District of Columbia

Thirteen individuals have been charged so far in federal court in the District of Columbia related to crimes committed at the U.S. Capitol in Washington, D.C, on Wednesday, Jan. 6, 2021. In addition to those who have been charged, additional complaints have been submitted and investigations are ongoing.

“The lawless destruction of the U.S. Capitol building was an attack against one of our Nation’s greatest institutions,” said Acting U.S. Attorney Michael Sherwin. “My Office, along with our law enforcement partners at all levels, have been expeditiously working and leveraging every resource to identify, arrest, and begin prosecuting these individuals who took part in the brazen criminal acts at the U.S. Capitol. We are resolute in our commitment to holding accountable anyone responsible for these disgraceful criminal acts, and to anyone who might be considering engaging in or inciting violence in the coming weeks – know this: you will be prosecuted to the fullest extent of the law.”

“ATF is committed to the rule of law and the protection of all citizens’ Constitutional rights,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Deputy Director Regina Lombardo. “We continue to support our law enforcement partners to ensure those who violated the law during the events at the Capitol this week are brought to justice. ATF has dedicated all appropriate resources to complete these investigations as soon as possible.”

“Today’s charges are just the beginning of the FBI’s ongoing efforts to hold those responsible for the criminal acts of violence and destruction that unfolded during the U.S. Capitol building breach on January 6th,” said FBI Director Christopher Wray. “To be clear, what took place that day was not First Amendment-protected activity, but rather an affront on our democracy. The FBI, along with our local, state and federal partners, is committed to ensuring that justice is served. We will continue to aggressively investigate each and every individual who chose to ignore the law and instead incite violence, destroy property, and injure others."

“Deputy U.S. Marshals responded to support U.S. Capitol Police after the incursion into the Capitol building. Our deputies helped to clear the building and escorted members of Congress back to the main chamber for official business,” said U.S. Marshals Service Director Donald Washington. “US Marshals will now bring to bear our fugitive investigations expertise to ensure that individuals charged in federal warrants are brought to face justice. Respect for the rule of law is a foundational principle for our democracy and the freedoms that it provides.  Unlawful acts will not go unpunished.”

“The events that happened at and around the United States Capitol were unconscionable, and those responsible will be held accountable for their attempts to thwart Democracy,” said Metropolitan Police Department Chief of Police Robert J. Contee III. “While these charges represent a positive step, there is still work to be done. Our collective intentions are to work diligently to identify all of the persons responsible for the insurrection at our U.S. Capitol.”

Thirteen individuals have been charged with federal crimes. The defendants and charges are outlined below:

1. Cleveland Meredith was charged on Jan. 7, 2021, with making interstate threats to Speaker Nancy Pelosi.
2. Richard Barnett, of Arkansas, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful entry; violent entry and disorderly conduct on Capitol grounds; and theft of public money, property, or records. Barnett allegedly entered a restricted area of the Speaker of the House Nancy Pelosi.
3. Lonnie Coffman, of Alabama, was charged on Jan. 7, 2021, with possession of an unregistered firearm (destructive device) and carrying a pistol without a license. It is alleged that Coffman’s vehicle contained 11 explosive devices known as Molotov cocktails and firearms. It is further alleged he was in possession of two firearms. Coffman was arrested and is currently being held. His detention hearing is scheduled for Jan. 12, 2021.
4. Mark Leffingwell, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority; assault on a federal law enforcement officer; and violent entry and disorderly conduct on Capitol grounds. Leffingwell allegedly entered the Senate side of the Capitol and when stopped by law enforcement, struck an officer in the helmet and chest. Leffingwell is currently being held and has a detention hearing in district court today.
5. Christopher Alberts, of Maryland, was charged on Jan. 7, 2021, with carrying or having readily accessible, on the grounds of the United States Capitol Building, a firearm and ammunition. Specifically a Taurus G2C, 9mm handgun and 9mm caliber ammunition. The defendant appeared in district court and was released. He has a preliminary hearing scheduled for Jan. 28, 2021.
6. Joshua Pruitt, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority. The defendant appeared in district court and was released. He has a preliminary hearing scheduled for Jan. 28, 2021.
7. Matthew Council, of Florida, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority and violent entry and disorderly conduct on Capitol grounds. Council allegedly unlawfully entered the Capitol building, and when stopped by law enforcement, he pushed the officer.
8. Cindy Fitchett, of Virginia, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority; or knowingly, with intent to impede government business or official functions, engaging in disorderly conduct on Capitol grounds; and violent entry and disorderly conduct on Capitol grounds.  
9. Michael Curzio, of Florida, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority; or knowingly, with intent to impede government business or official functions, engaging in disorderly conduct on Capitol grounds; and violent entry and disorderly conduct on Capitol grounds. 
10. Douglas Sweet, of Florida, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority; or knowingly, with intent to impede government business or official functions, engaging in disorderly conduct on Capitol grounds; and violent entry and disorderly conduct on Capitol grounds. 
11. Bradley Ruskelas, of Illinois, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority; or knowingly, with intent to impede government business or official functions, engaging in disorderly conduct on Capitol grounds; and violent entry and disorderly conduct on Capitol grounds. 
12. Terry Brown, of Pennsylvania, was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority; or knowingly, with intent to impede government business or official functions, engaging in disorderly conduct on Capitol grounds; and violent entry and disorderly conduct on Capitol grounds. 
13. Thomas Gallagher was charged on Jan. 7, 2021, with knowingly entering or remaining in any restricted building or grounds without lawful authority; or knowingly, with intent to impede government business or official functions, engaging in disorderly conduct on Capitol grounds; and violent entry and disorderly conduct on Capitol grounds. 

In addition, approximately 40 individuals have been arrested and charged in Superior Court with offenses including, but not limited to, unlawful entry, curfew violations, and firearms-related crimes.

The cases are being prosecuted by the U.S Attorney’s Office for the District of Columbia and are being investigated jointly by the FBI; U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Marshals Service; U.S. Capitol Police Department; and the Metropolitan Police Department.

The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com.

The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.

The details contained in the charging documents are allegations. Defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

WASHINGTON – Deallto McQuil Key Davis, 25, of Maryland, was sentenced today in U.S. District Court for the District of Columbia to 27 months of imprisonment for conspiring to defraud a bank out of hundreds of thousands of dollars, announced Acting U.S. Attorney Michael R. Sherwin and James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office.  In 2015, Davis was sentenced to six months in prison followed by three years of supervised release for conspiracy to commit money laundering.

            From January 2018 through April 2018, while he was on supervised release for the federal money laundering offense, Davis conspired with others to defraud Wells Fargo Bank. The conspiracy involved Davis traveling to Wells Fargo ATMs in the District of Columbia, Maryland, and Virginia, depositing worthless checks into accounts belonging to other account holders, and causing the ATMs to malfunction. The checks Davis deposited were ultimately dishonored by the issuing banks, but in some cases, any hold that Wells Fargo placed on the deposited checks expired before Wells Fargo discovered the fraud. In total, Davis used Wells Fargo ATMs to conduct 24 fraudulent check deposits totaling approximately $390,000 into various accounts. Participants in the conspiracy accessed approximately $144,000 from the accounts before the bank discovered the fraud.

            Davis was charged via criminal complaint with bank fraud in January 2019. He was initially held without bond, but then released on certain conditions, which included not committing any additional crimes.  In October 2019, a grand jury charged him with nine counts of bank fraud and nine counts of aggravated identity theft related to the bank fraud scheme. In January 2020, a grand jury returned a separate indictment charging him with seven counts of contempt, alleging that he committed additional fraudulent conduct while he was on pretrial release. As part of the plea agreement, the government agreed to dismiss all of the pending charges against Davis at his sentencing hearing.

            In addition to sentencing Davis to 27 months in prison, the Honorable Trevor N. McFadden ordered that Davis serve three years of supervised release and pay restitution and a forfeiture money judgment.

            In announcing the plea, Acting U.S. Attorney Sherwin and Special Agent in Charge Dawson commended the work of those from the FBI’s Washington Field Office who investigated the case. They also expressed appreciation to Paralegal Specialists Mariela Andrade and Amanda Rohde. Finally, they commended the work of former Assistant U.S. Attorney Anthony Saler, who investigated both cases, and Assistant U.S. Attorneys Kondi Kleinman and David Kent.

WASHINGTON - Richard Barnett, 60, of Gravette, Arkansas was arrested today in Bentonville, Arkansas on multiple criminal charges related to his alleged unlawful activities earlier this week at the U.S. Capitol Building where he was photographed with his feet up on a desk in the Speaker of the House of Representatives’ office.

            Barnett is in custody is expected to make his initial appearance Tuesday at 3pm (via zoom) in federal court in Fayetteville. He will ultimately be extradited to Washington, D.C.

            “The shocking images of Mr. Barnett with his boots up on a desk in the Speaker of the House’s office on Wednesday was repulsive,” said Jeffrey A. Rosen, Acting Attorney General of the United States. “Those who are proven to have committed criminal acts during the storming of the Capitol will face justice.”

            According to court documents, U.S. Capitol Police learned that an individual had entered the restricted office area of the Speaker of the House of Representatives Nancy Pelosi and was photographed with his feet propped up on furniture. Those photos were circulated on numerous news media platforms which identified the individual as Barnett. A search of law enforcement databases confirmed that the individual in the news photographs did in fact appear to be Barnett.

            “This case is just one in a number that demonstrate the brazen acts that were committed at the Capitol on Wednesday,” said Michael Sherwin, Acting U.S. Attorney for the District of Columbia. “My Office is committed to prosecuting all individuals who participated in these abhorrent acts to the fullest extent of the law.”

            “The U.S. Capitol is one of the most iconic buildings in our country and a symbol of the Constitution and people we have sworn to protect, and its destruction will not be tolerated,” said Steven M. D’Antuono, Assistant Director in Charge of the FBI Washington Field Office. “This arrest demonstrates to all individuals involved in January 6 incursion into the U.S. Capitol that the FBI will find you and hold you accountable for your crimes, no matter your location. We thank the FBI Little Rock Field Office for their quick assistance in bringing this perpetrator to justice.”

            Barnett is charged with knowingly entering or remaining in any restricted building or grounds without lawful authority; violent entry and disorderly conduct on Capitol grounds; and theft of public money, property, or records. If convicted, he faces a maximum penalty of one year in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

            This case is being investigated by the U.S. Capitol Police and the FBI’s Washington Field Office, with the assistance of the Justice Department’s National Security Division and the FBI’s Little Rock Field Office.

            Assistant U.S. Attorney Nicole McClain of the U.S. Attorney’s Office for the District of Columbia is prosecuting the case.

            A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty.

Richard Barnett, 60, of Gravette, Arkansas was arrested today in Bentonville, Arkansas on multiple criminal charges related to his alleged unlawful activities earlier this week at the U.S. Capitol Building where he was photographed with his feet up on a desk in the Speaker of the House of Representatives’ office.

Barnett is scheduled to make his initial appearance in federal court on Tuesday. He will ultimately be extradited to Washington, D.C.

“The shocking images of Mr. Barnett with his boots up on a desk in the Speaker of the House’s office on Wednesday was repulsive,” said Jeffrey A. Rosen, Acting Attorney General of the United States. “Those who are proven to have committed criminal acts during the storming of the Capitol will face justice.”

According to court documents, U.S. Capitol Police learned that an individual had entered the restricted office area of the Speaker of the House of Representatives Nancy Pelosi and was photographed with his feet propped up on furniture. Those photos were circulated on numerous news media platforms which identified the individual as Barnett. A search of law enforcement databases confirmed that the individual in the news photographs did in fact appear to be Barnett.

“This case is just one in a number that demonstrate the brazen acts that were committed at the Capitol on Wednesday,” said Michael Sherwin, Acting U.S. Attorney for the District of Columbia. “My Office is committed to prosecuting all individuals who participated in these abhorrent acts to the fullest extent of the law.”

“The U.S. Capitol is one of the most iconic buildings in our country and a symbol of the Constitution and people we have sworn to protect, and its destruction will not be tolerated,” said Steven M. D’Antuono, Assistant Director in Charge of the FBI Washington Field Office. “This arrest demonstrates to all individuals involved in January 6 incursion into the U.S. Capitol that the FBI will find you and hold you accountable for your crimes, no matter your location. We thank the FBI Little Rock Field Office for their quick assistance in bringing this perpetrator to justice.”

Barnett is charged with knowingly entering or remaining in any restricted building or grounds without lawful authority; violent entry and disorderly conduct on Capitol grounds; and theft of public money, property, or records. If convicted, he faces a maximum penalty of one year in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.

This case is being investigated by the U.S. Capitol Police and the FBI’s Washington Field Office, with the assistance of the Justice Department’s National Security Division and the FBI’s Little Rock Field Office.

Assistant U.S. Attorney Nicole McClain of the U.S. Attorney’s Office for the District of Columbia is prosecuting the case.

A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty.

WASHINGTON— Today, Acting U.S. Attorney Michael Sherwin for the District of Columbia announced charges against an Alabama man that include one count of unlawful possession of a destructive device, and one count of carrying a pistol without a license.

            Lonnie Leroy Coffman, 70, of Falkville, Alabama, was arrested yesterday and charged in a criminal complaint filed in the U.S. District Court for the District of Columbia. Coffman remains in custody pending a detention hearing scheduled for Tuesday, January 12.

            As alleged in the Complaint, on January 6, U.S. Capitol Police (USCP) officers responded to reports of possible explosive devices in the area around the United States Capitol. In the course of conducting a protective sweep of the area, officers observed the handle of what appeared to be a firearm on the front right passenger seat of a red pickup truck with Alabama tags. A law enforcement database check of the vehicle registration revealed that the vehicle was registered to Lonnie L. Coffman with a home address in Falkville, Alabama. USCP Bomb Squad members subsequently searched the vehicle and secured one black handgun, one M4 Carbine assault rifle along with rifle magazines loaded with ammunition, and components for the construction of eleven “Molotov Cocktails” in the form of mason jars filled with ignitable substances, rags, and lighters.

            Later that evening, Coffman was stopped in the vicinity of his truck when he attempted to return to his vehicle. Coffman was subsequently searched and found to have on his person a 9mm Smith & Wesson handgun, a 22-caliber derringer style handgun, and two sets of vehicle keys that matched the truck. When asked, Coffman told officers that the mason jars contained melted Styrofoam and gasoline. ATF advised that the combination of melted Styrofoam and gasoline is an explosive mixture that has the effect of napalm because, when detonated, the substance causes the flammable liquid to better stick to objects that it hits.

            Coffman is charged with one count of unlawful possession of a destructive device, which carries a maximum prison term of up to 10 years, and one count of carrying a pistol without a license under D.C. law, which carries a maximum prison term of up to 5 years.

            The charges contained in the complaint are allegations.  The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. 

            The case is being prosecuted by the Assistant U.S. Attorneys Jason B.A. McCullough and Michael Friedman of the District of Columbia United States Attorney’s Office, and Trial Attorney Taryn Meeks of the National Security Division of the Department of Justice. The case is being investigated by the U.S. Capitol Police Department with assistance from the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives and Federal Bureau of Investigation.

            The ATF and FBI continue to urge the public to report suspected use of explosive devices, or violent, destructive acts associated with the recent unrest. Anyone with information can call 1-888-ATF-TIPS (1-888-283-8477), email [email protected] or submit information anonymously via ReportIt.com.

            The FBI is looking for individuals who may have incited or promoted violence of any kind. Anyone with digital material or tips can call 1-800-CALL-FBI (800-225-5324) or submit images or videos at fbi.gov/USCapitol.

            WASHINGTON –The Justice Department announced today that Sonia Tabizada, age 36, of San Jacinto, California, pleaded guilty in federal court to intentionally obstructing persons in the enjoyment of their free exercise of religious beliefs by threatening to bomb the Georgetown Visitation Preparatory School in Washington, D.C., in violation of Title 18, U.S. Code, Section 247. 

            In May 2019, school officials announced that Visitation Prep, the oldest Catholic school for girls in the country, would begin publishing same-sex wedding announcements in its alumni magazine to advance its teaching that “we are all children of God ... worthy of respect and love.” According to the plea agreement, Tabizada learned of this announcement and made multiple calls threatening violence in response to the school’s decision. On May 15, 2019, Tabizada left a voice message stating that she was going to burn and bomb the church. Tabizada also stated that she was going to kill school officials and students. Several minutes later, Tabizada left a second voice mail stating that she was going to blow up the school and warned that she would commit “terrorism.”

            “The defendant made violent threats against high school students, religious leaders, and school officials based solely on her disagreement with a private school’s application of religious doctrine,” said Eric Drieband, Assistant Attorney General for the Civil Rights Division. “Tolerance and religious freedom are cornerstone values in our society and the Department of Justice will continue to vigorously prosecute violent threats motivated by bias.” 

            “The defendant’s violent threats were directed at the free exercise of a private school community’s religious beliefs. An attack upon the free exercise of any person or group’s religious beliefs is an attack upon the civil rights of every citizen. Today’s guilty plea is part of my office’s commitment to ensuring that all District citizens can safely exercise their religious beliefs and that all of their civil rights are protected,” said Michael R. Sherwin, Acting U.S. Attorney for the District of Columbia.

            “Tabizada used threats of violence to intimate others because of differing religious views,” said Steven M. D’Antuono, Assistant Director in Charge of the FBI Washington Field Office. “Every citizen and community has the Constitutional right to exercise their own religious beliefs free from fear and discrimination. Defending civil rights is a top priority for the FBI and we will continue to work to protect the civil rights and freedoms granted to all Americans.”

            Tabizada will be sentenced at a hearing scheduled for March 23, 2021.  She faces a maximum penalty of 20 years in prison, three years of supervised release, and a fine of up to $250,000. 

            The case was investigated by the FBI Washington Field Office and is being prosecuted by Assistant U.S. Attorney Kendra Briggs of the U.S. Attorney’s Office for the District of Columbia Public Corruption and Civil Rights Section and Civil Rights Division Trial Attorney Michael J. Songer.

The Justice Department announced today that Sonia Tabizada, age 36, of San Jacinto, California, pleaded guilty in federal court to intentionally obstructing persons in the enjoyment of their free exercise of religious beliefs by threatening to bomb the Georgetown Visitation Preparatory School in Washington, D.C., in violation of Title 18, U.S. Code, Section 247. 

In May 2019, school officials announced that Visitation Prep, the oldest Catholic school for girls in the country, would begin publishing same-sex wedding announcements in its alumni magazine to advance its teaching that “we are all children of God ... worthy of respect and love.” According to the plea agreement, Tabizada learned of this announcement and made multiple calls threatening violence in response to the school’s decision. On May 15, 2019, Tabizada left a voice message stating that she was going to burn and bomb the church. Tabizada also stated that she was going to kill school officials and students. Several minutes later, Tabizada left a second voice mail stating that she was going to blow up the school and warned that she would commit “terrorism.”

“The defendant made violent threats against high school students, religious leaders, and school officials based solely on her disagreement with a private school’s application of religious doctrine,” said Eric Drieband, Assistant Attorney General for the Civil Rights Division. “Tolerance and religious freedom are cornerstone values in our society and the Department of Justice will continue to vigorously prosecute violent threats motivated by bias.” 

“The defendant’s violent threats were directed at the free exercise of a private school community’s religious beliefs. An attack upon the free exercise of any person or group’s religious beliefs is an attack upon the civil rights of every citizen. Today’s guilty plea is part of my office’s commitment to ensuring that all District citizens can safely exercise their religious beliefs and that all of their civil rights are protected,” said Michael R. Sherwin, Acting U.S. Attorney for the District of Columbia.

“Tabizada used threats of violence to intimidate others because of differing religious views,” said Steven M. D’Antuono, Assistant Director in Charge of the FBI Washington Field Office. “Every citizen and community has the Constitutional right to exercise their own religious beliefs free from fear and discrimination. Defending civil rights is a top priority for the FBI and we will continue to work to protect the civil rights and freedoms granted to all Americans.”

Tabizada will be sentenced at a hearing scheduled for March 23, 2021. She faces a maximum penalty of 20 years in prison, three years of supervised release, and a fine of up to $250,000. 

The case was investigated by the FBI Washington Field Office and is being prosecuted by Assistant U.S. Attorney Kendra Briggs of the District of Columbia and Civil Rights Division Trial Attorney Michael J. Songer.

WASHINGTON – A former non-governmental organization (NGO) procurement official pleaded guilty today to paying bribes to NGO procurement officers in exchange for sensitive procurement information related to NGO contracts funded in part by the U.S. Agency for International Development (USAID).  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.

            Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Acting U.S. Attorney Michael R. Sherwin of the District of Columbia, and Inspector General Ann Calvaresi Barr for the USAID Office of Inspector General (OIG) made the announcement.

            Ernest Halilov, 42, a citizen of Turkmenistan, pleaded guilty before U.S. District Judge Colleen Kollar-Kotelly of the District of Columbia to one charge of federal programs bribery.  Sentencing is scheduled for March 26, 2021.

            According to admissions as part of his plea agreement, from January 2011 through December 2016, Halilov 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.  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.

            USAID-OIG investigated this case.  Trial Attorney Laura Connelly of the Criminal Division’s Fraud Section and Special Assistant U.S. Attorney Scotland Morris of the District of Columbia are prosecuting the case.  In addition, the Justice Department’s Office of International Affairs provided critical investigative assistance and in securing the defendant’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) procurement official pleaded guilty today to paying bribes to NGO procurement officers in exchange for sensitive procurement information related to NGO contracts funded in part by the U.S. Agency for International Development (USAID).  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.

Acting Assistant Attorney General Brian C. Rabbitt of the Justice Department’s Criminal Division, Acting U.S. Attorney Michael R. Sherwin of the District of Columbia, and Inspector General Ann Calvaresi Barr for the USAID Office of Inspector General (OIG) made the announcement.

Ernest Halilov, 42, a citizen of Turkmenistan, pleaded guilty before U.S. District Judge Colleen Kollar-Kotelly of the District of Columbia to one charge of federal programs bribery.  Sentencing is scheduled for March 26, 2021.

According to admissions as part of his plea agreement, from January 2011 through December 2016, Halilov 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.  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.

USAID-OIG investigated this case.  Trial Attorney Laura Connelly of the Criminal Division’s Fraud Section and Special Assistant U.S. Attorney Scotland Morris of the District of Columbia are prosecuting the case.  In addition, the Justice Department’s Office of International Affairs provided critical investigative assistance and in securing the defendant’s extradition from Ukraine.  The Department of Justice also appreciates the significant cooperation and assistance provided by authorities in the Ukraine.

The year 2020 marks the 150th anniversary of the Department of Justice.  Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.

Today, Attorney General William Barr, Director of the FBI, Christopher Wray, Assistant Attorney General for National Security John Demers, and Acting U.S. Attorney for the District of Columbia, Michael Sherwin, announced new charges against a former Libyan intelligence operative, Abu Agela Mas’ud Kheir Al-Marimi, aka, “Hasan Abu Ojalya Ibrahim” (Masud), for his role in building the bomb that killed 270 individuals in the destruction of Pan Am Flight 103 over Lockerbie, Scotland on Dec. 21, 1988.

“I would like to publicly and personally express my deepest thanks to the Lord Advocate of Scotland, James Wolffe, QC, for the tireless efforts of his dedicated prosecutors from The Crown Office and investigators from Police Scotland.  These charges are the product of decades of hard work by investigators and prosecutors who have remained resolute in their dogged pursuit of justice for our citizens, the citizens of the United Kingdom, and the citizens of the other 19 countries that were murdered by terrorists operating on behalf of the former Muamar Qaddafi regime when they attacked Pan Am Flight 103,” said William P. Barr, Attorney General of the United States.  “As to all the victims and the families, we cannot take away your pain from your loss, but we can seek justice for you. Our message to other terrorists around the world is this – you will not succeed – if you attack Americans, no matter where you are, no matter how long it takes, you will be pursued to the ends of the earth until justice is done.”

“Today’s announcement should remind the world that when Americans are harmed, the FBI and the United States government will never stop pursuing justice for our citizens, no matter where that takes us, how long it takes us to get there, or how difficult the road might be,” said FBI Director Chris Wray.  “Without the thoroughness and professionalism of our FBI personnel, the Department of Justice, our Scottish partners, and the people of Lockerbie, we never would have found the trail that led us to the men responsible for this attack.  We will never forget the loved ones who were lost, and we remain committed to continuing our work to achieve justice for the victims and their families.”

“Today’s unsealing of criminal charges in the Pan Am 103 case is monumental on several fronts,” said Acting U.S. Attorney Michael R. Sherwin for the District of Columbia.  “First, the criminal complaint against the alleged ‘bomb maker’ signifies that the work of federal prosecutors never ends, even after several decades, until all criminal actors are held accountable.  In addition, these charges remind the public of the horrific effect that acts of terrorism continue to have on victims and their families.  The bombing of Pan Am 103 was historic in that it was, until the 9/11 terrorist attacks, the largest terrorist attack on U.S. civilians in history.  It also remains the deadliest terrorist attack in the history of the United Kingdom – for all of these reasons we will never forget and the D.C. United States Attorney’s Office will continue to seek justice for all of the Pan Am 103 victims and their loved ones.” 

December 21, 1988

Pan Am Flight 103 exploded into pieces almost instantaneously when a bomb in the forward cargo area exploded over Lockerbie, Scotland, at 7:03 p.m. local time at an altitude of 31,000 feet after 38 minutes of flight.  The plane had taken off from London-Heathrow and was en route to John F. Kennedy Airport in New York. 

Citizens from 21 countries were killed, of that number 190 Americans perished, including 35 Syracuse University students as they were returning home to the United States for the holidays after a semester studying abroad.  43 victims were from the United Kingdom, including 11 residents of Lockerbie, Scotland, who perished on the ground as fiery debris from the falling aircraft destroyed an entire city block where homes had peacefully stood just minutes earlier.  This international terrorist attack, planned by and executed by Libyan intelligence operatives, was considered the largest terrorist attack on both the United States and the United Kingdom before the terror attacks of Sept. 11, 2001.   

Immediately after the disaster, Scottish and American law enforcement undertook a joint investigation that was unprecedented in its scope, and in November 1991, it led to criminal charges in both countries, charging two Libyan intelligence operatives, Abdel Baset Ali al-Megrahi (Megrahi) and Lamen Khalifa Fhimah (Fhimah) with their roles in the bombing. 

The criminal complaint filed today charges Masud with destruction of an aircraft resulting in death, in violation of 18 U.S.C. § 32(a)(1) and (a)(2), as well as destruction of a vehicle by means of an explosive resulting in death, in violation of 18 U.S.C. § 844(i).  The charges in criminal complaints are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

Criminal Complaint Allegations

According to the affidavit in support of the criminal complaint, the External Security Organization (ESO) was the Libyan intelligence service through which Libya conducted acts of terrorism against other nations and repressed the activities of Libyan dissidents abroad.  Masud worked in various capacities for the ESO, including as a technical expert in building explosive devices from approximately 1973 to 2011.    

According to the affidavit, Masud participated in the “Lockerbie airplane bombing,” among other plots against the United States and the west, including but not limited to, the April 5, 1986, bombing of the LaBelle Discotheque in West Berlin, Germany.  Two U.S. service members were killed in that attack and scores of others left seriously injured or permanently disabled.  

Planning and Executing the Bombing of Pan Am Flight 103

According to the affidavit in support of the criminal complaint, in the winter of 1988, Masud was summoned by a Libyan intelligence official to meet at that official’s office in Tripoli, Libya, where he was directed to fly to Malta with a prepared suitcase.  He did so, where he was met by Megrahi and Fhimah at the airport.  After Masud spent approximately three or four days in the hotel, Megrahi and Fhimah instructed Masud to set the timer on the device in the suitcase for the following morning, so that the explosion would occur exactly eleven hours later. 

According to the affidavit, the suitcase used by Masud was a medium-sized Samsonite suitcase that he used for traveling.  Megrahi and Fhimah were both at the airport on the morning of Dec. 21, 1988, and Masud handed the suitcase to Fhimah after Fhimah gave him a signal to do so.  Fhimah then placed the suitcase on the conveyor belt.  Masud then left.  He was given a boarding pass for a Libyan flight to Tripoli, which was to take off at 9:00 a.m.

Three or four days after returning to Libya, Masud and Megrahi met with a senior Libyan intelligence official, who thanked them for a successful operation.  Approximately three months after that, Masud and Fhimah met with Qaddafi, and others, who thanked them for carrying out a great national duty against the Americans, and Qaddafi added that the operation was a total success. 

Of the 270 lost in the bombing, 190 were Americans on the aircraft.  Forty-three from the United Kingdom were lost, including eleven lives on the ground in Lockerbie.  The remaining victims were from the following countries: Argentina, Belgium, Bolivia, Canada, France, Germany, Hungary, India, Ireland, Israel, Italy, Jamaica, Japan, Philippines, South Africa, Spain, Sweden, Switzerland, and Trinidad and Tobago.  The Department of Justice expresses its profound appreciation to the Scottish government as well as its dedicated commitment to seeking justice for all the victims of the alleged crimes.  

Investigative Team

The United States side of the joint investigative team is led by the FBI’s Washington Field Office, along with prosecutors from the National Security Section of the U.S. Attorney’s Office for the District of Columbia, and the Counterterrorism Section of the Justice Department’s National Security Division.  There are many agents from the FBI and prosecutors from the Department who have worked on this case over the years. 

Contact Information

Victims of this crime and their families can contact the Department of Justice via e-mail at [email protected], or by telephone at +1 (202) 252-7045.

WASHINGTON - Today, Attorney General William Barr, Director of the FBI, Christopher Wray, Assistant Attorney General for National Security John Demers, and Acting U.S. Attorney for the District of Columbia, Michael Sherwin, announced new charges against a former Libyan intelligence operative, Abu Agela Mas’ud Kheir Al-Marimi, aka, “Hasan Abu Ojalya Ibrahim” (Masud), for his role in building the bomb that killed 270 individuals in the destruction of Pan Am Flight 103 over Lockerbie, Scotland on Dec. 21, 1988.

            “I would like to publicly and personally express my deepest thanks to the Lord Advocate of Scotland, James Wolffe, QC, for the tireless efforts of his dedicated prosecutors from The Crown Office and investigators from Police Scotland.  These charges are the product of decades of hard work by investigators and prosecutors who have remained resolute in their dogged pursuit of justice for our citizens, the citizens of the United Kingdom, and the citizens of the other 19 countries that were murdered by terrorists operating on behalf of the former Muamar Qaddafi regime when they attacked Pan Am Flight 103,” said William P. Barr, Attorney General of the United States.  “As to all the victims and the families, we cannot take away your pain from your loss, but we can seek justice for you. Our message to other terrorists around the world is this – you will not succeed – if you attack Americans, no matter where you are, no matter how long it takes, you will be pursued to the ends of the earth until justice is done.”

            “Today’s announcement should remind the world that when Americans are harmed, the FBI and the United States government will never stop pursuing justice for our citizens, no matter where that takes us, how long it takes us to get there, or how difficult the road might be,” said FBI Director Chris Wray.  “Without the thoroughness and professionalism of our FBI personnel, the Department of Justice, our Scottish partners, and the people of Lockerbie, we never would have found the trail that led us to the men responsible for this attack.  We will never forget the loved ones who were lost, and we remain committed to continuing our work to achieve justice for the victims and their families.”

            “Today’s unsealing of criminal charges in the Pan Am 103 case is monumental on several fronts,” said Acting U.S. Attorney Michael R. Sherwin for the District of Columbia.  “First, the criminal complaint against the alleged ‘bomb maker’ signifies that the work of federal prosecutors never ends, even after several decades, until all criminal actors are held accountable.  In addition, these charges remind the public of the horrific effect that acts of terrorism continue to have on victims and their families.  The bombing of Pan Am 103 was historic in that it was, until the 9/11 terrorist attacks, the largest terrorist attack on U.S. civilians in history.  It also remains the deadliest terrorist attack in the history of the United Kingdom – for all of these reasons we will never forget and the D.C. United States Attorney’s Office will continue to seek justice for all of the Pan Am 103 victims and their loved ones.” 

December 21, 1988

            Pan Am Flight 103 exploded into pieces almost instantaneously when a bomb in the forward cargo area exploded over Lockerbie, Scotland, at 7:03 p.m. local time at an altitude of 31,000 feet after 38 minutes of flight.  The plane had taken off from London-Heathrow and was en route to John F. Kennedy Airport in New York. 

            Citizens from 21 countries were killed, of that number 190 Americans perished, including 35 Syracuse University students as they were returning home to the United States for the holidays after a semester studying abroad.  43 victims were from the United Kingdom, including 11 residents of Lockerbie, Scotland, who perished on the ground as fiery debris from the falling aircraft destroyed an entire city block where homes had peacefully stood just minutes earlier.  This international terrorist attack, planned by and executed by Libyan intelligence operatives, was considered the largest terrorist attack on both the United States and the United Kingdom before the terror attacks of Sept. 11, 2001.   

            Immediately after the disaster, Scottish and American law enforcement undertook a joint investigation that was unprecedented in its scope, and in November 1991, it led to criminal charges in both countries, charging two Libyan intelligence operatives, Abdel Baset Ali al-Megrahi (Megrahi) and Lamen Khalifa Fhimah (Fhimah) with their roles in the bombing. 

            The criminal complaint filed today charges Masud with destruction of an aircraft resulting in death, in violation of 18 U.S.C. § 32(a)(1) and (a)(2), as well as destruction of a vehicle by means of an explosive resulting in death, in violation of 18 U.S.C. § 844(i).  The charges in criminal complaints are merely allegations, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

Criminal Complaint Allegations

            According to the affidavit in support of the criminal complaint, the External Security Organization (ESO) was the Libyan intelligence service through which Libya conducted acts of terrorism against other nations and repressed the activities of Libyan dissidents abroad.  Masud worked in various capacities for the ESO, including as a technical expert in building explosive devices from approximately 1973 to 2011.    

            According to the affidavit, Masud participated in the “Lockerbie airplane bombing,” among other plots against the United States and the west, including but not limited to, the April 5, 1986, bombing of the LaBelle Discotheque in West Berlin, Germany.  Two U.S. service members were killed in that attack and scores of others left seriously injured or permanently disabled.  

Planning and Executing the Bombing of Pan Am Flight 103

            According to the affidavit in support of the criminal complaint, in the winter of 1988, Masud was summoned by a Libyan intelligence official to meet at that official’s office in Tripoli, Libya, where he was directed to fly to Malta with a prepared suitcase.  He did so, where he was met by Megrahi and Fhimah at the airport.  After Masud spent approximately three or four days in the hotel, Megrahi and Fhimah instructed Masud to set the timer on the device in the suitcase for the following morning, so that the explosion would occur exactly eleven hours later. 

            According to the affidavit, the suitcase used by Masud was a medium-sized Samsonite suitcase that he used for traveling.  Megrahi and Fhimah were both at the airport on the morning of Dec. 21, 1988, and Masud handed the suitcase to Fhimah after Fhimah gave him a signal to do so.  Fhimah then placed the suitcase on the conveyor belt.  Masud then left.  He was given a boarding pass for a Libyan flight to Tripoli, which was to take off at 9:00 a.m.

            Three or four days after returning to Libya, Masud and Megrahi met with a senior Libyan intelligence official, who thanked them for a successful operation.  Approximately three months after that, Masud and Fhimah met with Qaddafi, and others, who thanked them for carrying out a great national duty against the Americans, and Qaddafi added that the operation was a total success. 

            Of the 270 lost in the bombing, 190 were Americans on the aircraft.  Forty-three from the United Kingdom were lost, including eleven lives on the ground in Lockerbie.  The remaining victims were from the following countries: Argentina, Belgium, Bolivia, Canada, France, Germany, Hungary, India, Ireland, Israel, Italy, Jamaica, Japan, Philippines, South Africa, Spain, Sweden, Switzerland, and Trinidad and Tobago.  The Department of Justice expresses its profound appreciation to the Scottish government as well as its dedicated commitment to seeking justice for all the victims of the alleged crimes.  

Investigative Team

            The United States side of the joint investigative team is led by the FBI’s Washington Field Office, along with prosecutors from the National Security Section of the U.S. Attorney’s Office for the District of Columbia, and the Counterterrorism Section of the Justice Department’s National Security Division.  There are many agents from the FBI and prosecutors from the Department who have worked on this case over the years. 

Contact Information

            Victims of this crime and their families can contact the Department of Justice via e-mail at [email protected], or by telephone at +1 (202) 252-7045.

WASHINGTON – Sharell Tishan Pitts, 43, Renardo Williams, 35, and Raymont Timothy Owens, Jr., 37, all of the District of Columbia, and Rhonda Pauline Williams, 38, of Oxon Hill, MD, were indicted on conspiracy, fraud, and aggravated identity theft charges relating to a $467,000 health care fraud scheme.  Vazena L. Chapman, 39, was charged separately by Criminal Information with one count of Conspiracy to Commit Wire Fraud.  The announcement was made by Acting U.S. Attorney Michael R. Sherwin and James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division.

            Sharell Pitts, Rhonda Williams, and Renardo Williams made their initial appearances at 3:30 p.m. on December 17, 2020 in federal court in the District of Columbia. 

            According to the indictment, Sharell Pitts and Rhonda Williams, who at the time worked for the D.C. Office of the State Superintendent of Education (“OSSE”), approached multiple co-conspirators at OSSE bus yards in the District of Columbia and offered to submit fraudulent Aflac supplemental health insurance claims on behalf of those co-conspirators in exchange for kickbacks.  Renardo Williams, who also worked for OSSE, and Raymont Timothy Owens, Jr., who worked for the D.C. Department of Parks and Recreation, played significant roles in the scheme.  Sharell Pitts, Rhonda Williams, Renardo Williams, and Raymont Timothy Owens, Jr. then obtained legitimate medical paperwork, which they falsified and shared with one another for purposes of submitting fraudulent claims for reimbursement with Aflac for themselves and co-conspirators. 

            As further alleged in the indictment, between May 2015 and October 2016, Sharell Pitts, Rhonda Williams, Renardo Williams, and Raymont Timothy Owens, Jr. submitted over 60 fraudulent claims for reimbursement to Aflac resulting in over $467,000 in payments.

            D.C. Metropolitan Police Department (“MPD”) Officer Chapman conspired with Pitts to submit several fraudulent claims for reimbursement to Aflac resulting in $36,805 in payments.

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

            This investigation was conducted by the FBI’s Washington Field Office Criminal Division.  The D.C. Department of Insurance, Securities and Banking (“DISB”) provided substantial assistance in this investigation.

            The prosecution is being handled by Assistant U.S. Attorney David B. Kent of the U.S. Attorney’s Office for the District of Columbia.

WASHINGTON – On August 17, 2020 Handicare USA (doing business as Prism Medical Services), agreed to pay the United States $800,000 to resolve allegations that it knowingly submitted false claims to the Department of Veteran Affairs (“VA”) in the performance of various contracts to install patient ceiling lifts in VA hospitals.  

            Handicare USA manufactures and installs patient lift and mobility systems for hospitals and rehabilitation centers.  Handicare USA entered into various contracts with the VA to install patient ceiling lifts in VA hospitals and other VA medical or health care facilities.  The VA contracts specifically required that all parts and products must be compliant with the Trade Agreements Act, a statute that provides that the government may acquire only products made within the United States or from “designated” countries who abide by certain trade laws with the United States.  Handicare USA knew of the importance of this requirement and submitted a certification at the time of contracting that every part installed was “made in the United States,” and further submitted engineering certifications that the parts installed were from a manufacturer who manufactured and sold only American-made products.

            Based on a tip from a whistleblower, an agent from the VA Office of the Inspector General inspected the patient lift systems of several VA hospitals and found that Handicare USA used inferior and cheaper parts made in China, a non-designated country, for the mounting system that secured the patient lift to the ceiling.  Even more, the Office of the Inspector General learned that Handicare USA supervisors at the project sight specifically instructed personnel to install the parts so that the “Made in China” stamps on the metal parts would be against the building bulkheads or otherwise not visible for inspection.

            “The VA Office of Inspector General tirelessly pursues fraud, waste, and abuse affecting VA, and will continue to work with our law enforcement partners to hold violators accountable,” said VA Inspector General Michael J. Missal. “The use of inferior products that can put veterans, staff, and visitors to VA medical facilities at risk will not be tolerated. Our nation’s veterans, families and VA staff deserve the highest standards of integrity, professionalism, and accountability from government contractors.”

            “This agreement demonstrates our resolve to hold accountable any organization that mishandles federal funds intended for the benefit of our veterans. Handicare was entrusted to provide vital medical equipment of the highest quality and safety, utilizing manufacturers in the United States. That trust was violated when Handicare falsely claimed that the parts were manufactured in the United States, and instead used lower quality hardware” said Acting United States Attorney Michael R. Sherwin.

            The claims resolved by the settlement are allegations only, and there has been no determination of liability.

            The investigation in this matter was conducted by Special Agent Christopher Holcombe of the Department of Veteran’s Affairs Office of the Inspector General and Assistant United States Attorney Darrell Valdez of the United States Attorney’s Office for the District of Columbia.

WASHINGTON – Thornton Fennell, 56, was indicted on October 26, 2020, and arrested on December 5, 2020, on charges involving the financial exploitation of two elderly District residents.

            The announcement was made by Acting U.S. Attorney Michael R. Sherwin; Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Karl Racine, Attorney General for the District of Columbia.

            The indictment charged Fennell with three counts of Financial Exploitation of an Elderly Person (FEVA) and ten counts of First Degree Theft of a Senior Citizen.  The charges involve fraudulently obtaining funds from two different elderly victims as well as using intimidation, deception, and undue influence to cause an elderly victim to take on a reverse mortgage for the benefit of another person.  The theft charges involved $4,308 from one victim and $63,600 from the other.

            An indictment is merely a finding of probable cause by the grand jury.  All criminal defendants are presumed innocent until proven guilty.

            This prosecution is part of the Office’s wider efforts to combat crimes against seniors and vulnerable adults. In 2018, the U.S. Attorney’s Office for the District of Columbia and the Office of the Attorney General for the District of Columbia simultaneously launched initiatives to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution of these cases and enhance its overall support of older or vulnerable victims. The team consists of experienced prosecutors and victim advocates from across the Office, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit. This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the Office of the Attorney General to prosecute cases of this kind.

            In announcing the indictment and arrest, Acting U.S. Attorney Sherwin, Chief Newsham, and Attorney General Racine commended the work of those who investigated the cases from the District of Columbia’s Office of the Attorney General and MPD. They also cited the efforts of Special Assistant United States Attorney Jennifer C. Mika, on detail from the Office of the Attorney General to handle financial crimes cases involving elderly victims, and Assistant United States Attorney Chimnomnso Kalu, who investigated and are prosecuting the case for the U.S. Attorney’s Office for the District of Columbia with support from Paralegal Specialist Chad D. Byron.

WASHINGTON – Latonja Dashawn Carrera (a.k.a. Latonja Dashawn Martin), 46, was arrested December 8, 2020 and charged via criminal complaint with felony Financial Exploitation of an Elderly Person, in violation of D.C. Code § 22-933.01.  On the same day, Kim Renee West, 56, pled guilty pursuant to a Deferred Sentencing Agreement to one count of misdemeanor Financial Exploitation of a Vulnerable Adult, in violation of the same code provision.

            The announcement was made by Acting U.S. Attorney Michael R. Sherwin; Karl Racine, Attorney General for the District of Columbia; and Daniel W. Lucas, Inspector General for the District of Columbia.

            According to Court records, Carrera was the Administrator for a Mental Health Community Residential Facility licensed by the District of Columbia Department of Health.  In January 2019, Carrera used the account of one of the facility residents – a 73 year-old Veteran – to pay her own personal bills.  Carrera used $1,524.36 from the Veteran, whose sole sources of income were benefits from the Social Security Administration and Veterans Affairs.

            A criminal complaint is merely an allegation, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

            West pled guilty to financially exploiting a 61-year-old man with profound intellectual disability by taking his debit card from his residence, where she worked, and using the card to make approximately $235.00 worth of purchases for her own benefit.  As part of a Deferred Sentencing Agreement, West agreed to complete community service and pay restitution to the victim.  If she completes these conditions within six months, the case will be dismissed.

            This prosecution is part of the Office’s wider efforts to combat crimes against seniors and vulnerable adults. In 2018, the U.S. Attorney’s Office for the District of Columbia and the Office of the Attorney General for the District of Columbia simultaneously launched initiatives to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office to develop and coordinate further its prosecution of these cases and enhance its overall support of older or vulnerable victims. The team consists of experienced prosecutors and victim advocates from across the Office, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit. This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the Office of the Attorney General to prosecute cases of this kind.

            In announcing the arrest and plea, Acting U.S. Attorney Sherwin, Attorney General Racine, and Inspector General Lucas commended the work of those who investigated the cases from the District of Columbia’s Office of the Attorney General and Office of the Inspector General. They also cited the efforts of Special Assistant United States Attorney Jennifer C. Mika, on detail from the Office of the Attorney General to handle financial crimes cases involving elderly victims, who investigated and prosecuted both cases for the U.S. Attorney’s Office for the District of Columbia with support from Paralegal Specialist Chad D. Byron.

WASHINGTON – Brian J. Booth, a 38-year-old Virginia resident, was arrested today and charged via criminal complaint with mail fraud for a scheme to use information stolen from the Federal Aviation Administration (FAA) in an attempt to extort foreign officials and obtain payment for the information.

            According to Court records, Booth, an FAA employee, had access to information identifying persons who were previously authorized to exercise piloting or aircraft maintenance privileges in the United States, but who had their piloting or aircraft maintenance privileges revoked. Booth sent the names and addresses of certain of these individuals to the embassies of Germany, France, and the People’s Republic of China, demanding payment for the information. Booth does not appear to have obtained any money as a result of the scheme. 

            A criminal complaint is merely an allegation, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. 

            This case was investigated by the Department of Transportation Office of Inspector General.  Assistant United States Attorney Liz Aloi of the Public Corruption and Civil Rights Section of the U.S. Attorney’s Office for the District of Columbia is prosecuting the case.

WASHINGTON – Edward Davies, 49, and Earl Hamilton, 50, the former executive director and director of operations and finance of the DC Children and Youth Investment Trust Corporation (“DC Trust”), have been charged with using DC Trust funds to make hundreds of personal purchases, for expenses such as meals, automobile repairs, and personal travel for themselves, their family members, and their friends, announced Acting U.S. Attorney Michael R. Sherwin.

            In an indictment unsealed today in the U.S. District Court for the District of Columbia, the grand jury charged that from late 2012 through early 2016, Davies and Hamilton, who are both currently residing in the Chicago area, engaged in a scheme to defraud the DC Trust by using the organization’s credit cards and debit card to make personal expenditures, by lying to the Trust’s accountants about the nature of these purchases, and by hiding from the board of directors the exorbitant monthly bills that resulted.  Davies and Hamilton each stand charged with four counts of wire fraud and one count of credit card fraud.  The indictment alleges that Davies used the organization’s credit card to pay for such extravagances as a $2,000 partial down payment for a new car; a Thanksgiving trip to New York, where he used Trust funds to pay for a hotel room in Times Square and a massage for two; and round-trip airfare, car rental, and lodging for himself, a girlfriend, and two of their children to visit Napa Valley, California.  Hamilton is charged with using the Trust’s credit card to purchase multiple airline tickets for himself and his wife to fly to Florida, and a $700 Norditrac machine, among other personal expenditures.

            The DC Trust was a non-profit organization, created in 1999, to serve as an intermediary to connect philanthropists, government leaders, youth advocates, and representatives from the business community in order to support programs to benefit the children of the District of Columbia.  The organization was dissolved in late 2016, reportedly to cover debts from exorbitant spending on and by staff, including the misuse of organization credit cards.

            An indictment is merely a finding of probable cause by the grand jury.  All criminal defendants are presumed innocent until proven guilty.

            The D.C. Office of the Inspector General, the FBI’s Washington Field Office, and the U.S. Department of Education Office of the Inspector General have been investigating this case.  The case is being prosecuted by the Public Corruption and Civil Rights Section of U.S. Attorney’s Office for the District of Columbia.  Assistant U.S Attorney Kathryn Rakoczy is litigating the case, with assistance from Paralegal Specialist Amanda Rohde.

            WASHINGTON - Bobby Tucker, 63, former Chief of Collections for the District of Columbia Office of Tax and Revenue (“OTR”) was sentenced today to 14 months of incarceration for his conviction for a bribery charge stemming from a scheme in which he paid bribes to an OTR official in order to reduce the tax liabilities of a business he consulted and to take other actions to benefit Tucker’s business interests as opportunities arose. 

            The announcement was made by Acting U.S. Attorney Michael R. Sherwin, Special Agent in Charge James A. Dawson of the FBI Washington Field Office, Criminal Division and Inspector General Daniel W. Lucas, District of Columbia’s Office of Inspector General.

            Tucker, of Suffolk, Virginia, pled guilty to bribery on June 12, 2020.  On December 3, 2020, Tucker was sentenced by Chief Judge Beryl Howell to 14 months of incarceration and two years of supervised release, along with a $10,000 fine and a special assessment of $100.

            According to the government’s evidence, Tucker agreed to pay an OTR official, who was working as a confidential source, to obtain referrals of city taxpayers with outstanding tax liabilities.  With respect to one such referral, Tucker paid $5,000 in bribes to the OTR official in exchange for that official wiping out nearly $150,000 in tax liability for a business organization operating in the District of Columbia. 

            In announcing the sentence, Acting U.S. Attorney Sherwin, Special Agent in Charge Dawson, and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office and the Office of the Inspector General for the District of Columbia.  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 Peter Lallas and Paralegal Specialists Amanda Rohde and Stephanie Frijas.

WASHINGTON – Lawrence Paul Schmidt, aka Lawrence Schmid, 60, formerly of the District of Columbia, has been extradited from the United Kingdom to stand trial in the District of Columbia on bank fraud and money laundering charges related to an investment fraud scheme.  The announcement was made by Acting U.S. Attorney Michael R. Sherwin and James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division.

            Schmidt has been detained since his arrest on September 30, 2020 in the United Kingdom.  He made his initial appearance at 2:00 p.m. today in federal court in the District of Columbia, where he was indicted on November 1, 2018.  Schmidt faces two counts of bank fraud, two counts of wire fraud, and six counts of engaging in monetary transactions in property derived from specified unlawful activity. 

            According to the indictment, between in or about 2008, Schmidt created several investment entities, including Commercial Equity Partners, Ltd. (“CEP”) and FutureGen Company (“FutureGen”), through which he solicited investors for real estate, mortgage trust deed notes, tax lien notes, and secured commercial mortgage notes.   Between in or about June 2008 and April 2014, Schmidt raised over $22 million from approximately 200 investors in the United States and elsewhere.  Funds raised from investors were comingled and transferred between and amongst the investment funds to cover whichever expenses were due at the time.  Of the over $22 million raised from investors, less than $11 million was placed into investment products.  Schmidt instead used new investor funds to repay earlier investors, to pay himself approximately $1.4 million in salary, and to pay $1.3 million in personal expenses, including automobile expenses, mortgage and rent payments for multiple residences, and sports ticket purchases.

            As further alleged in the indictment, by January 2014, Schmidt’s investment funds had insufficient funds to pay investors and expenses.  Schmidt deposited fraudulent and forged checks into the bank accounts of his investment funds and transferred those funds to the bank accounts of related investment funds in order to pay investors and expenses.  Schmidt also misled investors concerning their investments.  As the scheme continued to unravel, on April 10, 2014, Schmidt boarded a one-way flight from the United States to London where he remained until his arrest and extradition.

            On June 1, 2014, the U.S. Securities and Exchange Commission (“SEC”) filed suit in U.S. District Court for the District of Columbia, in Civil Action No. 14-cv-1002 (CRC), against Schmidt, CEP, FutureGen, and the entities Schmidt controlled.  The court entered final judgment against Schmidt on October 3, 2018, and entered final judgment against CEP, FutureGen, and the additional entities that Schmidt controlled on March 11, 2019.

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

            This investigation was conducted by the FBI’s Washington Field Office Criminal Division.  The Office of International Affairs in the Justice Department’s Criminal Division, the United States Marshals Service, and the government of the United Kingdom provided substantial assistance in securing Schmidt’s arrest and extradition. 

            The U.S. Securities and Exchange Commission also provided substantial assistance in this investigation.

            The prosecution is being handled by Assistant U.S. Attorney David B. Kent of the U.S. Attorney’s Office for the District of Columbia.

WASHINGTON – William Robinson, 41, a former employee of a non-profit corporation that advocates for policies related to safe food, safe drinking water, and the climate, pled guilty to the interstate transportation of funds stolen from the non-profit corporation.

            The announcement was made by Acting U.S. Attorney Michael R. Sherwin, and James A. Dawson, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division.

            Robinson pled guilty today via videoconference in the U.S. District Court for the District of Columbia before the Honorable Ketanji Brown Jackson to a one-count Information charging him with Interstate Transportation of Stolen Property.  Robinson is scheduled to be sentenced on March 2, 2021.  The charge carries a maximum penalty of up to ten years in prison.  Robinson will also be required to pay restitution in the amount of $282,670 and a forfeiture money judgment.

            According to the Statement of Offense, Robinson was initially hired by the non-profit corporation in 2012 as a web developer.  After multiple promotions, he became its Chief Technology Officer in 2015.  While working at the non-profit corporation, Robinson devised a scheme to defraud by creating Vulcan Network & Data Security, LLC (“Vulcan”) and arranging a contract for Vulcan to provide web security services to his non-profit corporation employer.  Robinson then created false invoices on behalf of Vulcan and submitted them to his employer’s finance department, requesting payment for purported web security services, testing, and equipment.  In reality, Vulcan never provided any services to the non-profit corporation, which was already paying a separate company for those services.  From April 2017 to September 2019, Robinson submitted 13 false Vulcan invoices to his non-profit corporation employer.  The non-profit corporation paid Vulcan a total of $282,670 for services never provided.  Robinson received all of these funds and used them to pay for personal expenses.

            For the last payment made to Vulcan in the course of this scheme, on October 11, 2019, Robinson asked the non-profit corporation’s finance department to issue a check to Vulcan, along with two other unrelated checks, and give them to a particular employee so that Robinson could hand deliver them.  Robinson offered that employee $50 to deliver the checks to him from Washington, D.C. to Springfield, Virginia.  After the employee made the delivery, Robinson cashed the $22,500 check from Vulcan that same day.

            In announcing the plea, Acting U.S. Attorney Sherwin and Special Agent in Charge Dawson commended the work of those who investigated the case from the FBI’s Washington Field Office. They acknowledged the efforts of those who are handling the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialists Quiana Dunn-Gordon, Amanda Rohde, and Michon Tart.

            Finally, they commended the work of Assistant U.S. Attorney Christine Macey, of the Fraud Section of the U.S. Attorney’s Office for the District of Columbia, who prosecuted the case.

WASHINGTON – Since May 2020, the United States Attorney’s Office for the District of Columbia has charged more than 156 individuals for protest-related violence, marking the highest number of people charged in any federal district in the United States.

            These cases include Brennan Sermon, who was charged with assaulting a police officer who was responding to assist officers protecting Senator Rand Paul on August 28, 2020; six people who were charged for their role in inciting violence and destroying federal monuments in Lafayette Square on June 22, 2020; and 20 people who have been charged with assaults on civilians and police officers. Additionally, an individual who defaced the Lincoln Monument on May 30, 2020, was criminally charged with Destruction of Government Property.

            “Freedom of expression and the ability to openly voice dissent remains the bedrock of our democracy.  As we have unfortunately witnessed in the District of Columbia over the past several months, scores of individuals have committed criminal acts upon innocent people and property under the guise of free expression.  This will not be condoned,” stated Michael R. Sherwin, the Acting United Stated Attorney for the District of Columbia.

            “Nevertheless, this office will only prosecute individuals or groups of individuals when enough evidence exists to both identify and criminally charge bad actors and it will never waiver in meeting that burden as the law requires.”

            Investigations are on-going and robust. The Metropolitan Police Department, in conjunction with federal law enforcement partners, continue to analyze and investigate these criminal actors to ensure we understand if there is an organized architecture among suspected actors that enable such criminal behavior. Their tireless efforts on this front will not end.

WASHINGTON – Eugenia Rapp, 51, of Woodbridge, Virginia, a former D.C. government employee, was sentenced today to serve one year and a day in prison for defrauding the District of Columbia’s Department of Disability Services out of more than $880,000.

            The announcement was made by Acting U.S. Attorney Michael R. Sherwin; James A. Dawson, Special Agent in Charge, FBI Washington Field Office, Criminal Division; Aaron R. Jordan, Assistant Inspector General for Investigations, Department of Education; and Daniel W. Lucas, Inspector General for the District of Columbia.

            In June 2019, Rapp pled guilty in the U.S. District Court for the District of Columbia to one count of conspiracy to commit mail fraud, in violation of 18 U.S.C. § 371. 

            From approximately 2008 through December 2016, Rapp worked as a vocational rehabilitation counselor with the District of Columbia’s Department of Disability Services, Rehabilitation Services Administration (“DCRSA”). The DCRSA Vocational Rehabilitation program provides vocational rehabilitation benefits, like college tuition, to qualified individuals with disabilities to help them prepare for and engage in gainful employment. Individuals must be D.C. residents to be eligible for the benefits.

            From 2012 through 2016, Rapp conspired with others to defraud the D.C. government by having benefits awarded to individuals who weren’t eligible to receive them. In her role as a vocational rehabilitation counselor, Rapp was responsible for determining whether an individual was eligible to receive the benefits. Notwithstanding D.C. government policy regarding conflicts of interest, Rapp served as the vocational rehabilitation counselor for more than 20 individuals whom she described as being related to her. She knew these individuals were not eligible to receive benefits, but ensured that she was assigned to be their vocational rehabilitation counselor, so she could process and approve their applications. She also altered lease agreements and instructed individuals to get D.C. identification cards to show proof of D.C. residency even though they did not live in the District. As a result, the D.C. government awarded vocational rehabilitation benefits totaling approximately $834,536 to Rapp’s family members and friends.

            Rapp also fraudulently awarded vocational rehabilitation benefits to an additional five individuals with whom she had no relationship. Those five individuals attended a nursing school in Florida whose president was Cleophat Tanis. In December 2019, Tanis, 53, of Naples, Florida, pled guilty to one count of mail fraud, in violation of 18 U.S.C. § 1341, for his role in Rapp’s scheme.

            Towards the end of 2013, after one of Rapp’s family members wanted to attend the Florida nursing school, Rapp worked with Tanis to get the school added as an approved vendor with the D.C. government. During that process, Tanis told Rapp that his school was struggling financially and asked her to use her position to help pay tuition for students at his school. Tanis knew that students had to be D.C. residents in order to be eligible to receive benefits, but worked with Rapp to get $47,895 in benefits awarded to five students at his school who were not D.C. residents and who had no familial relationship to Rapp. In exchange, Tanis provided one of Rapp’s relatives with a full scholarship to attend his school. Rapp also asked Tanis to provide money to that relative, which he did.

            In March 2020, the Honorable Trevor N. McFadden sentenced Tanis to one month of imprisonment and seven months of home detention for his role in the scheme. He also ordered Tanis to pay $47,895 in restitution and an identical amount in a forfeiture money judgment.

            Today, Judge McFadden sentenced Rapp to one year and one day of imprisonment to be followed by one year of supervised release. He also ordered her to pay restitution in the amount of $882,491.

            In announcing today’s sentence, Acting U.S. Attorney Sherwin, Special Agent in Charge Dawson, Assistant Inspector General Jordan, and Inspector General Lucas commended the work of those who investigated the case from the Federal Bureau of Investigation, the Department of Education’s Office of Inspector General, and the District of Columbia’s Office of Inspector General. They also expressed appreciation for the work of Paralegal Specialist Mariela Andrade; former Paralegal Specialists Brittany Phillips and Jessica Mundi; and Assistant U.S. Attorney Kondi Kleinman, who prosecuted the case.

WASHINGTON – Michael Johnson, 43-years old, a former background investigator who did work under contract for the Defense Counterintelligence and Security Agency (DCSA), pled guilty today to a charge stemming from his falsification of work on background investigations of federal employees and contractors, announced Acting U.S. Attorney Michael R. Sherwin.

            Johnson, of Columbia, Missouri, pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Trevor N. McFadden scheduled sentencing for February 9, 2021. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000.

            According to a statement of offense submitted to the Court, Johnson was employed by CACI, a private entity that had a contract to supply background investigative services to DCSA on behalf of the Office of Personnel Management’s Federal Investigative Services, which now is known as OPM’s National Background Investigations Bureau.  Johnson admitted that, between approximately April 2015 and February 2016, he submitted roughly 65 Reports of Investigations on background investigations, in which he falsely represented that he had interviewed a source or reviewed a record regarding the subject of the background investigation.  In fact, Johnson had not conducted the interviews or obtained the records of interest.  These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, for receiving or retaining security clearances, or for positions of public trust.

            The false representations by Johnson have required OPM and DCSA to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $254,555.92 to the U.S. government.

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

            This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations.  In addition to Johnson, more than 25 other background investigators have been convicted of charges.

            This matter was investigated by the DCSA Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Bianca Forde of the Public Corruption and Civil Rights Section.

WASHINGTON – Dawn Monique Garris, a 45-year-old District of Columbia resident, pled guilty in federal court in the District of Columbia to contempt in violation of 18 U.S.C. § 402, for disclosing the name of a Superior Court grand jury witness to a D.C. Department of Corrections inmate. 

            Garris pled guilty to Count One of a criminal Indictment charging her with contempt.  According to court papers, Garris was the sergeant-at-arms and a grand juror for a D.C. Superior Court grand jury in September 2019.  She heard testimony from a grand jury witness as part of a violent crime investigation, and then disclosed the identity of the witness to a D.C. Department of Corrections inmate. In doing so, she violated the grand jury secrecy rules and the direction of the Chief Judge of the D.C. Superior Court. 

            “The U.S. Attorney’s Office is committed to protecting the integrity of the Superior Court and the local grand jury process,” Acting United States Attorney Michael R. Sherwin announced. “Today’s guilty plea sends a strong message that any potential for compromising witness security will not be tolerated.”

            “By law, Grand Juries and the matters which appear before them are both protected and secret, and Garris betrayed the special trust which she was afforded," said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office Criminal Division. "The confidence of the public in the Grand Jury process is central to our judicial system and the rule of law.  The FBI will continue to work to investigate all allegations of public corruption, which is the FBI’s top criminal investigative priority.”

            Garris pled guilty in United States District Court for the District of Columbia.  United States District Judge Carl Nichols is presiding over the case.  Sentencing is scheduled for February 23, 2021. 

            The Washington Field Office of the Federal Bureau of Investigation investigated the case.  Assistant United States Attorney Liz Aloi of the Public Corruption and Civil Rights Section is prosecuting the case.

WASHINGTON – Michelle Cage, 45, of Maryland, pled guilty on November 19, 2020 to bribery for paying more than $6,500 in bribes to a Metropolitan Police Department (MPD) employee, Acting U.S. Attorney Michael R. Sherwin announced.

            Cage pled guilty to a criminal Information before the U.S. Magistrate Judge Zia Faruqui in the U.S. District Court for the District of Columbia.  The Information charged Cage with one count of bribery of a public official, which carries with it the penalties of up to 15 years of prison followed by three years of supervised release, and a fine of up to $250,000.  The guilty plea will be referred to U.S. District Judge Emmett Sullivan for approval and sentencing. A sentencing date has not yet been set.

            According to Cage’s admissions in connection with her guilty plea, dating back to at least 2012, Cage worked, in return for referral fees, to connect people in need of legal representation or medical services with providers of those services.  In 2017, Cage started MC Referrals and Marketing L.L.C. (MC Referrals) to provide these referral services.  To identify potential clients, Cage obtained from the Metropolitan Police Department (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.  Cage admitted that, beginning at that time and continuing into 2017, she paid cash bribes in the amount of $50 to $200 per week to a clerk in MPD’s First District station, to influence the clerk to violate the General Order and provide Cage with the confidential reports, which Cage used to contact and solicit potential clients.  Cage admitted that she paid the clerk at least $6,500 in bribes.

            In announcing the guilty plea, Acting U.S. Attorney Sherwin 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 Veronica Sanchez, who prosecuted the case.

WASHINGTON –   Cognosante, LLC has agreed to pay the United States $18,987,789 to resolve allegations that it violated the False Claims Act by using unqualified labor and overcharging the United States for services provided to government agencies under two General Services Administration (GSA)) contracts, the Justice Department announced today.  Cognosante, which is headquartered in Falls Church, Virginia, provides health care and IT services and solutions to federal agencies.   

            GSA’s Multiple Award Schedule (MAS) contracts allow the federal government to leverage its buying power to achieve favorable pricing.  Under MAS contracts, contractors negotiate with GSA to set maximum prices for goods and services subsequently ordered by agencies across the federal government.  These contracts provide streamlined access to the federal marketplace.

            The settlement resolves allegations that Cognosante overcharged the United States for services performed under two GSA MAS contracts, including by providing false information concerning Cognosante’s commercial discounting practices during contract negotiations.  It also resolves allegations that Cognosante charged the United States for labor that failed to meet the qualifications in one of the contracts.

            “MAS contract holders must deal forthrightly with federal agencies during negotiations and throughout the life of their contracts,” said Acting Attorney General Jeffrey Bossert Clark of the Justice Department’s Civil Division.  “We will hold accountable contractors who cause the government to pay more than it should for goods and services.”  

            “This settlement exhibits our dedication to recover overcharges paid by the government,” said Acting U.S. Attorney for the District of Columbia Michael R. Sherwin.  “We expect our contracting partners to be fully candid with the government, and we will pursue those that fail to fulfill that expectation.”

            "Today's settlement is a result of the successful partnership of the Office of Inspector General and the Department of Justice to protect and maintain the integrity of GSA's Multiple Award Schedule program,” said Carol F. Ochoa, Inspector General of GSA.

            Cognosante investigated and disclosed to the United States the contractual violations resolved in the settlement.  It received credit for its disclosure and cooperation.

            The settlement was the result of a joint investigation by the General Services Administration OIG, the United States Attorney’s Office for the District of Columbia, and the Civil Division’s Commercial Litigation Branch.  The claims resolved by the settlement agreement are allegations only and there has been no determination of liability.

WASHINGTON – The U.S. Attorney’s Office for the District of Columbia will not pursue federal criminal civil rights charges against the Metropolitan Police Department (MPD) officer involved in the fatal shooting of 18-year-old Deon Kay, the Office announced today.

            Officials from the U.S. Attorney’s Office’s Public Corruption and Civil Rights Section (PCCR) and MPD’s Internal Affairs Division (IAD) informed representatives of Mr. Kay’s family today of this determination.  Based on the results of a thorough investigation, the U.S. Attorney’s Office cannot prove, beyond a reasonable doubt, that the MPD officer who shot Mr. Kay committed willful violations of the applicable federal criminal civil rights statute.

            PCCR and IAD conducted a thorough review of Mr. Kay’s shooting, including examining: statements from officers and civilians on the scene; a voluntary statement from the officer who shot Mr. Kay; body worn camera (BWC) footage; radio transmissions; evidence collected from the incident scene and attendant results of forensic tests; and autopsy and toxicology reports.  The review uncovered no evidence that would support a criminal prosecution.

            The investigation determined that, on September 2, 2020, an MPD officer fatally shot Mr. Kay, an 18-year-old District resident, during an encounter in a small parking lot near 225 Orange Street, Southeast.  According to information obtained during the investigation, the MPD officer and other officers reported to that location because they had obtained information that there were individuals there displaying firearms from inside a parked car.  When the officers arrived, individuals inside the parked car exited and ran, including Mr. Kay.  One officer encountered Mr. Kay and shot him in the chest.  That officer’s BWC shows that Mr. Kay was holding a gun in his right hand and, in approximately the same instant that the officer fired, raised his right arm with the gun in his hand.  Mr. Kay tossed the gun, which was found approximately 98 feet from where he was shot.  The investigation did not determine whether Mr. Kay tossed the gun deliberately or in response to being shot at.  MPD officers on scene administered emergency medical measures and Mr. Kay was transported to George Washington University Hospital, where he passed away approximately 45 minutes after the shooting.  Another individual who was inside the parked car with Mr. Kay was found to be in possession of a gun.

            The focus of the criminal investigation was to determine whether federal prosecutors could prove that the officer violated any federal or local 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 Mr. Kay 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 he did so “willfully,” which the Supreme Court has interpreted to mean he 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 U.S. Attorney’s Office is unable to disprove a claim of self-defense or defense of others by the officer involved, who fired a single shot at Mr. Kay within one second of Mr. Kay holding a gun in his hand and raising his arm.  The U.S. Attorney’s Office has therefore closed its investigation into this matter.

WASHINGTON – A Washington, D.C., man was sentenced November 10, 2020 to 36 months of incarceration for his convictions on charges of mail fraud and wire fraud in relation to the sale of COVID-19 personal protective equipment (“PPE”) and the filing of fraudulent tax refund request and class action settlement claims. 

            The announcement was made by Michael R. Sherwin, the Acting U.S. Attorney in this case, Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, and, Jeff Dewitt, Chief Financial Officer of the District of Columbia Office of Tax and Revenue, Criminal Investigation Division.

            Craven Randall Casper, 38, of Washington, D.C., pled guilty in two separate prosecutions, first to mail fraud on March 12, 2020, and later to wire fraud on July 14, 2020.  His sentencing was consolidated into one proceeding.  On November 10, 2020, Casper was sentenced by Judge Amit Mehta to 36 months’ incarceration.  He was placed on three years of supervised release and ordered to pay $235,807.11 in restitution to victims.

            According to the government’s evidence, in connection with the mail fraud prosecution, Casper obtained personally identifiable information (“PII”) for taxpayers from around the country and, posing as those taxpayers, filed false state tax income returns that contained refund claims.    Casper successfully negotiated approximately 47 of those fraudulently-obtained tax refund checks between approximately February 2018 and July 2019. This amounted to approximately $197,518.82.  In some instances, Casper also used individuals’ PII to open bank accounts in their names to further assist him in the scheme.  Casper also submitted online fraudulent claims, in other peoples’ names, to various class action settlement funds for payments of money from class action settlements. Between approximately December 2017 and February 15, 2018, Casper successfully negotiated at least 120 fraudulently-obtained class action settlement checks, totaling approximately $34,487.84.

            In connection with the wire fraud prosecution, in February and March 2020, Casper created and operated a website, www.coronavirusprotectionmasks.org, on which he advertised for sale personal protection equipment (“PPE”) related to the COVID-19 pandemic.  These PPE items included N95 respirator masks, protective masks, and hand sanitizer.  Casper did not provide the PPE to the vast majority of his paying customers.  He stole at least $3,800.45 from his customers. 

            This case was investigated by the U.S. Postal Inspection Service, with assistance from the D.C. Office of Tax and Revenue. It was prosecuted by Special Assistant U.S. Attorney Mona Sedky and former Assistant U.S. Attorney Michael J. Marando.  Assistance was provided by Victim Witness Coordinator Tonya Jones and Victim Witness Program Specialist Yvonne Bryant, all of the U.S. Attorney’s Office for the District of Columbia.

WASHINGTON – On November 10, 2020, Firoz Patel and Ferhan Patel, the founders and operators of Payza.com, AlertPay.com, and Egopay.com, and their company MH Pillars were sentenced in the United States District Court for the District of Columbia for operating an Internet-based unlicensed money service business that processed more than $250 million in transactions. 

            Firoz Patel was sentenced to 36 months of incarceration; Ferhan Patel was sentenced to 18 months of incarceration; and MH Pillars, Inc., doing business as Payza, was sentenced to three years of corporate probation, announced Acting U.S. Attorney Michael R. Sherwin.  The defendants were also ordered to forfeit more than $4.5 million that had already been seized by the United States.  The defendants were also required to forfeit the websites through which they committed their offenses, Payza.com and AlertPay.com.

            On July 17, 2020, Firoz Patel, 46, and Ferhan Patel, 39, both of Quebec, Canada, each pled guilty to Conspiracy to Commit Crimes against the United States by Operating an Unlicensed Money Transmitting Business and by Laundering Monetary Instruments.  The Honorable Ketanji B. Jackson of the United States District Court took the defendants’ guilty pleas and sentenced them.

            “Operating an unlicensed money transmitting business that launders the transactions of other crimes and frauds is a serious criminal offense.  Without the money laundering, the frauds run by Payza’s customers could not have been completed,” said U.S. Attorney Sherwin.  “These convictions will remind criminals that the United States will do everything within its power to take the profit out of crime and convict those who enable fraud.”

            The defendants, through Payza.com, operated a money transmitting business that operated without the necessary state licenses and knowingly transmitted funds that were derived from illegal activity.  Despite receiving cease and desist letters from States and being told by a consultant that operating a money transmission business without the necessary licenses was a crime, Firoz and Ferhan Patel continued their illegal activity.  For example, Firoz Patel admitted to operating a prior money service business, AlertPay, which ignored repeated warnings from state regulators about its unlicensed activities.  Firoz Patel transitioned AlertPay into Payza after Firoz Patel was the subject of a Tennessee indictment for laundering narcotics proceeds through AlertPay.  The defendants admitted that no substantive changes took place during this rebrand.

            Payza had numerous merchants which the defendants knew to be Ponzi/pyramid schemes.  The defendants admitted to sanitizing Payza’s customers list by removing known illegal merchants, before producing that information to third parties requesting customer information.  For example, a co-conspirator informed Ferhan Patel in a series of emails that he was looking through the merchant list to remove “any merchants who have gross violations such as adult, gambling, drugs, violence ect. [sic]. And what I think is the tricky part: Identify MLM’s [multi-level marketing schemes] that are set up as obvious illegal Pyramid schemes.”  Payza failed to follow its own “Merchant Risk Guideline,” as internal documents revealed specific failures in relation to preventing the taking on and servicing of pyramid and Ponzi schemes. 

            The defendants further admitted that Payza struggled to maintain its relationships with financial institutions, because Payza so frequently was found to have customers engaged in illegal activity. Firoz Patel’s solution to this was to create a new company, Egopay, which took on all of Payza’s high risk customers. Firoz Patel and Ferhan Patel caused an email to be sent to high-risk Payza customers directing them to migrate their accounts to Egopay.  Ferhan Patel told Firoz Patel that Egopay was a problem in the U.S. because Egopay collected no customer due diligence data which created “obvious money laundering concerns.”  Ferhan Patel further admitted to Firoz Patel that Egopay was classified as a money service business and that it had no know your customer checks in place.  In spite of these known money laundering problems, Firoz Patel continued to allow Egopay to operate freely via the Payza platform.  Ultimately, Egopay was shut down by regulators in Belize, after which Payza began again directly servicing many of Egopay’s customers.

            The defendants each admitted that their scheme caused over $250 million to be illegally transmitted and to failing to conduct proper due diligence of their customers.  The defendants also acknowledged that their actions were done willfully, knowingly, and with the specific intent to violate the law.

            In announcing the sentencing, Mr. Sherwin praised the efforts of those who have investigated and prosecuted the case. He expressed appreciation to the agents who worked on the investigation from the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations, Washington Field office.  He also commended those who worked on the case from the U.S. Attorney’s Office, including former Paralegals C. Rosalind Pressley and Toni Donato, Paralegals Elizabeth Swienc and Brian Rickers, Records Examiner Angela De Falco, Contract Financial Analyst Jason Hall, Victim Witness Specialists Yvonne Bryant and Basizette Stribling, Legal Assistant Jessica McCormick, and Thomas Royal and Joshua Ellen from the Litigation Support Section.

            Finally, he praised the work of Assistant United States Attorney Arvind Lal and former Assistant United States Attorneys Zia Faruqui and John Marston.

WASHINGTON – Eric Schneider, a 60-year-old Virginia resident and former Vice-President and Chief Operating Officer of Communications Resource, Inc. (CRI), pled guilty on November 6, 2020 in federal court in the District of Columbia to one count of conspiracy to violate the Procurement Integrity Act and one count of obstruction of justice.

            According to court papers, Schneider admitted to giving gifts to multiple officials at the United States Department of Agriculture (USDA) to influence the award of contracts worth over $19.2 million to CRI and another company he controlled.  Schneider admitted to giving USDA officials Corvette wheels, concert tickets, PGA tour tickets, meals, alcohol, strip clubs, parking, concierge medical services, prescription drugs, and other cash tips. Schneider further admitted that, as part of the conspiracy, he drafted or instructed employees to draft procurement documents in such a way as to favor the award of a multi-million dollar contract to CRI.  Schneider then provided the documents to a USDA official to whom he provided gifts, for use in the procurement process as if they had been prepared by the USDA.  Schneider also admitted to directing two CRI employees to destroy documents responsive to a federal grand jury subpoena.

            Schneider pled guilty in United States District Court for the District of Columbia.  United States District Judge Carl J. Nichols is presiding over the case.  A sentencing date has not yet been set.  The maximum penalty for conspiracy is five years in prison and a fine of not more than $250,000 or twice the pecuniary gain or loss of the offense. The maximum penalty for obstruction of justice is ten years of imprisonment.

            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.

Chin Hua Huang, 42, a resident of Taiwan, was charged in the United States District Court for the District of Columbia with participating in a criminal conspiracy to violate U.S. export laws and sanctions against Iran.  Also charged was Taiwan business organization DES International Co., Ltd. (DES Int’l) and Brunei business organization Soltech Industry Co., Ltd. (Soltech).

Huang, DES Int’l, and Soltech were charged in a criminal complaint with conspiring to defraud the United States and to violate the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions and Sanctions Regulations (ITSRs).

“The defendants are charged with conspiring to violate American sanctions on Iran by buying goods from the United States, concealing the origin of those goods and sending them to Iran for use by the government and business,” said Assistant Attorney General for National Security John Demers.  “Violations of the sanctions diminish their effectiveness and delay the day when Iran will cease its belligerent activity.”

“Individuals or business organizations that violate U.S. laws by providing U.S. goods to Iran without a license will be prosecuted to the fullest extent of the law,” said Acting U.S. Attorney Sherwin.

“The FBI greatly appreciates the coordinated efforts with HSI, OFAC, DCIS, BIS, DC USAO, and DOJ CES to bring formal charges against DES International, it’s subsidiary Soltech Industry, and Ms. Chin Hua Huang. Together, they worked to relentlessly pursue every lead to ensure these individuals would face the charges detailed in the criminal complaint for their roles in illegally supplying U.S. technology to Iran,” stated FBI San Antonio Division Special Agent in Charge Christopher Combs.  “The items, which were allegedly delivered by DES International, its front companies and Ms. Huang to Iran, undermined our national security.  For me, the most impressive aspect of this investigative team’s diligent work was not only the criminal charges against these three entities, but also the addition of four individuals and more than six companies to the Department of Treasury Office of Foreign Asset Control’s Specially Designated Nationals and Blocked Persons List (SDN) surrounding this proliferation network located throughout the Middle East and Asia.”

“Today’s action is a tremendous example of Homeland Security Investigations’ (HSI) collaborative commitment to enforce the export laws of the United States.  These individuals and organizations are eroding our country’s national security and legitimate commerce by transshipping sensitive U.S. technology to Iran through various shell companies and affiliates,” said Special Agent in Charge, Shane Folden, HSI San Antonio.  “This effort demonstrates the U.S. Government’s enduring resolve to ensure significant consequences to violators.  HSI is uniquely positioned to use its wide ranging investigative authorities and global footprint to mitigate weaknesses within the U.S. trade and financial sectors by utilizing the full authorities of the U.S. Government.”

"This investigation underscores the Defense Criminal Investigative Service's commitment to safeguarding our nation's most sensitive technologies and preventing those technologies from getting into the hands of our adversaries," said Michael Mentavlos, Special Agent in Charge of the DCIS Southwest Field Office.  "DCIS, in consort with our law enforcement partners, will continue to aggressively identify, disrupt, and bring to justice those who attempt to circumvent export control laws and threaten the integrity of U.S. military technology." 

“Today’s action is the result of seamless coordination and collaborative counter proliferation efforts of a very dedicated multi-agency team of law enforcement professionals from the Office of Export Enforcement (OEE), Homeland Security Investigations, Defense Criminal Investigative Service, the FBI and the Department of Justice.  OEE and our partners will continue to prevent the illegal export of U.S. technologies and protect American businesses by combatting transnational criminal networks and violators of our export laws.” said P. Lee Smith, Performing the Nonexclusive Functions and Duties of the Assistant Secretary for Export Enforcement, Bureau of Industry and Security, US Department of Commerce.

The affidavit in support of the criminal complaint alleges that Huang was a sales agent for DES Int’l and Soltech, both of which procured goods from the United States for the benefit of Iranian government entities and business organizations.   DES Int’l and Soltech were affiliated with one another by virtue of common directors, employees, and customers.  Huang used her position as a sales agent to help an Iranian research center obtain U.S. goods without a license from the Department of the Treasury.  These goods included a power amplifier designed for use in electromechanical devices, and cybersecurity software.  Huang took steps to conceal the U.S. origin of the goods, including by removing serial number stickers with the phrase “Made in USA” from packages, and by causing the cybersecurity software to be downloaded onto a computer outside of Iran.  Huang shared developments regarding this illegal conduct with other employees and directors of DES Int’l and Soltech.

A concurrent action was taken by the Department of the Treasury, sanctioning Huang, DES Int’l, and Soltech, and seven related individuals and entities.

If convicted, Huang would face up to five years of imprisonment and a fine of up to $250,000, and Des Int’l and Soltech would each face a fine of up to $500,000.  The criminal charge in the complaint is an allegation, and criminal defendants are presumed innocent until proven guilty beyond a reasonable doubt.

The investigation was conducted by the FBI’s San Antonio, Texas, Field Office, HSI, DCIS, and DOC.  Assistant U.S. Attorney Michael J. Friedman and National Security Division Trial Attorney William Mackie are representing the United States.

WASHINGTON – Chin Hua Huang, 42, a resident of Taiwan, was charged in the United States District Court for the District of Columbia with participating in a criminal conspiracy to violate U.S. export laws and sanctions against Iran.  Also charged was Taiwan business organization DES International Co., Ltd. (DES Int’l) and Brunei business organization Soltech Industry Co., Ltd. (Soltech).

            Huang, DES Int’l, and Soltech were charged in a criminal complaint with conspiring to defraud the United States and to violate the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions and Sanctions Regulations (ITSRs).

            “Individuals or business organizations that violate U.S. laws by providing U.S. goods to Iran without a license will be prosecuted to the fullest extent of the law,” said Acting U.S. Attorney Sherwin.

            “The defendants are charged with conspiring to violate American sanctions on Iran by buying goods from the United States, concealing the origin of those goods and sending them to Iran for use by the government and business,” said Assistant Attorney General for National Security John Demers.  “Violations of the sanctions diminish their effectiveness and delay the day when Iran will cease its belligerent activity.”

            “The FBI greatly appreciates the coordinated efforts with HSI, OFAC, DCIS, BIS, DC USAO, and DOJ CES to bring formal charges against DES International, its subsidiary Soltech Industry, and Ms. Chin Hua Huang. Together, they worked to relentlessly pursue every lead to ensure these individuals would face the charges detailed in the criminal complaint for their roles in illegally supplying U.S. technology to Iran,” stated FBI San Antonio Division Special Agent in Charge Christopher Combs.  “The items, which were allegedly delivered by DES International, its front companies and Ms. Huang to Iran, undermined our national security.  For me, the most impressive aspect of this investigative team’s diligent work was not only the criminal charges against these three entities, but also the addition of four individuals and more than six companies to the Department of Treasury Office of Foreign Asset Control’s Specially Designated Nationals and Blocked Persons List (SDN) surrounding this proliferation network located throughout the Middle East and Asia.”

            “Today’s action is a tremendous example of Homeland Security Investigations’ (HSI) collaborative commitment to enforce the export laws of the United States.  These individuals and organizations are eroding our country’s national security and legitimate commerce by transshipping sensitive U.S. technology to Iran through various shell companies and affiliates,” said Special Agent in Charge, Shane Folden, HSI San Antonio.  “This effort demonstrates the U.S. Government’s enduring resolve to ensure significant consequences to violators.  HSI is uniquely positioned to use its wide ranging investigative authorities and global footprint to mitigate weaknesses within the U.S. trade and financial sectors by utilizing the full authorities of the U.S. Government.”

            "This investigation underscores the Defense Criminal Investigative Service's commitment to safeguarding our nation's most sensitive technologies and preventing those technologies from getting into the hands of our adversaries," said Michael Mentavlos, Special Agent in Charge of the DCIS Southwest Field Office.  "DCIS, in consort with our law enforcement partners, will continue to aggressively identify, disrupt, and bring to justice those who attempt to circumvent export control laws and threaten the integrity of U.S. military technology." 

            “Today’s action is the result of seamless coordination and collaborative counter proliferation efforts of a very dedicated multi-agency team of law enforcement professionals from the Office of Export Enforcement (OEE), Homeland Security Investigations, Defense Criminal Investigative Service, the FBI and the Department of Justice.  OEE and our partners will continue to prevent the illegal export of U.S. technologies and protect American businesses by combatting transnational criminal networks and violators of our export laws.” said P. Lee Smith, Performing the Nonexclusive Functions and Duties of the Assistant Secretary for Export Enforcement, Bureau of Industry and Security, US Department of Commerce.

            The affidavit in support of the criminal complaint alleges that Huang was a sales agent for DES Int’l and Soltech, both of which procured goods from the United States for the benefit of Iranian government entities and business organizations.  DES Int’l and Soltech were affiliated with one another by virtue of common directors, employees, and customers.  Huang used her position as a sales agent to help an Iranian research center obtain U.S. goods without a license from the Department of the Treasury. These goods included a power amplifier designed for use in electromechanical devices, and cybersecurity software.  Huang took steps to conceal the U.S. origin of the goods, including by removing serial number stickers with the phrase “Made in USA” from packages, and by causing the cybersecurity software to be downloaded onto a computer outside of Iran.  Huang shared developments regarding this illegal conduct with other employees and directors of DES Int’l and Soltech.

            A concurrent action was taken by the Department of the Treasury, sanctioning Huang, DES Int’l, and Soltech, and seven related individuals and entities.

            If convicted, Huang would face up to five years of imprisonment and a fine of up to $250,000, and DES Int’l and Soltech would each face a fine of up to $500,000.  The criminal charge in the complaint is an allegation, and criminal defendants are presumed innocent until proven guilty beyond a reasonable doubt.

            The investigation was conducted by the FBI’s San Antonio, Texas, Field Office, HSI, DCIS, and DOC.  Assistant U.S. Attorney Michael J. Friedman and National Security Division Trial Attorney William Mackie are representing the United States.

WASHINGTON - The Justice Department today announced the filing of a complaint to forfeit two shipments of Iranian missiles that the U.S. Navy seized in transit from Iran’s Islamic Revolutionary Guard Corps (IRGC) to militant groups in Yemen, as well as the sale of approximately 1.1 million barrels of Iranian petroleum that the United States previously obtained from four foreign-flagged oil tankers bound for Venezuela. 

            These actions represent the government’s largest-ever forfeitures actions for fuel and weapons shipments from Iran.

            “The two forfeiture complaints allege sophisticated schemes by the IRGC to secretly ship weapons to Yemen and fuel to Venezuela, countries that pose grave threats to the security and stability of their respective regions,” said John Demers, Assistant Attorney General for National Security.  “Iran continues to be a leading state sponsor of terrorism and a worldwide destabilizing force.  It is with great satisfaction that I can announce that our intentions are to take the funds successfully forfeited from the fuel sales and provide them to the United States Victims of State Sponsored Terrorism Fund after the conclusion of the case.”

            “These actions demonstrate our commitment to working with all of our law enforcement partners to stem the flow of illicit weapons, oil, and money from Iran’s Islamic Revolutionary Guard Corps and other organizations that would do harm to the United States,” said U.S. Attorney Michael R. Sherwin for the District of Columbia.  “The U.S. Attorney’s Office for the District of Columbia will use all available tools, including our jurisdiction to seize and forfeit assets located abroad, to counter terrorist funding and weapons proliferation.”

            “This case exemplifies the remarkable collaboration across government toward our shared goal of protecting the homeland from regimes that threaten our national security.  This investigation sends a message that the attempted circumvention of U.S. sanctions and the avoidance of export conventions will not be tolerated,” said Derek Benner, Executive Associate Director for Homeland Security Investigations (HSI).  “HSI will continue to use the full scope of its authorities and stand besides its partners in the U.S. and around the world keep weapons and assets out of the hands of adversarial regimes.”  

            “The FBI places a high priority on national security investigations targeting state sponsored foreign terrorist organizations like the IRGC,” said FBI Minneapolis Special Agent in Charge Michael Paul.  “We recognize and appreciate the hard work and dedication of the agents and prosecutors who secured forfeiture of the petroleum and prevented its proceeds from funding Iran’s campaign of violence and unrest throughout the Middle East.”

            “The illegal exportation of sensitive technology to prohibited countries poses a significant threat to our national security,” said Dermot F. O'Reilly, Director, Defense Criminal Investigative Service (DCIS).  “The complaint announced today is the direct result of joint investigative and analytical efforts with close partners in law enforcement and the Department of Defense.  DCIS will continue to identify, disrupt, and bring to justice those who threaten U.S. military technology.”

            U.S. Navy Central Command (NAVCENT) seized the weapons from two flagless vessels in the Arabian Sea on Nov. 25, 2019 and Feb. 9, 2020, respectively.  The weapons included 171 guided anti-tank missiles, eight surface-to-air missiles, land attack cruise missile components, anti-ship cruise missile components, thermal weapons optics, and other components for missiles and unmanned aerial vehicles.

            On Aug. 20, 2020, the Justice Department filed a complaint seeking to forfeit the seized weapons in U.S. District Court for the District of Columbia.  The forfeiture action is part of a larger investigation of an Iranian weapons smuggling network responsible for the arms shipments.  The network was involved in the illicit trafficking of advanced conventional weapons systems and components, including systems that contain U.S.-origin components, by sanctioned Iranian entities that directly support military action by the Houthis movement in Yemen and the Iranian regime’s campaign of terrorist activities throughout the region.

            On Feb. 9, 2020, U.S. authorities seized three type “358” surface-to-air missiles (above) and 150 “Dhelaveih” anti-tank guided missiles (below).

            On July 2, 2020, the United States also filed a complaint in U.S. District Court for the District of Columbia seeking to forfeit all petroleum-product cargo aboard four foreign-flagged oil tankers.  The petroleum originated in Iran, and the sale of that petroleum benefitted the IRGC, a sanctioned Iranian entity.  In August 2020, the district court issued a warrant for arrest in rem and the United States subsequently transferred approximately 1.1 million barrels of refined petroleum from the four vessels.  The United States has now sold and delivered that petroleum.

            The two forfeiture complaints allege sophisticated schemes by the IRGC to clandestinely ship weapons and fuel to sanctioned entities that pose grave threats to U.S. national security.  Forfeiture complaints are merely allegations.  The burden to prove forfeitability in both civil forfeiture proceedings is upon the government.

            Funds successfully forfeited with a connection to a state sponsor of terrorism may in whole or in part be directed to the United States Victims of State Sponsored Terrorism Fund (http://www.usvsst.com/) after the conclusion of the case.

            These seizures and forfeiture actions are a product of the U.S. government’s coordinated efforts to enforce U.S. sanctions against the IRGC and the Iranian regime.  HSI’s Washington Field Office and DCIS’s Mid-Atlantic Field Office are leading the investigation of the Iranian weapons smuggling network, with substantial assistance from NAVCENT in conducting the seizures.  The weapons case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia.  Assistant U.S. Attorneys Michael P. Grady and Stuart D. Allen are handing the case on behalf of the U.S. Attorney’s Office, with support from Paralegal Specialist Elizabeth Swienc and Legal Assistant Jessica McCormick.

            HSI Denver and FBI’s Minneapolis Field Office are investigating the shipments of Iranian petroleum, again with substantial assistance from NAVCENT during the seizure.  The petroleum case is being prosecuted by the National Security Division and the U.S. Attorney’s Office for the District of Columbia.  Assistant U.S. Attorneys Brian P. Hudak, Michael P. Grady, and Stuart D. Allen and National Security Division Trial Attorney David Lim are litigating the case, with support from Paralegal Specialist Elizabeth Swienc and Legal Assistant Jessica McCormick.  The Money Laundering and Asset Recovery Section of the Criminal Division of the U.S. Department of Justice provided extensive assistance in the forfeiture and sale of the seized petroleum.

The Justice Department today announced the filing of a complaint to forfeit two shipments of Iranian missiles that the U.S. Navy seized in transit from Iran’s Islamic Revolutionary Guard Corps (IRGC) to militant groups in Yemen, as well as the sale of approximately 1.1 million barrels of Iranian petroleum that the United States previously obtained from four foreign-flagged oil tankers bound for Venezuela. 

These actions represent the government’s largest-ever forfeitures actions for fuel and weapons shipments from Iran.

 “The two forfeiture complaints allege sophisticated schemes by the IRGC to secretly ship weapons to Yemen and fuel to Venezuela, countries that pose grave threats to the security and stability of their respective regions,” said John Demers, Assistant Attorney General for National Security.  “Iran continues to be a leading state sponsor of terrorism and a worldwide destabilizing force.  It is with great satisfaction that I can announce that our intentions are to take the funds successfully forfeited from the fuel sales and provide them to the United States Victims of State Sponsored Terrorism Fund after the conclusion of the case.”

“These actions demonstrate our commitment to working with all of our law enforcement partners to stem the flow of illicit weapons, oil, and money from Iran’s Islamic Revolutionary Guard Corps and other organizations that would do harm to the United States,” said U.S. Attorney Michael Sherwin for the District of Columbia.  “The U.S. Attorney’s Office for the District of Columbia will use all available tools, including our jurisdiction to seize and forfeit assets located abroad, to counter terrorist funding and weapons proliferation.”

“This case exemplifies the remarkable collaboration across government toward our shared goal of protecting the homeland from regimes that threaten our national security.  This investigation sends a message that the attempted circumvention of U.S. sanctions and the avoidance of export conventions will not be tolerated,” said Derek Benner, Executive Associate Director for Homeland Security Investigations (HSI).  “HSI will continue to use the full scope of its authorities and stand besides its partners in the U.S. and around the world keep weapons and assets out of the hands of adversarial regimes.”  

“The FBI places a high priority on national security investigations targeting state sponsored foreign terrorist organizations like the IRGC,” said FBI Minneapolis Special Agent in Charge Michael Paul.  “We recognize and appreciate the hard work and dedication of the agents and prosecutors who secured forfeiture of the petroleum and prevented its proceeds from funding Iran’s campaign of violence and unrest throughout the Middle East.”

“The illegal exportation of sensitive technology to prohibited countries poses a significant threat to our national security,” said Dermot F. O'Reilly, Director, Defense Criminal Investigative Service (DCIS).  “The complaint announced today is the direct result of joint investigative and analytical efforts with close partners in law enforcement and the Department of Defense.  DCIS will continue to identify, disrupt, and bring to justice those who threaten U.S. military technology.”

U.S. Navy Central Command (NAVCENT) seized the weapons from two flagless vessels in the Arabian Sea on Nov. 25, 2019 and Feb. 9, 2020, respectively.  The weapons included 171 guided anti-tank missiles, eight surface-to-air missiles, land attack cruise missile components, anti-ship cruise missile components, thermal weapons optics, and other components for missiles and unmanned aerial vehicles.

On Aug. 20, 2020, the Justice Department filed a complaint seeking to forfeit the seized weapons in U.S. District Court for the District of Columbia.  The forfeiture action is part of a larger investigation of an Iranian weapons smuggling network responsible for the arms shipments.  The network was involved in the illicit trafficking of advanced conventional weapons systems and components, including systems that contain U.S.-origin components, by sanctioned Iranian entities that directly support military action by the Houthis movement in Yemen and the Iranian regime’s campaign of terrorist activities throughout the region.

On Feb. 9, 2020, U.S. authorities seized three type “358” surface-to-air missiles (above) and 150 “Dhelaveih” anti-tank guided missiles (below).

On July 2, 2020, the United States also filed a complaint in U.S. District Court for the District of Columbia seeking to forfeit all petroleum-product cargo aboard four foreign-flagged oil tankers.  The petroleum originated in Iran, and the sale of that petroleum benefitted the IRGC, a sanctioned Iranian entity.  In August 2020, the district court issued a warrant for arrest in rem and the United States subsequently transferred approximately 1.1 million barrels of refined petroleum from the four vessels.  The United States has now sold and delivered that petroleum.

The two forfeiture complaints allege sophisticated schemes by the IRGC to clandestinely ship weapons and fuel to sanctioned entities that pose grave threats to U.S. national security.  Forfeiture complaints are merely allegations.  The burden to prove forfeitability in both civil forfeiture proceedings is upon the government.

Funds successfully forfeited with a connection to a state sponsor of terrorism may in whole or in part be directed to the United States Victims of State Sponsored Terrorism Fund (http://www.usvsst.com/) after the conclusion of the case.

These seizures and forfeiture actions are a product of the U.S. government’s coordinated efforts to enforce U.S. sanctions against the IRGC and the Iranian regime.  HSI’s Washington Field Office and DCIS’s Mid-Atlantic Field Office are leading the investigation of the Iranian weapons smuggling network, with substantial assistance from NAVCENT in conducting the seizures.  The weapons case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia.  Assistant U.S. Attorneys Michael P. Grady and Stuart D. Allen are handing the case on behalf of the U.S. Attorney’s Office, with support from Paralegal Specialist Elizabeth Swienc and Legal Assistant Jessica McCormick.

HSI Denver and FBI’s Minneapolis Field Office are investigating the shipments of Iranian petroleum, again with substantial assistance from NAVCENT during the seizure.  The petroleum case is being prosecuted by the National Security Division and the U.S. Attorney’s Office for the District of Columbia.  Assistant U.S. Attorneys Brian P. Hudak, Michael P. Grady, and Stuart D. Allen and National Security Division Trial Attorney David Lim are litigating the case, with support from Paralegal Specialist Elizabeth Swienc and Legal Assistant Jessica McCormick.  The Money Laundering and Asset Recovery Section of the Criminal Division of the U.S. Department of Justice provided extensive assistance in the forfeiture and sale of the seized petroleum. 

WASHINGTON - Acting United States Attorney Michael R. Sherwin announced today that Assistant United States Attorney (AUSA) Liz Aloi will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 3, 2020, general election.  AUSA Aloi has been appointed to serve as the District Election Officer (DEO) for the District of Columbia, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights concerns in consultation with Justice Department Headquarters in Washington.

            Acting United States Attorney Sherwin said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud.  The Department of Justice will always act appropriately to protect the integrity of the election process.”

            The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur.  The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open through election day.

            Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input.  It also contains special protections for the rights of voters, and provides that they can vote free from acts that intimidate or harass them.  For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law.  Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or illiteracy).

            The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice.  In order to respond to complaints of election fraud or voting rights concerns during the voting period that ends on November 3, 2020, and to ensure that such complaints are directed to the appropriate authorities, Acting United States Attorney Sherwin stated that AUSA/DEO Aloi will be on duty in this District while the polls are open.  She can be reached by the public at the following telephone number: (202) 252-7212.

            In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day.  The local FBI Washington Field Office can be reached by the public at (202) 278-2000.

            Complaints about possible violations of the federal voting rights laws can be made directly to the Department of Justice Civil Rights Division in Washington, DC by phone at 800-253-3931 or by complaint form at https://civilrights.justice.gov/ .

            Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities.  State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.

            Acting United States Attorney Sherwin said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate.  It is imperative that those who have specific information about discrimination or election fraud make that information available to my Office, the FBI, or the Civil Rights Division.”

WASHINGTON – Guild Mortgage Company has agreed to pay the United States $24.9 million to resolve allegations that it violated the False Claims Act and the common law by knowingly breaching material program requirements when it originated and underwrote mortgages insured by the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA), the Department of Justice announced today.  Guild Mortgage Company is headquartered in San Diego, California, with branches across the United States.

            “Ensuring the integrity of federal lending programs is important to keeping those programs financially sound,” said Acting Assistant Attorney General Jeffrey Bossert Clark of the Department of Justice’s Civil Division.  “Together, with our partners at HUD, we have worked hard to hold accountable FHA lenders that knowingly and materially violate program requirements that help Americans achieve the dream of home ownership.”

            “The United States is committed to providing Americans opportunities to own their own homes,” said Acting U.S. Attorney for the District of Columbia Michael R. Sherwin.  “This settlement reflects the diligent work of officials from the Department of Justice and HUD to ensure that the programs that provide those opportunities are operated with integrity and in accordance with requirements established by law.”

            “As this settlement demonstrates, we are committed to holding mortgage lenders accountable when they choose to abuse the integrity of vital government programs that are designed to assist homeownership,” said U.S. Attorney Robert Brewer for the Southern District of California.  “We also commend the whistleblower for coming forward, exposing these wrongs, and working with the government investigative team.”

            “The Federal Housing Administration insurance program is a critical tool that helps hardworking Americans achieve their dream of homeownership.  Any abuse of that program is unacceptable and the bad actors will be held accountable,” said Rae Oliver Davis, U.S. Department of Housing and Urban Development, Inspector General.  “This case highlights the effectiveness and the importance of whistleblower programs.” 

            Participants in the FHA mortgage insurance program, like Guild Mortgage Company, can originate and underwrite mortgages without first having the government review the loans for compliance with the agency’s underwriting and origination requirements.  If an FHA-insured loan defaults, the holder of the loan can then recover from the United States for certain losses.  Lenders must follow FHA rules designed to ensure that only mortgages that meet key credit and underwriting criteria are insured by the government. 

            The settlement announced today resolves allegations that Guild Mortgage Company knowingly approved ineligible loans that later defaulted and resulted in claims to FHA for mortgage insurance, failed to comply with material program rules that require lenders to maintain quality control programs to prevent and correct underwriting deficiencies, and failed to self-report materially deficient loans that it identified.

            The agreement resolves allegations brought by the former head of quality control at Guild Mortgage Company, Kevin Dougherty, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery.  The Act permits the United States to intervene in such a lawsuit, as it did in part here.  Dougherty will receive $4,980,000 as his share of the government’s recovery.

            The investigation, litigation, and settlement were the result of a coordinated effort among the Commercial Litigation Branch of the Department of Justice’s Civil Division, the U.S. Attorney’s Offices for the District of Columbia and the Southern District of California, HUD, and HUD-OIG. 

            The qui tam case is captioned United States ex rel. Dougherty v. Guild Mortgage Company, Civ. A. No. 16-2909 (S.D. Cal.). 

            The claims asserted against the defendant are allegations only, and there has been no determination of liability.

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.

            As members of this community, we remain deeply disturbed by the death of George Floyd, and the circumstances surrounding his death. We support the fair and equitable treatment of individuals, regardless of race. In this time, we recommit ourselves to our duty as prosecutors—that is, to uphold the Constitution and the laws of the District of Columbia, and to serve justice for all. We support many of the goals of these bills, which include ensuring accountability for police misconduct, and we commend the Council for its role in furthering this goal.

Bill 23-0882, the “Comprehensive Policing and Justice Reform Amendment Act of 2020”

            As to Bill 23-0882, the “Comprehensive Policing and Justice Reform Amendment Act of 2020,” we have several concerns regarding proposals in this bill relating to body-worn camera (BWC) footage. First, the bill proposes prohibiting MPD members from reviewing their BWC recording or BWC recordings that have been shared with them to assist in initial report writing. It bears emphasizing that, before this same change was implemented by the Council’s emergency legislation, MPD members were generally permitted to review their BWC recording or BWC recordings that had been shared with them to assist in initial report writing, but were precluded from reviewing their own BWC recording before writing an initial report where a police shooting was involved. As detailed in our June 8, 2020 letter to the Council regarding the emergency legislation, we support expanding that exception (that is, the preclusion of review) to encompass cases involving officer conduct that results in serious bodily injury or death, even where there is no firearm involved.

            Our concerns, therefore, only apply to cases that do not involve a police shooting, or officer-involved death or serious bodily injury. These include homicides, sexual abuse, domestic violence, robberies, burglaries, assaults, and other violent crimes committed by civilians against other civilians.

            Our primary objective is to ensure the accuracy of the initial police report. Particularly in less serious cases, where a detective may not be assigned, the initial police report is a crucial way to inform prosecutors, the defense, and judges about the facts of the case. Officer accuracy in report writing is paramount, and we are concerned about any change in law that could infringe on accuracy. Frequently, the language in the initial police report is the same language used in a Gerstein affidavit filed in court or in an arrest or search warrant, upon which judges rely when making decisions that affect a person’s liberty and privacy.[1]

            Further, BWC footage may contain exculpatory material that is favorable to a defendant. This could include exculpatory statements made by civilian witnesses, exculpatory evidence captured on video, exculpatory suspects that could exonerate the accused, and misidentification of an arrestee. The law should encourage police to discover and capture exculpatory material at the earliest opportunity, and should not prohibit police from reviewing BWC footage where exculpatory material may exist.

            Moreover, if officers are not permitted—outside of the context of officer conduct that results in serious bodily injury or death—to review BWC footage before writing a report, officers may be incentivized to write very brief initial reports that do not contain meaningful details, to the detriment of prosecutors seeking to make just charging decisions, defense counsel arguing probable cause and release conditions, and judges making probable cause and hold determinations.

            Finally, the Police Executive Research Forum (PERF) clarified in a letter to this Committee that it continues to recommend that officers be allowed to view BWC recordings before writing an initial police report. We agree with PERF on this issue, and appreciate PERF resolving any ambiguity as to their current position.

            Second, the bill proposes requiring the Mayor, within 5 business days after an officer- involved death or the serious use of force, to publicly release the names and BWC recordings of all officers who committed the officer-involved death or serious use of force, with certain exceptions. The Mayor would retain discretion to release other BWC recordings in matters of significant public interest.

            We are concerned that this modification would, in fact, make it more difficult to investigate a serious officer-involved death or serious use of force. Such a result, of course, would be contrary to our shared goal of ensuring officer accountability for misconduct. Once the BWC footage is public, both the officer involved and any civilians involved would be able to watch it. The early publication of BWC could, in certain situations, create a narrative that makes it difficult to conduct an investigation, as it may lead witnesses to a conclusion that affects their testimony, or otherwise influence witness testimony. In our June 8, 2020 letter to the Council, we expressed concern about the initial proposal that BWC footage must be released 72 hours following an incident. This proposal has now been modified to mandate release after 5 business days, rather than 72 hours. Although 5 business days could allow for more investigation than 72 hours, it would still be very difficult for our office to conduct a full investigation within 5 business days, as a full investigation could include all relevant parties, including involved civilians, testifying before the grand jury.

            Because there are situations where it could be appropriate for the Mayor, in consultation with the relevant agencies, to release BWC footage, the Mayor should have discretion to release BWC footage at an appropriate time, balancing the needs of the community to see the footage with the needs of prosecutors to accurately investigate what happened, and the security and privacy rights of civilian witnesses who may be depicted in the footage.

Bill 23-0723, the “Rioting Modernization Amendment Act of 2020”

            As to Bill 23-0723, the “Rioting Modernization Amendment Act of 2020,” we agree in principle with what we understand the Judiciary Committee Chairman’s goal to be in proposing an amendment to the rioting statute: to clarify the current statute so that it is clear to all and to ensure that it provides for public safety by appropriately capturing rioting versus otherwise protected conduct. We have several concerns, however, with this amended offense as drafted.

            Under current law, a “riot” is “a public disturbance involving an assemblage of 5 or more persons which by tumultuous and violent conduct or the threat thereof creates grave danger or injury to property or persons.” D.C. Code § 22-1322(a). A person can be liable for the offense of rioting either for “willfully engag[ing] in a riot” or for “willfully incit[ing] or urg[ing] other persons to engage in a riot.” D.C. Code §§ 22-1322(b) and (c).

            Further, under current law, a riot is a group activity, and the presence of a “riot” must first be established. The subsequent question of whether a particular person is “engaging” in a riot is an individualized determination. Courts have upheld a wide range of behavior as “engaging” in a riot. In Matthews v. United States, 419 F.2d 1177 (D.C. Cir. 1969), the Court of Appeals for the D.C. Circuit held that a defendant who took liquor from a liquor store during a riot was deemed to have engaged in the riot. In Carr v. District of Columbia, 587 F.3d 401, 406 (D.C. Cir. 2009), the D.C. Circuit stated that “if members of the crowd were cheering acts of violence committed by other marchers, they would be engaging in criminal conduct” under the rioting statute.

            The proposed bill would modify the rioting statute to create liability for rioting where 10 or more people are each committing or attempting to commit a specified criminal offense in the area perceptible to one another. By changing the law in this manner, it would be more difficult to establish both that a riot exists and that an individual is engaging in a riot—even under circumstances where most members of our community would agree that the conduct at issue constituted rioting.

            This is the case because the bill would change the offense of rioting by making rioting liability contingent upon each individual’s criminal or attempted criminal conduct, rather than contingent upon each individual’s willful participation in the group activity. In other words, to prove rioting under this bill, we would first have to prove that the defendant engaged in the underlying criminal conduct (for example, an assault, destruction of property, etc.), and then also prove that nine (9) other individuals engaged in underlying criminal conduct in the area perceptible to one another. Because this rioting bill provides the same maximum penalty as the penalty for much of the underlying criminal conduct on which the amended offense would rely, and creates additional elements to prove, there would be little incentive for prosecutors to charge a defendant with the offense of rioting. Rather, where appropriate, prosecutors likely would charge the defendant only with the underlying criminal conduct, such as assault or destruction of property.

            Further, this proposal would remove liability for inciting or urging others to engage in a riot. This means that a person who organizes and coordinates a violent riot, but does not physically participate in it, would have no liability under this provision. Although other theories of accomplice liability could potentially apply, we believe that specific provisions for inciting a riot are warranted. Dispensing with specifically enumerated criminal liability for inciting others to riot will create gaps in the ability of law enforcement to address situations where a person or persons are actively encouraging others toward criminal behavior, and may reduce law enforcement’s ability to thwart such rioting behavior before it even begins.

            Moreover, this proposal limits rioting to a misdemeanor offense, and eliminates a felony gradation of rioting. Under current law, felony liability attaches where, “in the course and as a result of a riot[,] a person suffers serious bodily harm or there is property damage in excess of $5,000.” D.C. Code § 22-1322(d). We recommend that the rioting statute maintain felony liability based on the level of bodily harm or the amount of property damage incurred.

            Finally, the bill appears to use some language from the draft recommendations of the Criminal Code Reform Commission (CCRC). Without the context of the CCRC’s full recommendations, however, this language creates gaps in liability. For example, the bill references “a criminal offense that causes or would cause . . . [b]odily injury.” Under the CCRC’s recommendations, the corollary offense to simple assault would require “bodily injury.” Under current law, by contrast, simple assault does not require bodily injury as an element of the offense, see D.C. Code § 22-404(a)(1), although felony versions of assault do require various levels of bodily injury, see D.C. Code § 22-404(a)(2) (assault with significant bodily injury); D.C. Code § 22-404.10 (aggravated assault, which requires serious bodily injury). Because simple assault under current law does not require “bodily injury” as an element of the offense, simple assault would not constitute “a criminal offense that causes or would cause . . . bodily injury” under this bill. Thus, under this bill as drafted, a defendant who commits simple assault would not be liable for rioting—a result that we do not believe would be intended by the drafters.

* * *

            The U.S. Attorney’s Office for the District of Columbia looks forward to continuing to work with the Council, the community, and other stakeholders to ensure that our laws are just and equitable.

[1] A Gerstein affidavit, which is sworn to by a law enforcement officer, is a document filed in court setting forth the facts of a cases that provides a basis for the judicial finding of probable cause. A judicial finding of probable cause is required for pretrial detention.

Jun Wei Yeo, also known as Dickson Yeo, was sentenced today in federal court to 14 months in prison.  Yeo pled guilty on July 24, 2020 to acting within the United States as an illegal agent of a foreign power without first notifying the Attorney General, in violation of 18 U.S.C. § 951.  The announcement was made by John G. Demers, Assistant Attorney General; Michael R. Sherwin, Acting United States Attorney for the District of Columbia; James A. Dawson, Acting Assistant Director in Charge of FBI Washington Field Office; Alan E. Kohler, Jr., Assistant Director of the FBI's Counterintelligence Division; and Deputy Assistant Secretary Ricardo Colón, Domestic Operations.

Yeo was sentenced by The Honorable Tanya S. Chutkan of the United States District Court for the District of Columbia.

“At the direction of the Government of the People’s Republic of China, Yeo recruited Americans to provide information that he would pass back to his PRC handlers,” said Assistant Attorney General for National Security John C. Demers.   “Yeo concealed his PRC affiliation from his recruits and, contrary to law, from the United States Government.  This criminal conduct is part of the PRC’s efforts to exploit the openness of American society by using agents who may appear innocuous, but who act upon taskings from a foreign government to obtain access and information.”

“This case serves as a reminder that China is using professional networking social media sites to target U.S. citizens with government security clearances, and to try to gain non-public and classified information.  The threat is real, and we will prosecute foreign agents who exploit those platforms,” said Michael R. Sherwin, Acting United States Attorney for the District of Columbia.

“Today we are reminded yet again of the Chinese government's aggressive attempts to gain knowledge and information about U.S. policy and government," said James A. Dawson, Acting Assistant Director in Charge of the FBI's Washington Field Office. "The FBI’s warning is not new, but the message warrants repeating: the Chinese communist government is working to gain information and access by all means, including recruiting US-based individuals to provide classified and/or sensitive information. There is no doubt that if you are a former clearance holder, you are an ideal and vulnerable target because of your knowledge and access.  If you believe you have been the target of a recruitment scheme, the FBI is here to help. We remain committed to rebuffing the Chinese government’s attempts, and to protecting the American people, our ideas, and our national and economic security interests.”

"Jun Wei Yeo admittedly acted as an illegal agent of a foreign power by using various social media sites, such as a professional networking website and other social networking applications, to recruit Americans with access to sensitive government information. He identified their vulnerabilities, like dissatisfaction with work or financial difficulties, and offered money in exchange for information and written reports,” said Alan E. Kohler Jr., Assistant Director of the FBI’s Counterintelligence Division.  "This is a sobering reminder that the U.S. needs to be clear-eyed about the scope of the Chinese government’s ambition to manipulate Americans for their own nation’s advancement; and, confronting this threat remains the FBI’s top counterintelligence priority."

“The close working relationship between the U.S. Department of State’s Diplomatic Security Service, the FBI, and the U.S. Attorney’s Office resulted in today's sentencing of Mr.Yeo before he could potentially harm the security of our country,” said Deputy Assistant Secretary Ricardo Colón, Domestic Operations, U.S. Department of State’s Diplomatic Security Service. “This was a great success by all of the agencies involved.”

As outlined in the Statement of Offense, Yeo began working with Chinese intelligence officers as early as 2015, initially targeting other Asian countries, but then focusing on the United States.  In response to taskings from his Chinese intelligence contacts, Yeo worked to spot and assess Americans with access to valuable non-public information, including U.S. military and government employees with high-level security clearances.  After Yeo identified American targets, he solicited them for non-public information and paid them to write reports.  Yeo told these American targets that the reports were for clients in Asia, without revealing that they were in fact destined for the Chinese government.

Yeo made use of various social media sites to carry out the taskings given to him by Chinese intelligence operatives.  In 2018, Yeo created a fake consulting company that used the same name as a prominent U.S. consulting firm that conducts public and government relations, and Yeo posted job advertisements under that company name.  Ninety percent of the resumes Yeo received in response were from U.S. military and government personnel with security clearances, and he passed resumes of interest to one of the Chinese intelligence operatives.

Yeo also used a professional networking website that is focused on career and employment information to carry out the taskings he received from Chinese intelligence officials.  Yeo used the professional networking website to find individuals with resumes and job descriptions suggesting that they would have access to valuable information.  After he identified individuals worth targeting, Yeo followed guidance he received from Chinese intelligence operatives regarding how to recruit potential targets, including identifying their vulnerabilities, such as dissatisfaction with work or financial difficulties. 

The investigation into this matter was conducted by the Federal Bureau of Investigation’s Washington Field Office and the U.S. Department of State’s Diplomatic Security Service.  The case is being prosecuted by Assistant U.S. Attorneys Thomas N. Saunders and Erik M. Kenerson of the National Security Section of the U.S. Attorney’s Office for the District of Columbia, along with David Aaron of the Counterintelligence and Export Control Section of the National Security Division of the Department of Justice. If you suspect you have been the target of a recruitment scheme, contact your local FBI Field Office.

WASHINGTON – Jun Wei Yeo, also known as Dickson Yeo, was sentenced today in federal court to 14 months in prison.  Yeo pled guilty on July 24, 2020 to acting within the United States as an illegal agent of a foreign power without first notifying the Attorney General, in violation of 18 U.S.C. § 951.  The announcement was made by John G. Demers, Assistant Attorney General; Michael R. Sherwin, Acting United States Attorney for the District of Columbia; James A. Dawson, Acting Assistant Director in Charge of FBI Washington Field Office; Alan E. Kohler, Jr., Assistant Director of the FBI's Counterintelligence Division; and Deputy Assistant Secretary Ricardo Colón, Domestic Operations Deputy Assistant Secretary Ricardo Colón, Domestic Operations.

            Yeo was sentenced by The Honorable Tanya S. Chutkan of the United States District Court for the District of Columbia.

           “At the direction of the Government of the People’s Republic of China, Yeo recruited Americans to provide information that he would pass back to his PRC handlers,” said Assistant Attorney General for National Security John C. Demers.   “Yeo concealed his PRC affiliation from his recruits and, contrary to law, from the United States Government.  This criminal conduct is part of the PRC’s efforts to exploit the openness of American society by using agents who may appear innocuous, but who act upon taskings from a foreign government to obtain access and information.”

            “This case serves as a reminder that China is using professional networking social media sites to target U.S. citizens with government security clearances, and to try to gain non-public and classified information.  The threat is real, and we will prosecute foreign agents who exploit those platforms,” said Michael R. Sherwin, Acting United States Attorney for the District of Columbia.

            “Today we are reminded yet again of the Chinese government's aggressive attempts to gain knowledge and information about U.S. policy and government," said James A. Dawson, Acting Assistant Director in Charge of the FBI's Washington Field Office. "The FBI’s warning is not new, but the message warrants repeating: the Chinese communist government is working to gain information and access by all means, including recruiting US-based individuals to provide classified and/or sensitive information. There is no doubt that if you are a former clearance holder, you are an ideal and vulnerable target because of your knowledge and access.  If you believe you have been the target of a recruitment scheme, the FBI is here to help. We remain committed to rebuffing the Chinese government’s attempts, and to protecting the American people, our ideas, and our national and economic security interests.”

            "Jun Wei Yeo admittedly acted as an illegal agent of a foreign power by using various social media sites, such as a professional networking website and other social networking applications, to recruit Americans with access to sensitive government information. He identified their vulnerabilities, like dissatisfaction with work or financial difficulties, and offered money in exchange for information and written reports,” said Alan E. Kohler Jr., Assistant Director of the FBI’s Counterintelligence Division.  "This is a sobering reminder that the U.S. needs to be clear-eyed about the scope of the Chinese government’s ambition to manipulate Americans for their own nation’s advancement; and, confronting this threat remains the FBI’s top counterintelligence priority."

            “The close working relationship between the U.S. Department of State’s Diplomatic Security Service, the FBI, and the U.S. Attorney’s Office resulted in today's sentencing of Mr. Yeo before he could potentially harm the security of our country,” said Deputy Assistant Secretary Ricardo Colón, Domestic Operations, U.S. Department of State’s Diplomatic Security Service. “This was a great success by all of the agencies involved.”

            As outlined in the Statement of Offense, Yeo began working with Chinese intelligence officers as early as 2015, initially targeting other Asian countries, but then focusing on the United States.  In response to taskings from his Chinese intelligence contacts, Yeo worked to spot and assess Americans with access to valuable non-public information, including U.S. military and government employees with high-level security clearances.  After Yeo identified American targets, he solicited them for non-public information and paid them to write reports.  Yeo told these American targets that the reports were for clients in Asia, without revealing that they were in fact destined for the Chinese government.

            Yeo made use of various social media sites to carry out the taskings given to him by Chinese intelligence operatives.  In 2018, Yeo created a fake consulting company that used the same name as a prominent U.S. consulting firm that conducts public and government relations, and Yeo posted job advertisements under that company name.  Ninety percent of the resumes Yeo received in response were from U.S. military and government personnel with security clearances, and he passed resumes of interest to one of the Chinese intelligence operatives.

            Yeo also used a professional networking website that is focused on career and employment information to carry out the taskings he received from Chinese intelligence officials.  Yeo used the professional networking website to find individuals with resumes and job descriptions suggesting that they would have access to valuable information.  After he identified individuals worth targeting, Yeo followed guidance he received from Chinese intelligence operatives regarding how to recruit potential targets, including identifying their vulnerabilities, such as dissatisfaction with work or financial difficulties. 

            The investigation into this matter was conducted by the Federal Bureau of Investigation’s Washington Field Office and the U.S. Department of State’s Diplomatic Security Service.  The case is being prosecuted by Assistant U.S. Attorneys Thomas N. Saunders and Erik M. Kenerson of the National Security Section of the U.S. Attorney’s Office for the District of Columbia, along with David Aaron of the Counterintelligence and Export Control Section of the National Security Division of the Department of Justice. If you suspect you have been the target of a recruitment scheme, contact your local FBI Field Office.

A Potomac, Maryland, owner of companies providing food services in government buildings was sentenced to 21 months imprisonment for not paying more than $10 million in employment and sales tax, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and Acting U.S. Attorney Michael R. Sherwin for the District of Columbia.

According to documents and information provided to the court, Steve Choi was the founder, president, and operator of nine companies that provided food services within government buildings located in the D.C. area, including the Department of Justice, the Department of Agriculture, the Department of Energy, the Department of Commerce, NASA, and the Library of Congress, among other locations.

As president and operator of the companies, Choi was responsible for collecting and paying employment taxes to the IRS. Notwithstanding these obligations, and civil collection efforts from the IRS, from 2012 through 2015, Choi collected tax withholdings from his employees’ wages, but did not pay over $4.4 million in employment taxes. During the same period, Choi also did not pay more than $6.2 million in sales taxes to the D.C. Office of Tax and Revenue. Rather than pay the sales and employment taxes, from 2011 through 2015, Choi directed his companies to pay millions of dollars in other expenditures, including over $1 million in personal salary, personal donations, and cash advances.

On Feb. 7, 2020, Choi pleaded guilty to employment tax fraud.

“As an employer, Choi had a legal obligation to pay over the money withheld for taxes on behalf of his employees,” said IRS-Criminal Investigation (CI) Special Agent in Charge Kelly R. Jackson. “CI will continue to investigate those who choose to utilize their companies’ payroll tax withholdings for their personal benefit.”

In addition to the term of imprisonment, U.S. District Judge Ketanji Brown Jackson ordered Choi to serve three years of supervised release and to pay approximately $6,390,182 in restitution to the Office of Tax and Revenue and $4,737,809 in restitution to the United States.

Principal Deputy Assistant Attorney General Zuckerman, Acting U.S. Attorney Sherwin, and IRS-CI Special Agent in Charge Kelly R. Jackson thanked special agents of IRS-CI and Office of Tax and Revenue who investigated the case, and Trial Attorneys Jack Morgan and Eric Schmale of the Tax Division, as well as Assistant U.S. Attorney Veronica Sanchez, who are prosecuting the case.

Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.

WASHINGTON – Wilber Vigil-Benitez, also known as “Solitario,” of El Salvador, was arrested today on an outstanding arrest warrant from the United States District Court for the District of Columbia, announced Michael R. Sherwin, Acting U.S. Attorney for the District of Columbia; John J. Durham, Director, Joint Task Force Vulcan (JTFV); Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division; and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            On August 25, 2020, Vigil-Benitez, 25, of Oxon Hill, Maryland, was charged in the United States District Court for the District of Columbia, in case number 20-cr-170, in a nine-count indictment with conspiring to engage in the illegal trafficking of firearms, engaging in the business of dealing in firearms without a license, and seven counts of possession of a firearm by a person previously convicted of a crime punishable by more than one year.  If convicted of all counts, Vigil-Benitez could face up to 85 years in prison.

            According to the indictment and additional court documents filed by the Government, Vigil-Benitez, who also goes by the gang name “Solitario,” is a leader of the Delicias Locos Salvatruchas Clique de La Mara Salvatrucha, commonly referred to as MS-13, a transnational criminal organization.  From approximately September 2017 through July 2018, Vigil-Benitez led a firearms trafficking conspiracy where, according to the indictment, he obtained firearms from an MS-13 associate and then illegally sold them on the streets of Washington, D.C., for profit.  Vigil-Benitez was prohibited from possessing firearms due to his prior Maryland felony conviction, a firearms offense.  Vigil-Benitez traveled from Maryland into the District of Columbia to sell firearms illegally on at least eight occasions.  In total, Vigil-Benitez sold at least ten firearms, including an assault rifle.

            On October 9, 2020, the Honorable Magistrate Judge G. Michael Harvey held Vigil-Benitez without bond pending a detention hearing on October 14, 2020.  An indictment is a formal accusation of criminal conduct, for the purpose of establishing probable cause, not evidence of guilt.  A defendant is presumed innocent unless proven guilty. 

            “Today’s arrest of a member of a transnational criminal organization represents the successful coordination of multiple federal and local law enforcement partners.” said Acting United States Attorney Michael R. Sherwin. “Our office is committed to disrupting the financial lifeline of criminal organizations such as MS-13 and bringing to justice those individuals who would bring firearms into our jurisdiction and inject fear and violence into our communities.”

            “This case is another example of the strong partnership between the FBI and our local, state and federal partners to identify, investigate and ultimately prosecute members and associates of MS-13," said Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division. "MS-13, known for their violence, is a transnational gang which primarily preys and takes advantage of fellow immigrants from Central America.  The FBI will continue to work collaboratively with our partners to identify, disrupt, and dismantle MS-13 in our communities.”

            “In order to effectively combat the MS-13, we must not only prosecute violent crimes committed by the organization, but also must target its sources of revenue, including illegal firearms trafficking,” stated JTFV Director John J. Durham. “Thanks to the dedicated efforts of the FBI and MPD during this investigation, numerous illegal firearms were seized and an MS-13 leader will face justice.”

            This investigation was carried out in partnership with JTFV.  In August 2019, Attorney General Barr created JTFV to carry out the recommendations of the MS-13 subcommittee formed under the Attorney General’s Transnational Organized Crime Task Force, which was the result of President Trump’s February 2017 Executive Order directing the Departments of Justice, State, and Homeland Security, and the Office of the Director of National Intelligence to coordinate a whole-of-government approach to dismantle transnational criminal organizations, such as MS-13, and restore safety for the American people.  The principal purpose of JTFV is to coordinate and lead the efforts of the Justice Department and U.S. law enforcement agencies against MS-13 in order to dismantle the group.

            This case was investigated by the FBI’s Cross Border Task Force, which is composed of FBI agents from both the Washington Field Office and the Baltimore Field Office, with task force officers from the U.S. Park Police, Prince George’s County Police, Montgomery County Police, and MPD.  The task force works in partnership with the ATF, DEA, USMS, the Department of Homeland Security, Enforcement Removal Operations, and other local, state and federal agencies.  The task force is charged with investigating the most egregious violent gangs and street crews operating between the District of Columbia and Prince George’s and Montgomery Counties, Maryland.  Significant investigative assistance was provided in this case by the MPD’s, Narcotics and Special Investigative Division (NSID).

            This case is being investigated by the FBI and MPD with the assistance of the U.S. Department of Homeland Security, Immigration and Customs Enforcement’s Homeland Security Investigations and Enforcement and Removal Operations.  It is being prosecuted by Assistant U.S. Attorney Kevin L. Rosenberg of the Violent Crime and Narcotics Trafficking Section of the U.S. Attorney’s Office for the District of Columbia, and Assistant U.S. Attorney Nicholas J. Patterson detailed to JTFV.

WASHINGTON – Jasmine Renee Worthy, 54, of Washington, D.C. was sentenced on September 25, 2020 by the Honorable Judge Robert A. Salerno of the Superior Court for the District of Columbia to 60 days incarceration to be followed by five years of supervised release, announced Acting U.S. Attorney Michael R. Sherwin, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Karl Racine, Attorney General for the District of Columbia. Worthy pled guilty in December 2019 to one count of Financial Exploitation of a Vulnerable Adult or Elderly Person and five counts of Theft related to money that she wrongfully obtained from five additional victims. Worthy was also ordered at sentencing to pay a combined restitution amount of $58,465 to victims of the offense.

            According to the factual proffer, over the course of nine months, between 2018 and 2019, Worthy exploited a blind adult woman who had inherited a sum of money from a deceased family member.  Specifically, Worthy’s scheme involved holding herself out as someone who specialized in finding homes for people who had been denied housing in the past, were poor or who had poor or no credit.  Worthy led the victim to believe that she would use the funds provided by the victim to locate a suitable home for the victim and her two minor children to live.  During the course of the scheme, Worthy often went with the victim to the bank to obtain cash from the victim’s account.  Worthy exploited the victim, completely depleting the victim’s bank account of approximately $40,200.  

            From March to April 2019, Worthy obtained $2,400 from another victim who had been denied housing and had been referred to Worthy’s company, Second Chance Housing.  The victim, who was pregnant at the time, met with Worthy, along with her minor child, in a parking lot in Southeast DC.  The victim explained the urgency of her living situation and that she would be homeless if unable to find a place to live.  Worthy took the victim’s money and shortly thereafter stopped communications with her.  As was revealed at sentencing, following the theft of her money, the victim was forced to move with her minor child to a shelter.

            In March 2018, another victim gave Worthy $3,900 for DC housing vouchers and furnishings which Worthy told the victim that she would secure.  After numerous attempts by the victim to either get the defendant to provide the services and merchandise or return the money, Worthy ceased communications with the victim.  Worthy similarly promised another victim that she would locate a home for the victim.  This victim gave Worthy $4,800. Worthy never applied the money to a home or furnishings for the victim and stopped communications after repeated demands by the victim for return of her funds. Another couple in search of an apartment for rent met with Worthy, explained that their credit was bad and gave Worthy $2,665.  The couple was never shown any apartments and Worthy cut off communications with them. 

            The final victim hired Worthy as a property manager for her DC home when the victim had to leave the DC area in order to care for an ill relative who resided out of state.  Worthy convinced the victim that she needed to provide $4,500 to Worthy so that Worthy could have an escrow account set up and held by the Department of Consumer & Regulatory Affairs (DCRA).   No escrow account was established.  Worthy stopped communications with the victim after repeated requests by the victim for return of her funds. 

            At sentencing, the prosecution team appeared remotely due to the ongoing COVID-19 pandemic alongside victims and their families and argued before the court that notwithstanding the ongoing pandemic, the defendant’s actions, lack of remorse, and the significant harm caused to DC residents in need of housing warranted time in prison.

           In announcing the sentence, Acting U.S. Attorney Michael R. Sherwin, and MPD Chief Newsham commended the work of the Metropolitan Police Department Financial and Cyber Crimes Unit, which investigated the case alongside investigators from the Office of the Attorney General. They also cited the efforts of Assistant U.S. Attorney Stephanie G Miller and Special Assistant United States Attorney Jennifer C. Mika, on detail from the Office of the Attorney General to handle financial crimes cases involving elderly victims, who investigated and prosecuted the cases from the U.S. Attorney’s Office for the District of Columbia with support from Paralegal Specialists Sabrina Turner and Chad D. Byron.

            This prosecution is part of the Office’s wider efforts to combat crimes against seniors. In 2018, the U.S. Attorney’s Office for the District of Columbia and the Office of the Attorney General for the District of Columbia simultaneously launched initiatives to address the abuse and exploitation of older adults. The Elder Abuse and Financial Exploitation Initiative at the U.S. Attorney’s Office expanded its response to criminal and civil violations targeting older adults. The initiative has enabled the U.S. Attorney’s Office and the Office of the Attorney General for the District of Columbia to develop and coordinate further the prosecution of these cases and enhance overall support of older or vulnerable victims in the District of Columbia. The team consists of experienced prosecutors and victim advocates from across these two Offices, to include the Superior Court, Criminal, and Civil Divisions, as well as the Victim Witness Assistance Unit. This prosecution is indicative of the continued collaboration between the U.S. Attorney’s Office and the Office of the Attorney General to prosecute cases of this kind.

WASHINGTON – Ronnie Simpkins, 68, of Lusby, Maryland, a former government contract officer with the General Services Administration (GSA), was sentenced to a 21-month prison term on a federal bribery charge stemming from a scheme in which he accepted bribes from government contractors from August 2011 to August 2017.  Simpkins pled guilty to the charge on December 19, 2019.

            The announcement was made by Acting U.S. Attorney Michael R. Sherwin, Robert E. Bornstein, acting Special Agent in Charge, FBI Washington Field Office, Criminal Division, and Eric D. Radwick, Acting Special Agent in Charge, General Services Administration, National Capital Region, Office of Investigations. 

            According to the government’s evidence, from 1989 until May 2019, Simpkins was employed by the General Services Administration (“GSA”) as a Contract Specialist, informally known as a Contracting Officer, in procurement related positions, and between August 2013 and May 2019, he worked as a Contract Specialist assigned to GSA’s headquarters in Washington, D.C.  From February 2010 to August 2017, Simpkins was assigned to a sub-division of the Federal Acquisition Service, which oversees the administration of GSA Schedule 70 contracts. “Schedules” are long-term government-wide contracts with commercial companies that provide access to commercial products and services at fair and reasonable prices to the government. “Schedule 70 contracts” provide IT solutions, services, and software to federal, state, and local customer agencies. GSA pre-negotiates the vendors’ pricing, terms, and conditions, to streamline the acquisition process while at the same time providing the best value to the end user agency.

            According to court papers, Company A, a Northern Virginia corporation, held a GSA Schedule contract, which it actively advertised to prospective federal agency customers.  To maintain its GSA Schedule contract, Company A was required to have annual sales in excess of $25,000—a requirement that could be waived by GSA’s administrative contracting officer.  Company A was also required to pay an Industrial Funding Fee (“IFF”) of 0.75% of all its Schedule sales.  Dating back to 2006, Company A maintained its GSA Schedule contract despite reporting no sales and not paying any IFFs since 2006.  Simpkins oversaw the contract dating back to 2009.

            Simpkins admitted that, for approximately six years between 2011 and 2017, he accepted cash, meals, and furniture from two Company A officials to use his position to help Company maintain its GSA Schedule contract.  Simpkins admitted to meeting the Company A officials over a dozen times at various restaurants in Northern Virginia, the Company A officials’ residences, and other places, often outside of normal GSA business hours and on weekends.  At these meetings, the Company A officials treated Simpkins to meals and gave him cash totaling “thousands of dollars into the teens.”  In July 2016, Simpkins accepted more than $2,000 worth of furniture paid for by the officials.  Simpkins admitted to taking more than $12,000 in cash and furniture from the Company A officials.

            Simpkins admitted to using his GSA position to help Company A in exchange for these payments.  Specifically, Simpkins recommended and signed Company A’s contracts with GSA, even though Company A failed to meet program requirements; deliberately neglected to notify GSA, as he was obligated to do, when Company A’s contract under his supervision no longer met program requirements; and advised Company A about ways to avoid contract cancellation despite failing to meet GSA’s program requirements.

            United States District Judge Trevor N. McFadden, who presided over the case, sentenced Simpkins to 21 months in prison, followed by one year of supervised release.  The Court also imposed a $10,000 fine and ordered Simpkins to forfeit $12,108.91.

            The case was investigated by the FBI’s Washington Field Office Criminal Division and GSA Office of Inspector General and prosecuted by the U.S. Attorney’s Office’s Public Corruption and Civil Rights Section.

WASHINGTON – Kareem Davis, 19, of Washington, D.C. has been arrested and charged via criminal complaint with kidnapping on Tuesday, October 6, 2020.

            The charges were announced by Acting U.S. Attorney Michael R. Sherwin, Robert E. Bornstein, acting Special Agent in Charge of the FBI Washington Field Office’s Criminal Division, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            On September 17, 2020, at approximately 12:50 a.m., Davis approached the victim’s vehicle, which was parked in the 3800 block of 9th Street S.E. in Washington, D.C. Davis entered the vehicle, produced a silver handgun and asked the victim for all of his money. After taking the victim’s wallet, which contained over $200, Davis threatened to kill the victim if he could not give over more money.  The victim, fearing for his life, offered to drive Davis to an ATM. Over the next hour, Davis forced the victim to drive to eight different ATMs in Maryland to procure approximately $1500 for him. Davis then demanded to be driven back to 9th Street S.E. As the victim neared the location on 9th Street S.E. where Davis had entered his car, he put the car in to cruise control and jumped out of the driver’s side door, successfully escaping from Davis. Davis was ultimately identified via surveillance video at several ATMs and two dashboard cameras within the victim’s vehicle. Davis was arrested in Washington, D.C. on Tuesday without incident.

            “Violent crimes, particularly those involving the use of firearms, are one of the highest priorities for the U.S. Attorney’s Office and our law enforcement partners,” said Acting U.S. Attorney Sherwin. “Thorough investigation and coordinated work across departments helped make our community safer today with this arrest.”

            "Today’s charges are another example of the collaboration between the FBI, MPD, and our law enforcement partners on the DC Violent Crime Task Force to quickly take violent criminals off the streets of our city,” said Robert E. Bornstein, Acting Special Agent in Charge of the FBI’s Washington Field Office Criminal Division. “The FBI and our task force partners are committed to bringing justice to those who put our communities’ safety in jeopardy by committing serious crimes like car-jacking and armed robbery.”

            A criminal complaint is merely an allegation, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. 

            This case was investigated by the FBI Washington Field Office’s Violent Crime Task Force, which comprises FBI Agents and Task Force Officers from MPD, the U.S. Marshals Service, the U.S. Capitol Police, the Court Services and Offender Supervision Agency for the District of Columbia, and the Department of Homeland Security Federal Protective Service.

            In announcing the charges, Acting U.S. Attorney Sherwin, acting Special Agent in Charge Bornstein, and Chief Newsham commended the work of those involved in the case. They also acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorney Kimberly Paschall of the Federal Major Crimes Section, Paralegal Specialists Rommel Pachoca and Teesha Tobias, Legal Assistant Kate Abrey, and Victim Advocate Yvonne Bryant.

WASHINGTON – Tricia Steele Boutros, a 41-year-old District of Columbia resident, was sentenced to 30 months’ imprisonment today in federal court in the District of Columbia for spearheading a three-year scheme to defraud financial institutions and account holders of approximately $3.5 million by illegally accessing bank accounts.

            Boutros pled guilty to a criminal information charging her with bank fraud on May 1, 2020.  According to court papers, Boutros frequently used an encrypted internet network, referred to as the “dark web,” that allowed her to conceal her identity and illicitly obtain login information for bank account holders.  Boutros admitted to using the login information to access at least 30 different bank accounts from more than ten different financial institutions.  Boutros admitted to transferring money from those accounts to accounts she controlled personally and through entities she established, including a law firm.  Boutros also wrote fraudulent checks on some of the accounts she illegally accessed.  Court papers state that Boutros made the fraudulent checks payable to herself, to entities she controlled, and to her creditors.  Boutros further admitted that she used stolen identities and counterfeit identification documents to open bank accounts through which she facilitated the transfer of fraud proceeds for her benefit. 

            Court papers state that, in total, Boutros initiated or attempted to initiate at least $3.5 million in fraudulent transactions from the accounts that she illegally accessed.  Some of those transfers were stopped before they were processed or were able to be reversed after the fraud was discovered.  Boutros admitted to obtaining between $1.3 million and $2.2 million as a result of her fraud scheme.

            Boutros was sentenced by the Honorable Amit Mehta of the U.S. District Court for the District of Columbia.  Boutros was ordered to serve 30 months in prison followed by 60 months of supervised release.  The Court will determine the amount of restitution owed, which will be at least $1.3 million, at a later date.

            The Washington Field Office of the Federal Bureau of Investigation investigated the case.  Assistant United States Attorney Elizabeth Aloi of the Fraud and Public Corruption Section is prosecuting the case.  Former Assistant United States Attorneys Denise Simmonds and Anthony Saler also prosecuted the case.

WASHINGTON – Micheal Antonio Smith, 32, of Washington, D.C. has been arrested and charged via criminal complaint with robbing three different Wells Fargo Bank branches on Tuesday, September 29, 2020.

            The charges were announced by Acting U.S. Attorney Michael R. Sherwin, Robert E. Bornstein, acting Special Agent in Charge of the FBI Washington Field Office’s Criminal Division, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).

            Smith robbed the Wells Fargo Bank located at 3200 Pennsylvania Avenue S.E. at approximately 12:18 p.m. At approximately 12:59 p.m., Smith then robbed the Wells Fargo Bank at 609 H Street N.E. Finally, at 2:23 p.m., Smith robbed the Wells Fargo Bank located at 1934 14th Street N.W. Smith was captured on surveillance video in all three banks, and also captured outside a bank after he had removed his hood and mask. Overall, Smith received more than $1,500 from the three robberies.

            FBI agents, with assistance from MPD officers and detectives, were able to identify Smith and track his movements on September 29, 2020, and thereafter. Agents confirmed that Smith had fled Washington, D.C. to Philadelphia after the last robbery and, on October 3, 2020, Smith was arrested in Philadelphia with assistance from the Philadelphia Police Department. Smith will be transported back to Washington, D.C. by the United States Marshals Service to face trial.

            “This investigation is a perfect example of the necessary synergy between law enforcement organizations,” noted Acting U.S. Attorney Sherwin. “Through good policing and coordinated efforts, law enforcement was able to remove a dangerous person from the streets.”  Special Agent in Charge Bornstein further stated “Those intending to rob banks should take heed that the FBI and its local task force partners to include MPD, will take swift actions to identify, seek and arrest those responsible for these acts” said Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division. “This arrest is one of the many examples of the ways the FBI and our partners on the DC Violent Crime Task Force work together to swiftly take violent criminals off the streets before they act again.”

            A criminal complaint is merely an allegation, and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. 

            This matter was investigated by the FBI Washington Field Office’s Violent Crime Task Force which is composed of FBI Special Agents, along with task force officers from the Metropolitan Police Department, the United States Capitol Police, the United States Marshal’s Service, the Court Services and Offender Supervision Agency, and the DHS Federal Protective Service.  The task force is charged with identifying, investigating and removing the most egregious actors engaged in violent crimes within the District of Columbia. Investigative assistance in this matter was provided by the FBI – Philadelphia Field Office. 

            In announcing the charges, Acting U.S. Attorney Sherwin, acting Special Agent in Charge Bornstein, and Chief Newsham commended the work of those involved in the case. They also acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys James B. Nelson and Jeffrey Poulin of the Federal Major Crimes Section, and Paralegal Specialist Teesha Tobias.

WASHINGTON - The Department of Justice today filed a statement of interest in federal district court in Washington, D.C., arguing the Constitution and federal law require the District of Columbia to accommodate Capitol Hill Baptist Church’s effort to hold worship services outdoors, at least to the same extent the District of Columbia allows other forms of outdoor First Amendment activity, such as peaceful protests.

            The statement of interest was filed in Capitol Hill Baptist Church v. Bowser, a case challenging the District of Columbia’s refusal to allow outdoor worship because of the city’s COVID-19 restrictions.  The suit challenges the permit denial under the Free Speech and Free Exercise Clause of the First Amendment, and the Religious Freedom Restoration Act (RFRA).  The suit alleges that while places of worship are limited to 100 people at outdoor worship services, these limits do not apply to, among other things, outdoor protests and rallies accommodating thousands.

            “The right to free exercise of religion and the right to protest are both enshrined in the First Amendment of the Constitution. We are a nation dedicated to freedom of conscience and freedom of expression. The District of Columbia has, unfortunately, neglected these rights,” said Eric Dreiband, Assistant Attorney General for the Civil Rights Division. “The Department of Justice is committed to defending both of these fundamental freedoms and in supporting all Americans' rights to worship as they choose.”

            “One of the most foundational rights protected by the Bill of Rights is the free exercise of religion,” said Acting U.S. Attorney Michael Sherwin for the District of Columbia.  “The Department of Justice is committed to upholding all the civil rights protected under the First Amendment, be it peaceable assembly in protest or practicing faith.”

            Capitol Hill Baptist Church is a church of more than 850 members with a strong religious conviction that it should meet in person as a complete body for worship each Sunday. It therefore sought a permit to hold worship outdoors in excess of the 100-person limit, which the city denied.

            The United States’ brief explains there is no Constitutional or statutory basis for allowing protests and rallies attended by thousands of people, but silencing religious worship.  The brief also explains the city bears a high burden of proof to justify its actions under the First Amendment and RFRA because its actions impose a “substantial burden” on religious exercise, as the church has shown here.

            The statement of interest is part of Attorney General William P. Barr's initiative, announced April 27, directing Assistant Attorney General for Civil Rights, Eric Dreiband, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review governmental policies around the country to ensure that civil liberties are protected during the COVID-19 pandemic.

The Justice Department today filed a statement of interest in federal district court in Washington, D.C., arguing the Constitution and federal law require the District of Columbia to accommodate Capitol Hill Baptist Church’s effort to hold worship services outdoors, at least to the same extent the District of Columbia allows other forms of outdoor First Amendment activity, such as peaceful protests.

The statement of interest was filed in Capitol Hill Baptist Church v. Bowser, a case challenging the District of Columbia’s refusal to allow outdoor worship because of the city’s COVID-19 restrictions. The suit challenges the permit denial under the Free Speech and Free Exercise Clause of the First Amendment, and the Religious Freedom Restoration Act (RFRA). The suit alleges that while places of worship are limited to 100 people at outdoor worship services, these limits do not apply to, among other things, outdoor protests and rallies accommodating thousands.

“The right to free exercise of religion and the right to protest are both enshrined in the First Amendment of the Constitution,” said Eric Dreiband, Assistant Attorney General for the Civil Rights Division. “We are a nation dedicated to freedom of conscience and freedom of expression. The District of Columbia has, unfortunately, neglected these rights. The Justice Department is committed to defending both of these fundamental freedoms and in supporting all Americans rights to worship as they choose.”

“One of the most foundational rights protected by the Bill of Rights is the free exercise of religion,” said Acting U.S. Attorney Michael Sherwin for the District of Columbia. “The Justice Department is committed to upholding all the civil rights protected under the first amendment, be it peaceable assembly in protest or practicing faith.”

Capitol Hill Baptist Church is a church of more than 850 members with a strong religious conviction that it should meet in person as a complete body for worship each Sunday. It therefore sought a permit to hold worship outdoors in excess of the 100-person limit, which the city denied.

The United States’ brief explains there is no constitutional or statutory basis for allowing protests and rallies attended by thousands of people, while at the same time silencing religious worship. The brief also explains the city bears a high burden of proof to justify its actions under the First Amendment and RFRA because its actions impose a “substantial burden” on religious exercise, as the church has shown here.

The statement of interest is part of Attorney General William P. Barr's initiative, announced April 27, directing Assistant Attorney General for Civil Rights, Eric Dreiband, and the U.S. Attorney for the Eastern District of Michigan, Matthew Schneider, to review governmental policies around the country to ensure that civil liberties are protected during the COVID-19 pandemic.

WASHINGTON — Today is the first day of Domestic Violence Awareness Month (DVAM).  First observed in 1987, DVAM is an opportunity to raise public awareness regarding issues relating to domestic violence.  The United States Attorney’s Office for the District of Columbia is deeply involved in addressing domestic violence in our community, as our office handles the prosecution of all domestic violence cases involving adult offenders that occur in the District of Columbia.  This year, we again take this opportunity to reaffirm our commitment to seeking justice for those individuals harmed by domestic violence.  

As part of that commitment, earlier this year, our office launched a new Intimate Partner Violence (IPV) Prevention Initiative.  This initiative is focused on collaborating with community partners to address IPV, as well as further developing our Office’s expertise in prosecuting domestic violence cases.  Assistant United States Attorney Ryan Creighton, a senior prosecutor in the Sex Offense and Domestic Violence Section of our Office, was selected to lead this important Initiative.  Nationally, about 1 in 4 women and 1 in 9 men experience sexual violence, physical violence, and/or stalking by an intimate partner.  According to the American Academy of Child and Adolescent Psychiatry, as many as 10 million children and adolescents witness violence between their parents or caregivers each year, [1] and children who witness domestic violence are also significantly more likely to be victims-survivors of child abuse themselves. 

IPV is just as much of a challenge here in Washington, D.C., and its effects can be devastating and, regrettably, sometimes fatal.  

We must also acknowledge that the global COVID-19 pandemic has created even more challenges for those in our community most vulnerable to abuse, and to domestic violence in particular.  Numerous reports over the last few months have documented an increase in domestic violence in communities nationally and across the globe.  Our city has similarly seen the impact of this insidious form of violence.  And at a time when many victims-survivors may feel trapped at home with their abuser, it is important that they know they are not alone, and that help is available. 

Despite the ongoing health emergency, our Office has worked tirelessly to bring safety and justice to victims-survivors of domestic violence.  For example:

• As part of the Intimate Partner Violence Prevention Initiative, our Office developed flyers, in English and Spanish, with key information about what services are available to victims-survivors of abuse during the pandemic, and how to report abuse safely.  Officers with the Metropolitan Police Department have distributed hundreds of the flyers throughout our community and continue to do so;

• Prosecutors in our Sex Offense and Domestic Violence Section have responded to hundreds of motions seeking early release for those convicted of domestic violence, arguing against release where it is necessary to keep our community safe, with almost uniform success;

• Our Office worked with community partners to establish procedures for conducting remote interviews of children suspected to be victims-survivors of abuse; and

• Our Office is planning several remote events during the month of October to educate the public about domestic violence and to help victims-survivors learn how to break free from the powerful cycle of violence, including a WebEx presentation with the Washington Humane Society on October 29 from 3:00 – 4:15 p.m. on the link between animal cruelty and domestic violence.  Other events focusing on domestic violence include the following:

• October 7, 14, 21, and 28 – Domestic Violence/Bullying Hispanic Youth Presentation (available to students only);
• October 14 and 21 – Women’s Roundtable Series focused on domestic violence (6:00 p.m. on the 14th) and protecting children from abuse and neglect (also at 6;00 p.m. on the 21st);
• October 27 – Hate Bias Task Force Meeting focused on helping victims-survivors of domestic violence during COVID-19 (6:00 p.m.); and
• October 28 – Clergy Ambassador Program event focused on domestic violence (6:00 p.m.).

While this Domestic Violence Awareness Month comes during a uniquely challenging time, it is nevertheless an important reminder of the fact that now, more than ever, we must fight to bring justice to those who have been victimized by domestic violence.

[1] https://www.aacap.org/AACAP/Families_and_Youth/Facts_for_Families/FFF-Guide/Helping-Children-Exposed-to-Domestic-Violence-109.aspx.

WASHINGTON – Janet Olatimbo Akindipe, 62, of Laurel, Maryland, pleaded guilty today in federal court to defrauding the D.C. Medicaid program out of more than a quarter million dollars.

            The announcement was made by Acting U.S. Attorney Michael R. Sherwin; Robert E. Bornstein, Acting 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.

            Akindipe pleaded guilty to health care fraud in U.S. District Court for the District of Columbia. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Akindipe faces a likely recommended sentence of between 18 and 24 months in prison and a fine of up to $75,000.  The Honorable Colleen Kollar-Kotelly took the plea and scheduled sentencing for January 22, 2021.

            Akindipe has worked as a full-time employee for the U.S. Department of Health and Human Services since March 2013. At various times between November 2014 and June 2020, she also was employed by six different home health agencies to serve as a personal care aide for D.C. Medicaid beneficiaries. The home health agencies employed Akindipe to assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, and eating. Akindipe 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.

            Between January 2015 and June 2020, Akindipe caused the D.C. Medicaid Program to issue payments totaling $269,808 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 at the National Institutes of Health. She claimed to work more than twenty hours in a given day on more than 300 occasions. 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, but traveling abroad instead. Akindipe acknowledged paying kickbacks to Medicaid beneficiaries to get them to sign timesheets saying she provided services that she did not actually render.

            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, five former personal care aides have been sentenced in U.S. District Court for defrauding D.C. Medicaid. In June 2020, four additional individuals, including Akindipe, were charged in criminal complaints with health care fraud and health care false statements.

            The government counts on the public for tips and assistance in helping stop health care fraud. If you have information about individuals committing health care fraud, please call the Department of Health and Human Services’ Office of Inspector General hotline at (800) HHS‑TIPS [(800) 447-8477].

            Assistant U.S. Attorney Kondi Kleinman of the Fraud Section is prosecuting the case.