District of Columbia
Press releases recorded for this federal judicial district.
District Man Pleads Guilty to Assaulting Stranger in Her HomeRead the Press Release
WASHINGTON – Iray Turner, 40, of Washington, D.C., pled guilty today to one count of assault with intent to commit first-degree sexual abuse and one count of kidnapping for his assault of a stranger in her home, U.S. Attorney Jessie K. Liu announced.
Turner pled guilty in the Superior Court of the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for a prison sentence between 10 and 12 years. The Honorable Lynn Leibovitz set a hearing for Dec. 1, 2017 to determine whether to accept the plea and sentence. Following his prison term, Turner will be required to register as a sex offender for the rest of his life and faces up to a lifetime of supervised release.
According to the government’s evidence, in the early morning hours of Aug. 24, 2016, the victim arrived at her home in Northeast Washington in an intoxicated state. She does not remember how she got home. The first memory she has is of Turner, a stranger to her, on top of her in her bed, strangling her. She remembers screaming and calling for help. She remembers Turner telling her to be quiet and to calm down. Both of the victim’s neighbors called 911 to report the screams, and the Metropolitan Police Department (MPD) responded to the location.
When MPD officers arrived, they heard a woman screaming for help. They observed house keys hanging from the outdoor lock, and entered the home to locate the victim. Upon entering the home, the officers continued to hear the screams, coming from a bedroom on the second floor. Officers moved upstairs and continued to hear screaming for help. Officers also heard a male voice inside the bedroom, later determined to be the voice of Turner.
Officers pleaded with Turner to open the door, and he refused to do so. Officers urged Turner to allow them to see that the victim was okay. Despite the continued screams, Turner told officers that she was okay. On two occasions, Turner cracked open the bedroom door. However, he refused to allow the victim to exit the bedroom. Officers breached the door and moved in.
When officers entered the bedroom, Turner was sitting on the floor with his back against the door. He was wearing only boxer shorts and socks. The victim was seated on the bed, crying, unclothed from the waist down. She told officers that Turner did not rape her, but that he tried to rape her. Turner was arrested on the scene and has been in custody ever since.
The victim was transported to Washington Hospital Center, where she was examined by a Sexual Assault Nurse Examiner (SANE). The examination identified 49 different injuries on the victim’s body, including multiple abrasions on her face, hemorrhaging to both eyes, bruising all over her body, and red marks to her neck. An expert would have testified at trial that many of those observed injuries were consistent with strangulation, and that the injuries were acute. The expert would also have testified at trial that some of the scratches on the victim’s neck were consistent with defensive injuries that may resulted from the victim scratching her neck while trying to remove Turner’s hands from strangling her on her neck.
In announcing the plea, U.S. Attorney Liu praised the work of detectives from the Metropolitan Police Department’s Sexual Assault Unit, who investigated the case, the officers from the Fifth District of the Metropolitan Police Department who initially responded to the scene, crime scene technicians from the District of Columbia Department of Forensic Sciences, and toxicologists from the District of Columbia Office of the Chief Medical Examiner.
She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists D’Yvonne Key, T.J. McPhail, and Michelle Wicker; Victim/Witness Advocate Tracey Hawkins, and Litigation Technology Specialist Jeanie Latimore-Brown. Finally, she commended Assistant U.S. Attorneys Elana Suttenberg, Jessi Brooks, and Julianne Johnston, who investigated and prosecuted this case.
District Man Sentenced to 40 Years in Prison for 2014 Slaying in Northeast WashingtonRead the Press Release
WASHINGTON – Jonathan Taylor, 26, of Washington, D.C., was sentenced today to 40 years in prison for his role in a shooting that killed one man and wounded another in Northeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Taylor was found guilty by a jury in June 2017 of first-degree murder while armed, assault with intent to kill while armed, and two related firearms offenses. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable José M. Lόpez. Following his prison term, Taylor will be placed on five years of supervised release.
According to the government’s evidence, on Aug. 13, 2014, at approximately 9:30 p.m., Taylor and three unidentified associates drove together in a gold Honda Accord, looking to kill their target, 25-year-old Dexter Motley. They found Mr. Motley standing on a corner near the unit block of 46th Place NE, talking casually to his friends and their neighbors. Taylor and his associates then drove around the block and approached Mr. Motley on foot. One of the four men—the triggerman—walked by Mr. Motley, as if walking leisurely down the sidewalk. The triggerman then pulled out a revolver and fired five shots at close range, including a fatal shot into Mr. Motley’s forehead. Another shot hit one of Mr. Motley’s friends. The friend was able to flee into an alley and survived the attack. The defendants fled. Taylor later was linked to the crime through information tying him to the Honda Accord and other evidence.
In a separate case, Taylor is awaiting trial on second-degree murder while armed and other charges in the July 4, 2015 slaying of Dwayne Dillard. Mr. Dillard, 23, was fatally shot at about 11 p.m. in the 2600 block of Douglass Place SE. Taylor has pled not guilty.
In announcing the sentence, U.S. Attorney Phillips and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department and the U.S. Park Police. They also acknowledged the efforts of those who handled the case at the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michelle Bradford, Magdalena Acevedo, Christian Natiello, and Michael Spence; Paralegal Specialists Lashone Samuels and Debra Joyner; Victim/Witness Services Coordinators M. Laverne Perry and Tanya Via; Victim/Witness Advocate Marcey Rinker; Investigative Analyst Zachary McMenamin; Litigation Technology Specialist Jeanie Latimore-Brown, and Intern Reed Stadler.
Finally, U.S. Attorney Phillips and Chief Newsham commended the work of Assistant U.S. Attorneys Thomas N. Saunders and Jin Park, who prosecuted the case.
District Man Sentenced to 16 1/2-Year Prison Term for Assaulting and Attempting to Rob Three VictimsRead the Press Release
WASHINGTON – Eric Aguilar-Gamez, 20, of Washington, D.C. was sentenced today to 16 ½ years in prison for assaulting and attempting to rob three young victims at gunpoint, as well as a separate gun offense, U.S. Attorney Channing D. Phillips announced.
Gamez was found guilty by a jury in July 2017, following a trial in the Superior Court of the District of Columbia, of three counts of assault with a dangerous weapon, two counts of assault with intent to commit robbery while armed, and five counts of possession of a firearm during a crime of violence. After the trial, Gamez pled guilty to a separate gun offense for unlawful possession of a firearm, which occurred in April of 2016.
In sentencing Gamez, the Honorable Juliet McKenna noted that in just two years, he had been convicted of five separate offenses, three involving firearms. She also cited the young age of the victims in this case and the seriousness of the offense. Following his prison term, Gamez will be placed on five years of supervised release.
According to the government’s evidence at trial, in the early evening of May 19, 2016, two sisters, ages 16 and 12, were walking in Northwest Washington to a store to meet the 16-year-old’s boyfriend, who was 19 years old. While heading to the store, they noticed a group of men, including Gamez, near the tennis courts of the Fort Stevens Recreation Center. Feeling uncomfortable with the fact that people in this group appeared to be staring at her phone, the 16-year-old asked her boyfriend to walk back home with them.
Just as they were turning onto Whittier Place NW, they heard tires screech behind them and saw a black two-door Honda chasing after them. The three ran as fast as they could, nearly making it to the girls’ home, but Gamez jumped out of the front passenger seat, pulling a black handgun from under his seat. Gamez then lifted the gun, pointing it at the three victims and yelling what appeared to be a gang-related threat. The 19-year-old hopped a fence and ran off. Gamez then looked directly at the girls and demanded their belongings. The 16-year-old threw herself between the gun and her sister and refused to comply with Gamez’s demands. The girls’ mother heard her daughters screaming and opened the door of their home, confronting Gamez before he hopped back in the black two-door Honda and drove away.
Gamez was arrested May 22, 2016.
Unfortunately, this wasn’t the last time the 16-year-old saw Gamez. On Nov. 28, 2016, she was in the basement of the courthouse when she saw Gamez seated across from her. She told him how what he had done had affected her sister. In response, he laughed and said he should have pulled the trigger.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney, Troy Griffith, Tamaya Reid, and Sharon Newman. Finally, he commended the work of Assistant U.S. Attorneys Allessandra Stewart, Marisa West, and Ethan Carroll who investigated and prosecuted the cases.
District Man Pleads Guilty to Murder Charge in Slaying of His 81-Year-Old MotherRead the Press Release
WASHINGTON – Derek Cook, 52, of Washington, D.C., pled guilty today to a charge of second-degree murder while armed in the killing last month of his 81-year-old mother, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Cook entered the guilty plea in the Superior Court of the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of 20 years in prison. The Honorable Zoe Bush scheduled sentencing for Dec. 1, 2017.
According to a proffer of facts submitted at today’s hearing, on the night of Aug. 12, 2017, Cook was having a conversation with his mother, Ann Alfredia Cook, in the bedroom of their apartment in the 5000 block of Fourth Street NE. Cook began to repeatedly strike his mother with a closed first, and she yelled for help. Cook also struck his mother repeatedly with a wooden stick and an iron, hitting her on various parts of her face and body. At the time of the beating, his mother was unarmed and in bed.
The Metropolitan Police Department (MPD) arrived at the apartment at about 10:45 p.m., and Cook let them into the apartment building. However, he would not let police into the apartment. To gain entry, the police had to ram down the apartment door. After doing so, the police found Ms. Cook, who was severely injured. She was taken to a hospital, where she died later that night. Derek Cook was arrested and has remained in custody ever since.
In announcing the plea, U.S. Attorney Phillips and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the efforts of Assistant U.S Attorney Thomas N. Saunders, who investigated and prosecuted the matter.
District Man Pleads Guilty to Brazen Bank RobberyRead the Press Release
WASHINGTON – Charles Smoot, 47, of Washington, D.C., has pled guilty to carrying out a broad-daylight robbery of a bank in the Brentwood neighborhood of Northeast Washington, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Smoot pled guilty on Sept. 20, 2017, before the Honorable Amit P. Mehta in the U.S. District Court for the District of Columbia, to one count of bank robbery. Smoot faces a statutory maximum of 20 years in prison. Under federal sentencing guidelines, he faces a likely range of 63 to 78 months in prison and potential financial penalties. He also is subject to an order of restitution and a forfeiture money judgment. Judge Mehta scheduled sentencing for Jan. 19, 2018.
The government’s evidence established that on July 5, 2017, at approximately 9:45 a.m., Smoot entered a TD Bank in the 900 block of Rhode Island Avenue NE and handed two notes to the bank tellers that stated, “No Die pack, No police, All your money.” With a bank full of customers, Smoot threatened the tellers with words to the effect of: “Give me all the money or I’ll kill everyone in here.”
In response, the bank tellers – with their hands raised in fear for their lives – gave Smoot approximately $5,121. Smoot put the money in a black gym bag and walked out of the bank. The bank tellers immediately advised law enforcement of the robbery and members of the FBI’s Violent Crimes Task Force, which includes MPD detectives, responded to the bank.
Law enforcement tracked Smoot to a residence on 60th Street NE, and immediately began conducting surveillance outside of the residence. Although Smoot had changed some of his clothing, he could be seen wearing the same watch and light grey shoes that could be seen on the TD Bank surveillance video. A search warrant was executed at the residence and the black gym bag and pants worn by Smoot in the bank surveillance video were also recovered. Law enforcement also later recovered property taken from the bank from a storm drain in front of the residence.
The bank was processed by crime scene investigators and additional evidence was recovered that ultimately linked Smoot to the bank robbery. Specifically, an expert identified four fingerprints that were left by Smoot on a magazine that was left on the teller’s counter with the notes demanding the money. Additionally, a handwriting expert compared the handwriting on the two demand notes to known handwriting samples authored by Smoot and concluded that Smoot had authored the two notes that were left behind at the scene.
Smoot was arrested on July 7 and has been in custody ever since. At the time of his arrest, Smoot was on supervised release for unlawful possession of a firearm by a person convicted of a crime punishable by imprisonment for a term exceeding one year. Smoot now faces formal revocation of his supervised release and additional incarceration, separate from the above-referenced sentence.
In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Chief Newsham commended the work of the FBI’s Violent Crimes Task Force and MPD officers in the Fifth and Sixth Districts in quickly investigating and arresting Smoot. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Kara Traster, Laura Crane, and Anthony Scarpelli of the Violent Crime and Narcotics Trafficking Section, Special Assistant U.S. Attorney Marina Stevenson, Paralegal Specialists Candace Battle and Rommel Pachoca, and Legal Assistants Kate Abrey and Peter Gaboton.
Owner of Durable Medical Equipment Company Pleads Guilty to Health Care FraudRead the Press Release
WASHINGTON – Emeka H. Chijioke, 40, formerly of Atlanta, Ga., and Nigeria, pled guilty today to a federal charge of health care fraud stemming from a scheme in which he defrauded the District of Columbia’s Medicaid program out of more than $500,000.
The guilty plea was announced by U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.
Chijioke pled guilty in the 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, Chijioke faces a likely range of 24 to 30 months in prison and a fine of up to $95,000. The plea agreement calls for Chijioke to pay $552,343 in restitution to the D.C. Medicaid program and an identical amount in a forfeiture money judgment. The Honorable Senior Judge Paul L. Friedman scheduled sentencing for Dec. 13, 2017.
Chijioke was arrested in December 2016 in Germany and extradited to the United States in April 2017 to face charges in an indictment returned in the District of Columbia.
According to a statement of offense submitted to the Court, Chijioke was the majority owner, registered agent, and chief executive officer of Mead Medical Group, LLC, a durable medical equipment company organized in Maryland. Mead Medical provided medical equipment supplies, including incontinence supplies and garments, to District of Columbia Medicaid recipients.
Beginning in 2007 and continuing through 2012, Chijioke engaged in a scheme to defraud D.C. Medicaid by billing for incontinence supplies that were not provided, as detailed in the statement of offense. Chijioke instructed his office staff to complete doctor prescriptions calling for beneficiaries to receive the maximum amount of incontinence supplies allowed by D.C. Medicaid. At the same time, he had his office staff contact the Medicaid recipients to determine from them the actual amount of incontinence supplies they needed, and to provide them with those supplies. Chijioke hired a billing company to submit claims to the Medicaid contractor as if the maximum amount of supplies were provided to the recipients rather than the actual amount supplied. By arranging for the maximum amount of incontinence supplies to be billed, rather than the amount actually provided, Chijioke obtained approximately $580,000 that he was not entitled to receive from Medicaid.
During the investigation, $28,600 in funds generated through the scheme was administratively forfeited.
In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Special Agent in Charge DiGiulio expressed appreciation for the work performed by Special Agents from the FBI and HHS OIG. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas of the Asset Forfeiture and Money Laundering Section; former Assistant U.S. Attorney Lionel André; Paralegal Specialists Christopher Toms and Jessica Mundi; former Paralegal Specialists Corinne Kleinman and Kaitlyn Kruger, and Litigation Technology Specialist Claudia Gutierrez. Finally, they commended the work of Assistant U.S. Attorneys Virginia Cheatham and Kondi Kleinman, of the Fraud and Public Corruption Section, who are prosecuting the case.
District Man Sentenced to Four Years in Prison for Broad-Daylight Bank RobberyRead the Press Release
WASHINGTON – Marquese Kelsey, 30, of Washington, D.C., was sentenced today to four years in prison for a bank robbery in downtown Washington, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Kelsey pled guilty in June 2017, in the U.S. District Court for the District of Columbia, to one count of bank robbery. He was sentenced by the Honorable James E. Boasberg. Upon completion of his prison term, Kelsey will be placed on three years of supervised release. He also was ordered to pay $1,734 in restitution to the bank and an identical amount in a forfeiture money judgment.
The government’s evidence established that on June 1, 2017, at approximately 3:15 p.m., Kelsey entered a PNC bank in the 800 block of Seventh Street NW and handed a note to a bank teller that stated, “I need you to give me all big bills, no dye packs. I’m carrying a loaded weapon. Any quick movements and someone is going to get hurt!!!”
In response, the bank teller gave Kelsey approximately $1,734. After handing over the money, the bank teller alerted a bank employee that a robbery was occurring, and the bank’s silent alarm was activated. In response, members of the FBI’s Violent Crimes Task Force, which includes MPD detectives, as well as First District MPD officers, responded to the bank.
Based on information given to MPD’s Crime Solvers Tip Line, law enforcement learned that an individual who frequented Franklin Square Park had discussed participating in the bank robbery and was in possession of a large sum of money. Law enforcement also learned that the suspect had been arrested for soliciting an undercover police officer for prostitution services hours after having committed the bank robbery. Based on this information, law enforcement was able to identify the suspect as Kelsey, who matched the bank surveillance video. After soliciting an undercover officer, Kelsey ran from Third District MPD officers and in the process, hid an amount of cash on private property. The owner of the property subsequently alerted law enforcement to the presence of the money. After law enforcement officers retrieved the money, it was determined that at least some of the bills could be traced to the bank robbery.
Kelsey was arrested on June 3, 2017 and has been in custody ever since. At the time of his arrest, Kelsey was on supervised release for attempted robbery and attempted possession with intent to distribute cocaine and had been released from incarceration less than 30 days earlier on those charges. Kelsey now faces formal revocation of his supervised release and additional incarceration, separate from the above-referenced sentence, from the U.S. Parole Commission.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Chief Newsham commended the work of the FBI’s Violent Crimes Task Force and First and Third District MPD officers in quickly investigating and arresting Kelsey. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Christopher Macchiaroli of the Violent Crime and Narcotics Trafficking Section, Paralegal Specialists Candace Battle and Teesha Tobias, and Legal Assistant Latoya Wade.
District Woman Sentenced to 6 ½ Years in Prison for Beating, Maltreating and Abusing 4-Year-Old BoyRead the Press Release
WASHINGTON –Suzette Nicole Allen, 45, of Washington, D.C., was sentenced today to a prison term of six and one half years for beating and maltreating a four-year-old boy who was in her care last summer, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Allen’s son, Timothy Allen, 20, was sentenced in July 2017 to six years and eight months in prison for his role in the crimes. Both defendants pled guilty in April 2017, in the Superior Court of the District of Columbia, to a charge of first-degree cruelty to children. The pleas, which were contingent upon the Court’s approval, called for prison sentences of 18 months to seven years. The Honorable Lynn Leibovitz accepted Suzette Allen’s guilty plea today and sentenced her accordingly. Following completion of her prison term, she will be placed on three years of supervised release; during that time, she is to have no contact with children under 18.
Timothy Allen also will be placed on three years of supervised release following his prison term; during that time, he is to have no contact with children under the age of 18.
According to the government’s evidence, the child’s mother put the boy and his older brother in the care of the Allen family, who she knew, during the summer of 2016. Over the summer, the Allens beat the child with their hands and with drumsticks. The child’s health deteriorated as a result of these beatings, and by early August, he was having trouble walking. Over the next couple of weeks, the boy grew lethargic and his balance faltered. In text messages, the defendants discussed what was happening. Yet they never sought medical attention.
The boy’s mother received the children back from the Allen family on Aug. 16, 2016, immediately recognized that something was wrong, and rushed him to Children’s National Medical Center. He was found to be suffering from multiple brain contusions, two lacerations to his liver, a hemorrhage in his abdominal cavity, two rib fractures, a fractured finger, a missing tooth, patterned scars to his spine, abdomen, chest and inner thighs, and healing injuries to his forehead, eye, nose, jaw, and chest. The boy was kept at the hospital for 17 days and then spent another 55 days in rehabilitation at another facility.
The Metropolitan Police Department (MPD) was alerted by medical professionals and began an investigation that led to the defendants’ arrests last fall. Timothy Allen has been in custody since his arrest. Until today, Suzette Nicole Allen had been free on personal recognizance, with a condition that she have no contact with children under age 18.
In announcing the sentence, U.S. Attorney Phillips and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Child Forensic Interview Specialist Tracy Owusu, Victim/Witness Advocate Veronica Vaughn, and Paralegal Specialist T.J. McPhail. Finally, they commended the work of Assistant U.S. Attorneys Louis Manzo and Melissa Price, who investigated and prosecuted the case.
District Man Sentenced to 26 ½ Years in Prison for Sexually Abusing 17-Year-Old Victim and Committing Two Separate RobberiesRead the Press Release
WASHINGTON – Dominick Simons, 26, of Washington, D.C., was sentenced today to 26 ½ years in prison for three separate crimes against victims he accosted at or near Metro stations within a two-day span, announced U.S. Attorney Channing D. Phillips, Ron Pavlik, Chief of the Metro Transit Police, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Simons pled guilty in March 2017, in the Superior Court of the District of Columbia, to charges of first-degree sexual abuse, robbery, and attempted robbery. The plea, which was contingent upon the Court’s approval, called for a sentence within the range of 22 to 30 years in prison. The Honorable Judith Bartnoff accepted the plea today and sentenced Simons accordingly. Following his prison term, Simons will be placed on 15 years of supervised release. He also must register as a sex offender for the remainder of his life.
According to the government’s evidence, Simons approached a 26-year-old male victim on May 21, 2016, at approximately 4:40 p.m., while both were exiting the L’Enfant Metro station in Southwest Washington. As they approached the 400 block of 7th Street SW, Simons asked the victim whether he knew of anyone interested in buying a gun that the defendant currently had in his possession. The victim answered, “No.” Simons then told the victim that he needed money and did not want to have to shoot the victim. Simons took his right hand and placed it inside of his sweatshirt to suggest that he was reaching for a firearm. The victim said that he did not have any money. Simons then directed the victim to walk to the nearest ATM, which was at a CVS store on 4th Street SW. There, the victim withdrew $100 and gave it to the defendant. Simons also took the victim’s cell phone before separating from the victim.
Two days later, at approximately 3 p.m. on May 23, 2016, Simons approached a 17-year-old male victim while walking into the Bethesda Metro station in Montgomery County, Maryland. As they approached the mezzanine level of the station, Simons asked the victim if he could use the victim’s cellular telephone. The victim said, “Yes.” The victim then gave his phone to the defendant to use, at which point Simons immediately began to walk away.
The victim followed Simons and told him to return the phone. Simons turned towards the victim and told him he was keeping the phone, that he had a “.38,” and that if the victim made any “noise” about the phone, the defendant would “blow [his] [expletive] brains out over the Metro station.” Simons opened his sweatshirt and brandished an object that the victim perceived to be the butt of a handgun. Simons then returned the phone to the victim after learning that the victim was only 17 years old. Simons, however, ordered the minor to board a train traveling to the District. He and the victim exited the train at Friendship Heights and entered the Chevy Chase Pavilion in Northwest Washington. Simons then ordered the victim to enter a bathroom and stand against the wall of a stall, at which point the defendant sexually assaulted him.
After a few moments, the victim told Simons, “No, I have to go. Let me go.” The victim pushed Simons to get out of the stall, at which point the victim patted the area of his jacket where the victim had seen the butt of a handgun. The victim said, “No. I’m done. I have to go. Let me leave.” Simons directed the victim to keep his voice down, but the minor replied, “I’ll scream if you don’t let me go now.” Simons allowed the victim to exit the bathroom.
Simons eventually walked back to the Friendship Heights Metro station, where he boarded a train towards downtown Washington. He exited the train at the Van Ness station. At approximately 5:20 p.m., he approached a 14-year-old boy in the mezzanine level of the train station and told the victim, “I have a gun on me. I don’t want to have to use it. Do you have any money or jewelry on you?” Simons then took his right hand and placed it inside of his sweatshirt to suggest that he was reaching for a firearm. The victim responded, “No.” Simons then asked the victim if he was in possession of a cellular telephone and a fare card. The victim removed his phone and fare card from his pocket and handed it to the defendant. Simons used the card to open the fare gates and left the victim behind. After the victim lost sight of Simons, he went to the station kiosk and reported the incident to a manager.
Simons was ultimately arrested at approximately 7 p.m., at the Gallery Place Metro station, where he admitted that he had the child’s phone in his pocket.
In announcing the sentence, U.S. Attorney Phillips, Chief Pavlik, and Chief Newsham commended the work performed by those who investigated the case from the Metro Transit Police Department’s Criminal Investigations Division and Metropolitan Police Department’s First District. They also acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Angelina Slagle and Victim/Witness Advocate Veronica Vaughan. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Danny Nguyen and L’Shauntee Robertson, who investigated and prosecuted the matter.
Portuguese Engineer Sentenced to 20 Months in Prison for Conspiring to Export Technology to Iran Without Approval from the U.S. GovernmentRead the Press Release
WASHINGTON –Joao Pereira da Fonseca, 55, a citizen of Portugal, was sentenced today to 20 months in prison on a federal charge stemming from a scheme in which he conspired to help an Iranian company unlawfully obtain sophisticated equipment from two companies in the United States.
The announcement was made by Dana J. Boente, Acting Assistant Attorney General for National Security, Channing D. Phillips, U.S. Attorney for the District of Columbia, and David Shaw, Special Agent in Charge of the Department of Homeland Security, Homeland Security Investigations, in San Diego, Calif.
Fonseca, of Coimbra, Portugal, pled guilty on July 17, 2017, to conspiring to unlawfully export goods and technology to Iran and to defraud the United States. He entered the guilty plea before the Honorable Emmet G. Sullivan, on the day his trial was to begin in the U.S. District Court for the District of Columbia. The plea, which was contingent upon the Court’s approval, called for a prison sentence of 20 months. Judge Sullivan accepted the plea and sentenced Fonseca accordingly. Upon completion of his prison term, Fonseca faces deportation proceedings.
“Joao da Fonseca disregarded U.S. law by participating in a scheme to export goods, technology, and services to Iran,” said U.S. Attorney Phillips. “His conviction and prison sentence show there will be serious consequences for those who circumvent and violate laws meant to safeguard the national security, foreign policy and economy of the United States.”
“Today’s sentencing is a result of the great investigative work of our Special Agents in conjunction with other law enforcement and government partners locally and abroad,” said Special Agent in Charge Shaw. “The illegal export of U.S.-origin items to prohibited countries is harmful to U.S. national security and will not be tolerated. HSI will continue to aggressively pursue those that seek to violate these laws and jeopardize our safety.”
At the time he entered his guilty plea, Fonseca admitted to taking part in the scheme between October 2014 and April 2016. One of the companies in the United States manufactures machines that help produce sophisticated optical lenses that have both commercial and military uses. The other company manufactures machinery that tests components of inertial guidance systems that have both commercial and military uses. Fonseca was a contractor for a Portuguese engineering company that served as a front company to purchase the machines on behalf of their Iranian client. The Portuguese company claimed that it was purchasing the machines for its own use, but planned to have the machines shipped to Iran. Fonseca is a mechanical engineer whose role in the conspiracy was to travel to the U.S. to approve the machinery and learn how to install and maintain the machinery once it was shipped to its final destination in Iran.
Due to the investigation conducted by a Special Agent from Homeland Security Investigations, the government prevented both machines from leaving the U.S. Fonseca traveled to the United States to receive training on how to use the optical lens equipment in October 2015. He returned to the United States in late March 2016 to be trained on how to use the inertial guidance system equipment at the company that manufactures it. When Fonseca was returning to Portugal in early April 2016, he was detained for violating certain immigration laws. Soon thereafter, Homeland Security Agents had gathered sufficient evidence that he had also violated U.S. export laws and criminal charges were brought against him. He has been in custody ever since.
In announcing the sentence, Acting Assistant Attorney General Boente, U.S. Attorney Phillips, and Special Agent in Charge Shaw expressed appreciation for the work of those who investigated the case from the Department of Homeland Security, Homeland Security Investigations. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Elena Buruncenco and Jorge Casillas; Litigation Technology Specialist Anisha Bhatia; former Litigation Technology Specialist Aneela Bhatia; Legal Assistant Matthew Ruggierio, and Summer Law Clerks Tessa Tilton, Michael Collins, Jessie Michelin, James Murray, Alison Perry, Anthony Ricci, Jared Schwalb and Elizabeth Ulan.
Finally, they commended the work of the attorneys who investigated and prosecuted the case, including Assistant U.S. Attorneys Frederick W. Yette, Erik Kenerson and Thomas Swanton, of the U.S. Attorney’s Office for the District of Columbia and Trial Attorneys Robert E. Wallace and Amy Larson of the National Security Division’s Counterintelligence and Export Control Section.
Taxicab Driver Pleads Guilty to Felony Charges for Sexually Assaulting PassengerRead the Press Release
WASHINGTON – Yared Mekonnen, a taxicab driver from Silver Spring, Md., pled guilty today to sexually assaulting a passenger he picked up last spring in the U Street area of Northwest Washington, U.S. Attorney Channing D. Phillips announced.
Mekonnen, 24, pled guilty in the Superior Court of the District of Columbia to charges of second-degree sexual abuse and attempted kidnapping. The Honorable Hiram E. Puig-Lugo scheduled sentencing for Dec. 1, 2017. Under the Court’s Voluntary Sentencing Guidelines, Mekonnen faces a likely sentence of between 42 and 108 months. Following his prison term, Mekonnen will be required to register as a sex offender for the rest of his life.
According to the government’s evidence, in the early morning hours of May 28, 2017, Mekonnen was driving his taxicab and picked up the victim and her boyfriend in the vicinity of U Street NW. Both the victim and her boyfriend were intoxicated. At some point, the boyfriend exited the taxicab. Once Mekonnen was alone in the taxicab with the victim, he sexually assaulted her. She tried to get out of the taxicab, but he prevented it. She screamed as he continued driving. There was a struggle, and while attempting to convince the victim not to call for help, Mekonnen grabbed her cellphone and it fell out of the window.
Finally, another driver pulled in front of the taxicab, forcing it to stop in the 4900 block of 16th Street NW. Shortly afterward, officers with the Metropolitan Police Department (MPD) arrived on the scene and Mekonnen was arrested. He has been in custody ever since.
In announcing the plea, U.S. Attorney Phillips commended the work of the Metropolitan Police Department, including the Sexual Assault Unit, which investigated the case. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist T.J. McPhail and Victim/Witness Advocate Tracey Hawkins. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Stuart D. Allen and Caroline Burrell, who investigated and prosecuted the case.
Pacific Architects and Engineers, LLC to Pay $5 Million in False Claims Act SettlementRead the Press Release
WASHINGTON - Pacific Architects and Engineers, LLC (“PAE”) has agreed to pay the United States $5 million to resolve allegations that it knowingly failed to follow vetting requirements for personnel working in Afghanistan under a State Department contract for labor services. PAE is a Virginia-based contractor that provides personnel and other support to various federal government agencies.
The settlement was announced today by U.S. Attorney Channing D. Phillips and Steve A. Linick, Inspector General for the U.S. Department of State.
The agreement resolves claims relating to PAE’s Civilian Police “CIVPOL” contract in support of State Department missions in Afghanistan, Haiti, Lebanon, Liberia, South Sudan, and elsewhere. In 2007, the State Department awarded PAE a task order under the CIVPOL contract to provide training and mentoring personnel to counter-narcotics and drug interdiction police and investigators in Afghanistan. The task order required PAE to conduct extensive background checks on U.S. personnel that were in high risk or armed positions, including independently developed reference checks. For local, national, and third party national employees working on the task order, PAE was obligated to submit their names to the State Department’s Regional Security Office in Afghanistan for additional security clearance. According to the government’s evidence, PAE was aware of these contractual requirements but did not comply with them for extended periods. The United States asserts that invoices PAE submitted to the State Department for the labor services of improperly vetted personnel were false.
“This settlement affirms our commitment to hold government contractors accountable for properly screening employees, particularly those who work alongside our government’s personnel in fragile areas of the world,” said U.S. Attorney Phillips. “In this particular matter, it is alleged that PAE failed to conduct the appropriate vetting for personnel working in Afghanistan under a State Department contract for labor services for which invoices were later submitted. Our Office will continue to investigate and seek appropriate recoveries from contractors who do not meet their obligations.”
“The OIG special agents and staff assigned to this case should be commended for their excellent investigative work,” said Inspector General Linick. “Rooting out waste, fraud, and abuse is at the heart of any OIG mission, as is ensuring that contractors are accountable for every taxpayer dollar they receive.”
The settlement also resolves a lawsuit filed in the U.S. District Court for the District of Columbia by former PAE manager Robert J. Palombo under the qui tam, or whistleblower provisions, of the False Claims Act. Under the False Claims Act, private citizens may bring suit on behalf of the United States and share in any recovery obtained by the government. Mr. Palombo will receive $875,000 as his share of the government’s recovery. The case is captioned United States ex rel. Robert J. Palombo v. PAE, Inc., et al.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
This settlement was the result of an investigation into Mr. Palombo’s allegations by the United States Attorney’s Office for the District of Columbia and the Department of State, Office of Inspector General.
District Man Pleads Guilty to First-Degree Felony Murder in Christmas Day Slaying of Tricia McCauleyRead the Press Release
WASHINGTON – Duane Johnson, also known as Adrian Duane Johnson, pled guilty today to a charge of first-degree felony murder in the Christmas day slaying last year of Tricia McCauley, a stranger who he also sexually assaulted, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department.
Johnson, 30, formerly of Washington, D.C., pled guilty in the Superior Court of the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of 30 years in prison. The Honorable Hiram E. Puig-Lugo scheduled sentencing for Nov. 17, 2017. Following his prison term, Johnson will be placed on a period of supervised release and he will be required to register as a sex offender for the rest of his life.
According to a proffer of facts submitted at the plea hearing, on Dec. 25, 2016, at about 5:30 p.m., Ms. McCauley, 46, left her home in the 2000 block of North Capitol Street NW and got into her two-door Toyota Scion to drive to a holiday party at a friend’s home in Washington, D.C. On the drive to her friend’s home, Ms. McCauley encountered Johnson. He entered her vehicle and, shortly thereafter, sexually assaulted her. He attempted to restrain her and she attempted to fight him off by kicking and punching him. During this struggle, Ms. McCauley’s clothing was ripped and she suffered a fractured nose. Johnson, meanwhile, took the scarf that Ms. McCauley was wearing and used it as a ligature, tightening it around her neck muscles and causing her death. After Ms. McCauley died, Johnson took her body and put it in the back seat.
Ms. McCauley was reported missing and a widespread search was launched to find her. The following night, Dec. 26, 2016, at about 11:20 p.m., Ms. McCauley’s car was discovered, found parked in front of a pharmacy in the 2200 block of M Street NW. Officers with the Metropolitan Police Department (MPD) went inside the store and found Johnson. He had the key to Ms. McCauley’s car in his pocket. A check of the car led to the discovery of Ms. McCauley’s body. Johnson was arrested and has remained in custody ever since. In a search, police recovered several of Ms. McCauley’s credit cards in Johnson’s pocket.
In announcing the plea, U.S. Attorney Phillips and Chief Newsham commended the work of the officers, detectives and others from the Metropolitan Police Department who investigated the case. They also expressed appreciation for the assistance provided by the U.S. Park Police and the FBI’s Cellular Analysis Survey Team, and the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Sharon Donovan; Paralegal Specialists Sharon Newman and Lornce Applewhite; Victim/Witness Advocate Jennifer Clark, and Litigation Technology Specialist William Henderson. Finally, they commended the work of Assistant U.S. Attorney David Misler, who investigated and prosecuted the case.
District Man Pleads Guilty to Sexually Assaulting WomanRead the Press Release
WASHINGTON – Michael Williams, 24, of Washington, D.C., has pled guilty to a charge of third-degree sexual abuse for groping a stranger after knocking her to the sidewalk in downtown Washington, announced U.S. Attorney Channing D. Phillips.
The victim was eight months pregnant at the time. Fortunately, both the victim and her baby sustained no serious injuries.
Williams pled guilty on Sept. 8, 2017, in the Superior Court of the District of Columbia. The Honorable Zoe Bush scheduled sentencing for Nov. 17, 2017. Once released from prison, Williams will be placed on a period of supervised release. He also will be required to register as a sex offender for a 10-year period.
According to the government’s evidence, on May 5, 2017, at about 3:30 p.m., Williams approached the victim just outside the U.S. Tax Court in the 400 block of 3rd Street NW. He was stark naked. When the victim saw Williams approaching, she tried to flee, but Williams caught her, grabbed her, and tackled her to the sidewalk, where he groped her. A guard inside the Tax Court saw the assault and ran outside to try to intervene, but Williams fled. By happenstance, a homicide detective with the Metropolitan Police Department (MPD) was driving by and saw a naked man running up 3rd Street. He jumped out of his car, pursued, caught and arrested Williams. Williams has been in custody since his arrest.
In announcing the plea, U.S. Attorney Phillips praised the quick action of the homicide detective and the security officers at the U.S. Tax Court who helped pursue the defendant. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Brenda C. Williams and Victim/Witness Advocate Juanita Harris. Finally, U.S. Attorney Phillips commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
Pennsylvania Man Sentenced to Five Years in Prison for Distributing Child PornographyRead the Press Release
WASHINGTON – Brian Hess, of Hustontown, Pa., has been sentenced to five years in prison for distributing child pornography, U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD), announced.
Hess pled guilty in April 2017 in the U.S. District Court for the District of Columbia. He was sentenced on Sept. 6, 2017, by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Hess will be placed on 10 years of supervised release. He will also be required to register as a sex offender for 15 years following his release from prison.
According to the government’s evidence, from Sept. 28, 2016 through Oct. 4, 2016, Hess communicated online with a man he believed was a child sex offender with an under-aged daughter. Hess communicated with the man over the course of several days and distributed to the man numerous images of child pornography, claiming that some of the images he sent were images of his own under-aged daughter. Unbeknownst to Hess, the man he was communicating with was an undercover detective working as part of a task force.
Law enforcement subsequently confirmed with the National Center for Missing and Exploited Children that the child Hess purported to be his daughter in the images was actually another victim of child exploitation who had previously been identified by the center as part of another, unrelated case. At the time of his arrest in November 2016, Hess also was found to be in possession of hundreds of additional images of child pornography. Hess has been in custody since he entered his guilty plea in the case.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Chief Newsham commended the work of those who investigated the case from the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD’s Youth Investigations Division. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Michelle Wicker. Finally, they commended the work of Assistant U.S. Attorney Andrea L. Hertzfeld, who prosecuted the case.
U.S. Attorney's Office Concludes Investigation into Fatal Shooting in Northeast WashingtonRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against an officer from the Metropolitan Police Department (MPD) who was involved in the fatal shooting on Dec. 25, 2016, of Gerald Hall in Northeast Washington.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident. This included interviews of civilian and law enforcement witnesses; physical evidence recovered on the scene, including three knives; body-worn camera footage; recorded audio transmissions; autopsy, toxicology, and DNA reports; and MPD and District of Columbia Department of Forensic Sciences reports, diagrams, and photographs.
According to the evidence, the events unfolded in this manner:
On Dec. 25, 2016, at approximately 10:30 a.m., Mr. Hall was in the home of his girlfriend in the 3200 block of Walnut Street NE, when they started to argue and she told him to leave. When his girlfriend walked away, Mr. Hall turned on all of the burners on the stove and set fire to a paper towel. Shortly after 11 a.m., a 911 caller requested that police go to the house because “my neighbor’s getting beat up over there” and that she was “screaming for help.” The MPD officer and his partner arrived moments later. Mr. Hall’s girlfriend, who had no visible injuries, told police that a physical fight had not occurred and that she had called her sister and would leave with her. The MPD officer and his partner left the scene.
When the sister arrived, the two women attempted to get into the house, but Mr. Hall pushed on the door to keep it closed. When the women were finally able to get in, Mr. Hall was holding a large knife with a grey handle and he started walking towards his girlfriend’s sister, who then picked up a large knife with a black handle to defend herself. The girlfriend stepped in between the two and started tussling with Mr. Hall so that the sister could get out of the house.
As the sister left the house, Mr. Hall locked the door behind her. He then slammed down the knife with the grey handle, breaking the tip, and picked up a large carving knife with a brown handle. Immediately after being locked out, the sister dropped the knife she was holding on the landing outside the door, and called 911 at 11:22 a.m. and stated that, “my sister is locked in the house. Her boyfriend is crazy. He got a knife. He turned on the gas and I’m locked out.” At the same time, a neighbor also called 911 and reported that, “he is beating her up!” The neighbor’s son went over to the house just as Mr. Hall’s girlfriend opened the door and dropped the knife with the grey handle onto the landing.
The dispatcher sent the MPD officer and his partner back to the residence “Code 1” (lights and sirens) for the “man with a knife,” and they arrived less than five minutes later. Both officers had already activated their body-worn cameras while driving to the scene, and they kept them on throughout the duration of the incident. When the officers walked up the stairs, there were already two large knives on the landing – the one with the grey handle, once held by Mr. Hall, and the one with the black handle, once held by the girlfriend’s sister. The neighbor’s son, who was leaving the house, told the officer that Mr. Hall “got a knife on him.” The MPD officer looked through the door and saw Mr. Hall standing near his girlfriend, holding a large knife. The officer ordered Mr. Hall to “put the knife down, put the knife down, put the knife down!” as the girlfriend moved quickly towards the door saying, “he’s all right, he’s all right.” Mr. Hall then pushed his girlfriend out of the door and closed it. As the girlfriend sat down on the door stoop, a large cut was visible on her arm.
The officers yelled for the girlfriend and the neighbor to get out, and get off the door stoop. As the girlfriend stood up with her back towards the door, the door suddenly opened and Mr. Hall stood in the threshold behind her with the large knife in his right hand. The officer immediately fired his weapon four times and Mr. Hall fell to the floor just inside the door. From the time that the MPD officer first started going up the stairs until the time that Mr. Hall fell to the floor after being shot, 35 seconds elapsed.
Mr. Hall, 29, was transported to MedStar Washington Hospital Center, where he was later pronounced dead. The Office of the Chief Medical Examiner for the District of Columbia determined that Mr. Hall was shot four times, including twice in the chest.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officer used excessive force under the circumstances. To the contrary, there is sufficient evidence that the officer was acting in self-defense and defense of others at the time of the shooting.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
Former Financial Advisor Sentenced to 33 Months in Prison for Stealing More Than $1 Million from ClientsRead the Press Release
WASHINGTON – A former financial advisor, who provided services and investment advice to current and former professional athletes, was sentenced today to 33 months in prison for stealing more than $1 million from his clients, announced U.S. Attorney Channing D. Phillips and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office.
Brian J. Ourand, 56, now of Chicago, admitted stealing from four athletes, including boxing champion Mike Tyson and former National Basketball Association All-Star Glen Rice. At the time of the offense, Ourand was an executive for a Washington, D.C.-based company.
Ourand pled guilty in February 2017 to a charge of wire fraud in the U.S. District Court for the District of Columbia. In addition to the prison term, the Honorable Tanya S. Chutkan ordered Ourand to pay $1,002,390 in restitution and an identical amount as a forfeiture money judgment. Following his prison term, Ourand will be placed on three years of supervised release. During that time, the judge ordered, he must provide financial disclosure statements and perform 100 hours of community service.
“Brian Ourand’s greed came at a cost to the people who trusted him with their money,” said U.S. Attorney Phillips. “Instead of wisely managing his clients’ funds, as he had promised to do, he used the money for hotels, health care memberships, rental cars and other personal expenses. Today’s sentence holds him accountable for his larcenous acts.”
“Brian Ourand concocted a series of lies with one goal in mind – to enrich himself and others by stealing approximately $1 million and deceiving those who put their trust in him,” said Assistant Director in Charge Vale. “Financial fraud is and continues to be, a high priority for the FBI and we will continue to work closely with our partners to bring these white-collar criminals to justice”
In his plea, Ourand admitted that he embezzled the funds through various means, including numerous fraudulent checks that he made payable in his own name and to cash, which he later deposited into his personal accounts. Ourand also admitted to stealing his clients’ money for the benefit of others, including his girlfriend and another individual identified in court documents as “Person B.” In one such instance, Ourand obtained a cashier’s check using funds from the bank account of Mr. Rice in the amount of $10,000 in order to pay the registration fee of “Person B” to participate in the 2009 World Series of Poker tournament in Las Vegas. Ourand also used client funds to send numerous wire transfers to his girlfriend and “Person B” via Western Union, at least some of which money was used to pay off Ourand’s gambling debts.
According to a statement of offense submitted as part of the plea, the criminal activities began as early as 2006 and continued through July 2011. Ourand’s employer, identified in court documents as “Company A,” terminated his employment in August of 2011, after the scheme was uncovered. The company reimbursed the athletes for their losses.
In his work for the firm, Ourand and the company provided advisory and financial management services to high net-worth individuals, most of whom were current or former professional athletes. For example, Ourand and the company paid invoices and bills, coordinated tax preparation, and provided estate planning on behalf of clients. In that capacity, Ourand managed his clients’ personal and business bank accounts and credit cards, among other financial-related services.
The criminal charges involved Ourand’s work for Mr. Tyson, Mr. Rice, and two other athletes, identified in court documents as “Athlete C” and “Athlete D.” As part of the plea agreement, Ourand agreed that he abused a position of trust in committing the offense.
According to the statement of offense, Ourand deposited nearly 100 checks, drawn on the accounts of the four athletes, into a personal bank account, even though he was not authorized to do so. He also initiated numerous wire transfers, drawn on the bank accounts of Mr. Tyson, Mr. Rice and “Athlete C,” for which he had no authorization. As part of his scheme, Ourand also made numerous unauthorized ATM withdrawals and debit card transactions using funds belonging to Mr. Tyson, and obtained credit cards in his own name on the accounts of Mr. Rice and a foundation formed by “Athlete C,” which Ourand used to make unauthorized purchases.
Ourand sought to conceal his activities by generating documentation falsely claiming the money was used for business-related or otherwise authorized expenses, such as “personal expenses” for the client. His actions caused $546,168 in losses for Mr. Rice; $265,124 for Mr. Tyson; $182,957 for “Athlete C,” and $8,141 for “Athlete D.”
According to the government’s evidence, Ourand used the money for personal expenses, including to pay ordinary, everyday costs such as groceries and gas stations and to cover more expensive purchases, such as stays at high-end hotels, rental cars, health club membership fees, department store purchases, golf course fees, tanning salons, and fancy restaurants.
The Securities and Exchange Commission previously announced charges against Ourand, who was later found to have misappropriated funds from client accounts in violation of securities laws. Ourand has been ordered to pay disgorgement of $671,367 plus prejudgment interest and a $300,000 penalty, and he was barred from the securities industry.
In announcing the sentence, U.S. Attorney Phillips and Assistant Director in Charge Vale commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office for the District of Columbia, including Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section; Special Assistant U.S. Attorney Vesna Harasic-Yaksic, also of the Asset Forfeiture and Money Laundering Section; Supervisory Paralegal Specialist Tasha Harris; and former Paralegal Specialists Heather Sales and Angela Lawrence.
Finally, they commended the work of Special Assistant U.S. Attorney David A. Last and Assistant U.S. Attorney Peter C. Lallas, who prosecuted the case.
Novo Nordisk Agrees to Pay $58 Million for Failure to Comply with FDA-Mandated Risk ProgramRead the Press Release
WASHINGTON – Pharmaceutical Manufacturer Novo Nordisk Inc. will pay $58.65 million to resolve allegations that the company failed to comply with the FDA-mandated Risk Evaluation and Mitigation Strategy (REMS) for its Type II diabetes medication Victoza, the Justice Department announced today. The resolution includes disgorgement of $12.15 million for alleged violations of the Federal Food, Drug, and Cosmetic Act (FDCA) from 2010 to 2012 and a payment of $46.5 million for alleged violations of the False Claims Act (FCA) from 2010 to 2014. Novo Nordisk is a subsidiary of Novo Nordisk U.S. Holdings Inc., which is a subsidiary of Novo Nordisk A/S of Denmark. Novo Nordisk’s U.S. headquarters is in Plainsboro, New Jersey.
“Today’s resolution demonstrates the Department of Justice’s continued commitment to ensuring that drug manufacturers comply with the law,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “When a drug manufacturer fails to share accurate risk information with doctors and patients, it deprives physicians of information vital to medical decision-making.”
“Novo Nordisk’s actions unnecessarily put vulnerable patients at risk,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “We are committed to holding companies accountable for violating the integrity of the FDA’s efforts to ensure that doctors and patients have accurate information that allows them to make appropriate decisions about which drugs to use in their care. Working with the FDA and other law enforcement partners, we have sent a strong signal to the drug industry today.”
In a civil complaint filed today in the U.S. District Court for the District of Columbia asserting claims under the FDCA, the government alleged that, at the time of Victoza’s approval in 2010, the Food and Drug Administration (FDA) required a REMS to mitigate the potential risk in humans of a rare form of cancer called Medullary Thyroid Carcinoma (MTC) associated with the drug. The REMS required Novo Nordisk to provide information regarding Victoza’s potential risk of MTC to physicians. A manufacturer that fails to comply with the requirements of the REMS, including requirements to communicate accurate risk information, renders the drug misbranded under the law.
As alleged in the complaint, some Novo Nordisk sales representatives gave information to physicians that created the false or misleading impression that the Victoza REMS-required message was erroneous, irrelevant, or unimportant. The complaint further alleges that Novo Nordisk failed to comply with the REMS by creating the false or misleading impression about the Victoza REMS-required risk message that violated provisions of the FDCA and led some physicians to be unaware of the potential risks when prescribing Victoza.
As alleged in the government’s complaint, after a survey in 2011 showed that half of primary care doctors polled were unaware of the potential risk of MTC associated with the drug, the FDA required a modification to the REMS to increase awareness of the potential risk. Rather than appropriately implementing the modification, the complaint alleges that Novo Nordisk instructed its sales force to provide statements to doctors that obscured the risk information and failed to comply with the REMS modification. Novo Nordisk has agreed to disgorge $12.15 million in profits derived from its unlawful conduct in violation of the FDCA.
“Novo Nordisk Inc. sales representatives misled physicians by failing to accurately disclose a potential life threatening side effect of a prescription drug, and needlessly increased risks to patients being treated with this drug,” said Assistant Director in Charge Andrew W. Vale of the FBI’s Washington Field Office. “The FBI is committed to ensuring that the private industry provides honest and accurate risk information to the public and will continue to work closely with our law enforcement partners to investigate companies who do not comply with FDA-mandated policies.”
“We need to trust that pharmaceutical companies truthfully represent their products’ potential risks,” said Special Agent in Charge Nick DiGiulio for the U.S. Department of Health and Human Services Office of the Inspector General (HHS-OIG). “We will continue to work with our partners to ensure federal health care dollars are spent only on drugs that are marketed honestly.”
Novo Nordisk will pay an additional $46.5 million to the federal government and the states to resolve claims under the FCA and state false claims acts. This portion of the settlement resolves allegations that Novo Nordisk caused the submission of false claims from 2010 to 2014 to federal health care programs for Victoza by arming its sales force with messages that could create a false or misleading impression with physicians that the Victoza REMS-required message about the potential risk of MTC associated with Victoza was erroneous, irrelevant, or unimportant and by encouraging the sale to and use of Victoza by adult patients who did not have Type II diabetes. The Food and Drug Administration (FDA) has not approved Victoza as safe and effective for use by adult patients who do not have Type II diabetes.
As a result of today’s FCA settlement, the federal government will receive $43,129,026 and state Medicaid programs will receive $3,320,963. The Medicaid program is funded jointly by the state and federal governments.
The FCA settlement resolves seven lawsuits filed under the whistleblower provision of the federal FCA, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuits are captioned as follows: United States, et al. ex rel. Kennedy, v. Novo A/S, et al., No. 13-cv-01529 (D.D.C.), United States, et al. ex rel. Dastous, et al. v. Novo Nordisk, No. 11-cv-01662 (D.D.C), United States, et al., ex rel. Ferrara and Kelling v Novo Nordisk, Inc., et al., No. 1:11-cv-00074 (D.D.C.), United States, et al., ex rel. Myers v. Novo Nordisk, Inc., No. 11-cv-1596 (D.D.C.), United States, et al. ex rel Stepe v. Novo Nordisk, Inc., No. 13-cv-221 (D.D.C.), United States et al. ex rel Doe, et al. v. Novo Nordisk, Inc., et al., No. 1:17-00791 (D.D.C.), and United States ex rel. Smith, et al. v. Novo Nordisk, Inc., Civ. Action No. 16-1605 (D.D.C.). The amount to be recovered by the private parties has not been determined.
The settlements were the result of a coordinated effort among the U.S. Attorney’s Office for the District of Columbia and the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel. The investigation was conducted by the FDA’s Office of Criminal Investigations, the FBI, HHS-OIG, the Defense Criminal Investigative Service and the Office of Personnel Management, Office of the Inspector General.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information on the Commercial Litigation Branch’s Fraud Section, visit https://www.justice.gov/civil/fraud-section. For more information about the U.S. Attorney’s Office for the District of Columbia, visit https://www.justice.gov/usao-dc.
Business Owner Arraigned Following Indictment on Fraud, Perjury and Election-Related OffensesRead the Press Release
WASHINGTON – Keith D. Forney, 58, of Clinton, Md., was arraigned today on charges of engaging in corrupt election practices, second-degree fraud, perjury, making campaign contributions in excess of legal limits, and making campaign contributions through other persons, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Kimberly Lappin, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington D.C. Field Office.
Forney pled not guilty in the Superior Court of the District of Columbia and remains free on personal recognizance. He also recently pled not guilty at his arraignments in the U.S. District Court for the District of Columbia on federal charges in two indictments returned against him there. In the federal cases, Forney is accused of participating in a contract fraud scheme against the Maryland Administrative Office of the Courts and filing fraudulent federal tax returns.
In the Superior Court case, Forney was indicted on Aug. 16, 2017, on two counts of engaging in corrupt election practices; three counts of second-degree fraud; two counts of perjury, three counts of exceeding campaign contribution limitations, and eight counts of making campaign contributions through other persons.
According to the Superior Court indictment, Forney claimed for years that a rental property he owned in the District of Columbia was his sole primary residence, when he actually was residing in Clinton, Md. Forney also filed federal and District of Columbia tax returns using the D.C. address. Additionally, he obtained a District of Columbia driver’s license and registered as a D.C. voter while having a license and being registered to vote in Maryland. By documenting that he resided in the District of Columbia, Forney’s construction business, Forney Enterprises, Inc., (FEI) could qualify as a resident owned business in the District of Columbia and receive preferences in bidding on District of Columbia government contracts. The company got those designations in 2006, 2008, 2010, 2012, 2014 and 2016.
Additionally, under District of Columbia law, individuals may not contribute more than $1,000 in support of a candidate for an at-Large seat on the Council of the District of Columbia and may not contribute more than $500 for a candidate seeking a ward seat. Individuals also may not make or cause contributions to made in the name of others. According to the indictment, Forney violated those laws with contributions to three candidates in the 2012 election.
Both of the federal indictments were returned on Aug. 10, 2017.
In one federal case, Forney and a co-defendant, Riad M. Sleit, were indicted on two counts of fraud stemming from an alleged scheme involving Forney’s company, FEI, and payments it received as a minority business enterprise. Forney was also charged with two counts of money laundering.
The scheme allegedly involved a series of contracts awarded by the Maryland Administrative Office of the Courts to Sharp Business Systems (SBS) for work on copiers throughout the state’s court system. Under contracts issued in 2009, 2010, and 2011, SBS was to meet a requirement that 20 percent of its sub-contracting work be performed by a minority business enterprise, which, in this case, was to be FEI. Sleit was the president of the metropolitan Washington, D.C. branch of SBS and was involved in the contract, the indictment alleges.
However, according to the indictment, FEI never performed any work or provided any services. Forney, Sleit, and an SBS consultant, John N. Vassos, caused SBS to pay $689,800 to FEI from 2009 to 2013 for its purported work. Forney then turned over the money that FEI received from SBS to Vassos.
In addition to his work at FEI, Forney and a business partner owned Stadium Club, an establishment in Southeast Washington. In May 2010, according to the indictment, Vassos provided approximately $2 million to Forney and his partner to finance the purchase of the property where Stadium Club was located. Additionally, from 2011 until 2014, Vassos loaned hundreds of thousands of dollars to Forney and his partner.
Sleit, 60, of Sarasota, Fla., has entered a not guilty plea. Vassos, 55, of Bethesda, Md., pled guilty in June 2017 to one count of conspiracy to commit mail fraud, one count of tax fraud, and one count of conspiracy to commit wire fraud. He is awaiting sentencing.
In the other federal case, Forney was indicted on two counts of tax fraud for allegedly under-reporting his income on federal income tax returns for the 2009 and 2010 calendar years.
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.
The FBI’s Washington Field Office and the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington D.C. Field Office are investigating the cases. The cases are being prosecuted by Assistant U.S. Attorneys Anthony Saler and Michael Marando. Assistance has been provided by Paralegal Specialists C. Rosalind Pressley, Toni Anne Donato, Aisha Keys, and Jessica Mundi; Financial Analyst Bryan J. Snitselaar; Litigation Technology Specialist Kimberly Smith; and former Criminal Investigators Juan Juarez and Stephen Cohen, of the U.S. Attorney’s Office.
Fishing Vessel Owner Convicted for Oil and Garbage Offenses Off American SamoaRead the Press Release
WASHINGTON – A fishing vessel company that operated in and around American Samoa was convicted and sentenced today for maintaining false and incomplete records relating to the discharge of oil and garbage, announced Acting Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division and U.S. Attorney Channing D. Phillips. The company, Yuh Fa Fishery (Vanuatu) Co. Ltd., owned the Fishing Vessel (“F/V”) Yuh Fa No. 201, the vessel that was responsible for the pollution.
Yuh Fa Fishery (Vanuatu) Co. Ltd., admitted that its engineers failed to document the illegal dumping of oily bilge water into the waters of the South Pacific Ocean without the use of required pollution prevention equipment. The Chief Engineer onboard the F/V Yuh Fa No. 201 acknowledged that there had been discharge of oil to the sea that caused a visible sheen upon the water and that he did not log this discharge in the vessel’s Oil Record Book, as required by law. The company also admitted that its engineers made several modifications using flexible hoses to the vessel’s piping system, which allowed oily bilge water and oil sludge to be discharged directly overboard.
The company further admitted that between June 2013 and June 2016, senior engineers regularly failed to accurately record the transfer and disposal of oil waste in the vessel’s Oil Record Book. The vessel’s captains also failed to properly maintain a Garbage Record Book, and Yuh Fa Fishery (Vanuatu) Co. Ltd., was unable to accurately account for the storing, sorting, and disposal of garbage during the vessel’s extended fishing trips. The Coast Guard relies on such records to determine whether vessels are illegally dumping oil and garbage at sea. As a result, tons of oil sludge, waste oil, oily bilge water, and garbage produced by the vessel remain unaccounted for.
The company pleaded guilty to two felony violations of the Act to Prevent Pollution from Ships, 33 U.S.C. § 1908(a), for failing to accurately maintain an Oil Record Book and a Garbage Record Book. Under the terms of the plea agreement, the company will pay a total fine of $2.5 million, which includes a community service payment of $625,000 for use in the National Marine Sanctuary of American Samoa. Yuh Fa Fishery (Vanuatu) Co. Ltd., will also serve a five-year period of probation.
The case against Yuh Fa Fishery (Vanuatu) Co. Ltd., was investigated by U.S. Coast Guard personnel in American Samoa and Honolulu, Hawaii. The case was prosecuted by Trial Attorney Stephen Da Ponte of the Environmental Crimes Section of the Department of Justice, and Assistant U.S. Attorney Frederick W. Yette of the U.S. Attorney's Office for the District of Columbia.
District Man Sentenced to 28 ½ Years in Prison for Armed Home Invasion in Southeast WashingtonRead the Press Release
WASHINGTON - Tracy Medina-Winfield, 26, of Washington, D.C., was sentenced today to a 28 ½-year prison term for his role in an armed home invasion that took place last year in Southeast Washington, U.S. Attorney Channing D. Phillips announced.
Medina-Winfield was found guilty by a jury in June 2017 of first-degree burglary while armed, armed kidnapping, armed robbery, and other offenses. A co-defendant, Jamal Hill, 25, of Laurel, Md., was found guilty of fleeing a law enforcement officer and destruction of property for his role as the getaway driver in the crime. The verdict followed a trial in the Superior Court of the District of Columbia. The Honorable Danya A. Dayson sentenced Medina-Winfield today. Following his prison term, Medina-Winfield will be placed on a period of supervised release.
According to the government’s evidence, on April 3, 2016, at approximately 3:30 p.m., Medina-Winfield, while armed with a handgun and wearing a mask, entered a private home in the 4200 block of Hildreth Street SE while a man and woman were inside. Medina-Winfield pointed the gun in their faces and said, “You know what time it is.” He then asked for the keys to the Audi that was parked outside. While doing this, an unknown suspect entered the home and began looking around for items. Medina-Winfield and his accomplice then asked for the keys to the car that was parked outside, but the victims responded that the car did not belong to them.
At this point, Medina-Winfield escorted the victims to the upstairs bathroom and made them kneel in the bathtub. One victim told the jury that he believed he was going to die in that moment. They were subsequently asked for the location of their phones. The unknown suspect then found the phones, yelled “got them” to Medina-Winfield, and they left. The male victim followed them outside. According to the government’s evidence, Jamal Hill was in the drivers’ seat of a waiting car. Medina-Winfield, who was seated in the passenger seat, saw the victim, pointed his gun at him and ordered him to get back inside. He and the others then drove off.
Hill, who had been free on personal recognizance, did not return to court midway through the trial and a bench warrant has been issued for his arrest.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the efforts of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialists Daphne Nelson and Antoinette Sakamsa; Litigation Technology Specialists William Henderson, Paul Howell, and Anisha Bhatia, and Summer Law Clerk William Omorogieva. Finally, he commended the work of Assistant U.S. Attorneys Anwar Graves and Rizwan Qureshi, who investigated and prosecuted the case.
Maryland Man Sentenced to 14 Years in Prison for Shooting Childhood Friend in Southeast WashingtonRead the Press Release
WASHINGTON – Timothy Dugger, 30, of Landover, Md., was sentenced today to 14 years in prison for repeatedly shooting a man in a mid-day attack nearly two years ago in Southeast Washington, announced U.S. Attorney Channing D. Phillips.
Dugger was found guilty by a jury in June 2017 of a total of 14 charges, including assault with intent to kill while armed, aggravated assault while armed, assault with a dangerous weapon, fleeing law enforcement, reckless driving, and various firearms offenses. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Judith Bartnoff. Following his prison term, Dugger will be placed on five years of supervised release.
According to the government’s evidence, in the early afternoon of Sept. 11, 2015, Dugger picked up the victim and his family and drove them to the 2900 block of Southern Avenue SE. The victim left his family there and made his way back to Dugger’s car, where Dugger was in the driver’s seat. As the victim approached the car, Dugger fired multiple shots at him, striking him in the back, chest, and arm. Dugger then made a U-turn on Southern Avenue, fired more shots, and drove off. He led the Metropolitan Police Department (MPD) on a chase before crashing the vehicle into a retaining wall the 2300 block of R Street SE. While fleeing, Dugger had tossed the gun from the car, and it was recovered and found to have his fingerprints on it.
According to medical testimony, the victim, then 30, could have died if the bullets entered his body at different trajectories. Dugger and the victim had been friends since childhood. Dugger has been in custody since his arrest.
In announcing the sentence, U.S. Attorney Phillips commended the work of the Metropolitan Police Department. He also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Sarah C. Santiago and Kathleen “Katie” Kern, who both assisted in investigating and indicting the case; Paralegal Specialist Tamaya Reid; Victim/Witness Advocate Diana Lim, and Litigation Technology Specialists Leif Hickling and William Henderson. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Ellen D’Angelo and Maryam Adeyola, who investigated the case and prosecuted it at trial.
District Man Sentenced to 21 Years in Prison for Killing Man in Southeast WashingtonRead the Press Release
WASHINGTON – Clifton Johnson, 27, of Washington, D.C., was sentenced today to 21 years in prison on charges stemming from the slaying of a man in Southeast Washington, U.S. Attorney Channing D. Phillips announced.
Johnson was found guilty by a jury in May 2017 of second-degree murder while armed and a related weapons offense. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Judith Bartnoff. Following his prison term, Johnson will be placed on five years of supervised release.
According to the government’s evidence, on the evening of Nov. 23, 2015, the victim, Dewayne Grandson, and his girlfriend stopped at a Chinese restaurant in the 2500 block of Pennsylvania Avenue SE, where Mr. Grandson ran into the defendant by happenstance. After a brief exchange, Johnson motioned for Mr. Grandson to come outside. Once outside, Johnson shot Mr. Grandson multiple times. Mr. Grandson, who was also armed, was able to fire one shot and hit Johnson in the torso. Mr. Grandson, 24, died from his injuries.
Following the shooting, Johnson fled the scene. An off-duty officer with the Metropolitan Police Department (MPD) stopped him shortly thereafter. The murder weapon was found in the defendant’s flight path.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Liaison and Operations Manager Linda McDonald; Paralegal Specialist Debra Joyner; Investigative Analyst Zachary McMenamin; Litigation Technology Specialists Leif Hickling, Anisha Bhatia, and Joshua Ellen; former Litigation Technology Specialist Aneela Bhatia; Victim/Witness Services Coordinators M. Laverne Perry and Katina Adams-Washington, and Victim/Witness Advocate James Brennan.
Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Nebiyu Feleke and Richard Barker, who investigated and prosecuted the matter.
District Man Pleads Guilty to Kidnapping and Sexually Assaulting Intoxicated StrangerRead the Press Release
WASHINGTON – Saul Castillo, 20, of Washington, D.C., pled guilty today to kidnapping and sexually abusing an intoxicated stranger in the stairwell of his apartment building in Northwest Washington, announced U.S. Attorney Channing D. Phillips.
Castillo pled guilty in the Superior Court of the District of Columbia to charges of kidnapping and second-degree sexual abuse. After completing any term of incarceration imposed by the court, Castillo will be subject to deportation proceedings, lifetime registration as a sex offender, and a period of supervised release. The Honorable Judith Bartnoff ordered that Castillo be detained pending sentencing on Nov. 3, 2017.
According to the government’s evidence, Castillo found the victim in the early morning hours of May 7, 2017 on a sidewalk near Lafayette Square in downtown Washington. She was extremely intoxicated, unable to walk, and told Castillo that she wanted to go to her home. Castillo hailed a passing taxi and brought her back to his apartment building in the 1700 block of Seventh Street NW.
Once inside, the victim refused to enter Castillo’s fourth-floor apartment and repeated that she wanted to go home. On multiple occasions, she fell and laid down on the hallway floor due to her intoxication. She tried to push Castillo away and return to the elevator to leave the building, but Castillo blocked her and pulled her back toward his apartment. Because of the commotion this was causing in the hallway, Castillo lifted her and carried her to the fourth- floor staircase, where Castillo sexually assaulted her. His conduct inside the building was captured on building surveillance cameras, and Castillo was arrested on May 12, 2017.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Juanita Harris and Paralegal Specialist Tiffany Jones. Finally, he commended the work of Assistant U.S. Attorneys Marisa West and J. Matt Williams, who investigated and prosecuted the case.
United States Files Complaints to Forfeit More Than $11 Million from Companies That Allegedly Laundered Funds to Benefit Sanctioned North Korean EntitiesRead the Press Release
WASHINGTON – The United States filed two complaints today seeking imposition of a civil money laundering penalty and to civilly forfeit more than $11 million from companies that allegedly acted as financial facilitators for North Korea, announced U.S. Attorney Channing D. Phillips, Michael DeLeon, Special Agent in Charge of the FBI’s Phoenix Field Office, and Michael J. Anderson, Special Agent in Charge of the FBI’s Chicago Field Office.
The actions, filed in the U.S. District Court for the District of Columbia, represent two of the largest seizures of North Korean funds by the Department of Justice. One complaint seeks $6,999,925 associated with Velmur Management Pte Ltd., a Singapore-based company. The other seeks $4,083,935 from Dandong Chengtai Trading Co. Ltd., also known as Dandong Zhicheng Metallic Material Co., Ltd., a company in Dandong, China.
The lawsuits follow a similar complaint, filed in June 2017, seeking more than $1.9 million from Mingzheng International Trading Limited, a company based in Shenyang, China.
The complaints allege that the companies have participated in schemes to launder U.S. dollars on behalf of sanctioned North Korean entities. According to the complaints, the companies participated in financial transactions in violation of the International Emergency Economic Powers Act (IEEPA), the North Korean Sanctions and Policy Enhancement Act of 2016, and federal conspiracy and money laundering statutes. Today’s complaints are the first filed actions based on the 2016 North Korean Sanctions and Policy Enhancement Act.
“These complaints show our determination to stop North Korean sanctioned banks and their foreign financial facilitators from aiding North Korea in illegally accessing the United States financial system to obtain goods and services in the global market place,” said U.S. Attorney Phillips. “According to the complaints, these front companies are supporting sanctioned North Korean entities, including North Korean military and North Korean weapons programs. Working with our law enforcement partners, we will vigorously enforce vital sanctions laws.”
“The complaints allege that these companies are assisting North Korea in evading sanctions, which is in direct conflict with our national security interests,” said Special Agent in Charge DeLeon, of the FBI’s Phoenix Field Division. “We will continue to use the necessary resources to expose these types of actions and investigate those who utilize the U.S. banking systems for illegal activities.”
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U.S. v. Velmur Management Pte., Ltd. (Velmur) and Transatlantic Partners Pte. Ltd. (Transatlantic)
This complaint alleges that Velmur and Transatlantic Partners Pte. Ltd. (Transatlantic) laundered United States dollars on behalf of sanctioned North Korean banks that were seeking to procure petroleum products from JSC Independent Petroleum Company (IPC), a designated entity. The complaint also seeks a civil monetary penalty against Velmur and Transatlantic for prior sanctions and money laundering violations related to this scheme.
According to the complaint, designated North Korean banks use front companies, including Transatlantic, to make U.S. dollar payments to Velmur. The complaint relates to funds that were transferred through four different companies and remitted to Velmur to wire funds to JSC Independent Petroleum Company (IPC), a Russian petroleum products supplier. On June 1, 2017, the Department of the Treasury’s Office of Foreign Asset Controls (OFAC) designated IPC. The designation noted that IPC had a contract to provide oil to North Korea and reportedly shipped over $1 million worth of petroleum products to North Korea.
The United Nations Panel of Experts reported in 2017 on the methods used by North Korean banks to evade sanctions and continue to access the international banking system. Specifically, despite strengthened financial sanctions, North Korean networks are adapting by using greater ingenuity in accessing formal banking channels. This includes maintaining correspondent bank accounts and representative offices abroad which are staffed by foreign nationals making use of front companies. These broad interwoven networks allow the North Korean banks to conduct illicit procurement and banking activity.
An FBI investigation revealed that Velmur’s and Transatlantic’s activities mirror this money laundering paradigm. Specifically, companies identified in the complaint and Transatlantic act as front companies for designated North Korean banks.
The government is seeking to forfeit $6,999,925 that was wired to Velmur in May 2017. The U.S. dollar payments, which cleared through the U.S., are alleged to violate U.S. law, because the entities were surreptitiously making them on behalf of the designated North Korean Banks, whose designation precluded such U.S. dollar transactions. The government also is seeking imposition of a monetary penalty commensurate with the millions of dollars allegedly laundered by Velmur and Transatlantic.
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U.S. v. Dandong Chengtai Trading Co., Ltd. (Dandong Chengtai), also known as Dandong Zhicheng Metallic Material Co., Ltd.
This complaint alleges that Dandong Chengtai and associated front companies controlled by Chi Yupeng, a Chinese national, comprise one of the largest financial facilitators for North Korea. According to the complaint, Dandong Chengtai conspired to evade U.S. economic sanctions by facilitating prohibited U.S. dollar transactions through the United States on behalf of the North Korean Workers’ Party, a sanctioned entity.
The complaint further alleges that the North Korean government relies on exports of coal as its primary means of obtaining access to foreign currency, and that the North Korean military controls the amount of coal produced and its subsequent export. The North Korean government uses proceeds of coal sales to fund its weapons of mass destruction program and missile programs. Coal generates more than $1 billion in revenue per year for North Korea. The investigation revealed that Dandong Chengtai is one of the largest importers of North Korean coal in China, and has continued to engage in illicit U.S. dollar transactions related to its coal sales to benefit North Korea.
The complaint alleges that Dandong Chengtai facilitated wire transfers denominated in U.S. dollars for purchases of goods that are well outside the scope of a mineral trading company. Financial records reveal that purchases of bulk commodities such as sugar, rubber, petroleum products, and soybean oil, among others, were in fact destined for North Korea.
As reported in findings by the Treasury Department and the United Nations Panel of Experts, North Korean financial facilitators frequently establish and maintain offshore U.S. dollar accounts for the purposes of remitting wire transfers denominated in U.S. dollars on behalf of sanctioned North Korean entities. These broad interwoven networks allow sanctioned North Korean entities to conduct illicit procurement and banking activity.
The government is seeking to forfeit $4,083,935 that Dandong Chengtai wired on June 21, 2017 to Maison Trading, using their Chinese bank accounts. The investigation revealed that Maison Trading is a front company operated by a Dandong Chengtai employee. These U.S. dollar payments, which cleared through the United States, are alleged to violate U.S. law, because the recent North Korean sanctions law specifically barred U.S. dollar transactions involving North Korean coal and the proceeds of these transactions were for the benefit of the North Korea Worker’s Party, whose designation precluded such U.S. dollar transactions.
This case relates to a previously unsealed opinion from Chief Judge Beryl A. Howell of the U.S. District Court for the District of Columbia, which found that probable cause existed to seize funds belonging to Dandong Chengtai.
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The claims made in the complaints are only allegations and do not constitute a determination of liability.
The FBI’s Phoenix Field Office is investigating the case involving Velmur Management Pte Ltd. and Transatlantic Partners Pte., Ltd. The FBI’s Chicago Field Office is investigating the case involving Dandong Chengtai Trading Co. Ltd. Both investigations are being supported by the FBI Counterproliferation Center.
Assistant U.S Attorneys Arvind K. Lal, Zia M. Faruqui, Christopher B. Brown, Deborah Curtis, Ari Redbord, and Brian P. Hudak, all of the U.S. Attorney’s Office for the District of Columbia, are prosecuting both cases. Paralegal Specialist Toni Anne Donato and Legal Assistant Jessica McCormick are providing assistance.
dandong_chengtai_trading_-_complaint_-_august_2017.pdf velmur_management_-_complaint_-_august_2017_4.pdfFormer Compliance Officer for National Labor Relations Board Pleads Guilty to Stealing More Than $400,000 from AgencyRead the Press Release
WASHINGTON – Hector Martinez, a former compliance officer with the National Labor Relations Board (NLRB), pled guilty today to federal charges stemming from a scheme in which he stole more than $400,000 from the agency.
The guilty plea was announced by U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and David P. Berry, Inspector General for the National Labor Relations Board.
Martinez, 53, of Pico Rivera, Calif., pled guilty in the U.S. District Court for the District of Columbia to charges of wire fraud and aggravated identity theft. Under federal sentencing guidelines, he faces a likely range of 33 to 41 months in prison for wire fraud and an additional mandatory two-year prison term for aggravated identity theft. He also has agreed to pay $434,823 in restitution to the NLRB and is subject to a forfeiture money judgment. The Honorable Randolph D. Moss scheduled sentencing for Nov. 6, 2017.
The NLRB is an independent federal agency. Among its responsibilities, the NLRB acts to prevent and remedy unfair labor practices committed by private sector employers and unions. Employees, union representatives, and employers who believe that their rights under the National Labor Relations Act have been violated may file charges alleging unfair labor practices at their nearest NLRB regional office. When the NLRB successfully litigates or settles a case on behalf of aggrieved workers (litigants known as “discriminatees”), monetary damages are paid by the employer or union, or through the NLRB. The NLRB refers to such payments as “back pay.”
According to the government’s evidence, Martinez carried out his scheme from December 2010 and continued it through October 2015, when he was placed on administrative leave by the agency and ultimately discharged. During that time, he was a compliance officer at the NLRB’s Region 21 office in downtown Los Angeles. In that role, his responsibilities included disbursing back pay to discriminatees in the Los Angeles area.
As part of the scheme, Martinez created fictitious discriminatees in real cases in which back pay was owed. He invented names for the discriminatees and paired the fabricated names with real Social Security numbers for other people. Then he created fictitious amounts of back pay and diverted this money to his own personal bank accounts. In order to generate the money, Martinez diverted the full amount of money due to legitimate discriminatees, who received nothing, or skimmed money from legitimate discriminatees, reducing the amount paid to them.
All told, in his guilty plea, Martinez admitted that he diverted back pay funds that nine employers paid to the NLRB and that he should have paid to victims. The NLRB has since engaged in remedial efforts.
In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Inspector General Berry commended the work of those who investigated the case from the FBI’s Washington Field Office and the NLRB’s Office of the Inspector General. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas, who handled forfeiture issues, and Paralegal Specialists Jessica Mundi and Christopher Toms. Finally, they commended the work of Assistant U.S. Attorney Denise A. Simmonds, who investigated and prosecuted the matter.
District Man Pleads Guilty to Sexually Assaulting WomanRead the Press Release
WASHINGTON – Darnell Franklin, 27, of Washington, D.C., pled guilty today to a charge of third-degree sexual abuse for groping a stranger after pushing her into the back seat of a car, announced U.S. Attorney Channing D. Phillips.
Franklin pled guilty in the Superior Court of the District of Columbia under what is known as the Alford doctrine. Under an Alford plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction. The Honorable Hiram E. Puig-Lugo scheduled sentencing for Oct. 27, 2017. Once released from prison, Franklin will be required to register as a sex offender for a 10-year period and will be on supervised release for three years.
According to the government’s evidence, on April 22, 2017, at about 7 p.m., Franklin approached the victim – a total stranger – inside a store at 35th and Clay Streets NE, where he tried to engage her in small talk and told her that she was pretty. The victim told Franklin that she had a boyfriend, concluded her business in the store, and left.
Franklin then followed the victim outside, to a car-for-hire that was waiting to drive her home. As the victim was getting into the back seat of that car, Franklin pushed her in, got in beside her and began fondling her as she tried to fight him off. The driver saw what was going on and got out of the car to come to the victim’s aid. As the driver neared the back door of his car, Franklin fled down the street. The driver and the victim saw some nearby officers with the Metropolitan Police Department (MPD) and told them what had happened.
The MPD officers spotted Franklin, and with other officers, chased and caught him.
In announcing the plea, U.S. Attorney Phillips praised the work of officers from MPD’s Sixth District and from MPD’s Sexual Assault Unit. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Brenda C. Williams and Victim/Witness Advocate Veronica Vaughan. Finally, U.S. Attorney Phillips commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
District Woman Sentenced to Seven Years in Prison for Injuring Pedestrians and Ramming into CarsRead the Press Release
WASHINGTON – Donnie Bean, 49, of Washington, D.C., was sentenced today to seven years in prison on charges stemming from incidents over a 90-minute period in which she struck numerous cars and pedestrians, including a police vehicle, while driving under the influence of alcohol and cannabinoids in downtown Washington, U.S. Attorney Channing D. Phillips announced.
Under what is known as the Alford doctrine, Bean pled guilty in May 2017 in the Superior Court of the District of Columbia to three counts of assault with a dangerous weapon and one count of felony assault on a police officer. Under an Alford plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction.
The plea, which was subject to the Court’s approval, called for an agreed-upon sentence of five to seven years in prison. The Honorable Danya A. Dayson accepted the plea today and sentenced Bean accordingly. Following her prison term, Bean will be placed on three years of supervised release.
The plea involved a series of incidents that took place on Saturday, May 7, 2016, from approximately 5:45 p.m. until 6:30 p.m. According to the government’s evidence, Bean was under the influence of alcohol and cannabinoids, as well as suffering from unmedicated mental health conditions, that day when she drove a black Honda Civic in downtown Washington.
At approximately 6 p.m., according to the government’s evidence, she ran a red light at the intersection of Seventh Street and Florida Avenue NW. She struck a bicyclist and continued through the intersection, then striking and knocking to the ground a 9-year-old girl who was crossing the street with her family. The child was taken to a hospital with minor injuries.
At about 6:10 p.m., Bean nearly hit two other people who were in a crosswalk at Fifth and H Streets NW. After one of the pedestrians yelled at her, Bean replied with words to the effect of “You wanna make it real?” and made a U-turn and then drove back at them. They escaped harm by dodging behind a traffic signal pole.
Shortly thereafter, according to the government’s evidence, Bean rear-ended a car at Fifth Street and Massachusetts Avenue NW. The driver of that car got out of his vehicle, tapped on Bean’s window, and told her not to leave. Bean backed up and accelerated toward him, hitting him and flipping him over her car into the middle of Massachusetts Avenue NW. The man was treated on the scene by paramedics and later went to the hospital with minor injuries.
Bean continued to flee. Officers with the Metropolitan Police Department (MPD) saw Bean driving erratically and attempted to stop her. An officer, who was in full uniform and driving a marked police car, saw her in the 1200 block of V Street NW and attempted to stop her. She tried to leave the scene, rammed her vehicle into the police car, and fled westbound into the 1300 block of V Street NW. The officer pulled alongside Bean’s car, trying to stop her, and she rammed her car into the side of his police vehicle several times. He eventually was able to stop Bean. Several officers removed her from the vehicle and placed her in handcuffs.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Clark and Diana Lim, and Assistant U.S. Attorneys Natasha Smalky, C.B. Buente, and Vanessa Goodwin, who investigated and prosecuted the case.
District Man Pleads Guilty to Fatally Shooting Man in Broad Daylight in Southwest WashingtonRead the Press Release
WASHINGTON – Seth Holmes, 25, of Washington, D.C., pled guilty today to a charge of voluntary manslaughter while armed for killing a man earlier this year in Southwest Washington, U.S. Attorney Channing D. Phillips announced.
Holmes pled guilty in the Superior Court of the District of Columbia. The plea agreement, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of at least 10 years and up to 14 years in prison. The Honorable Lynn Leibovitz set a hearing for Oct. 13, 2017 to determine whether to accept the plea and sentence.
The government’s evidence demonstrated that on May 9, 2017, at approximately 2:05 p.m., officers with the Metropolitan Police Department (MPD) received a call to respond to a shooting that occurred in the 100 block of Irvington Street SW. Upon arrival, officers found the victim, Damonta Thompson, semi-conscious and unresponsive suffering from a gunshot wound to his body. The District of Columbia Department of Fire and Emergency Medical Services transported Mr. Thompson to a hospital, where he was pronounced dead. An autopsy later determined that Mr. Thompson, 25, died from a gunshot wound to the back.
Further investigation by MPD officers revealed that just prior to the shooting, Holmes pulled his vehicle into the 100 block of Irvington Street SW, where he observed Mr. Thompson. Holmes and Mr. Thompson exchanged words. Holmes then pulled his vehicle down the street, got out, and shot his gun four times in the direction of Mr. Thompson, hitting him one time in his back. Mr. Thompson died a short time later.
Approximately, three days after the shooting, Holmes fled the Washington, D.C. metropolitan area to a relative’s residence in St. Petersburg, Fla. On June 5, 2017, Holmes was located by the U.S. Marshals Service and arrested at the residence. He was then transported back to the District of Columbia and was formally charged.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department and the U.S. Marshals Service. He also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Allen and Jennifer Clark, and Assistant U.S. Attorney Alicia M. Long, who investigated and prosecuted the matter.
Former School Janitor Pleads Guilty to Felony Charge in 2005 Sexual Assault of 12-Year-Old GirlRead the Press Release
WASHINGTON – Mandell L. Whitted, 50, of Capitol Heights, Md., pled guilty today to a felony charge stemming from the sexual abuse of a 12-year-old girl, which took place in 2005 while he was a janitor at an elementary school in Southeast Washington, U.S. Attorney Channing D. Phillips announced.
Whitted pled guilty in the Superior Court of the District of Columbia to a charge of attempted first-degree child sexual abuse. The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of five years in prison. Following his release, Whitted will be required to register as a sex offender for 10 years. The Honorable Hiram E. Puig-Lugo scheduled sentencing for Nov. 16, 2017.
According to a proffer of facts submitted at today’s hearing, Whitted worked in 2005 as a janitor at J.C. Nalle Elementary School, in the 200 block of 50th Street SE. During the summer between her fifth grade at that school and her sixth grade at another school, the 12-year-old girl worked at J.C. Nalle Elementary on a cleaning crew. Then, in the fall of 2005, she returned to the school to work at an after-school program. In the period between May 2005 through November 2005, according to the proffer, Whitted sexually assaulted the girl on numerous occasions at various locations, including the janitor’s office.
Whitted was arrested in February 2017, following an investigation by the Metropolitan Police Department (MPD). He has been in custody ever since.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Supervisor Dr. Lorraine Chase, Paralegal Specialist T.J. McPhail, and Assistant U.S. Attorney Stuart D. Allen, who investigated and prosecuted the matter.
District Man Sentenced to 30 Years in Prison for Sexually Assaulting Woman in Southwest WashingtonRead the Press Release
WASHINGTON – Kevin Thompson, 28, of Washington, D.C., was sentenced today to 30 years in prison for forcing and abducting a woman off a street in Southwest Washington and sexually assaulting her, U.S. Attorney Channing D. Phillips announced.
Thompson was found guilty by a jury in May 2017 of first-degree sexual abuse, third-degree sexual abuse, and kidnapping. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Hiram E. Puig-Lugo. Following his prison term, Thompson will be placed on supervised release for the rest of his life.
According to the government’s evidence, on Aug. 22, 2016, at approximately 11 p.m., the victim had just left work and was walking in the area of the 4800 block of 1st Street SW when Thompson walked up to her. Thompson, a stranger, approached and asked if she remembered him. She told him “no” and to leave her alone. She pulled out her phone in an attempt to deter him, but Thompson kept following her.
As the woman continued down the street, Thompson grabbed her by the shirt and hair and dragged her into a wooded area and, ultimately, to the bottom of a trash-filled ditch. She repeatedly screamed, but, unfortunately, no one could hear her. Thompson then forcibly sexually assaulted her. As she testified at trial, as Thompson inflicted one assault after another on her, she thought that it was her “last day on earth.” But in a moment when Thompson was distracted, she ran away and made it to safety. The victim called 911. Officers with the Metropolitan Police Department (MPD) quickly located Thompson in the area and arrested him. He has been in custody ever since.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Chrisellen Kolb, Deputy Chief of the Appellate Division; Assistant U.S. Attorney Mark Aziz; Paralegal Specialists Michelle Wicker, Angelina Slagle and T.J. McPhail; Litigation Technology Specialist Anisha Bhatia, and Victim/Witness Advocates Tracy Owusu and Tracey Hawkins. Finally, he commended the work of Assistant U.S. Attorney Danny Nguyen, who investigated and indicted the case, and Assistant U.S. Attorneys Julianne Johnston and Kathleen “Katie” Kern, who investigated the case and prosecuted it at trial.
Nurse-Practitioner Found Guilty of Federal Charges for Illegally Distributing Oxycodone and Money LaunderingRead the Press Release
WASHINGTON - Ivan Lamont Robinson, a licensed nurse practitioner who was based in Southeast Washington, was found guilty by a jury today of 42 federal charges that he distributed oxycodone outside the legitimate scope of professional practice and without a legitimate medical purpose, and two counts of money laundering.
The guilty verdicts were announced by U.S. Attorney Channing D. Phillips; Karl C. Colder, Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration (DEA); Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.; Robert E. Craig, Jr., Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS), and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
The trial began July 10, 2017, in the U.S. District Court for the District of Columbia, in the courtroom of the Honorable Colleen Kollar-Kotelly. Following today’s verdict, Robinson, 46, of Washington, D.C., was remanded to the custody of the U.S. Marshals Service. His sentencing hearing will be scheduled at a later date.
According to the government’s evidence, Robinson conducted a pain management practice from 2011 until 2013 in the 2000 block of Martin Luther King Jr. Avenue SE. His practice received numerous complaints from pharmacists who suspected that he was operating a “pill mill” rather than a medical pain management practice. “Pill mill” is a shorthand terminology for a medical practice which begins selling prescriptions to customers, usually for cash.
Through his position as a nurse practitioner, under District of Columbia law, Robinson had authority to prescribe oxycodone to patients. Robinson sold prescriptions to customers in exchange for $370 in blank money orders. Customers came from outside the District of Columbia to purchase identical prescriptions, 60 tablets of 30 milligrams of oxycodone. Law enforcement executed numerous search warrants involving his practice on June 19, 2013. After a meeting with officials of the DEA, Robinson voluntarily relinquished his DEA license, which had authorized him to write prescriptions for controlled substances.
During the trial, the government presented testimony from a medical expert who stated that Robinson provided no real medical treatment, and there was no medical basis to prescribe oxycodone. Further, the government’s evidence showed that Robinson deposited over $100,000 in money orders from customers during a four-month period in 2013. With these illegal proceeds, the government showed that Robinson purchased a brand new Volvo automobile and, during the execution of the search warrants, that he withdrew $108,000. After returning the guilty verdicts, the jury also voted to forfeit Robinson’s $108,000 and the Volvo automobile that he had gained from his illegal pill mill practice.
The case was investigated by the U.S Drug Enforcement Administration, Metropolitan Police Department, the Office of Inspector General for the U.S. Department of Health and Human Services, and the Department of Defense, Defense Criminal Investigative Service.
This case was prosecuted by Assistant U.S. Attorneys John P. Dominguez and Dineen A. Baker. Assistance was provided by Paralegal Specialists Jeannette Litz and Rommel Pachoca and Legal Assistants Kate Abrey and Holly Crouse. Trial assistance was also provided by Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section; Assistant U.S. Attorneys Anthony Scarpelli, Nancy Jackson, Kara Traster, Zia M. Faruqui, and Christopher B. Brown; Victim/ Witness Assistance Unit Specialist Tonya Jones, and Interns Cloyd Smith, Jennifer Newman, Maria Thompson and Leila Bartholet.
Defense Contractor ADS Inc. Agrees to Pay $16 Million to Settle False Claims Act Allegations Concerning Fraudulently Obtained Small Business ContractsRead the Press Release
Virginia Beach, Virginia-based contractor ADS Inc. and its subsidiaries have agreed to pay the United States $16 million to settle allegations that they violated the False Claims Act by knowingly conspiring with and causing purported small businesses to submit false claims for payment in connection with fraudulently obtained small business contracts, the Department of Justice announced today. The settlement further resolves allegations that ADS engaged in improper bid rigging relating to certain of the fraudulently obtained contracts. The settlement with ADS ranks as one of the largest recoveries involving alleged fraud in connection with small business contracting eligibility.
“Small or disadvantaged businesses serve as important engines of economic growth, and the United States utilizes small business set-aside contracts to aide those businesses in their development,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “When ineligible companies improperly obtain set-aside contracts, they prevent the small business community from receiving the assistance that Congress intended.”
In order to qualify as a small business, companies must meet defined eligibility criteria, including requirements concerning size, ownership, and operational control. The settlement with ADS resolves allegations that ADS, together with several purported small businesses that it controlled, fraudulently induced the government to award certain small business set-aside contracts by misrepresenting eligibility requirements. The purported small businesses affiliated with ADS include Mythics Inc., London Bridge Trading Co. Ltd., as well as MJL Enterprises LLC, which falsely claimed to be an eligible service-disabled veteran-owned company, and SEK Solutions LLC and Karda Systems LLC, both of which falsely claimed to qualify as socially or economically disadvantaged businesses under the Small Business Administration’s 8(a) Business Development Program. ADS and its affiliates allegedly concealed the companies’ affiliations with ADS and knowingly made misrepresentations concerning the size of the businesses and their eligibility as service-disabled or 8(a) qualified businesses. Finally, the settlement resolves allegations that ADS engaged in illegal bid rigging schemes that inflated or distorted prices charged to the government under certain contracts.
“This settlement reflects the government’s commitment to ensure that its business partners are truthful in their dealings with the United States,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “Contractors who attempt to disguise or misrepresent themselves to obtain funds reserved to promote small and disadvantaged businesses will be held accountable for their fraud on the public fisc.”
“The actions of ADS and its affiliated entities deprived legitimate small businesses of valuable federal contracting opportunities.” said Acting Inspector General Hannibal “Mike” Ware. “OIG will aggressively pursue companies that, through false statements, wrongfully benefit from small business set-aside contracts. I want to thank the Department of Justice for its leadership and dedication to serving justice in this case.”
“This case is yet another example of the tremendous results achieved through the joint efforts of the SBA, the Department of Justice, and other partner agencies, to uncover and forcefully respond to civil fraud committed by those participating in Federal Government contracting programs,” said SBA General Counsel Christopher M. Pilkerton. “This case involved fraud perpetrated in the Service-Disabled Veteran-Owned Small Business Contracting Program and the 8(a) Program for disadvantaged individuals. Identifying and aggressively pursuing instances of civil fraud by participants in these procurement programs and other set aside contracting programs, is one of SBA’s top priorities.”
The settlement with ADS resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in federal district court in the District of Columbia by Ameliorate Partners LLP. As part of today’s resolution, the whistleblower will receive approximately $2.9 million.
The settlement is the result of a coordinated effort among the Civil Division’s Commercial Litigation Branch, the U.S. Attorneys’ Offices for the District of Columbia and the Eastern District of Virginia, the Small Business Administration’s Office of Inspector General, and the General Services Administration’s Office of Inspector General.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Defense Contractor ADS Inc. Agrees to Pay $16 Million to Settle False Claims Act AllegationsRead the Press Release
WASHINGTON - Virginia Beach, Virginia-based contractor ADS Inc. and its subsidiaries have agreed to pay the United States $16 million to settle allegations that they violated the False Claims Act by knowingly conspiring with and causing purported small businesses to submit false claims for payment in connection with fraudulently obtained small business contracts, the Department of Justice announced today. The settlement further resolves allegations that ADS engaged in improper bid rigging relating to certain of the fraudulently obtained contracts. The settlement with ADS ranks as one of the largest recoveries involving alleged fraud in connection with small business contracting eligibility.
"Small or disadvantaged businesses serve as important engines of economic growth, and the United States utilizes small business set-aside contracts to aide those businesses in their development,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “When ineligible companies improperly obtain set-aside contracts, they prevent the small business community from receiving the assistance that Congress intended.”
“This settlement reflects the government’s commitment to ensure that its business partners are truthful in their dealings with the United States,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “Contractors who attempt to disguise or misrepresent themselves to obtain funds reserved to promote small and disadvantaged businesses will be held accountable for their fraud on the public fisc.”
In order to qualify as a small business, companies must meet defined eligibility criteria, including requirements concerning size, ownership, and operational control. The settlement with ADS resolves allegations that ADS, together with several purported small businesses that it controlled, fraudulently induced the government to award certain small business set-aside contracts by misrepresenting eligibility requirements. The purported small businesses affiliated with ADS include Mythics Inc., London Bridge Trading Co. Ltd., as well as MJL Enterprises LLC, which falsely claimed to be an eligible service-disabled veteran-owned company, and SEK Solutions LLC and Karda Systems LLC, both of which falsely claimed to qualify as socially or economically disadvantaged businesses under the Small Business Administration’s 8(a) Business Development Program. ADS and its affiliates allegedly concealed the companies’ affiliations with ADS and knowingly made misrepresentations concerning the size of the businesses and their eligibility as service-disabled or 8(a) qualified businesses. Finally, the settlement resolves allegations that ADS engaged in illegal bid rigging schemes that inflated or distorted prices charged to the government under certain contracts.
"The actions of ADS and its affiliated entities deprived legitimate small businesses of valuable federal contracting opportunities.” said Acting Inspector General Hannibal “Mike” Ware. “OIG will aggressively pursue companies that, through false statements, wrongfully benefit from small business set-aside contracts. I want to thank the Department of Justice for its leadership and dedication to serving justice in this case.”
“This case is yet another example of the tremendous results achieved through the joint efforts of the SBA, the Department of Justice, and other partner agencies, to uncover and forcefully respond to civil fraud committed by those participating in Federal Government contracting programs,” said SBA General Counsel Christopher M. Pilkerton. “This case involved fraud perpetrated in the Service-Disabled Veteran-Owned Small Business Contracting Program and the 8(a) Program for disadvantaged individuals. Identifying and aggressively pursuing instances of civil fraud by participants in these procurement programs and other set aside contracting programs, is one of SBA’s top priorities.”
The settlement with ADS resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery. The civil lawsuit was filed in federal district court in the District of Columbia by Ameliorate Partners LLP. As part of today’s resolution, the whistleblower will receive approximately $2.9 million.
The settlement is the result of a coordinated effort among the Civil Division’s Commercial Litigation Branch, the U.S. Attorneys’ Offices for the District of Columbia and the Eastern District of Virginia, the Small Business Administration’s Office of Inspector General, and the General Services Administration’s Office of Inspector General.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
U.S. Attorney's Office Concludes Investigation into Fatal Shooting of Terrence SterlingRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against an officer from the Metropolitan Police Department (MPD) who fatally shot Terrence Sterling on Sept. 11, 2016, in Northwest Washington.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident. This included law enforcement and civilian witness accounts, photographs, diagrams, physical evidence, recorded radio communications (911 calls and radio runs), District of Columbia Department of Transportation (DDOT) video, Closed Circuit Television (CCTV) video, MPD photo radar footage, cellphone video, body-worn camera footage, law enforcement agency reports from MPD and the FBI, MPD General Orders, accident reconstruction reports, speed analysis data, reports from District of Columbia Department of Fire and Emergency Medical Services, and the autopsy report for Mr. Sterling.
Following this review, the U.S. Attorney’s Office has concluded that there is insufficient evidence to prove beyond a reasonable doubt that the officer violated Mr. Sterling’s civil rights by willfully using more force than was reasonably necessary, had the necessary criminal intent when he shot Mr. Sterling, or was not acting in self-defense.
The evidence is consistent with the following chronology:
The chain of events began at approximately 4:20 a.m. on Sept. 11, 2016, at the intersection of 15th and U Streets NW. The MPD officer and his partner were working on the Third District’s Crime Suppression Unit, a specialized crime patrol team. Both were in full uniform and in a marked cruiser. The officer was the passenger and his partner was the driver. The officers were stopped at a red light, westbound on U Street NW, when they observed a motorcyclist, later identified as Mr. Sterling, 31, drive his motorcycle alongside their cruiser. Mr. Sterling pulled in front of the cruiser and briefly stopped. Mr. Sterling looked over his shoulder in the direction of the officers and then accelerated at a high rate of speed through the red light.
The officers activated their lights and siren and attempted to stop Mr. Sterling. Mr. Sterling did not stop. The officers attempted to follow Mr. Sterling, at times losing visual contact with him. During this period, several officer and civilian witnesses observed Mr. Sterling operating his motorcycle at excessive and dangerous speeds—sometimes estimated at 100 miles per hour or more. One MPD sergeant reported seeing the motorcycle in the area of 11th and U Streets, speeding through all of the red lights. The motorcycle was going so fast that it nearly hit another police cruiser in the area. In another instance, Mr. Sterling sped through an intersection at 16th and U Streets NW just moments after a bicyclist had ridden through it.
The two officers, meanwhile, continued their attempt to follow Mr. Sterling, but lost sight of him again at Ninth and U Streets. As they kept looking for him, they heard the sound of a motorcycle’s revving engine. This time, they located Mr. Sterling on Third Street NW, where he was bypassing cars backed up because of a red light.
According to the evidence, after Mr. Sterling stopped his motorcycle at the intersection of Third and M Streets NW, the officers pulled their cruiser into the intersection and partially blocked Mr. Sterling’s lane of travel. The officers intended to stop the motorcycle’s forward progress and arrest Mr. Sterling. With Mr. Sterling still on his motorcycle and generally facing the passenger side of the cruiser, the officer removed his firearm from the holster, put it into the tuck position (pointed downward and close to his body), and opened the cruiser’s passenger door to exit the cruiser.
In this moment, according to the evidence, Mr. Sterling revved his motorcycle and then accelerated and turned it toward the cruiser’s exposed passenger side. The officer, who was partially out of the cruiser, never got a chance to fully exit the vehicle. He felt the impact of the motorcycle hitting the cruiser’s door. The impact caused by the advancing motorcycle caused a dent in the cruiser’s open door and a bruise to the officer’s knee. The officer reacted by immediately firing two rounds at Mr. Sterling through his front passenger window. The rounds struck Mr. Sterling in the right side and neck. The shooting was at approximately 4:27 a.m.
Following the shooting, the officer made a radio transmission requesting assistance and an ambulance. He and his partner attempted to perform life-saving measures, but were unsuccessful. Emergency medical personnel transported Mr. Sterling to Howard University Hospital, where he was pronounced dead.
Toxicology results determined that Mr. Sterling’s blood alcohol content was .16. Under District of Columbia law, that is approximately two times the legal limit. Mr. Sterling also tested positive for THC, the active ingredient in marijuana.
The officers’ pursuit of Mr. Sterling lasted several minutes and covered approximately 25 city blocks. During that time, Mr. Sterling pulled in front of the officers’ marked cruiser, looked directly at them, and then sped through a red light; drove approximately 100 miles an hour in an urban environment while running several more red lights; narrowly averted collisions with another police cruiser and a civilian; and refused multiple times to surrender to the lawful authority of the police.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officer willfully used unreasonable force and/or was not acting in self-defense when he discharged his service weapon at Mr. Sterling.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Bureau investigates all police-involved fatalities in the District of Columbia.
Maryland Man Sentenced to Seven Years in Prison for Pandering and Child CrueltyRead the Press Release
WASHINGTON –Branden Dixon, 24, who led police on a pursuit earlier this year with a one-year-old girl in his car, has been sentenced to seven years in prison on charges of pandering and first-degree cruelty to children, U.S. Attorney Channing D. Phillips announced today.
Dixon, of Waldorf, Md., pled guilty in June 2017, in the Superior Court of the District of Columbia. The Honorable Hiram E. Puig-Lugo sentenced him on July 28, 2017 to three years in prison for pandering and an additional four years for the child cruelty charge. Following his prison term, Dixon will be placed on three years of supervised release.
According to the government’s evidence, in October 2016, Dixon took pictures of a woman and posted her on a known prostitution site. He and the woman resided at a motel in Northeast Washington, where several of the commercial sex encounters occurred. Dixon directed the woman to provide commercial sex to customers and he kept all proceeds. Dixon was arrested on Nov. 3, 2016 and charged with pandering. He was released, but then failed to show up for a hearing set for Jan 4, 2017. A judge issued a bench warrant that day for his arrest.
Later, at approximately 8:30 p.m. on Jan. 4, 2017, Dixon picked up a man and the man’s one-year-old daughter from a restaurant in Maryland and drove them to the 1600 block of Morris Road SE. The father left Dixon with the girl in the car while he went inside an apartment building to retrieve some belongings. While the father was away, officers with the Metropolitan Police Department (MPD) saw Dixon’s Audi and believed its out-of-state tag looked fake.
The police officers pulled behind Dixon’s car, and at that point, Dixon began to drive away. The child was still in the car and not in a car seat. Officers followed Dixon a short distance, while trying to run the tags on the vehicle. Dixon pulled into the 1800 block of Gainesville Road SE, which is a dead-end street. An officer exited the marked police car to approach Dixon’s car, but Dixon slammed the Audi in reverse, ramming into two police cars and almost striking an officer before he managed to maneuver out of the block.
The pursuit continued as it traversed into Maryland then into Virginia. During the pursuit, Dixon placed the little girl in the front seat with him and strapped her into the front passenger-side seat belt because she was crying. He crossed the Woodrow Wilson Bridge into Virginia, where he wrecked the vehicle near Exit 176 of I-495 in Fairfax County, Va.
Dixon and the child were taken to a hospital. The girl was seriously injured, suffering a concussion and a fractured left femur that required multiple surgeries, an almost complete body cast, and weeks of physical therapy.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the cases from the Metropolitan Police Department and the Virginia State Police. He also expressed appreciation for the assistance provided by the FBI’s Washington Field Office, the Alexandria, Va. Police Department, and Fairfax County Assistant Commonwealth’s Attorney Marin Hoplamazian. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tiffany Jones and Victim/Witness Advocate Tracy Owusu. Finally, he commended the work of Assistant U.S. Attorneys Melissa Price and Kenya Davis, who prosecuted the matters.
Former Deputy Executive Director of USAID Contractor Sentenced for Theft of Grant FundsRead the Press Release
WASHINGTON – Eugene Sickle, the former deputy executive director of a South African research institute, was sentenced today to seven months of incarceration and ordered to pay $206,250 in restitution for a scheme in which he stole grant funds originating with the U.S. Agency for International Development (USAID).
The sentencing, in the U.S. District Court for the District of Columbia, was announced by Channing D. Phillips, U.S. Attorney for the District of Columbia, and Jonathan Schofield, Special Agent in Charge for the USAID Office of Inspector General, Office of Investigations.
Sickle, 47, a chemist and a citizen of South Africa, pled guilty in May 2017 to a charge of theft concerning programs receiving federal funds. The plea, which was contingent upon the Court’s approval, called for an agreed-upon sentence of six months to 12 months and a day of incarceration. The Honorable Ketanji Brown Jackson accepted the plea today and sentenced Sickle accordingly. In addition to the restitution order, the judge issued a forfeiture money judgment of $206,250. Following his release, Sickle will be subject to deportation proceedings.
Based in Washington, D.C., USAID is a U.S. government agency that provides international development assistance and humanitarian aid worldwide. It implements and administers foreign assistance programs and funds, including those supporting global health, from dedicated offices (“missions”) around the world. USAID’s South Africa mission is one such office that works with local organizations in that country. USAID’s Office of Inspector General bases investigators in 11 countries outside the United States, including South Africa, and provides oversight of USAID programs and operations around the world.
According to a statement of offense, signed by the defendant as well as the government, Sickle was deputy executive director of the Wits Reproductive Health and HIV Institute, a South African research institute focusing on sexual and reproductive health as well as vaccine-preventable diseases. Its primary source of funding is USAID, and Sickle administered grant funds for projects. One such project involved a mobile electronic device software application, in connection with the South African National Department of Health, which would help facilitate safer childbirth deliveries in South Africa.
On Oct. 2, 2015, according to the statement of offense, Sickle and the institute’s chief executive officer signed a contract with a company called Alzar Consulting Services Ltd. to develop the childbirth app. Likewise, an individual named “Dr. Carla Das Neves” Alzar’s purported director, signed the contract. Pursuant to this contract, the institute made two payments to Alzar totaling $206,250. However, the childbirth app has never been developed.
Subsequent investigation revealed that Sickle created Alzar in the British Virgin Islands. Unbeknownst to anyone at the research institute, he was the sole owner of the company. Sickle also created e-mail accounts for Alzar and fake Alzar employees, including “Carla Das Neves.” He created a fake LinkedIn page for “Carla Das Neves,” which had a beach scene for a picture, and falsely claimed that “Carla Das Neves” was a trained expert in aid/relief work.
Sickle shepherded the research institute’s contract with Alzar through the approval and compliance process. He signed the contract both as himself and also as “Carla Das Neves.”
According to the statement of offense, Sickle did not perform any of the work required under the contract, nor did anyone else. None of the USAID money was used for its intended purpose to facilitate safer childbirth in South Africa. Instead, Sickle diverted the money to himself personally, and an associate.
Sickle resigned from his position last year. Agents with the USAID Inspector General’s Office arrested him in Washington, D.C., in February 2017. He has been in custody ever since.
This case was investigated by the U.S. Agency for International Development Office of Inspector General. It was prosecuted by Assistant U.S. Attorneys John P. Marston and Denise Simmonds and Special Assistant U.S. Attorney Vesna Harasic-Yaksic of the U.S. Attorney’s Office for the District of Columbia.
Two Men Found Guilty of Second Degree Murder While Armed in 2007 Slaying in Northeast WashingtonRead the Press Release
WASHINGTON – Reynaud Cook, 33, and Don Hancock, 33, both of Washington, D.C., have been found guilty by a jury of second-degree murder while armed for the July 2007 slaying of a man in Northeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
The verdict was returned July 26, 2017, following a trial in the Superior Court of the District of Columbia. The Honorable Judith Bartnoff scheduled sentencing for Oct. 20, 2017.
According to the government’s evidence, on July 17, 2007, Cook and Hancock, who were best friends and referred to each other as brothers, were in the Deanwood neighborhood of Northeast Washington. The victim, Nacarto Gladden, who was just three days shy of his 33rd birthday, was also in the neighborhood, in the back of a car parked behind a building in the 4900 block of Quarles Street NE. At about 4:30 a.m., Hancock, armed with a pistol, ripped Mr. Gladden from the back seat of the car and began assaulting him. Then, while Mr. Gladden struggled to disarm Hancock, Cook crept into the parking lot armed with a revolver and shot Mr. Gladden three times at close range.
Although Cook and Hancock were identified as suspects early in the investigation, they were not charged until 2013, when previously reluctant witnesses provided additional information and identified them as the perpetrators of the murder. Ballistics evidence and DNA also identified Cook and Hancock as the perpetrators of this crime. Both defendants have remained in custody since their arrests in 2013.
In announcing the verdict, U.S. Attorney Phillips and Chief Newsham praised the work of the detectives, officers, and crime scene technicians who investigated the case for the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences and the U.S. Marshals Service. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Deborah Sines, Gary Wheeler, and Elizabeth Danello; Chrisellen Kolb, Deputy Chief of the Appellate Division; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Program Specialist Benjamin Kagan-Guthrie; Supervisory Paralegal Specialist Sharon Newman; Lead Paralegal Specialist Meredith McGarrity; Paralegal Specialists Lornce Applewhite, Stephanie Gilbert, and Sandra Lane; Victim/Witness Advocate Marcia Rinker; Supervisory Victim/Witness Services Coordinator David Foster; Victim/Witness Security Specialists Katina Adams-Washington and LaJune Thames; Litigation Technology Specialist Leif Hickling; Administrative Services Specialist Sallie Rynas; Supervisory Criminal Investigator Chris Brophy; Investigative Analyst Zachary McMenamin; former Investigative Analyst Larry Grasso, and Interns Raul Rojo and Courtney Lutz.
Finally, they commended the work of Assistant U.S. Attorneys Sharon Donovan and Kimberley C. Nielsen who prosecuted the case at trial.
Two Cartel Members Found Guilty of Murder and Other Charges in Slaying of ICE Special Agent Jaime Zapata and Attempted Murder of ICE Special Agent Victor AvilaRead the Press Release
A federal jury found two Mexican nationals guilty today of murder of a federal officer, attempted murder of a federal officer, and related offenses in the killing of U.S. Immigration and Customs Enforcement (ICE) Special Agent Jaime Zapata and the attempted murder of ICE Special Agent Victor Avila on Feb. 15, 2011, in Mexico.
Attorney General Jeff Sessions, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia, Acting Director Andrew McCabe of the FBI and Acting Director Thomas D. Homan of ICE made the announcement.
The defendants, Jose Emanuel Garcia Sota, aka Juan Manuel Maldonado Amezcua, aka Zafado, 36, of San Luis Potosi, Mexico, and Jesus Ivan Quezada Piña, aka Loco, 29, of Matamoros, Mexico, are among seven Mexican nationals extradited to the U.S. on federal charges in this case.
“Drug cartels bring death and destruction across our Southern border and sell drugs that take lives all across America,” said Attorney General Sessions. “The work our ICE officers do every day to keep these criminals out of our country and secure our border is heroic and makes all of us safer. Today’s conviction of two cartel members in the horrific murder of ICE agent Jaime Zapata in Mexico is the next step in the Department of Justice’s ongoing efforts to dismantle the cartels and bring them to justice.”
“Today’s guilty verdicts for those responsible for the murder of ICE Special Agent Jamie Zapata and attempted murder of Special Agent Victor Avila are an important step forward for law enforcement as we continue on the path for justice,” said Acting Director McCabe. “As I’ve said before, an attack against a federal agent serving his or her country remains a top priority for the FBI, and today’s verdict demonstrates that we will not rest until those responsible for this heinous attack and the loss of a colleague have been brought to justice.”
“I applaud today’s verdict and hope that it provides some measure of solace to the victims and their families,” said Acting Director Homan. “Six years after these defendants ambushed and murdered Special Agent Jaime Zapata and seriously wounded Special Agent Victor Avila in Mexico, ICE remains committed to ensuring all those responsible for this cowardly and brutal attack are brought to justice. To that end, we are deeply grateful to the Government of Mexico, the Department of Justice, and all our partners involved in the pursuit and prosecution of these criminals. This serves as a reminder that we will not relent in our mission to ensure the safety and security of Americans, and we are unwavering in our resolve to locate and apprehend those who target the brave men and women of law enforcement, wherever they are. We continue to honor the memory of Special Agent Zapata with our steadfast commitment to eradicate the transnational criminal organizations that threaten the safety and security of our nation.”
Garcia Sota and Quezada Piña were found guilty of four federal offenses: murder of an officer or employee of the United States; attempted murder of an officer or employee of the United States; attempted murder of an internationally protected person; and using, carrying and brandishing and discharging a firearm during and in relation to a crime of violence causing death. The verdicts followed a trial that began July 10, in the U.S. District Court for the District of Columbia, during which the government presented testimony from 22 witnesses, including Special Agent Avila. The Honorable Senior Judge Royce C. Lamberth scheduled a status hearing for August 29. A sentencing date has not yet been set. The defendants both face mandatory life sentences for the murder conviction.
According to the government’s evidence at trial, Garcia Sota and Quezada Piña were members of two Los Zetas hit squads, or “estacas,” and were on a mission on the day of the shootings to steal vehicles for use in the cartel’s operations. On the afternoon of Feb. 15, 2011, Garcia Sota and Quezada Piña were among a group of cartel members who targeted an armored Chevrolet Suburban bearing diplomatic plates and driven by the Special Agents on a busy highway south of San Luis Potosi. Special Agent Zapata and Special Agent Avila were on official business, heading southbound to Mexico City, when the attack took place. During the ambush, the cartel members fired at and into the agents’ vehicle with handguns and semiautomatic assault weapons, including AK-47 and AR-15 type assault rifles. Special Agent Zapata, 32, was fatally shot, and Special Agent Avila then 38, was wounded. Investigators later found approximately 90 shell casings at the scene, according to the trial evidence.
Five other defendants, all Mexican nationals, previously pleaded guilty to federal charges in this case. Ruben Dario Venegas Rivera, aka Catracho, 29; Jose Ismael Nava Villagran, aka Cacho, 35; Julian Zapata Espinoza, aka Piolin, 36; and Alfredo Gaston Mendoza Hernandez, aka Camaron, 34, pleaded guilty to federal murder and attempted murder charges between August 2011 and October 2016. The fifth defendant, Francisco Carbajal Flores, aka Dalmata, 42, pleaded guilty in January 2012 to conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity and to being an accessory after the fact to the murder and attempted murder of the ICE agents. All five defendants are awaiting sentencing.
This case was investigated by the FBI, with substantial assistance from ICE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the U.S. Customs and Border Protection, the U.S. Department of State’s Diplomatic Security Service and the U.S. Marshals Service. The Government of Mexico provided substantial assistance throughout the investigative and prosecution phases of the case.
The case was prosecuted by Assistant U.S. Attorneys Michael C. DiLorenzo and Fernando Campoamor-Sanchez of the National Security Section of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorneys David Karpel and Karen Seifert of the Criminal Division’s Organized Crime and Gang Section and Narcotic and Dangerous Drug Section. Former Assistant Deputy Chief Andrea Goldbarg of the Narcotic and Dangerous Drug Section and Assistant U.S. Attorney Jocelyn Ballantine of the U.S. Attorney’s Office also served as members of the prosecution team at earlier stages of the litigation. The Criminal Division’s Office of International Affairs has provided substantial assistance.
Assistance also was provided by Victim/Witness Advocate Yvonne Bryant, Paralegal Specialist Mac Caille Petursson of the U.S. Attorney’s Office, and Paralegal Specialist Alejandra Arias of the Narcotic and Dangerous Drug Section.
Two Cartel Members Found Guilty of Murder and Other Charges in Slaying of ICE Special Agent Jaime Zapata and Attempted Murder of ICE Special Agent Victor AvilaRead the Press Release
WASHINGTON – A federal jury found two Mexican nationals guilty today of murder of a federal officer, attempted murder of a federal officer, and related offenses in the killing of U.S. Immigration and Customs Enforcement (ICE) Special Agent Jaime Zapata and the attempted murder of ICE Special Agent Victor Avila on Feb. 15, 2011, in Mexico.
Attorney General Jeff Sessions, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia, Acting Director Andrew McCabe of the FBI and Acting Director Thomas D. Homan of ICE made the announcement.
The defendants, Jose Emanuel Garcia Sota, aka Juan Manuel Maldonado Amezcua, aka Zafado, 36, of San Luis Potosi, Mexico, and Jesus Ivan Quezada Piña, aka Loco, 29, of Matamoros, Mexico, are among seven Mexican nationals extradited to the U.S. on federal charges in this case.
“Drug cartels bring death and destruction across our Southern border and sell drugs that take lives all across America,” said Attorney General Sessions. “The work our ICE officers do every day to keep these criminals out of our country and secure our border is heroic and makes all of us safer. Today’s conviction of two cartel members in the horrific murder of ICE agent Jaime Zapata in Mexico is the next step in the Department of Justice’s ongoing efforts to dismantle the cartels and bring them to justice.”
“With today’s guilty verdicts, a total of seven members of the violent Mexican drug cartel, Los Zetas, have now been brought to justice for the ruthless ambush that took the life of ICE Special Agent Jaime Zapata and that injured and could have killed ICE Special Agent Victor Avila,” said U.S. Attorney Phillips. “The victims of this horrific assault were in Mexico on official business serving our country. The prosecution of these defendants is a testament to the enormous resources devoted to this investigation by law enforcement in the United States and Mexico.”
“Today’s guilty verdicts for those responsible for the murder of ICE Special Agent Jamie Zapata and attempted murder of Special Agent Victor Avila are an important step forward for law enforcement as we continue on the path for justice,” said Acting Director McCabe. “As I’ve said before, an attack against a federal agent serving his or her country remains a top priority for the FBI, and today’s verdict demonstrates that we will not rest until those responsible for this heinous attack and the loss of a colleague have been brought to justice.”
“I applaud today’s verdict and hope that it provides some measure of solace to the victims and their families,” said Acting Director Homan. “Six years after these defendants ambushed and murdered Special Agent Jaime Zapata and seriously wounded Special Agent Victor Avila in Mexico, ICE remains committed to ensuring all those responsible for this cowardly and brutal attack are brought to justice. To that end, we are deeply grateful to the Government of Mexico, the Department of Justice, and all our partners involved in the pursuit and prosecution of these criminals. This serves as a reminder that we will not relent in our mission to ensure the safety and security of Americans, and we are unwavering in our resolve to locate and apprehend those who target the brave men and women of law enforcement, wherever they are. We continue to honor the memory of Special Agent Zapata with our steadfast commitment to eradicate the transnational criminal organizations that threaten the safety and security of our nation.”
Garcia Sota and Quezada Piña were found guilty of four federal offenses: murder of an officer or employee of the United States; attempted murder of an officer or employee of the United States; attempted murder of an internationally protected person; and using, carrying and brandishing and discharging a firearm during and in relation to a crime of violence causing death. The verdicts followed a trial that began July 10, in the U.S. District Court for the District of Columbia, during which the government presented testimony from 22 witnesses, including Special Agent Avila. The Honorable Senior Judge Royce C. Lamberth scheduled a status hearing for August 29. A sentencing date has not yet been set. The defendants both face mandatory life sentences for the murder conviction.
According to the government’s evidence at trial, Garcia Sota and Quezada Piña were members of two Los Zetas hit squads, or “estacas,” and were on a mission on the day of the shootings to steal vehicles for use in the cartel’s operations. On the afternoon of Feb. 15, 2011, Garcia Sota and Quezada Piña were among a group of cartel members who targeted an armored Chevrolet Suburban bearing diplomatic plates and driven by the Special Agents on a busy highway south of San Luis Potosi. Special Agent Zapata and Special Agent Avila were on official business, heading southbound to Mexico City, when the attack took place. During the ambush, the cartel members fired at and into the agents’ vehicle with handguns and semiautomatic assault weapons, including AK-47 and AR-15 type assault rifles.. Special Agent Zapata, 32, was fatally shot, and Special Agent Avila, then 38, was wounded. Investigators later found approximately 90 shell casings at the scene, according to the trial evidence.
Five other defendants, all Mexican nationals, previously pleaded guilty to federal charges in this case. Ruben Dario Venegas Rivera, aka Catracho, 29; Jose Ismael Nava Villagran, aka Cacho, 35; Julian Zapata Espinoza, aka Piolin, 36; and Alfredo Gaston Mendoza Hernandez, aka Camaron, 34, pleaded guilty to federal murder and attempted murder charges between August 2011 and October 2016. The fifth defendant, Francisco Carbajal Flores, aka Dalmata, 42, pleaded guilty in January 2012 to conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity and to being an accessory after the fact to the murder and attempted murder of the ICE agents. All five defendants are awaiting sentencing.
This case was investigated by the FBI, with substantial assistance from ICE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the U.S. Customs and Border Protection, the U.S. Department of State’s Diplomatic Security Service and the U.S. Marshals Service. The Government of Mexico provided substantial assistance throughout the investigative and prosecution phases of the case.
The case was prosecuted by Assistant U.S. Attorneys Michael C. DiLorenzo and Fernando Campoamor-Sanchez of the National Security Section of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorneys David Karpel and Karen Seifert of the Criminal Division’s Organized Crime and Gang Section and Narcotic and Dangerous Drug Section. Former Assistant Deputy Chief Andrea Goldbarg of the Narcotic and Dangerous Drug Section and Assistant U.S. Attorney Jocelyn Ballantine of the U.S. Attorney’s Office also served as members of the prosecution team at earlier stages of the litigation. The Criminal Division’s Office of International Affairs has provided substantial assistance.
Assistance also was provided by Victim/Witness Advocate Yvonne Bryant, Victim/Witness Services Coordinator Tonya Jones, Paralegal Specialist Mac Caille Petursson, and Intern Jake Yelin of the U.S. Attorney’s Office, and Paralegal Specialist Alejandra Arias of the Narcotic and Dangerous Drug Section.
District of Columbia Woman Sentenced to 63 Months in Prison for Her Role in Scheme That Used Stolen Identities to Fraudulently Seek Tax RefundsRead the Press Release
WASHINGTON – A District of Columbia woman was sentenced today to 63 months in prison for her involvement in a scheme to fraudulently obtain millions of dollars in income tax refunds, announced U.S. Attorney Channing D. Phillips; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; Special Agent in Charge Kimberly Lappin of the Internal Revenue Service Criminal Investigation (IRS-CI) Washington D.C. Field Office; Inspector in Charge Robert B. Wemyss of the U.S. Postal Inspection Service, Washington Division, and Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of the Treasury.
Tarkara Cooper, 34, was convicted by a jury on Feb. 17, 2017, for conspiring to commit theft of government funds and defraud the United States and theft of public money. Two of her co-defendants, Tony Bryant, 55, and his son, Brian Bryant, 29, both of Clinton, Md., were also convicted at trial and are awaiting sentencing.
Cooper was part of a massive sophisticated stolen identity refund fraud scheme that involved a network of more than 130 people, many of whom were receiving public assistance. Conspirators fraudulently claimed refunds for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. Returns were also filed in the names of, and refunds were issued to, willing participants in the scheme. The returns filed listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia. According to court documents, the overall case involved the filing of at least 12,000 fraudulent federal income tax returns that sought at least $42 million in refunds.
Conspirators played various roles in the scheme: stealing identifying information; allowing their personal identifying information to be used; creating and mailing fraudulent federal tax returns; allowing their addresses to be used for receipt of the refund checks; cashing the refund checks; providing bank accounts into which the refund checks were deposited and forging endorsements of identity theft victims on the refund checks. The false returns typically reported inflated or fictitious income from a sole proprietorship and claimed phony dependents to generate an Earned Income Tax Credit, a refundable federal income tax credit for working families with low to moderate incomes. To date, approximately two dozen participants in this scheme have pleaded guilty.
According to the evidence presented at trial, from approximately April 2010 through June 2012, Cooper and the Bryants participated in claiming $4,959,310 in fraudulent refunds, of which the IRS paid out approximately $2,285,717. Cooper agreed to allow her residence to be used for the delivery of tax refund checks, and was paid by a co-conspirator when she provided the tax refund checks to him. The Bryants deposited refund checks fraudulently obtained by others into accounts that they controlled.
In addition to the term of prison imposed, U.S. District Judge Rosemary M. Collyer ordered Cooper to serve three years of supervised release and to pay $1,926,958 in restitution to the IRS. She also ordered a forfeiture money judgment of $16,750.
U.S. Attorney Phillips, Acting Deputy Assistant Attorney General Goldberg, Special Agent in Charge Lappin, Inspector in Charge Wemyss, and Assistant Inspector General Phillips commended the special agents who conducted the investigation and acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein; Assistant U.S. Attorney Chrisellen Kolb; Paralegal Specialists Jessica Mundi, Aisha Keys, and Donna Galindo; former Paralegal Specialist Julie Dailey; Litigation Technology Specialist Ron Royal; Investigative Analysts William Hamann and Zachary McMenamin, and Victim/Witness Services Coordinator Tonya Jones. They also expressed appreciation for the work of Trial Attorneys Jeffrey B. Bender, Thomas F. Koelbl, and Jessica Moran of the Tax Division, who worked on the case.
Finally, they commended the work of Assistant U.S. Attorneys Ellen Chubin Epstein and Michelle Bradford of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorney Kimberly G. Ang of the Tax Division, who prosecuted the case, as well as Assistant U.S. Attorney Diane Lucas, who assisted with forfeiture issues.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
District Man Sentenced to Nine Years in Prison for Three Armed Robberies of Commercial EstablishmentsRead the Press Release
WASHINGTON – Anthony Burns, 24, of Washington, D.C., was sentenced today to nine years in prison for a series of armed robberies targeting commercial businesses, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Burns pled guilty in May 2017, in the U.S. District Court for the District of Columbia, to one count of conspiracy to interfere with interstate commerce by robbery, three counts of interference with interstate commerce by robbery, and one count of using, carrying, brandishing and possessing a firearm during a crime of violence. He was sentenced by the Honorable Amy Berman Jackson. Upon completion of his prison term, Burns will be placed on four years of supervised release. He also was ordered to pay $3,194 in restitution and an identical amount in a forfeiture money judgment.
Three others have pled guilty and been sentenced on federal charges related to their roles in the armed robberies, which targeted stores in Washington, D.C. and Maryland. They include Gregory Hull, 23, of Suitland, Md, Breyon Lee, 24, and Lee’s brother, Bradley Lee, 21, both of Washington, D.C. Hull and Breyon Lee were each sentenced to 51 months in prison, and Bradley Lee was sentenced to a 48-month prison term. All will be placed on three years of supervised release following completion of their prison terms, and all must pay restitution.
According to the government’s evidence, on Nov. 27, 2015, at approximately 2 p.m., store surveillance video captured Burns, Hull, and an unidentified co-conspirator, who were masked and armed with handguns, as they robbed the City Beats shoe store, in the 3000 block of Martin Luther King, Jr. Avenue SE. The men ordered everyone in the store to get on the floor. Burns approached a store employee with his gun drawn and demanded that the employee open the cash register. Burns, Hull, and their accomplice fled with approximately $1,594 in stolen cash and eight pairs of stolen shoes, valued at $1,600.
According to the government’s evidence, on Dec. 13, 2015, at approximately 4:40 a.m., Burns and an unidentified co-conspirator entered the 7-Eleven convenience store in the 4600 block of South Capitol Street SW. Surveillance video showed that both men tried to conceal their identities using masks and hooded garments, and Burns was armed with a handgun. Burns pointed a gun at a store employee’s head, grabbed him behind the collar, and forced him behind the store counter. Burns demanded money from the cash register and a safe underneath the counter. When the employee was unable to open the register and safe, Burns struck him on the back of his head with the gun, causing a laceration. A second employee came out of the bathroom, and Burns’s accomplice forced the employee to open the cash registers. Burns and his accomplice grabbed an undetermined amount of cash from the registers and several packs of cigarettes and cigars.
About 40 minutes after the 7-Eleven robbery, government evidence shows, Burns and the accomplice entered another 7-Eleven store in the 900 block of Eastern Avenue NE, again wearing masks and hooded garments. Burns jumped over the counter and pointed the gun at the cashier, demanding money from the cash register. The employee opened both registers. Burns and his accomplice grabbed an undetermined amount of cash and fled.
Burns was arrested pursuant to an arrest warrant on Dec. 29, 2015.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Chief Newsham commended the actions of those who worked on the case from the FBI’s Washington Field Office and the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the Prince George’s County, Md. Police Department. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Assistant U.S. Attorney Margaret Barr, Paralegal Specialist Catherine O’Neal, and Legal Assistant Peter Gaboton. Finally, they commended the work of Assistant U.S. Attorney Jamila Hodge, who prosecuted the case.
District Man Pleads Guilty to Bank RobberyRead the Press Release
WASHINGTON – Kevin Aguilar, 24, of Washington, D.C., pled guilty today to a federal bank robbery charge stemming from a hold-up he committed earlier this year at a bank in downtown Washington, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Aguilar entered the plea in the U.S. District Court for the District of Columbia. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, Aguilar faces a likely range of 57 to 71 months in prison and a fine of up to $150,000. The plea agreement calls for him to pay $852 in restitution and an identical amount in a forfeiture money judgment. The Honorable Reggie B. Walton scheduled sentencing for Oct. 12, 2017.
According to the government’s evidence, on Jan. 26, 2017, at approximately 11:15 a.m., Aguilar entered a Capital One Bank in the 1200 block of F Street NW. He gave the teller a note in which he threatened to shoot the teller unless he immediately was given $10,000. The teller handed over $852, and Aguilar fled. He later was identified through bank surveillance footage and other evidence. Aguilar was arrested on April 18, 2017, and has been in custody ever since.
As part of the plea, Aguilar also admitted attempting to rob a BB & T bank in the 600 block of 13th Street NW on June 24, 2016. In that incident, he demanded money and stated, “I’m going to count to three and I’ll shoot … one.” The teller pressed an alarm and he fled without any cash. Aguilar was identified as the robber through surveillance videos and other evidence.
In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Chief Newsham commended the work of those who investigated the case from the FBI’s Washington Field Office and MPD. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section, and Paralegal Specialist Teesha Tobias. Finally, they commended the work of Assistant U.S. Attorneys Akhi Johnson and Lisa Walters, who investigated and prosecuted the case.
District Man Found Guilty of Charges in Killings of Two Roommates in Northwest WashingtonRead the Press Release
WASHINGTON – Jeffrey Neal, 25, of Washington, D.C., was found guilty by a jury today of charges stemming from the slayings of his two roommates, whose bodies were found at their residence in Northwest Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Neal was found guilty of two counts of first-degree murder while armed, with aggravating circumstances, and related offenses. The verdict followed a trial in the Superior Court of the District of Columbia. The Honorable Chief Judge Robert E. Morin scheduled sentencing for Oct. 20, 2017.
According to the government’s evidence, on June 12, 2014, at approximately 11:35 a.m., officers with the Metropolitan Police Department (MPD) were dispatched to a house in the 1800 block of Eighth Street NW for a report of an unconscious person. The body of Leon Young, 22, was discovered in the attic, naked except for a black plastic bag tied around his head. Neal was arrested the following day and charged with Mr. Young’s murder.
On June 16, 2014, police returned to the house and discovered the body of Delano Wingfield, 23, in a shallow grave in the backyard. He was naked except for a pair of socks.
An investigation determined that both men were beaten multiple times in the head with a hammer. During the investigation, police learned that Mr. Young and Mr. Wingfield were childhood friends with the defendant. When the police interviewed Neal, he confessed to killing Mr. Young. He claimed he killed Mr. Young in self-defense, after Mr. Young allegedly confessed to killing Mr. Wingfield. Neal claimed he hit Mr. Young twice in the head with a hammer in self-defense. However, the autopsy of Mr. Young revealed that Mr. Young had been hammered in the head at least 26 times. Some of those blows were after the black plastic bag had been placed on Mr. Young’s head. Further, according to the government’s evidence, DNA evidence of Mr. Wingfield’s blood was found in various locations in Neal’s bedroom. Also, Neal told detectives that he left a pair of socks on Mr. Young’s body. However, Mr. Young was not discovered with socks. It was Mr. Wingfield’s body that had on a pair of socks.
In announcing the verdict, U.S. Attorney Phillips and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences; the FBI’s Cellular Analysis Survey Team; the FBI’s DNA Casework Unit; the District of Columbia Office of the Chief Medical Examiner; Bode Cellmark Forensics, and the New Smyrna Beach Police Department of New Smyrna Beach, Fla.
They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Sharon Donovan, Deputy Chief of the Homicide Section; Chrisellen Kolb, Deputy Chief of the Appellate Section; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Litigation Technology Specialist Leif Hickling; Paralegal Specialist Kelly Blakeney; former Paralegal Specialists Fern Rhedrick, Amoret Vanterpool, and Vanessa Trent-Valentine; Marcia Rinker, David Foster, LaJune Thames, and Katina Adams-Washington, all of the Victim/Witness Assistance Unit; Criminal Investigators John Marsh, Durand Odom, and Zachary McMenamin; Forensic Operation/Program Specialist Benjamin Kagan-Guthrie, Contract Specialist Sallie Rynas; Interns Hayley Poindexter and Simone Unwalla, and former intern Benjamin Symons.
Finally, they commended the work of Assistant U.S. Attorneys Shana L. Fulton and Veronica Sanchez, who investigated and prosecuted the case.
Washington, D.C. Post Office Manager and Two Letter Carriers Found Guilty of Bribery and Conspiracy to Distribute MarijuanaRead the Press Release
A U.S. Postal Service (USPS) post office manager and two letter carriers were convicted Friday after a week-long jury trial in the U.S. District Court for the District of Columbia on one count each of conspiracy to commit bribery, bribery and conspiracy to distribute marijuana as a result of their roles in a scheme to use their positions at the USPS to deliver hundreds of pounds of marijuana to individuals in the District of Columbia in exchange for cash. Acting Assistant Attorney General Kenneth A. Blanco of the Department of Justice’s Criminal Division made the announcement.
According to the evidence presented at trial, Deenvaughn Rowe, 48, of Odenton, Md., was the Acting Manager of the River Terrace Post Office. Rowe used his USPS computer to track packages containing marijuana mailed from the West Coast to the Lamond-Riggs Post Office in Washington, D.C. The packages were typically addressed to fictitious individuals or non-existent addresses. The evidence at trial revealed that once the packages arrived at the Lamond-Riggs Post Office, Rowe would coordinate the delivery of the packages with Lamond-Riggs Post Office Letter Carrier Kendra Brantley, 32, of Washington, D.C., and Carrier Technician Alicia Norman, 39, also of Washington, D.C., by cell phone and text message. The evidence presented at trial showed that once the packages of marijuana arrived at the Lamond-Riggs Post Office, Brantley and Norman would load the packages into their postal vehicles, and,, in coordination with Rowe, deliver them to individuals they met on the street in exchange for cash.
Norman will be sentenced September 12, Brantley on September 15 and Rowe on October 2, before the Honorable Tanya S. Chutkan, U.S. District Judge for the District of Columbia.
This case was investigated by the USPS Office of the Inspector General’s Capital Metro Field Office, and the Postal Inspection Service’s Washington Division. Trial Attorneys Mark J. Cipolletti, Shamiso Maswoswe, Molly Gaston and Nicholas Connor of the Criminal Division’s Public Integrity Section are prosecuting the case.
District Woman Pleads Guilty to Fatally Beating Man at Her Apartment in Northeast WashingtonRead the Press Release
WASHINGTON – Thomasine Bennett, 67, of Washington, D.C., pled guilty today to a charge of voluntary manslaughter for killing her 63-year-old boyfriend earlier this year at her apartment in Northeast Washington, U.S. Attorney Channing D. Phillips announced.
Bennett pled guilty in the Superior Court of the District of Columbia. The plea agreement, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of 10 years in prison. The Honorable José M. Lopez set a hearing for Sept. 22, 2017 to determine whether to accept the plea and sentence.
According to a proffer of facts submitted at today’s hearing, on Feb. 17, 2017, at approximately 12:55 p.m., officers with the Metropolitan Police Department (MPD) received a call to investigate trouble at an apartment in the 700 block of 21st Street NE. Upon arrival, officers found the victim, Walter M. Clark, unconscious and unresponsive inside a hallway closet with multiple brises to the body. The District of Columbia Department of Fire and Emergency Medical Services transported Mr. Clark to a hospital, where he was pronounced dead. An autopsy later determined that Mr. Clark died from multiple blunt force trauma.
Bennett met police officers when they arrived on the scene. According to the proffer, she stated that her boyfriend was in the back and that he made her smoke “Love Boat” the previous night. She directed officers to the hallway closet. Investigators quoted Bennett as saying that she beat Mr. Clark with a baseball bat over the last day and a half. She was arrested and has been in custody ever since.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Marcey Rinker, and Assistant U.S. Attorney Katherine Earnest, who investigated and prosecuted the matter.
Maryland Man Found Guilty of First-Degree Murder While Armed and Other Charges in 2015 Shooting in Northwest WashingtonRead the Press Release
WASHINGTON – Mark Beasley, 44, of Laurel, Md., has been found guilty by a jury of first-degree murder while armed, assault with intent to kill while armed, and related weapons offenses for a shooting in April 2015 in which one man was killed and another was injured, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Beasley was found guilty on July 19, 2017, following a trial in the Superior Court of the District of Columbia. The Honorable José M. Lopez scheduled sentencing for Oct. 13, 2017.
According to the government’s evidence, on Saturday, April 25, 2015, Darryn Conte, his older brother, and a close family friend went to the Takoma Station Tavern in Northwest Washington to support their friend, a percussionist in a band. At the end of the night, at about 2 a.m. on April 26, 2015, the close family friend was driving Mr. Conte to his truck that was parked nearby when they were approached by Beasley. An argument ensued. Mr. Conte and his close friend eventually drove into the next block, the 400 block of Butternut Street NW, where Mr. Conte’s vehicle was parked, to wait for Mr. Conte’s brother and the percussionist.
As they waited, Beasley approached their vehicle. While Mr. Conte’s brother and the percussionist looked on, Beasley opened fire on the vehicle. Mr. Conte, 39, was shot multiple times and died. His friend was shot once and survived his injury. Beasley was arrested on April 30, 2015 and has been in custody ever since.
In announcing the verdict, U.S. Attorney Phillips and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Chrisellen Kolb, Deputy Chief of the Appellate Section; Assistant U.S. Attorney Nicholas Coleman; Supervisory Victim/Witness Services Coordinator David Foster; Victim/Witness Advocates Jennifer Clark and Diana Lim; Program Specialist Benjamin Kagan-Guthrie; Investigative Analyst Zachary McMenamin; Supervisory Litigation Technology Specialist Joshua Ellen; Litigation Technology Specialists Anisha Bhatia and Kimberly Smith; Supervisory Paralegal Specialist Sharon Newman; Paralegal Specialist Alesha Matthews-Yette, and Interns Sanjana Biswas, Alexandra Maher, and Simone Umwalla.
Finally, they commended the work of Assistant U.S. Attorneys Gary Wheeler and Michelle D. Jackson, who investigated and prosecuted the case.
District Man Sentenced to 42 Months in Prison for 18th Street Gang CrimesRead the Press Release
WASHINGTON – Bryan Montesino, 19, of Washington, D.C., was sentenced today to a total of 42 months in prison for two attacks he carried out last year at the Columbia Heights Metro station, announced U.S. Attorney Channing D. Phillips, Peter Newsham, Chief of the Metropolitan Police Department (MPD), and Ron Pavlik, Chief of the Metro Transit Police.
For one of the attacks, a jury found Montesino guilty of assault with intent to commit robbery while armed, criminal street gang participation, felony threats, and a weapons offense. That verdict was returned on May 17, 2017. On the following day, Montesino pled guilty to a charge of assault with a dangerous weapon for his role in the other offense.
Montesino was sentenced in the Superior Court of the District of Columbia by the Honorable Maribeth Raffinan. Following his prison term, he will be placed on five years of supervised release.
In the trial, the government’s evidence established that on Sept. 15, 2016, at about 5:45 p.m., a group of men approached the victim as he entered the Columbia Heights Metro station. The men, including Montesino, repeatedly told the victim that they were members of the 18th Street gang and accused him of being a member of MS-13, a rival gang.
The group demanded the victim’s belongings and surrounded him as he tried to get away. When the victim refused to give the group his belongings, Montesino threatened to stab the victim and gestured as if he had a weapon. Another member of the group punched the victim in the face before the group dispersed and the victim was able to flee to safety.
Montesino was apprehended 15 minutes later, within blocks of the Metro station. He had a switchblade knife and a shank on his person at the time of his arrest. After his arrest and detention at the District of Columbia Jail, Montesino made a number of recorded jail calls, in which he referenced his involvement and participation in the 18th Street gang, as well as the gang’s rivalry with MS-13.
In his guilty plea, Montesino admitted that on Sept. 12, 2016, shortly after 4 p.m., he and six other men surrounded two victims after the victims got off a Metrobus at the Columbia Heights Metro station. They surrounded the victims and identified themselves as members of the 18th Street gang. Both victims observed Montesino pull out and display a black handgun before placing it back inside of a backpack. Montesino then approached one of the victims and threatened to kill him while gesturing towards his waistband as if concealing a weapon. Montesino explained that he was retaliating for an incident a couple of weeks earlier when he felt threatened by someone whom he believed to be a member of the rival MS-13 gang. Meanwhile, another assailant approached the second victim and demanded his belongings. Both victims were able to flee from the scene and notify police.
In announcing the sentence, U.S. Attorney Phillips, Chief Newsham, and Chief Pavlik commended the work of those who investigated the case from Metropolitan Police Department and the Metro Transit Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Daniel Lenerz, Fernando Campoamor-Sanchez, Kathryn Rakoczy, and Jennifer Kerkhoff; Victim/Witness Advocate Diana Lim; Paralegal Specialists Tiffany Fogle and Richard Cheatham; Criminal Investigators Mark Fitzgerald and Nelson Rhone, and Litigation Technology Specialist William Henderson.
Finally, they acknowledged the efforts of Assistant U.S. Attorneys Ahmed Baset, who prosecuted the case, and Monica Trigoso, who investigated and prosecuted the case.
Virginia Man Sentenced to 66 Months in Prison for Traveling into the District of Columbia to Engage in Illicit Sexual Conduct with a MinorRead the Press Release
WASHINGTON - Scott Casoni, 47, of Alexandria, Va., was sentenced today to 66 months in prison for traveling interstate to engage in illicit sexual conduct with a minor and tampering with documents or proceeding, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Casoni pled guilty in April 2017 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Rudolph Contreras. Following his prison term, Casoni will be placed on 10 years of supervised release. He also will be required to register as a sex offender for a period of 15 years.
According to the government's evidence, on June 6, 2016, Casoni contacted an undercover officer with the FBI's Child Exploitation Task Force, through a social network site. Over the next few weeks, Casoni engaged in text messaging with the undercover officer. During this period of time, Casoni arranged with the undercover officer to meet in Washington, D.C. for the purpose of engaging in sexual acts with a female who was a minor. On June 30, 2016, Casoni traveled from Virginia to a pre-arranged meeting place in Washington, D.C. When he arrived at the meeting place, he was arrested. He has been in custody ever since.
Additionally, on July 6, 2016, while Casoni was detained at the District of Columbia Department of Corrections, he contacted a family member in an effort to persuade the family member to change his password on all of his e-mail accounts, uninstall all of his messenger applications, and remove several electronic devices from the home.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director Vale, and Chief Newsham praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Criminal Investigator John Marsh, of the U.S. Attorney’s Office, and Assistant U.S. Attorney Lindsay Suttenberg, who prosecuted the case.
Man Sentenced to Jail Term and Ordered to Pay $613,025 in Restitution for Scheme That Fraudulently Generated Tax RefundsRead the Press Release
WASHINGTON - William S. Wilson, 68, of Temple Hills, Md., was sentenced today to six months in jail, to be followed by six months of home detention, for initiating an identity theft and false tax refund scheme that illegally generated more than $600,000 in refunds.
The sentencing was announced by U.S Attorney Channing D. Phillips, Special Agent in Charge Kimberly Lappin of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington D.C. Field Office, and Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of the Treasury.
Wilson pled guilty in October 2016, in the U.S. District Court for the District of Columbia, to a charge of conspiracy to defraud the United States with respect to claims. He was sentenced by the Honorable Christopher R. Cooper. Following his jail term, Wilson will be placed on three years of supervised release, which is to include the period of home detention. Judge Cooper also ordered Wilson to pay $613,025 in restitution to the IRS.
According to the government’s evidence, from approximately June 2010 through May 2012, Wilson prepared and electronically filed with the IRS federal income tax returns, in the names of various individuals, claiming tax refunds, knowing that these claims were false, fictitious, and fraudulent. Some of the people for whom Wilson prepared returns brought him lists of names and Social Security numbers, including stolen identifying information. Wilson was paid $50 for each fictitious Form W-2 and $100 for each fraudulent individual income tax return that he prepared by the person for whom he prepared it.
Wilson used bank accounts under his control for the direct deposit of fraudulently obtained tax refunds. He also recruited another individual, Tamika Witherspoon, to permit the use of her bank accounts for the direct deposit of fraudulently obtained tax refunds and to negotiate fraudulently obtained U.S. Treasury refund checks. The two split a portion of the proceeds from the deposit of these tax refunds, each receiving approximately $500 to $1,000 per tax refund, with the remaining proceeds going to other co-conspirators.
Wilson electronically filed approximately 186 individual income tax returns, claiming fraudulent refunds of $613,205. In court documents, the government estimated that Wilson personally received at least $151,050 to $212,050 for his participation in the scheme.
Witherspoon, 31, of Washington, D.C., pled guilty in June 2017 to a charge of conspiracy to defraud the United States with respect to claims. She is to be sentenced on Sept. 11, 2017.
In announcing the sentence, U.S. Attorney Phillips, Special Agent in Charge Lappin, and Assistant Inspector General Phillips commended the work of those who investigated the case. They also expressed appreciation for the assistance provided by the District of Columbia Office of Tax and Revenue and the U.S. Marshals Service. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Jonathan P. Hooks and Paralegal Specialist Jessica Mundi. Finally, they commended the work of Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted the case.