elsewhere. In November 2015, Kafrani began negotiating with a U.S. company to purchase mass spectrometry equipment for import to Canada. During those negotiations, Kafrani initially inquired about costs to ship and install the equipment in Montreal, Canada. Later, however, Kafrani asked a representative of the company if the installation costs were the same for the Middle East, and the representative of the company emailed Kafrani, saying, “You know there are sanctions in place for Iran.” Kafrani was unable to purchase the equipment from this company.

As alleged in the indictment, he then began negotiations with a second U.S. company for the purchase of similar mass spectrometry equipment in March 2016. Ultimately, he and a co-conspirator were able to purchase three mass spectrometers and an autosampler, used to automatically load samples into the mass spectrometer, for a total of approximately $110,739.

Chromatography and spectrometry analytical instruments, such as some of the laboratory equipment purchased by Kafrani, are controlled for nuclear nonproliferation reasons and therefore require a license to be exported from the United States to either Iran or the UAE. Specifically, a license is required from the Department of Commerce’s Bureau of Industry and Security (BIS) to export such items to the UAE, while a license is required from the Department of the Treasury, Office of Foreign Assets Control (OFAC), to export to Iran. The remaining laboratory equipment purchased by Kafrani may not be exported to Iran without a license from OFAC. Kafrani and his co-conspirator applied for an export license from OFAC on Nov. 16, 2015, and again April 23, 2016, but OFAC declined to grant either application. Kafrani’s co-conspirator applied for a license from BIS on March 28, 2016, but that application was returned without action by BIS because OFAC is responsible for administering the U.S. sanctions against Iran.

On Aug. 24, 2016, Kafrani and his co-conspirator directed the second U.S. company to ship one mass spectrometer to Canada, and then coordinated with a Canadian shipping company to reexport it to the UAE on Sept. 7, 2016. From there, they arranged for a UAE-based shipping company to reexport the item to Iran on Sept. 25, 2016.

In September 2016, Kafrani and his co-conspirator arranged for a Canada-based shipping company to pick up two more mass spectrometers and an autosampler directly from the second U.S. company, transport the items to Canada and then reexport them to the UAE Kafrani then hired a UAE-based transport company to reexport the items to Iran on Oct. 11, 2016.

Kafrani never told the second U.S. company that the items were ultimately destined for Iran, causing the firm to fail to file the legally required electronic export information. Kafrani also made, or caused to be made, six separate money transfers from bank accounts in Canada and elsewhere to bank accounts in the United States with the intent to promote the unlawful exports to Iran described above. Charges of conspiracy and failing to submit export information carry a statutory maximum of five years in prison. Violations of the IEEPA and money laundering charges carry a statutory maximum of 20 years in prison. The charges also carry potential financial penalties. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division (NSD); Acting U.S. Attorney Channing D. Phillips for the District of Columbia; Special Agent in Charge Kevin M. Kelly of the Homeland Security Investigations (HSI) Buffalo Field Office; Special Agent in Charge Jonathan Carson of the Department of Commerce’s New York Field Office, Office of Export Enforcement; Acting Special Agent in Charge Thomas Fattorusso of the IRS Criminal Investigation (IRS-CI) New York Field Office and Special Agent in Charge Stephen Belongia of the FBI’s Buffalo Field Office made the announcement.

Homeland Security Investigations (HSI), the Department of Commerce’s Office of Export Enforcement. IRS-Criminal Investigations, and the FBI are investigating the case.

Assistant U.S. Attorney Christopher Tortorice for the U.S. Attorney’s Office in the District of Columbia and Trial Attorney Beau Barnes of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case, with substantial assistance provided by former Assistant U.S. Attorney Jessica Brooks and former Trial Attorney Heather Alpino.

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

WASHINGTON – A federal grand jury in the District of Columbia returned an indictment today charging a Canadian national with the unlawful export of laboratory equipment from the United States to Iran, through Canada and the United Arab Emirates (UAE).

            According to court documents, Reza Sarhangpour Kafrani, aka Reza Sarhang, 46, an Iranian national residing in Montreal, was indicted by a grand jury in the U.S. District Court for the District of Columbia on one count of conspiracy, two counts of violations of the International Emergency Economic Powers Act (IEEPA), one count of causing a failure to submit export information and six counts of money laundering. The indictment also includes a forfeiture allegation seeking all proceeds of the alleged crimes. Kafrani will be arraigned on the charges on a date to be determined by the court.

            According to the indictment, Kafrani and a co-conspirator co-owned Prolife Global, Ltd., which was based in Canada, but conducted business in the United States and elsewhere. In November 2015, Kafrani began negotiating with a U.S. company to purchase mass spectrometry equipment for import to Canada. During those negotiations, Kafrani initially inquired about costs to ship and install the equipment in Montreal, Canada. Later, however, Kafrani asked a representative of the company if the installation costs were the same for the Middle East, and the representative of the company e-mailed Kafrani, saying, “You know there are sanctions in place for Iran.” Kafrani was unable to purchase the equipment from this company.

            As alleged in the indictment, he then began negotiations with a second U.S. company for the purchase of similar mass spectrometry equipment in March 2016. Ultimately, he and a co-conspirator were able to purchase three mass spectrometers and an autosampler, used to automatically load samples into the mass spectrometer, for a total of approximately $110,739.

            Chromatography and spectrometry analytical instruments, such as some of the laboratory equipment purchased by Kafrani, are controlled for nuclear nonproliferation reasons and therefore require a license to be exported from the United States to either Iran or the UAE. Specifically, a license is required from the Department of Commerce’s Bureau of Industry and Security (BIS) to export such items to the UAE while a license is required from the Department of the Treasury, Office of Foreign Assets Control (OFAC) to export to Iran. The remaining laboratory equipment purchased by Kafrani may not be exported to Iran without a license from OFAC. Kafrani and his co-conspirator applied for an export license from OFAC on Nov. 16, 2015, and again April 23, 2016, but OFAC declined to grant either application. Kafrani’s co-conspirator applied for a license from BIS on March 28, 2016, but that application was returned without action by BIS because OFAC is responsible for administering the U.S. sanctions against Iran.

            On Aug. 24, 2016, Kafrani and his co-conspirator directed the second U.S. company to ship one mass spectrometer to Canada, and then coordinated with a Canadian shipping company to reexport it to the UAE on Sept. 7, 2016. From there, they arranged for a UAE based shipping company to reexport the item to Iran on Sept. 25, 2016.

           In September 2016, Kafrani and his co-conspirator arranged for a Canada-based shipping company to pick up two more mass spectrometers and an autosampler directly from the second U.S. company, transport the items to Canada, and then reexport them to the UAE Kafrani then hired a UAE-based transport company to reexport the items to Iran on Oct. 11, 2016.

            Kafrani never told the second U.S. company that the items were ultimately destined for Iran, causing the firm to fail to file the legally required electronic export information. Kafrani also made, or caused to be made, six separate money transfers from bank accounts in Canada and elsewhere to bank accounts in the United States with the intent to promote the unlawful exports to Iran described above.

            Charges of conspiracy and failing to submit export information carry a statutory maximum of five years in prison. Violations of the IEEPA and money laundering charges carry a statutory maximum of 20 years in prison. The charges also carry potential financial penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

            Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division (NSD); Acting U.S. Attorney Channing D. Phillips for the District of Columbia; Special Agent in Charge Kevin M. Kelly of the Department of Homeland Security’s Homeland Security Investigations (HSI) Buffalo Field Office; Special Agent in Charge Jonathan Carson of Department of Commerce’s New York Field Office, Office of Export Enforcement; Acting Special Agent in Charge Thomas Fattorusso of the IRS Criminal Investigation (IRS-CI) New York Field Office and Special Agent in Charge Stephen Belongia of the FBI’s Buffalo Field Office made the announcement.

            This case is being investigated by the Buffalo Field Office of the U.S. Department of Homeland Security’s Homeland Security Investigations (HSI), the New York Field Office of the Department of Commerce’s Office of Export Enforcement, the New York Field Office of IRS Criminal Investigation (IRS-CI) and the Buffalo Field Office of the FBI.

            Assistant U.S. Attorney Christopher Tortorice for the U.S. Attorney’s Office in the District of Columbia and Trial Attorney Beau Barnes of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case, with substantial assistance provided by former Assistant U.S. Attorney Jessica Brooks and former Trial Attorney Heather Alpino.

 

An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

WASHINGTON – Brian Kampel, 44, of Washington, D.C., was sentenced today to 33 months in prison for accessing child pornography, announced Acting U.S. Attorney Channing D. Phillips, and Raymond Villanueva, Special Agent in Charge, Homeland Security Investigations (HSI), Washington, D.C.

            Kampel pleaded guilty earlier this month in the U.S. District Court for the District of Columbia.  He was sentenced by the Honorable Judge Dabney L. Friedrich. Following his prison term, he will be placed on supervised release for the rest of his life. In addition, he will be required to register as a sex offender for 15 years following his release from prison. Judge Friedrich also ordered Kampel to pay $39,000 in restitution to his victims.

            According to the government’s evidence, Kampel was identified as part of a national investigation, conducted by the U.S. Department of Homeland Security Investigations (HSI), into a password-protected, fee-based website, that advertised child sexual abuse material. 

            After gaining access to the website, an individual could pay to purchase and download child pornography.  This commercial website advertised that it offered users, like Kampel, 600,000 images and 400 hours of video.  Kampel paid to purchase and download child pornography in August of 2017.

            Following a search of Kampel’s residence, in September of 2019, law enforcement found a laptop computer with over 1,000 images depicting the sexual abuse of children as young as infants and toddlers.  The forensic evidence in the case determined that Kampel had been accessing, downloading, and possessing child sexual abuse material for over eight years.

            This case was brought as part of the Department of Justice's Project Safe Childhood initiative. Project Safe Childhood is a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

            In announcing the sentence, Acting U.S. Attorney Phillips and Special Agent in Charge Villanueva commended the work of those who investigated the case from the Department of Homeland Security, Homeland Security Investigations.  They also commended the work of Assistant U.S. Attorney Amy E. Larson, who prosecuted the case.

 

 

WASHINGTON – Mark L. Lezell, 74, of Rockville, Md., has been sentenced to 12 months in prison and 12 months of home detention for his role in a fraud conspiracy targeting companies and individuals from across the United States and around the world.

            The announcement was made today by Acting U.S. Attorney Channing D. Phillips, Robert Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division, and Darrell J. Waldon, Acting Special Agent in Charge of the IRS-CI Washington DC Field Office.

            Lezell pled guilty in June 2016, in the U.S. District Court for the District of Columbia,  to one count of conspiracy to commit wire fraud and one count of failure to file a tax return. He was sentenced on July 28, 2021, by the Honorable Richard J. Leon. In addition to his prison term, the Court ordered Lezell to pay restitution in the amount $1,787,678 as well as a forfeiture money judgment in the amount of $651,955.  Following his prison term, he will be placed on 36 months of supervised release, 12 months of which will be on home detention.

            According to the government’s evidence, beginning in or about 2009, and continuing through at least 2012, Lezell and his co-conspirator, Issam Abu-Ghosh, conducted a scheme to defraud individuals, companies, and other types of entities, to obtain money.  The scheme was conducted in a similar manner for many of the victims.  In nearly every instance, Abu-Ghosh represented to the victims that Abu-Ghosh, through his solely-owned company, could obtain a loan for the victims through various connections that he maintained. The loans needed by the victims were often for millions of dollars and to fund large projects.  Prior to soliciting potential lenders, Abu-Ghosh required that each victim provide a good faith deposit to be held in escrow to show the victim’s good intentions toward obtaining the loan. The good faith deposits ranged from $15,000 to $250,000.

            Lezell, an attorney, acted as the escrow agent for the good faith deposits.  Once an agreement was reached between the victim and Abu-Ghosh, the terms and conditions were memorialized in a loan commitment contract.  The loan commitment included an escrow agreement, which identified Lezell as the escrow agent and provided conditions under which the escrow agreement would operate, including the transfer of the good faith deposit to a bank account held by Lezell.  In most cases, the escrow agreement required that Lezell hold the money with the understanding that the funds would be returned to the victim if Abu-Ghosh failed to identify and provide a lender.  Once the victim wired the good faith deposit to the escrow account, most of that money was transferred to Abu-Ghosh within days.

            Lezell obtained over $1,653,955 in good faith deposits into his account.  No loans were ever obtained by Abu-Ghosh.  Instead, the good faith deposits were used by Abu-Ghosh and Lezell for their personal benefit or to further the scheme. Lezell also admitted that he did not file a tax return with the Internal Revenue Service for the tax year 2008, despite receiving a gross income of approximately $350,073.02.

            Abu-Ghosh, 63, of Leesburg, Va., plead guilty in September 2018 and was sentenced in January 2020 to 60 months of incarceration, followed by 60 months of supervised release, an order to pay restitution in the amount of $1,358,980, as well as a forfeiture money judgment in the amount of $952,000.

            In announcing the sentence, Acting U.S. Attorney Phillips, Acting Special Agent in Charge Bornstein, and Acting Special Agent in Charge Waldron commended the work performed by those who investigated the case from the IRS-Criminal Investigation Division and the FBI’s Washington Field Office.  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 Michelle A. Zamarin, and former Assistant U.S. Attorney Michael Marando, who prosecuted the case.

WASHINGTON – Eleven people have been arrested following their indictments on federal charges stemming from an investigation into a drug trafficking network based in Southeast Washington that sold cocaine, crack cocaine, Fentanyl, PCP, and other drugs.

            The indictments were made public this week and announced today by Acting U.S. Attorney Channing D. Phillips, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division Robert Bornstein, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).

            Most of the defendants were arrested by the FBI and MPD on Monday, July 19; all 11 remain in custody. A 12th individual was arrested on related charges. The arrests followed an extensive investigation into a ring that was primarily based in the areas of Martin Luther King Jr., Avenue SE, Mellon Street SE, and Malcolm X Avenue SE, in the Seventh Police District.

            A total of 10 firearms have been seized during the investigation, along with PCP, crack, powder cocaine, heroin, pills, and over $2,500 in cash.

            “This investigation is part of a broader effort to target violence, drug trafficking, and the possession of illegal firearms in the District of Columbia,” said Acting U.S. Attorney Phillips. “This work is critically important to protecting those who live and work in our community. The arrests reflect the coordination taking place at the federal and local levels every day.”

            “The FBI’s Washington Field Office is engaged and working on a daily basis in partnership with MPD and other law enforcement agencies to reduce violent crime in the District of Columbia,” said Acting Special Agent in Charge Bornstein. “This joint partnership with MPD’s Violence Reduction Unit is producing significant results, as demonstrated by the arrests and indictment being announced today. The FBI is committed to continuing to work aggressively to seek justice for those affected by violent crime and prevent additional innocent citizens from becoming victims.”

            “Through the focused coordination and intense collaboration of MPD’s Violence Reduction Unit and our law enforcement partners, we are determined to remove the District’s most violent offenders from our streets,” stated MPD Chief Contee. “As alleged in the indictment, these individuals are responsible for many of the drug transactions in our neighborhoods and this is one step closer to making our communities safer for all.”

            Those named in the indictment include: Delonta Chappell, 34; Dezmond Cunningham, 27; Anthony Graves, 30; Nico Griffin, 31; Wesley Leake, 31; Leon Linsday, 36; Kevonte Randall, 24; Barry Tyson, 21, and Shawn Wooden, 39, all of Washington, D.C.; Deshawn Loggins, 20, of Temple Hills, Md., and Ricky Lyles, 41, of Accokeek, Md. The 12th individual, Corenzo Mobery, 39, of Washington, D.C., was indicted on related drug and firearms charges.

            The prosecutions followed a joint investigation by the FBI Washington Field Office’s Cross Border Safe Streets Task Force in partnership with MPD’s Narcotics and Special Investigations (NSID) Violence Reduction Unit. This partnership targets the most egregious and violent street crews operating in the District of Columbia. Assistance was provided by the U.S. Drug Enforcement Administration, the U.S. Park Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The case is being prosecuted by Assistant U.S. Attorney David Henek of the U.S. Attorney’s Office for the District of Columbia.

            The investigation had the sponsorship and support of the federal Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF specializes in the investigation and prosecution of drug trafficking and money laundering organizations and related criminal enterprises.

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

WASHINGTON – Glenn Matthews, 32, of Washington, D.C., has been detained pending trial following the filing of charges of attempted production of child pornography, attempted enticement, enticement of a minor, and sending obscene material to minors.

            The charges, contained in a criminal complaint that was unsealed last week, were announced today by Acting U.S. Attorney Channing D. Phillips, Robert Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).

            Matthews was arrested on July 22, 2021, after he was charged in the complaint filed in the U.S. District Court for the District of Columbia. The complaint alleges that, between July 2020 and November 2020, Matthews utilized the Instagram account SOUTHSIDEAREA to send ten different minors graphic images of himself and/or videos of himself masturbating.  The complaint alleges that Matthews also tried to meet at least two of these children for sex, one of whom he suggested meeting at the Anacostia Metro Station.  According to the complaint, Matthews also solicited explicit images of at least one purported minor and took a screenshot of an explicit image of another purported minor. The complaint alleges that he threatened to share the screenshot with others if the purported minor did not comply with his demands.

            At a hearing on July 26, 2021, the Honorable Magistrate Judge G. Michael Harvey detained Matthews pending trial.  A preliminary hearing has been scheduled for Aug. 20.

            The charges in criminal complaints are merely allegations and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

            This case is being investigated by the Metropolitan Police Department and the FBI Washington Field Office's Child Exploitation and Human Trafficking Task Force, composed of FBI agents and local, state, and federal partners. It is being prosecuted by Assistant U.S. Attorney April Nicole Russo, with assistance from Paralegal Specialist Alexis Spencer-Anderson.

            People with information about these or other child exploitation crimes are encouraged to call the FBI at 1-800-CALL-FBI or submit a tip online at tips.fbi.gov.

            WASHINGTON –Nyekemia Everett, 35, of Greenbelt, Md., and Malik Hewitt, 41, of Capitol Heights, Md., have been found guilty of first-degree felony murder while armed and other charges in the 2017 killing of a man in Southeast Washington.

            The announcement was made by Acting U.S. Attorney Channing D. Phillips and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD). The verdict was returned on July 26, 2021, following a trial in the Superior Court of the District of Columbia. In addition to the murder charge, the defendants were found guilty of conspiracy, attempted robbery while armed, and related offenses. The Honorable Neal E. Kravitz scheduled sentencing for Oct. 14, 2021. Both men face a maximum sentence of life in prison.

            According to the government’s evidence, beginning on April 26, 2017, Everett, Hewitt, and a third individual plotted to rob the victim, Christopher Heard. Over the phone, they lured him to the 2300 block of Ainger Place SE, on the pretense of a drug deal. At approximately 3:30 a.m. on April 27, 2017, Everett, Hewitt and the third individual drove together to the area and parked. In the meeting that followed, roughly 15 minutes later, Everett pointed a gun at Mr. Heard and announced a robbery. Mr. Heard lunged toward Everett, who shot him twice. Mr. Heard, 37, died at the scene. Everett and Hewitt fled the area and were arrested in May 2017.

            In announcing the verdict, Acting U.S. Attorney Phillips and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the FBI, Bode Technology, and the crime scene search unit from the District of Columbia Department of Forensic Services. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Alyse Constantinide and Richard Barker; Paralegal Specialists Lornce Applewhite, Debra Forte, Nicole McGhee, and Lashone Samuels; Victim Witness Specialist Jennifer Allen; Robert Cephas, La June Thames, Katina Adams-Washington, M. LaVerne Perry, Lesley Slade, and Maenylie Watson, all of the Victim Witness Assistance Unit; Supervisory Litigation Technology Specialist Leif Hickling, and Homicide Section Intern Jack Holt.

            Finally, they commended the work of Assistant U.S. Attorneys Michael Liebman and Shehzad Akhtar, who prosecuted the case.

 

WASHINGTON – Michael Jabaar Wilkins, 38, of Norfolk, Va., has pleaded guilty to a federal sex trafficking charge stemming from his sexual exploitation of three women – sometimes using violence - between 2011 and 2019 for his own financial gain.

            The guilty plea was announced by Acting U.S. Attorney Channing D. Phillips, Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).

            Wilkins pleaded guilty on July 21, 2021, in the U.S. District Court for the District of Columbia, to a charge of sex trafficking by force, fraud, or coercion. The charge carries a mandatory minimum of 15 years in prison. Wilkins remains detained pending his sentencing on Dec. 2, 2021, by the Honorable Rudolph Contreras.

            According to the government’s evidence, over the course of a decade, Wilkins separately induced and coerced the women to travel from Virginia to the District of Columbia to engage in commercial sex acts for his own financial benefit. He took sexually explicit photographs of two of the women that he used in online advertisements for commercial sex. The activities took place in the 1300 block of 12th Street NW and other locations in the Logan Circle neighborhood of Northwest Washington. According to the evidence, Wilkins physically assaulted two of the women, knocking one of them unconscious in one confrontation.

            Wilkins was arrested on Nov. 5, 2019, following an investigation by the Metropolitan Police Department and the FBI Child Exploitation and Human Trafficking Task Force, which is composed of FBI agents and local, state, and federal partners. He has been detained ever since. He pleaded guilty less than a week before his trial was scheduled to begin.

          In announcing the plea, Acting U.S. Attorney Phillips, Acting Special Agent in Charge Bornstein, and Chief Contee commended the work of those who investigated the case from the FBI and MPD. also expressed appreciation for the assistance provided by Trial Attorney Jessica Arco of the Justice Department’s Human Trafficking Prosecution Unit. They acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Kenny Nguyen and Alexis Spencer-Anderson, Victim Witness Program Specialist Yvonne Bryant, Victim Witness Service Coordinator Tonya Jones, and Witness Security Specialist Lesley Slade. Finally, they commended the work of Assistant U.S. Attorneys Amy E. Larson and Janani Iyengar, who investigated and prosecuted the case.

 

WASHINGTON – A California man pleaded guilty today to sexual abuse and admitted to the abusive sexual contact of numerous women, as well as photographing and recording dozens of nude and partially nude women without their consent during his career as a U.S. government employee.

            According to court documents, Brian Jeffrey Raymond, 45, of La Mesa, was most recently employed by the U.S. government at the U.S. Embassy in Mexico City, Mexico. Raymond departed Mexico after an adult woman was observed nude and screaming for help from his balcony on May 31, 2020. The woman reported she had no memory of events after consuming drinks and food provided by Raymond.

            “Brian Raymond betrayed the trust granted to him as a U.S. government employee representing the United States abroad by engaging in years of predatory conduct sexually abusing, exploiting, and recording vulnerable women he targeted in the United States and around the world,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division.  “As demonstrated by Raymond’s prosecution and plea, the Department of Justice and its law enforcement partners will use all of the tools at our disposal to hold accountable those who victimize women.”

            During the subsequent investigation, law enforcement agents recovered hundreds of photographs and videos depicting more than 20 unconscious and nude or partially nude women from Raymond’s cell phones, iCloud account, and other electronic devices. Raymond created these materials starting at least as early as 2006 and continuing up until May 30, 2020. Raymond’s hand is visible in photographs and videos manipulating his victims’ eyes, mouths, and limbs and fondling their breasts and buttocks. Raymond is also seen lying in bed with unconscious women on two different occasions. The women experienced memory loss during their time with Raymond and had no knowledge of the photographs, videos or physical contact. Internet history recovered from Raymond’s devices revealed searches for unconscious women, as well as searches for the side effects of prescription drugs combined with alcohol, for example, “ambien and alcohol side effects,” “Ambien dissolve,” “Ambien and alcohol pass out” and “passed out and carried.”

            “Thanks to the coordinated efforts of law enforcement here and abroad, Brian Raymond was brought to justice for the sexual and exploitive crimes he repeatedly committed against numerous women,” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “We hope that this guilty plea brings some solace to his many victims.”

            In the plea agreement, Raymond admitted he engaged in sexual intercourse with two of the victims depicted in the recordings when both were incapable of appraising the nature of the conduct or consenting to it. These offenses occurred on May 30, 2020, and March 26, 2020, in Raymond’s embassy-leased residence in Mexico City. Additionally, Raymond admitted that over the course of 14 years he recorded and/or photographed at least 24 unconscious and nude or partially nude women and touched the breasts, buttocks, groin area and/or genitalia of numerous women while they were incapable of consent. Raymond transported these obscene materials, specifically 479 photographs and videos of 20 unconscious and nude or partially nude women, into the United States. While under investigation, Raymond attempted to delete the photographs and videos from his devices and internet accounts and made materially false statements to law enforcement. 

            “Today’s guilty plea of Brian Jeffrey Raymond sends a strong message: The Diplomatic Security Service is committed to making sure U.S. government employees who engage in predatory behavior for which they can be charged with a criminal offense face serious consequences,” said Acting Assistant Director for Domestic Operations Julia Sweeney of the U.S. Department of State’s Diplomatic Security Service (DSS). “Our strong relationships with the U.S. Department of Justice and U.S. and foreign law enforcement partners around the world continue to be essential in the pursuit of justice.”

            “Brian Jeffrey Raymond’s guilty plea is a step in the right direction in the pursuit of justice for the many victims of his predatory behaviors,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “The FBI is grateful to the brave women who came forward to provide information to further this investigation and put a stop to Raymond’s actions.”

            Raymond will be sentenced at a date to be determined and faces a maximum penalty of life in prison, a fine of $250,000, a term of supervised release of at least five years and mandatory restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

            Trial Attorneys Jamie Perry and Danielle Hickman of the Justice Department’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney April Russo of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case.

            The FBI and the Department of State’s DSS Office of Special Investigations are investigating the case. The Justice Department’s Office of International Affairs and National Security Division provided valuable assistance.

            The Department of Justice gratefully acknowledges the Government of Mexico, to include the Fiscalía General de la República and the Fiscalía General de Justicia de la Ciudad de México, for their extraordinary efforts, support and cooperation during the investigation.

            If you believe you have been a victim, have information about Raymond or know of someone who may have information about Raymond, the FBI requests that you fill out this secure, online questionnaire, email FBI at [email protected] or call 1-800-CALL-FBI.

 

A California man pleaded guilty today to sexual abuse and admitted to the abusive sexual contact of numerous women, as well as photographing and recording dozens of nude and partially nude women without their consent during his career as a U.S. government employee.

According to court documents, Brian Jeffrey Raymond, 45, of La Mesa, was most recently employed by the U.S. government at the U.S. Embassy in Mexico City, Mexico. Raymond departed Mexico after an adult woman was observed nude and screaming for help from his balcony on May 31, 2020. The woman reported she had no memory of events after consuming drinks and food provided by Raymond.

“Brian Raymond betrayed the trust granted to him as a U.S. government employee representing the United States abroad by engaging in years of predatory conduct sexually abusing, exploiting, and recording vulnerable women he targeted in the United States and around the world,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “As demonstrated by Raymond’s prosecution and plea, the Department of Justice and its law enforcement partners will use all of the tools at our disposal to hold accountable those who victimize women.”

During the subsequent investigation, law enforcement agents recovered hundreds of photographs and videos depicting more than 20 unconscious and nude or partially nude women from Raymond’s cell phones, iCloud account, and other electronic devices. Raymond created these materials starting at least as early as 2006 and continuing up until May 30, 2020. Raymond’s hand is visible in photographs and videos manipulating his victims’ eyes, mouths, and limbs and fondling their breasts and buttocks. Raymond is also seen lying in bed with unconscious women on two different occasions. The women experienced memory loss during their time with Raymond and had no knowledge of the photographs, videos, or physical contact. Internet history recovered from Raymond’s devices revealed searches for unconscious women, as well as searches for the side effects of prescription drugs combined with alcohol, for example, “ambien and alcohol side effects,” “Ambien dissolve,” “Ambien and alcohol pass out,” and “passed out and carried.”

“Thanks to the coordinated efforts of law enforcement here and abroad, Brian Raymond was brought to justice for the sexual and exploitive crimes he repeatedly committed against numerous women,” said Acting U.S. Attorney Channing D. Phillips for the District of Columbia. “We hope that this guilty plea brings some solace to his many victims.”

In the plea agreement, Raymond admitted he engaged in sexual intercourse with two of the victims depicted in the recordings when both were incapable of appraising the nature of the conduct or consenting to it. These offenses occurred on May 30, 2020, and March 26, 2020, in Raymond’s embassy-leased residence in Mexico City. Additionally, Raymond admitted that over the course of 14 years he recorded and/or photographed at least 24 unconscious and nude or partially nude women and touched the breasts, buttocks, groin area and/or genitalia of numerous women while they were incapable of consent. Raymond transported these obscene materials, specifically 479 photographs and videos of 20 unconscious and nude or partially nude women, into the United States. While under investigation, Raymond attempted to delete the photographs and videos from his devices and internet accounts and made materially false statements to law enforcement. 

“Today's guilty plea of Brian Jeffrey Raymond sends a strong message: The Diplomatic Security Service is committed to making sure U.S. government employees who engage in predatory behavior for which they can be charged with a criminal offense face serious consequences,” said Acting Assistant Director for Domestic Operations Julia Sweeney of the U.S. Department of State’s Diplomatic Security Service (DSS). “Our strong relationships with the U.S. Department of Justice and U.S. and foreign law enforcement partners around the world continue to be essential in the pursuit of justice.”

“Brian Jeffrey Raymond’s guilty plea is a step in the right direction in the pursuit of justice for the many victims of his predatory behaviors,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “The FBI is grateful to the brave women who came forward to provide information to further this investigation and put a stop to Raymond’s actions.”

Raymond will be sentenced at a date to be determined and faces a maximum penalty of life in prison, a fine of $250,000, a term of supervised release of at least five years and mandatory restitution. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. 

Trial Attorneys Jamie Perry and Danielle Hickman of the Justice Department’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney April Russo of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case.

The FBI and the Department of State’s DSS Office of Special Investigations are investigating the case. The Justice Department’s Office of International Affairs and National Security Division provided valuable assistance.

The Department of Justice gratefully acknowledges the Government of Mexico, to include the Fiscalía General de la República and the Fiscalía General de Justicia de la Ciudad de México, for their extraordinary efforts, support and cooperation during the investigation.

If you believe you have been a victim, have information about Raymond or know of someone who may have information about Raymond, the FBI requests that you fill out this secure, online questionnaire, email FBI at [email protected] or call 1-800-CALL-FBI.

WASHINGTON – A longtime payroll administrator was found guilty today of wire fraud and other charges for a scheme in which she embezzled more than $1.5 million from her former employer, announced Acting U.S. Attorney Channing D. Phillips and Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division.

            Eleanor Milligan, 61, of Silver Spring, Md., was found guilty of a total of 13 counts, including wire fraud, aggravated identity theft, and first-degree theft. The verdict followed a trial in the U.S. District Court for the District of Columbia. The Honorable Timothy J. Kelly scheduled sentencing for Oct. 22, 2021.

            According to the government’s evidence, except for brief periods, Milligan worked from 1998 to 2016 for a company based in Washington, D.C.  Beginning in at least or about August 2009, and continuing until in or about March 2016, Milligan used her fellow employees’ names and personal identifying identification without authority to transmit false payment requests to herself through the employer’s payroll processing system. In total, Milligan caused more than $1.5 million in fraudulently obtained payments to be direct-deposited into accounts under her control and otherwise paid for her benefit.

            In announcing the verdict, Acting U.S. Attorney Phillips and Acting Special Agent in Charge Bornstein commended the work of those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the assistance provided by the Metropolitan Police Department (MPD). They commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Chad Byron and Michon Tart, Victim-Witness Service Coordinator Tonya Jones, Supervisory Litigation Technology Specialist Leif Hickling, and Litigation Technology Specialist Jeanie Latimore-Brown. Finally, they acknowledged the work of Assistant U.S. Attorneys Diane Lucas and Christine Macey, who prosecuted the matter.

 

WASHINGTON – Tyrone Grandberry, 61, of Woodbridge, Va., has been sentenced to 24 months in prison on charges of wire fraud stemming from a scheme to defraud people who trusted him to invest money on their behalf, and possessing a fraudulent immigration document.

           The announcement was made by Acting U.S. Attorney Channing D. Phillips, Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division, and Carlos F. Matus, Acting Director of the U.S. Department of State’s Diplomatic Security Service.

           Grandberry pleaded guilty in July 2019 to one count each of wire fraud and possessing a fraudulent immigration document. He was sentenced on July 20, 2021, by the Honorable Paul L. Friedman in the U.S. District Court for the District of Columbia. Upon completion of the prison term, he will be placed on three years of supervised release. He also must pay restitution to victims totaling $3,622,185.

           According to the government’s evidence, Grandberry and others solicited investments totaling approximately $4 million and diverted money for their personal use. In some cases, Grandberry “repaid” or “refunded” prior victims with money that he obtained from new investors. He also obtained and possessed a fraudulent Austrian passport in another name. 

          In announcing the sentence, Acting U.S. Attorney Phillips, Acting Special Agent in Charge Bornstein, and Acting Director Matus commended the work of those who investigated the case from the FBI’s Washington Field Office and the State Department’s Diplomatic Security Service. They also commended the efforts of those who handled the case from the U.S. Attorney’s Office, including Paralegal Specialist Jessica McCormick and Assistant U.S. Attorney Demian Ahn, who prosecuted the matter.

 

WASHINGTON – Henry “Enrique” Tarrio, 37, of Miami, Fla., pleaded guilty today to charges in two cases, including one involving the burning of a Black Lives Matter banner stolen from a downtown Washington church, announced Acting U.S. Attorney Channing D. Phillips and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).

            Tarrio pleaded guilty in the Superior Court of the District of Columbia to one count of destruction of property and one count of attempted possession of a large-capacity ammunition feeding device. Each offense carries a maximum sentence of 180 days’ imprisonment and/or a $1,000 fine. Sentencing is scheduled for Aug. 23, 2021, before the Honorable Harold L. Cushenberry, Jr. While pending sentencing, Tarrio must continue to abide by a court order to stay away from the District of Columbia.

            According to a proffer of facts submitted at today’s hearing, on the evening of Dec. 12, 2020, a group of individuals affiliated with the “Proud Boys,” including Tarrio, were in the area of 11th and K Streets NW, near the location of Asbury United Methodist Church. Unidentified members of the group stole the banner from the church’s property. The banner had lettering that read “#BLACKLIVESMATTER.” The banner also contained the Church’s logo and website address.

            The group then walked southbound on 11th Street NW and took the banner to the intersection of 11th and E Streets NW. At the intersection, the group burned the banner, using lighter fluid and lighters. Numerous unidentified individuals crouched down and applied lighters to the edges of the banner. Tarrio posted a picture to his “Parler” social media account depicting himself holding an unlit lighter, inches from the ignited lighters in two other individuals’ hands.

            In the days that followed, Tarrio admitted to burning the banner on social media and in comments to numerous media outlets.

            Tarrio returned to the District of Columbia from Florida on Jan. 4, 2021, and he was arrested on a warrant charging him with the Dec. 12, 2020, destruction of property offense. In a search of his book bag, conducted at the time of his arrest, police recovered two high-capacity firearm magazines. Each magazine bars the insignia of the “Proud Boys.” In an interview with police, Tarrio told detectives that he had intended to transfer the magazines to a customer who was also going to be present in the District of Columbia.

            In announcing the plea, Acting U.S. Attorney Philips and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department, as well as those who are prosecuting the matter from the U.S. Attorney’s Office.

 

WASHINGTON – The Superior Court of the District of Columbia is hosting the final two days of its Virtual Safe Surrender Program this Friday, July 16, and Saturday, July 17. “Safe Surrender” is a program that allows an individual to take care of a misdemeanor bench warrant without having to visit the courthouse or a police station.  Anyone wishing to surrender voluntarily can participate on their computer or smartphone.

            “The U.S Attorney’s Office for the District of Columbia encourages anyone who has an outstanding bench warrant in a misdemeanor case, or who may have missed a court hearing and is unsure of what to do, to take part in DC Safe Surrender,” said Acting U.S. Attorney Channing D. Phillips. “Prosecutors will credit you for you taking responsibility and coming forward to handle the warrant without the involvement of the police.  Participants will be treated respectfully, and defense attorneys will be available to represent persons who wish to have a lawyer.  A participant’s warrant may even be taken care of the day that they log in to DC Safe Surrender.  The U.S. Attorney’s Office for the District of Columbia urges individuals to take advantage of the final days of this program.”

            The Court strongly encourages registration in advance at: http://DCCourts.gov/safesurrender.

 

 

 

WASHINGTON – Maxine Marie Williams, 49, of Washington, D.C., was sentenced today to 12 months and one day in prison for attempting to steal more than $200,000 from two former employers, both non-profit organizations in the District of Columbia.

            The sentence was announced by Acting U.S. Attorney Channing D. Phillips, Daniel A. Adame, U.S Postal Inspector in Charge for the Washington Division, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).

            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. According to the government’s evidence, 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, Md.

            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, according to the government’s evidence, 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 in April 2021 in the U.S. District Court for the District of Columbia to one count of interstate transportation of stolen property. In addition to sentencing Williams to prison, Judge Amit P. Mehta ordered that she pay $179,500.57 in restitution and be liable for a forfeiture money judgment in the same amount.

            In announcing the sentence, Acting U.S. Attorney Phillips, Inspector in Charge Adame and 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, former Assistant U.S. Attorney Stephanie Miller, Financial Analyst Bryan Snitselaar, Paralegal Specialist Michon Tart, and former Paralegal Specialist Brittany Phillips.

WASHINGTON - The U.S. Attorney’s Office for the District of Columbia teamed up with several local and federal law enforcement partners and community-based organizations today to present the Annual “Breaking the Silence on Youth Violence” Youth Summit.  Due to continued COVID-related social distancing, the Summit was again presented virtually – this year, to more than 250 youth participants.

     Acting U.S. Attorney Channing D. Phillips welcomed youth participants, commending them for their “persistence in pursuing [their] aspirations despite the challenges that may arise.”  “[D]uring the past year-and-a-half, in the midst of the COVID-19 pandemic, [you] have faced challenges and hardships, but you continue to show your resolve in not only achieving personal success, but in helping to make your community a better place to live,” Phillips remarked.  Acting U.S. Attorney Phillips also awarded one of three 2021 United States Attorney Office’s Youth Citizenship Awards to Ronald Woods II.  Brandi Ling and Emon Thompson, who appeared remotely to accept the Award, also were recipients of the USAO Youth Citizenship Award.

     Each year, the free Summit focuses on gun violence and mental health issues, and features dynamic speakers, entertainment, prizes, and invaluable information and resources.  For the past ten years, the U.S. Attorney’s Office has collaborated with its partners to host the Youth Summit.  Past Summits have included sessions that highlighted the causes and consequences of youth violence, challenged youth participants to make better decisions, and emphasized the importance of cooperating with law enforcement.

     This year’s Youth Summit focused on prevention of gun violence, opioid abuse, and sex trafficking.  Emceed by local celebrity DJ Flava, the Summit featured Metropolitan Police Chief Robert J. Contee III; Tia Bell, founder of the T.R.I.G.G.E.R. Project; domestic sex trafficking survivor Tina Frundt, founder of Courtney’s House; and Catie Drew, DEA Scientist and Senior Prevention Program Manager, among other speakers.  Assistant U.S. Attorney Kenya Davis shepherded youth participants through a discussion of human trafficking.

     Summit partners this year included the D.C. Prevention Center; the East of the River Family Strengthening Collaborative; Hillcrest Children and Family Center; the Court Services and Offender Supervision Agency; the Marion Barry Summer Youth Program; the DC Metropolitan Police Department; the DC Department of Parks and Recreation; the DC Department of Behavioral Health; Advocates for Justice and Education Inc.; the DC Parent Information & Training Center; University Legal Services of the District of Columbia’s Disability Rights Protection and Advocacy Program; Phil More Fit Fitness; and Kids Eat Free.

     For more information, contact United States Attorney’s Office for the District of Columbia Director of Community Outreach Wendy Pohlhaus at (202)252-6930 or [email protected].

WASHINGTON - Isabelle Garcia, 56, former controller for the George Town Club (“GTC”), pleaded guilty today to a federal charge of wire fraud stemming from a scheme in which she defrauded the GTC of over $300,000. 

     The announcement was made by Channing D. Phillips, Acting U.S. Attorney for the United States Attorney’s Office for the District of Columbia, and Robert Bornstein, Acting Special Agent in Charge, FBI Washington Field Office, Criminal Division.

     Garcia was indicted in May 2018 on two counts of wire fraud, one count of bank fraud, and one count of first degree fraud.  Garcia pleaded guilty to wire fraud, the first count of the indictment, in the U.S. District Court for the District of Columbia.  The remaining charges will be dismissed at sentencing.  Wire fraud carries a statutory maximum sentence of 20 years in prison and potential financial penalties.  Under federal sentencing guidelines, Garcia faces a likely range of 27 to 33 months in prison and a fine of up to $100,000.  The plea agreement also calls for Garcia to pay $300,422.06 in restitution and to agree to entry of a $300,422.06 forfeiture money judgment.  The Honorable John D. Bates of the United States District Court for the Distict of Columbia scheduled Garcia’s sentencing for September 29, 2021. 

     As part of her plea, Garcia admitted that she was the controller for the GTC, a private dining club located in the District of Columbia.  From 2006 to 2013, Garcia admitted that she used her control over GTC financial accounts to make payments to herself and to third parties for her personal benefit.  Through her scheme, Garcia wrongfully obtained $300,442.06 to which she was not entitled. 

     In announcing the plea, Acting U.S. Attorney Phillips and Special Agent in Charge Robert Bornstein commended the work of those who investigated the case from the FBI’s Washington Field Office.  They also expressed appreciation for the work of Paralegal Specialist Stephanie Frijas.  Finally, they commended the work of Assistant U.S. Attorney Peter Lallas and former Assistant U.S. Attorney Anthony Saler, who prosecuted the case. 

# #

     WASHINGTON – Hanalei Aipoalani, 42, of Waianae, Hawaii, was sentenced today in federal court to 46 months of imprisonment for embezzling more than $500,000 from AmeriCorps and for 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; Deborah Jeffrey, Inspector General of AmeriCorps; and Steven B. Merrill, Special Agent in Charge, FBI Honolulu Field Office.

     Hanalei Aipoalani, who pleaded guilty in March 2021 to embezzlement from AmeriCorps and agreeing to take a bribe related to CARES Act funds, was sentenced today by the Honorable Reggie B. Walton of the United States District Court for the District of Columbia to 46 months of imprisonment, three years of supervised release, and ordered to pay $532,730 in restitution to AmeriCorps and a $527,000 money judgment.  

     “The defendant’s greed greatly cost the people of Hawaii, depriving them of the valuable services that AmeriCorps members provide,” said Acting U.S. Attorney Phillips. “Were it not for the investigators here, Hanalei Aipoalani would also have deprived a qualifying organization of $845,000 in much-needed support under the CARES Act.  Today’s sentence should serve as a warning that the United States Department of Justice will prosecute those who abuse their positions of power to enrich themselves at the expense of the American people.”

     “Hanalei Aipoalani stole AmeriCorps funds from his neighbors in vulnerable communities to buy luxury goods and take lavish vacations.  Holding him accountable for these contemptible actions should deter anyone tempted to do likewise,” said Deborah Jeffrey, Inspector General of AmeriCorps.”

     “AmeriCorps trusted Hanalei Aipoalani with their mission in the State of Hawai’i and were ultimately betrayed.  Today’s sentencing marks the end of Aipoalani’s betrayal of the Hawai’i community" said Honolulu FBI Special Agent in Charge Steven B. Merrill.  “The FBI would like to thank AmeriCorps Office of Inspector General and the United States Attorney for the District of Columbia for their cooperation and dedication to the pursuit of justice.”

     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, Hanalaei 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, Hanalaei 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 guilty plea, Hanalaei Aipoalani admitted to conspiring to enroll his wife, 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. Hanalaei Aipoalani also admitted to engaging in a scheme to fraudulently obtain AmeriCorps education awards for Angelita Aipoalani, even though she had not performed the required service.  Angelita Aipoalani, 42, of Waianae, Hawaii, pleaded guilty in federal court on April 1, 2021, to conspiring with Hanalei Aipoalani to embezzle more than $69,000 from AmeriCorps and to fraudulently obtaining more than $11,000 in AmeriCorps education grants, and is pending sentencing.

     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, Hanalaei 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, Hanalaei Aipoalani agreed to accept a financial benefit from an applicant who filed two fraudulent applications for CARES Act Funds under the agreement that Hanalaei 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 sentence, Acting U.S. Attorney Phillips, Inspector General Jeffrey, and Special Agent in Charge Merrill commended the work of those who investigated the case from the Office of 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 who worked on the case.

# #

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.

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.

 

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.

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.   

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

 

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[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….”

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/