District of Columbia
Press releases recorded for this federal judicial district.
Maryland Man Found Guilty of Assaulting Five Women at Knifepoint in Attacks Near Metro StationsRead the Press Release
WASHINGTON - Demetrius Banks, 32, of Riverdale, Md., has been found guilty of 23 felony counts for assaulting five women at knifepoint who were walking home alone from the Fort Totten and Brookland Metro stations, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD). Two of the victims were sexually assaulted.
The verdicts were delivered yesterday and today and followed a four-week trial in the Superior Court of the District of Columbia. Banks was found guilty of three counts of first-degree sexual abuse while armed with aggravating circumstances; one count of attempted first-degree sexual abuse with aggravating circumstances; one count of third-degree sexual abuse with aggravating circumstances; five counts of robbery while armed; four counts of kidnapping while armed; four counts of assault with a dangerous weapon; four counts of threats, and one count of credit card fraud. The Honorable José M. Lopez scheduled sentencing for Jan. 27, 2017. Banks remains in custody pending sentencing.
According to the government’s evidence, the assaults occurred over a one-month period, from July 28 to Aug. 28, 2015, and included this series of attacks:
July 28, 2015: The defendant’s first victim, a 21-year-old cashier, was walking home alone after work, headed from the Fort Totten Metro station at about 10:30 p.m. The victim encountered Banks, a stranger to her, standing in the unit block of Riggs Road NE. As she passed him, he suddenly grabbed her from behind, pressed a knife to her side, and threatened to kill her. He forced her at knifepoint into a dark driveway behind a school. He then raped her and robbed her. The victim was taken to Washington Hospital Center, where she underwent a sexual assault examination, which included collection of forensic evidence.
July 31, 2015: The second victim, a 26-year-old bartender, was walking home from the Fort Totten Metro station at about midnight, in the 800 block of Gallatin Street NE. Banks pretended to be leaving a house on the block, then grabbed the victim from behind and forced her at knifepoint into a dark alleyway, where he robbed her.
Aug. 4, 2015: The third victim, a 26-year-old government employee, was walking home from the Fort Totten Metro station at approximately 10:30 p.m., taking the same route as the first victim. In the unit block of Riggs Road NE - across the street from where the defendant had committed a sexual assault exactly one week earlier - Banks grabbed this victim from behind, threatened her with a knife, and began dragging her by her hair into a nearby wooded area. When a passerby saw the assault and intervened, Banks grabbed the victim’s purse and fled.
Aug. 23, 2015: The fourth victim, a 41-year-old server, was walking home from the Fort Totten Metro station at about 3:30 a.m. when Banks approached her and demanded she give him her property. He was again armed with a knife. This robbery occurred in the 600 block of Gallatin Street NE, a couple of blocks from the July 31, 2015 attack.
Aug. 28, 2015: The fifth victim, a 22-year-old waitress, was walking home from the Brookland Metro station, one stop from the Fort Totten station, at about midnight. Banks pretended to arrive at a house, and when the victim passed him by, he grabbed her from behind and forced her at knifepoint into a dark driveway. In the driveway, he raped and robbed her. The victim was able to escape and ran naked into the middle of the street, where police officers happened to drive by and find her. She was also taken to Washington Hospital Center and underwent a sexual assault examination, which included collection of forensic evidence.
Detectives with the Metropolitan Police Department obtained surveillance footage of the defendant using the fifth victim’s credit card shortly after sexually assaulting and robbing her. This footage was broadcast by the news media, and tips led to the identification of Banks as a suspect. In subsequent forensic testing, the defendant’s DNA was found on evidence collected during the sexual assault examinations of the two victims. The police investigation also uncovered that Banks had used the credit cards of the third and fifth victims at convenience stores shortly after those assaults. In addition, investigation by the Metro Transit Police Department revealed that Banks had been using the Metro cards of both sexual assault victims to travel around the city. When search warrants were executed for the defendant’s home and property with the assistance of the Prince George’s County Police Department, police recovered numerous items of property belonging to the third and fifth victims, as well as victims from unrelated cases. Banks was arrested on Sept. 4, 2015.
In announcing the verdicts, U.S. Attorney Phillips and Interim Chief Newsham commended the work of detectives from the Metropolitan Police Department’s Sexual Assault Unit and Fourth Police District, as well as the Metro Transit Police Department. They also commended those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Patricia A. Riley, Chrisellen Kolb, and Deborah Sines; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Paralegal Specialists D’Yvonne Key, Angelina Slagle, Michelle Wicker, Kathryn Hoey, and Benjamin Kagan-Guthrie; Victim/Witness Advocates Lezlie Richardson, Tracey Hawkins, and Veronica Vaughan; Litigation Technology Specialists Leif Hickling and Anisha Bhatia; David Foster, Katina Adams-Washington, and La June Thames, all of the Victim/Witness Assistance Unit; Criminal Investigators Durand Odom and Mark Crawford; Investigative Analysts William Hamann and Sharon Johnson, and Computer Forensic Examiner John Marsh. Finally, they acknowledged the efforts of Assistant U.S. Attorneys Jason Park and Julianne Johnston, who investigated and are prosecuting the case.
Attorney General Lynch Recognizes Child Exploitation Task Force with Award for Distinguished ServiceRead the Press Release
WASHINGTON - Attorney General Loretta E. Lynch today recognized a team from the U.S. Attorney’s Office for the District of Columbia, the FBI’s Washington Field Office, and the Metropolitan Police Department (MPD) for its exceptional work against child exploitation and human trafficking in the Washington, D.C. area.
The team members were among 376 Justice Department employees and 47 individuals outside of the department to receive Attorney General Awards at a ceremony in Washington, D.C. Today’s 64th annual ceremony recognized individuals for their outstanding service and dedication to carrying out the missions of the Department of Justice.
The Washington Metro Child Exploitation Task Force was honored with the award for Distinguished Service, one of the Justice Department’s highest honors. The task force, consisting of members from the FBI’s Washington Field Office, MPD, and the U.S. Attorney’s Office, has played an instrumental role in identifying, disrupting and dismantling the most egregious perpetrators in child exploitation and human trafficking within the greater Washington, D.C., metropolitan area and beyond its area of responsibilities. The team has demonstrated a history of success in penetrating the secret and often reclusive cyber world of child predators.
“The Attorney General’s Awards provide us with a rare opportunity to honor the efforts of outstanding department employees and our invaluable partners across the federal government and at the state and local levels,” said Attorney General Lynch. “Their work has made our nation – and our world – stronger, safer and more just, and I am proud of and inspired by each and every one of them.”
“These awards are a fitting tribute for a longstanding task force whose members literally work around the clock to rescue children from sexual abuse and exploitation,” said U.S. Attorney Channing D. Phillips. “The selfless teamwork and unwavering dedication displayed by the Child Exploitation Task Force are emblematic of the tremendous and critical work being done each day by law enforcement to protect vulnerable victims from dangerous predators who lurk in cyberspace and our community.”
“The members of the Washington Metro Child Exploitation Task Force have done exemplary work in protecting the most vulnerable members of our society,” said Assistant Director in Charge Abbate. “These agents, analysts, and task force officers have worked tirelessly and skillfully to investigate, disrupt, and bring to justice those who exploit and abuse children. Every day, they are faced with some of the most challenging and critical work in law enforcement, and today they have been honored for their truly heroic work.”
“Through collaboration with our partners and an unwavering dedication of each agency to make the Internet safer for children, we will continue to ensure the safety of our children as a top priority,” said Peter Newsham, Interim Chief of the Metropolitan Police Department.
The Distinguished Service Award is one of the Justice Department’s highest honors for employee performance. Recipients exemplify the highest commitment to the Justice Department’s mission. The team members who were honored today include Cyber Division Supervisory Special Agent Brenda K. Born, Supervisory Special Agent Andrew Patrick Leithead, Special Agents Sean P. Clark, Jenny M. Cutalo-Patterson, Tonya Sturgill Griffith, Alicia M. McShane and Jennifer N. Edwards and Intelligence Analyst Heather L. Gordon Ph.D., all from the FBI’s Washington Field Office; Detectives Jonathan K. Andrews Sr. and Timothy R. Palchak, from the Metropolitan Police Department; and Assistant U.S. Attorneys Andrea L. Hertzfeld, Cassidy M. Pinegar, Ari B. Redbord and Lindsay J. Suttenberg and Computer Forensic Examiner John E. Marsh, from the U.S. Attorney’s Office of the District of Columbia.
In announcing the award, the Justice Department commended the task force for its extraordinary dedication, innovative techniques and commitment in identifying and prosecuting these predatory offenders. During 2014 and 2015, the work of the recipients resulted in the rescue of numerous children who were victims of ongoing abuse and exploitation. Undercover officers act swiftly when they learn of victims of sexual abuse and child pornography, and their work has led to arrests of defendants in Ohio, North Carolina, Indiana, Texas, Pennsylvania, and other locations. The task force also assisted in identifying and locating more than 60 victims of sexual abuse and child pornography.
Former Background Investigator for Federal Government Sentenced for Making a False StatementRead the Press Release
WASHINGTON – Edward J. Kincade, 63, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), was sentenced today to 60 days of incarceration for his falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Channing D. Phillips and Norbert E. Vint, Deputy Inspector General for the Office of Personnel Management (OPM).
Kincade, of Guyton, Ga., pled guilty in August 2016, in the U.S. District Court for the District of Columbia, to making a false statement. He was sentenced by the Honorable Randolph D. Moss. Following the period of incarceration, Kincade will be placed on three years of supervised release; the first six months of that time must be spent on home detention. Kincade also must perform 100 hours of community service and pay $264,312 in restitution to the federal government.
According to a statement of offense submitted to the Court, Kincade was employed by USIS, formerly known as U.S. Investigations Services Inc. In that role, Kincade was an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services, which now is known as the National Background Investigations Bureau.
Between August 2011 and September 2012, in more than 30 Reports of Investigations on background investigations, Kincade represented that he had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, he had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, for receiving or retaining security clearances, or for positions of public trust.
Kincade’s false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $264,312 to the U.S. government.
Federal Investigative Services has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Kincade, 22 other background investigators and two record checkers have been convicted of charges.
Federal Investigative Services, through its workforce of approximately 5,400 field investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.4 million investigations during the 2015 fiscal year. More than 600,000 of these investigations involved applicants for access or continued access to classified information.
In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation. After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.
In announcing the sentence, U.S. Attorney Phillips and Deputy Inspector General Vint praised the efforts of Special Agent Shantel Robinson, OPM, Office of the Inspector General, and Philip Kroop, Kevin Cassidy, and Jeffrey Addicks, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Jessica Mundi of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.
Medical Device Maker Biocompatibles Pleads Guilty to Misbranding and Agrees to Pay $36 Million to Resolve Criminal Liability and False Claims Act AllegationsRead the Press Release
WASHINGTON – Pennsylvania-based medical device manufacturer Biocompatibles Inc., a subsidiary of BTG plc, pleaded guilty today to misbranding its embolic device LC Bead and will pay more than $36 million to resolve criminal and civil liability arising out of its illegal conduct, the Justice Department announced today. LC Bead is used to treat liver cancer, among other diseases.
Under the terms of the plea agreement before the U.S. District Court for the District of Columbia, Biocompatibles pleaded guilty to a misdemeanor charge in connection with the company’s misbranding of LC Bead, in violation of the Food, Drug and Cosmetic Act. LC Bead was cleared by the U.S. Food and Drug Administration (FDA) as an embolization device that can be placed in blood vessels to block or reduce blood flow to certain types of tumors and arteriovenous malformations. LC Bead has never been cleared or approved by FDA as a drug-device combination product or for use as a drug-delivery device or “drug-eluting” bead.
As part of the criminal resolution, Biocompatibles will pay an $8.75 million criminal fine for the misbranding of LC Bead and a criminal forfeiture of $2.25 million. The FDA sought assurances in 2004 that Biocompatibles would not use FDA clearance for the device for embolization to market the device for drug delivery, according to a statement of offense to which the company agreed. Biocompatibles told the FDA that “under no circumstance” would the company use the embolization clearance to market the device for drug delivery. However, two years later, Biocompatibles began marketing LC Bead for drug delivery through the company it hired to carry out its sales and distribution in the United States. According to the statement of offense, the distribution company told its sales representatives that LC Bead was “[a] drug-delivery device” and trained its sales representatives to “aggressively penetrate the chemoembolization market.” Sales representatives subsequently told health care providers that the device increased the level of chemotherapy delivered to a liver tumor and resulted in “better tumor response rates,” despite the lack of FDA clearance or approval for that use and despite the absence at that time of statistically significant evidence to support such claims.
“The FDA approval process serves an important role in ensuring that federal health care participants receive devices that are safe, effective and medically appropriate,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “We will not permit companies to circumvent that process and put profits over patient safety.”
“This company is being held criminally and civilly responsible for misbranding a medical device and marketing it for the treatment of seriously ill cancer patients,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “Working with the FDA and other law enforcement partners, we are committed to holding companies accountable for violating the integrity of the FDA approval process.”
In addition, Biocompatibles will pay $25 million to resolve civil allegations under the False Claims Act that the company caused false claims to be submitted to government healthcare programs for procedures in which LC Bead was loaded with chemotherapy drugs and used as a drug-delivery device. When LC Bead was combined with prescription drugs for use as a drug-eluting bead, it constituted a new combination drug-device product that was not approved or cleared by the FDA and not covered by Medicare and other federal health care programs. The federal share of the civil settlement is approximately $23.6 million, and the state Medicaid share of the civil settlement is approximately $1.4 million.
As part of the civil settlement, the government alleged that when LC Bead entered the U.S. market in 2005, Biocompatibles intended for LC Bead to be used as a drug-delivery device in combination with chemotherapy drugs, despite the lack of FDA approval as a drug-device combination product. In December 2009, Biocompatibles filed an application with FDA for approval of LC Bead as a drug-eluting bead combination product. However, FDA informed the company that it was not accepting the application because clinical studies did not provide adequate evidence of a therapeutic benefit. Nonetheless, Biocompatibles’ distributor routinely advised healthcare providers that LC Bead provided “better” or “superior” therapy for certain types of cancer when, in fact, there was insufficient clinical evidence to support these claims.
“The FDA plays a fundamental role in ensuring the safety and efficacy of medical devices and drugs in this country,” said U.S. Attorney Richard L. Durbin Jr. of the Western District of Texas. “The FDA approval process and clinical studies serve to ensure that patients receive devices that meet those standards. We will vigorously pursue those who ignore or seek to circumvent these important patient protections.”
“U.S. consumers rely on the FDA to ensure that there is a reasonable assurance of safety and effectiveness for the approved uses of medical devices,” said Director George M. Karavetsos of FDA Office of Criminal Investigations. “When manufacturers ignore FDA’s regulatory authority, they undermine these important assurances.”
The civil settlement with Biocompatibles 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 the Western District of Texas and is captioned United States ex rel. Ryan Bliss v. Biocompatibles, Inc., et al. As part of today’s resolution, Bliss will receive approximately $5.1 million from the civil settlement.
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
The settlement with Biocompatibles was the result of a coordinated effort among the U.S. Attorney’s Offices for the District of Columbia and the Western District of Texas, and the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel, HHS’ Office of Counsel to the Inspector General and the Department of Defense’s Defense Criminal Investigative Service. The criminal investigation was conducted by the FDA’s Office of Criminal Investigations.
Except for the conduct admitted in connection with the criminal plea, the claims resolved by the civil settlement are allegations only, and there has been no determination of liability.
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.
Two Pakastani Nationals Sentenced for Conspiring to Illegally Ship Pharmaceuticals into the United StatesRead the Press Release
WASHINGTON – Two Pakistani nationals, who have been held in continuous custody since their October 2012 arrest in London, have been sentenced by Chief Judge Beryl A. Howell of the U.S. District Court in the District of Columbia, after pleading guilty to charges related to their operation of Internet sites that illegally shipped pharmaceuticals from Pakistan and the United Kingdom to customers in the United States, the Department of Justice announced.
Sheikh Waseem Ul Haq, 43, and Tahir Saeed, 54, operated Internet sites that, from late 2005 until October 2012, illegally shipped $2 million of pharmaceuticals from Pakistan and the United Kingdom to customers worldwide, including nearly $780,000 in sales to U.S. purchasers.
Ul Haq was sentenced today to time served. On Sept. 23, Saeed was sentenced to time served. Both defendants will remain in federal custody pending their removal from the United States to Pakistan. Following both defendants October 2012 arrest at a hotel near Heathrow Airport by the London Metropolitan Police Service Fugitive Squad, they were extradited to the District of Columbia in the spring of 2013, following the return in November 2012 of a 48-count indictment. In addition to their prison terms, each defendant agreed to forfeit $388,265.11.
Ul Haq pleaded guilty to all 48 counts of the indictment, which charged him with conspiracy to import Schedule II, III and IV controlled substance pharmaceuticals into the United States; conspiracy to distribute Schedule II, III and IV controlled substance pharmaceuticals; conspiracy to introduce misbranded pharmaceuticals into interstate commerce; importation and distribution of controlled substance pharmaceuticals; introduction into interstate commerce of misbranded drugs and conspiracy to commit international money laundering. Saeed pleaded guilty to conspiracy to import Schedule II, III and IV controlled substance pharmaceuticals into the United States; conspiracy to introduce misbranded pharmaceuticals into interstate commerce and conspiracy to commit international money laundering.
As part of the guilty pleas, the defendants admitted that they owned and operated two businesses, Waseem Enterprises and Harry’s Enterprises. Both businesses were used to conduct wholesale pharmaceutical sales, as well as to unlawfully distribute a wide variety of controlled substances and prescription drugs through Internet sites. The defendants directed U.S. customers to submit payments via Western Union to numerous individuals in Karachi, Pakistan, in order to conceal the fact that the funds were going to Ul Haq and Saeed. In e-mails, the defendants admitted that they paid bribes to Pakistani customs officials to facilitate shipment of the drugs out of Pakistan. The defendants packaged the drug shipments in ways that reduced the likelihood of interdiction by customs inspectors.
The drugs the defendants shipped into the United States included methylphenidate (sold as Ritalin); various anabolic steroids; alprazolam (sold as Xanax); diazepam (sold as Valium), lorazepam (sold as Ativan); clonazepam (sold as Klonapin) and other controlled and non-controlled substances.
“This prosecution demonstrates how the use of the Internet to distribute drugs illegally is a major threat to consumers,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “These defendants operated their Internet marketing scheme from Pakistan and were able to ship drugs illegally and directly to U.S. citizens. We will enforce the law to protect consumers from adulterated, contaminated and counterfeit drugs and assure that only medically necessary drugs are dispensed by licensed pharmacists who are filling legitimately issued prescriptions by licensed physicians.”
“We will continue to work with our partners, nationally and internationally, to protect our country from those who are intent on shipping unregulated and potentially dangerous drugs into the United States,” said U.S. Attorney Channing D. Phillips for the District of Columbia.
The Department of Justice’s Organized Crime Drug Enforcement Task Force sponsored and supported this complex investigation, which was investigated by the FBI’s Washington Field Office, U.S. Postal Inspection Service, the U.S. Food and Drug Administration’s Office of Criminal Investigations and the Drug Enforcement Administration. The Criminal Division’s Office of International Affairs assisted with the extradition, and additional assistance was received from the London Metropolitan Police Service, INTERPOL and law enforcement agents in Germany. The case was prosecuted by Assistant U.S. Attorney John P. Dominguez of the U.S. Attorney’s Office for the District of Columbia and Senior Litigation Counsel Linda I. Marks of the Civil Division’s Consumer Protection Branch.
Former Office Manager Pleads Guilty to Federal Charge in Theft of Nearly $280,000 from D.C. Architecture FirmRead the Press Release
WASHINGTON – Jill Murray, a former office manager and book keeper for a Washington-based architecture firm, pled guilty today to a federal charge involving the embezzlement of nearly $280,000 from her employer, U.S. Attorney Channing D. Phillips announced.
Murray, 50, of North Charleston, S.C., pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud. The Honorable Randolph D. Moss scheduled sentencing for Jan. 27, 2017. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, Murray faces a likely range of 21 to 27 months in prison and a fine of up to $250,000. She also has agreed to pay $279, 611 in restitution and an identical amount in a forfeiture money judgment.
According to the government’s evidence, Murray was authorized to make supply purchases for the firm’s business operations and was responsible for maintaining bookkeeping records for all expenses that were paid out to vendors and contractors. Murray was also authorized to pay her employer’s credit card bills.
Between December 2005 and March 2014, Murray made approximately $112,630 in unauthorized personal purchases of items from retailers including Amazon, Best Buy, Staples, Bed Bath and Beyond, Target, Whole Foods, Office Depot, Crate & Barrel, and the District of Columbia Parking Enforcement Agency. From about January 2007, through about March 2014, Murray, using the company’s credit cards, purchased gift cards in her own name from Staples in the amount of $83,511 and from Office Depot in the amount of $83,469. Murray was able to conceal her theft scheme by manipulating the architecture firm’s books.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department’s Financial Crimes Unit. He also expressed appreciation for the efforts of those who worked on the matter for the U.S. Attorney’s Office, including Assistant U.S. Attorney Thomas Swanton, who handled forfeiture issues, Paralegal Specialists Krishawn Graham and Angela Lawrence, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who prosecuted the case.
Two District Men Found Guilty of Charges in Deadly 2009 Gun Battle in Northeast WashingtonRead the Press Release
WASHINGTON – Two men, both from Washington, D.C., were found guilty by a jury today of second-degree murder while armed and other charges stemming from a gun battle in Northeast Washington in which two people were killed, including a 15-year-old innocent bystander, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Sequarn Tibbs, 25, and Earl Jackson, 23, also were found guilty of three counts of assault with intent to kill, two counts of aggravated assault, and related weapons offenses. The verdicts followed a trial in the Superior Court of the District of Columbia. The Honorable Michael Ryan scheduled sentencing for Jan. 9, 2017. Tibbs and Jackson remain in custody pending sentencing.
Tibbs and Jackson had pled guilty in 2013 to voluntary manslaughter and other charges for their roles in the crimes, but the pleas were subsequently reversed by the District of Columbia Court of Appeals. That led to the trial and the jury’s verdict. Additionally, a third co-defendant, Antonio Barnes, 25, pled guilty on September 19, 2016 to voluntary manslaughter and other charges for his role in the crimes. He is scheduled to be sentenced on Nov. 7, 2016.
According to the government’s evidence, Tibbs and Jackson were part of a group, known as “Young Savage,” associated with the 37th Street/37th Place neighborhood of Southeast Washington. The violence came after the discovery on Oct. 12, 2009 that a burglary took place in the home of Jackson’s mother, located in the Clay Terrace area of Northeast Washington. A .38-caliber revolver, belonging to a juvenile co-conspirator, was stolen during the burglary.
Late Oct. 12, 2009 and early Oct. 13, 2009, Jackson and others, including Tibbs’s brother, Daquan Tibbs, 18, decided that Clay Terrace residents were responsible for the burglary. The group decided to travel to the home of Jackson’s mother in Clay Terrace to identify and find the people responsible and get the property back - with force, if necessary.
They rode to Clay Terrace in a taxicab, while armed with a .45-caliber semi-automatic pistol, a .40-caliber pistol and a .9-mm pistol. Once there, they decided to confront Clay Terrace individuals who were outside in the neighborhood. They demanded the .38-caliber revolver, and, although it remains unclear if money was taken in the burglary as well, they also asked for money.
A male from the Clay Terrace group advised that they did not know who was responsible for the theft, but opined that it was probably a “young’un.” Later, an older Clay Terrace resident came to the Jacksons’ house, and asked about the situation. This person also speculated it was probably “one of the little young’uns,” and left. The older man later came back and returned the gun, not saying where he got it. He said that he did not know anything about the missing money.
Sequarn Tibbs, meanwhile, joined the group in Clay Terrace. Throughout the day, several members of the group smoked marijuana. At one point, Jackson and the juvenile co-conspirator discussed whether they should wait until school was over to see if they could find the “young’uns” responsible for the theft/burglary.
Shortly before 4 p.m. on Oct. 13, 2009, the defendants and others in the group left the house. The group took their guns with them, which included a .45-caliber pistol, a .40-caliber pistol, a .38-caliber revolver, and a .9-mm pistol. They headed to a courtyard known in Clay Terrace as “Briscoe Court,” in the 300 block of 53rd Street NE. A gun battle soon began, with Sequarn Tibbs firing the first shot. During the gunfire, Daquan Tibbs was shot to death by a weapon fired by the juvenile co-conspirator. A 15-year-old boy, Davonta Artis – an innocent bystander – was shot and also killed. Three others were wounded.
In August of 2010, Tibbs and Jackson learned that warrants had been issued for their arrests, and they fled the Washington, D.C. area to avoid being apprehended. Tibbs was captured on Sept. 21, 2010 in New York, and Jackson was captured on Jan. 13, 2012, in North Carolina.
In announcing the verdicts, U.S. Attorney Phillips and Interim Chief Newsham commended the work of the detectives, officers and mobile crime scene technicians who investigated the case for the Metropolitan Police Department and also with the U.S. Park Police. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Deborah Sines; former Assistant U.S. Attorneys Reagan Taylor, Sean Tonolli, J.P. Cooney, Sharad Khandelwal and Heather Carlton; Liaison and Operations Manager Linda McDonald; Paralegal Specialists Zekiah Wright, Debra Joyner, Kendra Johnson, Alesha Matthews-Yette, Kwasi Fields, Kelly Blakeney, Sharon Newman, Fern Rhedrick, and Marian Russell; Litigation Technology Specialists Leif Hickling, William Henderson, and Joshua Ellen; Victim/Witness Advocates Marcia Rinker and Katina Adams-Washington, former Investigative Analyst Larry Grasso, and Investigative Analysts Zachary McMenamin, Durand Odom, and John Marsh. Finally, they praised the work of Assistant U.S. Attorneys Laura Bach and Nebiyu Feleke and Special Assistant U.S. Attorney Veronica Noonan, of the District of Columbia Office of the Attorney General, who prosecuted the case.
Former Organization Director Pleads Guilty to Federal Charge in Theft of Nearly $250,000 from EmployerRead the Press Release
WASHINGTON – Tamara Kukla, who worked as the “Director of Membership” for a Washington based non-profit organization, has pled guilty to a federal charge involving the embezzlement of nearly $250,000 from her employer, announced U.S. Attorney Channing D. Phillips and Brian J. Ebert, Special Agent in Charge, Washington Field Office, U.S. Secret Service.
Kukla, 47, of Plano, Texas, pled guilty on Nov. 2, 2016, in the U.S. District Court for the District of Columbia, to interstate transportation of stolen property. The Honorable James E. Boasberg scheduled sentencing for Feb. 24, 2017. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Kukla faces a likely range of 12 to 18 months in prison and a fine of up to $250,000. She also has agreed to pay $248,755 in restitution and an identical amount in a forfeiture money judgment.
According to the government’s evidence, Kukla’s employer provided her with a credit card to assist her with her duties and responsibilities as the “Director of Membership.” Kukla’s duties and responsibilities included, among others, formulating and executing marketing plans designed to maintain and increase her employer’s membership rolls. Beginning around October 2009 and continuing through about December 2011, Kukla devised and carried out a scheme to defraud her employer by embezzling funds through her corporate credit card. Kukla used the credit card for both legitimate and personal purchases, but provided false descriptions of the personal purchases as work-related expenses so that her employer would pay for them. These unauthorized purchases and expenses included, among others, personal expenses related to travel, transportation, hotel lodgings, retail purchases, meals, food, and entertainment.
In announcing the plea, U.S. Attorney Phillips and Special Agent in Charge Ebert commended the work of those who investigated the case from the National Capitol Region Fraud Task Force of the U.S. Secret Service’s Washington Field Office. They also expressed appreciation for the efforts of those who worked on the matter for the U.S. Attorney’s Office, including Special Assistant U.S. Attorneys Vesna Harasic-Yaksic and Zia Faruqui, who handled forfeiture issues, Paralegal Specialists Krishawn Graham and Angela Lawrence, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who is prosecuting the case.
Former Department of Defense Civilian Employee Pleads Guilty in Health Care Fraud CaseRead the Press Release
WASHINGTON – A Florida man pled guilty today to a federal charge of health care fraud for submitting more than 1,300 false claims, seeking about $152,000, to a federal health insurance plan, announced U.S. Attorney Channing D. Phillips and Norbert E. Vint, Deputy Inspector General for the Office of Personnel Management (OPM).
Jensen Moors, 41, currently of Lauderdale Lakes, Fla., pled guilty in the U.S. District Court for the District of Columbia. He is to be sentenced on Feb. 3, 2017, by the Honorable James E. Boasberg. Under the advisory federal sentencing guidelines, he faces a possible sentence of 12 to 18 months. Moors also agreed to pay restitution in an amount of $143,111, and a forfeiture money judgment in the same amount.
According to a statement of the offense, signed by the defendant, Moors was a civilian Department of Defense employee, who was entitled to participate in the Federal Employees Health Benefits Program, which is administered by OPM. U.S. government employees living overseas, such as Moors at the time of the offense, have the option to choose the Foreign Service Benefit Plan (FSBP) as their health care benefit program. Generally, those enrolled in FSBP pay out-of-pocket for any health care benefits, items, or services they receive overseas, and then submit claims for reimbursement for money already paid, to a location in the District of Columbia. An OPM contractor then processes the reimbursements and pays the employee directly.
Between about October 2007 and April 2014, Moors submitted to FSBP approximately 66 fake invoices with 1,387 claims totaling approximately €119,541 (euros, which translates to approximately $152,000), falsely claiming that he received and paid for physical therapy services from a German physical therapist. These claims were false in that Moors did not receive the therapy on the dates as claimed, the amounts were in excess of the prices charged by the physical therapist, and the duration of treatment was longer and more frequent than the treatment actually provided by the physical therapist.
As a result of these false claims, the OPM contractor paid Moors $143,111 on 63 invoices and denied the claims on the other three invoices, having discovered that the services were not provided.
In announcing the plea, U.S. Attorney Phillips and Deputy Inspector General Vint expressed appreciation for the work performed by Special Agents and analysts from both OPM’s Office of Inspector General and the Defense Criminal Investigative Service of the Department of Defense. They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kaitlyn Krueger, Assistant U.S. Attorney Julia Jarrett, who is assisting with forfeiture issues, and Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the case.
District Woman Indicted on Murder and Other Charges in Death of Infant SonRead the Press Release
WASHINGTON – Lillian Alvarado, 24, of Washington, D.C., was indicted today by a grand jury in the Superior Court of the District of Columbia on murder and other charges in the 2013 death of her infant son, U.S. Attorney Channing D. Phillips announced.
The grand jury indicted Alvarado on charges of first-degree (premeditated) murder while armed, with aggravating circumstances; first-degree felony murder while armed, also with aggravating circumstances, and first-degree cruelty to children. The aggravating circumstances allege that the crime was especially heinous, atrocious or cruel and that the victim was especially vulnerable. The charges carry a potential sentence of life in prison with no possibility of release. Alvarado is to be arraigned on Nov. 4, 2016, by the Honorable Milton C. Lee.
No trial date has been scheduled. Alvarado, who was arrested in this case in January 2014 by the Metropolitan Police Department, remains held without bond.
According to the government’s evidence, on Thanksgiving Day, Nov. 28, 2013, Alvarado delivered her infant in the bathtub of her family’s apartment in the 6000 block of 14th Street NW. She had not told her family that she was pregnant. The baby boy was born alive; however, Alvarado allegedly strangled the baby, tried to drown the infant, and cut off his legs. The District of Columbia’s Office of the Chief Medical Examiner determined the infant died from asphyxiation and dismemberment. Alvarado allegedly tried to conceal the crime.
The baby’s death was discovered when bloody water leaked from Alvarado’s bathroom through to the apartment below. Law enforcement officers responded, believing they were searching for a water leak. With the assistance of Alvarado’s family, officers gained entrance to the bathroom, where they found the infant in the bathtub.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictment, U.S. Attorney Phillips expressed appreciation for the work of those investigating the case from the Metropolitan Police Department. He also acknowledged the efforts of those who have assisted with the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Nicholas Coleman, Colleen Kennedy, Cynthia Walicki-Chan, and Michael Tomaselli; Victim/Witness Specialist Marcia Rinker, and Paralegal Specialists Kelly Blakeney and Cynthia Mohammed. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Cynthia G. Wright, who is investigating and prosecuting the case.
District Man Sentenced to 18 Months in Prison for Attacking Deputy U.S. Marshal in Superior Court CellblockRead the Press Release
WASHINGTON - Vincent Wilson, 24, of Washington, D.C., was sentenced today to 18 months in prison for assaulting a Deputy United States Marshal during an incident at a courthouse earlier this year, announced U.S. Attorney Channing D. Phillips and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
Wilson pled guilty in August 2016, in the U.S. District Court for the District of Columbia, to a charge of assaulting, resisting or impeding a federal law enforcement officer. He was sentenced by the Honorable Rudolph Contreras. Upon completion of his prison term, Wilson will be placed on three years of supervised release.
According to the government’s evidence, the chain of events took place on Jan. 5, 2016, while Wilson was at the Superior Court of the District of Columbia in an unrelated case. The incident began as a deputy marshal was escorting Wilson to a single cell in the main cell block at the courthouse. At this time, Wilson began yelling loudly at the deputy marshal and attempted to move toward him. The deputy marshal maintained control of Wilson with a hand on Wilson’s arm and a hand on Wilson’s head to prevent any potential spitting or other assaultive behavior until Wilson was in the cell. While inside the holding cell, Wilson turned and faced the deputy marshal, and from approximately five feet away, spit an amount of spit in his direction. A portion of Wilson’s saliva struck the deputy marshal under the left eye.
Thereafter, the deputy marshal entered the holding cell to control Wilson’s head in order to place a spit mask on Wilson to prevent any further spitting on other security officials. While the deputy marshal was trying to maintain control of Wilson’s head, Wilson continuously tried to rotate his body and head toward him. Aided by other officers, the deputy marshal moved Wilson to the floor of the cell. While still in handcuffs, Wilson reached up toward him and dug his fingernails into the deputy marshal’s left and right forearm, causing great pain and several large lacerations. Wilson then began to claw down on the forearms with his fingernails and dug further into the skin. The deputy marshal let up his control of Wilson’s head due to the pain. At that moment, Wilson was able to turn his head toward the deputy marshal and once again spit saliva, making contact with the deputy marshals’ skin, eyes, and mouth.
In announcing today’s sentence, U.S. Attorney Phillips and Marshal Hughes commended the actions of all the Deputy United States Marshals who protect the court system and judicial process. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialists Jeannette Litz and Teesha Tobias, Legal Assistant Peter Gaboton, and Assistant U.S. Attorney Emory V. Cole, who investigated and prosecuted the case.
District Man Pleads Guilty to Robbery Charges Following Series of Hold-Ups of Convenience StoresRead the Press Release
WASHINGTON – Melvin Smith, 45, of Washington, D.C., pled guilty today to three counts of robbery in connection with a recent series of robberies of convenience stores in Northeast and Northwest Washington, announced U.S. Attorney Channing D. Phillips.
Smith pled guilty to the charges in the Superior Court for the District of Columbia. In entering his guilty plea, Smith admitted to robbing six convenience stores in just over four weeks this summer. He is to be sentenced on Jan. 11, 2017 by the Honorable Danya A. Dayson.
According to the government’s evidence, the robberies included these crimes:
-Aug. 19, 2016, approximately 1:40 a.m.: Smith entered a 7-Eleven store in the 1200 block of Brentwood Road NE, approached a store clerk, and demanded access to the cash register. He then took approximately $50 before fleeing.
-Sept. 6, 2016, approximately 10:55 p.m.: Smith entered the 7-Eleven store in the 1300 block of Second Street NE. He approached a cashier and reached into two cash registers, taking approximately $430 before fleeing.
- Sept. 10, 2016, approximately 2:10 a.m.: Smith entered the 7-Eleven store in the 4800 block of Nannie Helen Burroughs Avenue NE and displayed an object on his right hip, which store personnel believed to be a handgun. He proceeded to the cash registers, demanded that they be opened, and took an unspecified amount of cash before fleeing.
-Sept. 12, 2016, approximately 8:45 p.m.: Smith entered the 6 & Q Market, in the 500 block of Q Street NW. Wearing a mask, he ordered a store clerk to the cash register. When the clerk responded that he did not have a key to the register, Smith grabbed the entire register, which contained an unknown amount of cash, and fled.
-Sept. 13, 2016, approximately 1:30 a.m.: Smith returned to the 7-Eleven on Second Street NE. According to a store clerk, he was carrying what appeared to be a silver gun in his waistband and demanded cash from the cash register. Smith then removed approximately $100 from the store’s two cash registers and fled.
-Sept. 18, 2016, approximately 9:45 p.m.: Smith entered a 7-Eleven store in the 900 block of Bladensburg Road NE. Wearing a mask, he displayed what the clerk believed to be a dark gun in his waistband and demanded that the clerk open the register. Smith then proceeded to take money from both of the registers, before fleeing.
Smith was arrested on Sept. 19, 2016. When he was arrested, Smith was found to be in possession of a unique mask and bandana that surveillance video confirmed were used in the robberies. He has been in custody since his arrest. The guilty plea specified the offenses that were committed on Aug. 19, Sept. 6, and Sept. 12, 2016.
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 work of Assistant U.S. Attorney Richard Barker, who investigated and prosecuted the case.
U.S. Attorney's Office Concludes Investigation into Fatal Shooting of Marquesha McMillanRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that it has completed its review of the actions of five Metropolitan Police Department (MPD) officers who were involved in the fatal shooting of Marquesha McMillan on Oct. 26, 2015, following an attempted armed robbery of a liquor store in Northwest Washington. After a careful review of all of the evidence, the U.S. Attorney’s Office has concluded that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against the officers involved in the fatal shooting of Ms. McMillan.
The comprehensive investigation included interviews of multiple law enforcement and civilian witnesses as well as the review of physical and forensic evidence; recorded radio communications; video surveillance; the autopsy report, and other evidence.
The shooting in this case took place on Oct. 26, 2015, at approximately 9:15 a.m., in the rear parking lot of a liquor store in the 7800 block of Alaska Avenue NW. Following the attempted armed robbery of the store by Ms. McMillan, 21, and Ned McCallister, both individuals fled from the establishment out of different doors upon seeing an MPD officer arrive for a routine business check. Ms. McMillan ran towards the rear parking lot, where she turned and fired a .380 semi-automatic pistol at three officers who were responding to the “robbery in progress” call. The officers returned fire as Ms. McMillan ran through the parking lot and hid behind a nearby dumpster. As reported by civilian witnesses, Ms. McMillan then reloaded her weapon while ignoring the officers’ commands to “drop the weapon” and “get on the ground.” While the three officers and Ms. McMillan exchanged additional gunfire, two other MPD officers approached Ms. McMillan’s location from an adjacent parking lot and fired their weapons at Ms. McMillan, who fell to the ground, fatally wounded. A subsequent autopsy revealed that Ms. McMillan was shot eight times, one of which was fatal.
Mobile Crime Technicians recovered Ms. McMillan’s .380 semi-automatic firearm.
McCallister, 22, of Washington, D.C., pled guilty on July 22, 2016, in the U.S. District Court for the District of Columbia, to one count of attempted interference with interstate commerce by robbery, a federal offense, and one count of unlawful possession of a firearm, a District of Columbia offense. He was sentenced on Oct. 14, 2016, to four years in prison, to be followed by three years of supervised release.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officers used excessive force under the circumstances.
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 fully and completely investigated. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
Investigation into the Death of Mikhail Lesin Has ClosedRead the Press Release
Manner of Death Determined an Accident
The Metropolitan Police Department (MPD) and the U.S. Attorney’s Office for the District of Columbia, with assistance from the FBI, have concluded a comprehensive investigation into the death last year of Mikhail Lesin, 57, a Russian political figure, media executive and adviser to Vladimir Putin, the President of Russia. As a result of the almost year-long investigation, the Chief Medical Examiner of the District of Columbia has amended Lesin’s manner of death from “undetermined” to “accident” with acute ethanol intoxication as a contributory cause of death. The investigation has now been closed.
Based on evidence gathered during the investigation, Lesin entered his room at the Dupont Circle Hotel for the final time at about 10:48 a.m., on Wednesday, Nov. 4, 2015, after days of excessive consumption of alcohol. Based on the evidence, including video footage and witness interviews, Lesin entered his hotel room on the morning of Wednesday, Nov. 4, 2015, after days of excessive consumption of alcohol and sustained the injuries that resulted in his death while alone in his hotel room. He was found dead late on Thursday morning, Nov. 5, 2015.
After review of the video footage and new evidence developed from the investigation, the Chief Medical Examiner has determined that Lesin died as a result of blunt force injuries to his head, with contributing causes being blunt force injuries of the neck, torso, upper extremities and lower extremities, which were induced by falls, with acute ethanol intoxication.
Investigation into the Death of Mikhail Lesin Has Closed; Manner of Death Determined an AccidentRead the Press Release
WASHINGTON - The Metropolitan Police Department (MPD) and the U.S. Attorney’s Office for the District of Columbia, with assistance from the FBI, have concluded a comprehensive investigation into the death last year of Mikhail Lesin, a Russian political figure, media executive, and adviser to Vladimir Putin, the President of Russia. As a result of the almost year-long investigation, the Chief Medical Examiner of the District of Columbia has amended Mr. Lesin’s manner of death from “undetermined” to “accident” with acute ethanol intoxication as a contributory cause of death. The investigation has now been closed.
Based on evidence gathered during the investigation, Mr. Lesin, 57, entered his room at the Dupont Circle Hotel for the final time at about 10:48 a.m., on Wednesday, November 4, 2015, after days of excessive consumption of alcohol. Based on the evidence, including video footage and witness interviews, Mr. Lesin entered his hotel room on the morning of Wednesday, November 4, 2015, after days of excessive consumption of alcohol and sustained the injuries that resulted in his death while alone in his hotel room. He was found dead late on Thursday morning, November 5, 2015.
After review of the video footage and new evidence developed from the investigation, the Chief Medical Examiner has determined that Mr. Lesin died as a result of blunt force injuries to his head, with contributing causes being blunt force injuries of the neck, torso, upper extremities, and lower extremities, which were induced by falls, with acute ethanol intoxication.
Tuna Vessel Operator Convicted of Federal Offenses for Oil Discharges in American SamoaRead the Press Release
WASHINGTON – An American tuna fishing company that regularly unloaded its catch in American Samoa, was convicted and sentenced today for discharging oil into the South Pacific and for maintaining false records, announced Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney Channing D. Phillips for the District of Columbia. The company, Pacific Breeze Fisheries LLC, owned the Fishing Vessel F/V Pacific Breeze, a tuna purse seiner that was responsible for the pollution.
Pacific Breeze Fisheries admitted that its engineers failed to document the illegal dumping of oily bilge water into the waters off American Samoa without the use of required pollution prevention equipment. These discharges occurred on at least two occasions, in 2014 and 2015, before the vessel brought fish to a cannery in the port of Pago Pago, American Samoa.
The company further admitted that between October 2013 and July 2015, senior engineers regularly failed to accurately record the transfer and disposal of oil waste in the vessel’s Oil Record Book. The U.S. Coast Guard relies on such records to determine whether vessels are illegally dumping oil at sea. As a result, tons of oil sludge, waste oil and oily bilge water that were produced by the vessel remain unaccounted for.
The company pleaded guilty before U.S. District Court Judge Tanya S. Chutkan for the District of Columbia to four felony violations of the Act to Prevent Pollution from Ships, for failing to accurately maintain an Oil Record Book and for illegally discharging oily bilge water into the South Pacific. Under the terms of the plea agreement, the company will pay a $1.6 million fine, in addition to a community service payment of $400,000 for use in the National Marine Sanctuary of American Samoa. Though Pacific Breeze Fisheries does not currently manage any active fishing vessels, the company also agreed to implement an extensive environmental compliance plan in the event it resumes operations.
On Oct. 25, Jeon Seon Han, the former Chief Engineer of the F/V Pacific Breeze, pleaded guilty in the District of Hawaii for his role in obstructing the U.S. Coast Guard inspection of the vessel in American Samoa in 2015. Han admitted to lying to U.S. Coast Guard inspectors about the disposal of sludge and to ordering the disassembly of an illegal discharge system before the inspection. Sentencing for Han is scheduled for February 2017.
The case against Pacific Breeze Fisheries was investigated by U.S. Coast Guard personnel in American Samoa, Honolulu, Hawaii, and the District of Columbia. The case was prosecuted by Senior Trial Attorney Kenneth E. Nelson and Trial Attorney Brendan Selby of the Environmental Crimes Section and Assistant U.S. Attorney Frederick W. Yette of the U.S. Attorney’s Office for the District of Columbia.
Iranian National Pleads Guilty to Conspiring to Illegally Export Products from the U.S. to IranRead the Press Release
Mansour Moghtaderi Zadeh, 56, an Iranian national, pleaded guilty today to taking part in a conspiracy involving the purchase and shipment of various products, including aviation parts and supplies, from the U.S. to Iran without a license.
Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Channing D. Phillips of the District of Columbia, Special Agent in Charge Matthew J. Etre of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston and Special Agent in Charge Michael Imbrogna of the Bureau of Industry and Security, U.S. Department of Commerce in Boston made the announcement. The plea took place in the U.S. District Court for the District of Columbia.
Zadeh, who had been living in Iran, pleaded guilty to one count of conspiracy to unlawfully export goods, technology and services to Iran without the required license and to defraud the U.S. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, Zadeh faces a likely range of 46 to 57 months in prison and a potential fine of $20,000 to $200,000. Senior Judge Paul L. Friedman scheduled sentencing for December 14. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
In plea documents filed today, Zadeh acknowledged that beginning in October 2005, Iranian companies requested that Zadeh through his company, Barsan Aero Chemicals, Ltd., procure products, including a fiber optic video transmitter and receiver, and aviation course indicators, which required a license from the Department of the Treasury’s Office of Foreign Assets Control (OFAC), to be exported to Iran. Members of the conspiracy arranged for the items to be sent from the U.S. to Iran, and Zadeh received a commission.
In March 2007, Zadeh and co-conspirators attempted to export metal sheets and rods that are used in the aviation manufacturing industry from the U.S. to Iran, without the required license from OFAC. Zadeh had arranged for his new corporation, Lavantia Ltd., to purchase the items, and used an alias in his communications. In September 2007, the shipment was detained by the U.S. Department of Commerce pending certification of the end user.
In October 2007, the Department of Commerce issued a Temporary Denial Order (TDO) against Lavantia and Zadeh (under his alias). The TDO prohibited Lavantia and Zadeh from participating, directly or indirectly, in any way in any transaction involving any commodity exported from the U.S. Notwithstanding the TDO, Zadeh and other conspirators exported and attempted to export numerous materials from the U.S., including resin, sealant, paint, pneumatic grease, film adhesive and polyurethane coating and thinner. Their conduct after the TDO was issued involved more than $69,000 of exported goods.
“The prosecution of this case demonstrates that the United States will aggressively investigate and prosecute those who unlawfully export goods and technology for use in Iran,” said U.S. Attorney Phillips. “Working with our law enforcement partners, we will use every tool at our disposal to enforce export laws.”
“Disrupting and dismantling the sale of controlled items, especially those with military value, to foreign powers is a critical federal law enforcement mission, and is one in which HSI has a long history of excellence,” said Special Agent in Charge Etre. “HSI will continue to track down those who attempt to profit by the illegal sale and export of our military technologies.”
In announcing the plea, Acting Assistant Attorney General McCord, U.S. Attorney Phillips, Special Agent in Charge Etre and Special Agent in Charge Imbrogna commended the work of the Special Agents who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Jorge Casillas, and Assistant U.S. Attorneys Frederick W. Yette and Jeffrey Pearlman of the District of Columbia, who prosecuted the case. Finally, they expressed appreciation for the work of Trial Attorney Thea D. R. Kendler of the National Security Division’s Counterintelligence and Export Control Section.
Former Office Manager Pleads Guilty to Federal Charge in Theft of over $100,000 from EmployerRead the Press Release
WASHINGTON – Naimah Sillah, who worked as the office manager for a Washington-based law firm, pled guilty today to a federal charge involving the embezzlement of over $100,000 from the employer, U.S. Attorney Channing D. Phillips announced.
Sillah, 40, of Forestville, Md., pled guilty in the U.S. District Court for the District of Columbia to one count of interstate transportation of stolen property. The Honorable Amy Berman Jackson scheduled sentencing for Feb. 2, 2017. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Sillah faces a likely range of 10 to 16 months in prison and a fine of up to $30,000. She also has agreed to pay $103,811 in restitution and an identical amount in a forfeiture money judgment.
According to the government’s evidence, Sillah was hired by the law firm in July 2008. Her responsibilities included processing and managing accounts payables, utilizing accounting software, entering vendor invoices into the software, and drafting the law firm’s checks and mailing them to vendors. From at least March 2009 and through January 2014, Sillah embezzled a total of $103,811 from the law firm’s bank account. She wrote unauthorized checks to herself and steered additional money to two businesses that she created as part of the scheme. One of the businesses she created was almost identical in name to a vendor that the law firm had used on a regular basis for years; the law firm’s owners signed checks unaware that they were not going to the usual vendor. Sillah used the proceeds of her crimes for her own personal use and benefit.
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 expressed appreciation for the efforts of those who worked on the matter for the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas, who handled forfeiture issues, Paralegal Specialists Kaitlyn Krueger and Jessica Mundi and Assistant U.S. Attorney Teresa A. Howie, who prosecuted the case.
U.S. Attorney Phillips Announces Appointment of Election Day OfficerRead the Press Release
WASHINGTON - U.S. Attorney Channing D. Phillips today announced the appointment of Assistant U.S. Attorney T. Patrick Martin to lead the efforts of the U.S. Attorney’s Office for the District of Columbia in connection with the Justice Department’s nationwide Election Day program for the Nov. 8, 2016 general election.
Assistant U.S. Attorney Martin, who heads the Office’s Fraud and Public Corruption Section, will serve as the District Election Officer for the District of Columbia. In that capacity, he is responsible for overseeing the handling of complaints of election fraud and voting rights abuses in the District of Columbia, in consultation with Justice Department headquarters.
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses, and to ensure that such complaints are directed to the appropriate authorities, Assistant U.S. Attorney Martin will be on duty in the District of Columbia while the polls are open. Assistant U.S. Attorney Martin can be reached by the public at 202-252-7732.
Nationally, the FBI has Special Agents in each Field Office and Resident Agency throughout the country to receive allegations of election fraud and other election abuses. In the District of Columbia, the FBI’s Washington Field Office can be reached at 202-278-2000.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
District Teenagers Sentenced to Eight Years in Prison for Series of Armed Robberies in Southeast WashingtonRead the Press Release
WASHINGTON – David Crocker, 17, and Sadiq Blaine, 16, both of Washington, D.C., have each been sentenced to eight years in prison on charges stemming from a series of armed robberies committed in February and March of 2016 using the website OfferUp to lure multiple victims to Southeast Washington, U.S. Attorney Channing D. Phillips announced today.
Crocker and Blaine were charged as adults given the serious nature of their crimes. They pled guilty in July 2016 in the Superior Court of the District of Columbia. Crocker pled guilty to three counts of armed robbery for offenses on Feb. 28, 2016, and March 18, 2016, and Blaine pled guilty to two counts of armed robbery for offenses on Feb. 25, 2016, and March 17, 2016. They were sentenced on Oct. 21, 2016 by the Honorable Juliet McKenna. Upon completion of their prison terms, the defendants will be placed on five years of supervised release.
According to the government’s evidence, on Feb. 25, 2016, at about 9:30 p.m., Blaine and Crocker went to the front of the Capitol View Library, in the 5000 block of Central Avenue SE, to meet two victims who responded to an ad for three iPhone 6s’es placed on OfferUp. He and Crocker jumped into the back seat of the victims’ vehicle, at which point Blaine pulled out an imitation firearm and pointed it at the two victims, who were seated in the driver’s seat and front passenger’s seat respectively. Both Blaine and Crocker shouted words to the effect of “Give me the money.” The first victim handed over about $120 and the second victim handed over at least $500. Blaine and Crocker demanded additional money, and the first victim told them that they did not have any more money but had a bank card. Blaine and Crocker then ordered the first victim to drive at gunpoint to an ATM and gave directions along the way. While enroute, the victims saw a Metropolitan Police Department (MPD) cruiser coming towards them. The first victim stopped the car in the middle of the intersection of Central Avenue SE and 52nd Street SE to get the attention of the police officers. Both Blaine and Crocker fled from the car, and MPD officers pursued them but were unable to catch them.
Three days later, on Feb. 28, 2016, at about 4:45 p.m., a victim came to the 5100 block of Astor Place SE in response to an ad for three iPhone 6Ss’es placed on OfferUp. Crocker came out of 5120 Astor Place SE to meet the victim, said that someone would be out in a few minutes to sell him the iPhone, and then went back inside. A few minutes later, Crocker came back outside and told the victim to drive into the driveway between the buildings of 5120 Astor Place SE, which leads to a parking lot and dumpster. A second suspect then approached the victim, put a knife to his neck, and demanded his money and cell phone. The second suspect got into the rear left passenger seat with his knife at the victim’s neck. Crocker got into the front passenger seat with a backpack and pulled out a knife that he brandished at the victim. Crocker took $500 and the victim’s cell phone. Both Crocker and the second suspect then fled.
In a third incident, on March 17, 2016, at about 2 p.m., Blaine and Crocker met yet another victim, who had driven to Astor Place SE in response to an ad for a Mercedes SUV placed on OfferUp. Blaine approached the driver’s side window, pointed an imitation firearm at the victim, demanded his money, and told him not to move. The victim handed Blaine his wallet, from which Blaine removed $1,000 and a photocopy of the victim’s Social Security card. Blaine demanded more money. Crocker approached the front passenger’s door and threw a brick through the window, which shattered the window and struck the victim in the hand. Crocker then opened the front passenger’s side door and went through the glove box and front area of the car, looking for additional money. Both Blaine and Crocker then fled.
Finally, on March 18, 2016, at about noon, Crocker, Blaine, and a third suspect came out of 5120 Astor Place SE to meet two victims who came to the block in response to an ad for a Ford truck placed on OfferUp. One victim got out of the car, while the other remained inside. The victim asked where the truck was, and Crocker said that it was in the back of the building. The victim refused to walk around the building and asked to see the title for the vehicle. Crocker went inside for a few minutes and then returned with white papers, which the victim recognized were not a title. Crocker grabbed the victim and stuck an imitation firearm into the victim’s side and demanded money. Blaine also stuck a knife at the victim’s side, demanding money. The victim gave up his wallet, which had $60, credit cards, and his identification. Blaine then ran to the vehicle, where the second victim was sitting. Blaine brandished the knife and demanded the second victim’s money. The second victim took out his wallet and gave Blaine all of his cash, which was $2. Crocker, Blaine, and the third individual fled.
Both defendants were arrested on March 24, 2016 when MPD executed a search warrant inside 5120 Astor Place SE. Search warrants were later executed on the cell phones, which revealed, among other things, a video of the defendants together the day of the March 17, 2016 robbery flashing large amounts of cash.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case for 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 Criminal Investigator John Marsh; Paralegal Specialists Stephanie Gilbert, Antoinette Sakamsa, and Tonya Queen; Victim/Witness Advocate Jennifer Clark, and Assistant U.S. Attorney Jennifer Kerkhoff, who supervised the case. Finally, he thanked Assistant U.S. Attorneys Natasha Smalky and Thomas Saunders, who investigated and prosecuted the matter.
District Man Sentenced to 60 Years in Prison for Home Invasions and Sexual AssaultRead the Press Release
WASHINGTON – Antwon Pitt, 22, of Washington, D.C., was sentenced today to 60 years in prison on charges involving two home invasions, including one in which he sexually assaulted a woman in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
In one of the two incidents, Pitt was found guilty by a jury on June 8, 2016, of charges of first-degree sexual abuse, kidnapping, first-degree burglary, robbery, threats, and felony assault. In the other, he pled guilty on Sept. 29, 2016, to a charge of second-degree burglary.
The Honorable Florence Pan sentenced Pitt to the 60-year prison term. Following completion of that time, he will be placed on supervised release and required to register as a sex offender for the rest of his life.
“Antwon Pitt terrorized two women in separate attacks over one week, invading their homes while one was sleeping and the other doing work,” said U.S. Attorney Phillips. “Today’s sentence will protect our community from this dangerous predator for decades.”
According to the government’s evidence, the first incident took place on Oct. 6, 2015, at approximately 6:15 a.m. Pitt entered an apartment unit on Michigan Avenue NE, with the intent to steal. Once inside the apartment, he entered a bedroom where a young woman was sleeping. She woke up and saw the defendant, whom she did not know, with her cell phone in his hand. After a brief verbal exchange, Pitt left the apartment, taking with him several items belonging to the woman, including her cell phone, a tote bag, her wallet, multiple identification cards, a debit card, a Metro card, and other personal items. This case led to Pitt’s guilty plea.
The second incident took place on Oct. 13, 2015, at approximately 2:10 p.m. According to the government’s evidence, the victim was alone and working at home on her computer. Suddenly she saw Pitt standing in her apartment. He had entered through an unlocked door. After learning that the woman was alone, he grabbed her and slammed her onto the floor. He proceeded to violently press his hand over the victim's mouth and nose as he forced her down the hall with his other hand around her throat. Once in the victim's bedroom, he raped the victim on her own bed. After the rape, he took the victim's phone, demanded her passcode, and left. The victim was taken to the hospital where she was treated for her injuries, which included fractured facial bones requiring surgery.
The Metropolitan Police Department (MPD) obtained surveillance footage from the alley by the victim's building showing a suspect walking through the alley after the rape wearing a backpack and bright orange shoelaces. MPD was then able to track the victim's phone to a gas station in Mitchellville, Md., where Pitt, who matched the description of the person in the surveillance footage and the description provided by the victim, was stopped. At the time of his stop, Pitt had the victim's phone and checks made out to the victim's husband, as well as a pair of gloves. Pitt’s DNA and the victim's DNA were found on gloves. Pitt also had the wallet and various other items belonging to the victim of the first home invasion.
At the time of the crimes, Pitt was on release in a pending drug case. He has remained in custody since his arrest.
In announcing the sentence, U.S. Attorney Phillips and Interim 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 U.S. Secret Service, the FBI, the U.S. Marshals Service, the Metro Transit Police Department, the District of Columbia Department of Forensic Sciences, Sorenson Forensics, and Signature Science, LLC. He acknowledged the efforts of a team that worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donhue Troy Griffith and D’Yvonne Key, Victim/Witness Advocates Tracey Hawkins and Veronica Vaughan, and Criminal Investigator John Marsh. Finally, they commended the work of Assistant U.S. Attorneys Sarah McClellan and Luke Jones, who investigated and prosecuted the case.
District Man Sentenced to 15 Years in Prison for Shooting in Northeast WashingtonRead the Press Release
WASHINGTON – Jason Edwards, 32, of Washington, D.C., was sentenced today to 15 years in prison on charges stemming from an incident last Halloween in Northeast Washington in which he shot a man, U.S. Attorney Channing D. Phillips announced.
Edwards was found guilty in June 2016 by a jury in the Superior Court of the District of Columbia of one count of assault with intent to kill while armed, one count of assault with significant bodily injury while armed, two counts of possession of a firearm during a crime of violence, and one count of unlawful possession of a firearm. He was sentenced by the Honorable Anita Josey-Herring. After his prison term, he will be placed on five years of supervised release.
According to the government’s evidence, on October 31, 2015, Edwards arranged to purchase marijuana from the victim, his former coworker. The two men communicated via text message to set up the meeting. Edwards had the victim meet him in the 3100 block of Channing Street, NE. Instead of purchasing marijuana, Edwards—who was wearing a Batman costume—took out a gun and shot the victim in the upper chest. As the victim ran away, Edwards chased him down the street and fired six additional shots, one of which struck the victim in his leg. Fortunately, neither gunshot wound was fatal. The victim was able to identify Edwards by first name within minutes of police arriving on the scene. During its investigation, the government obtained cell site data from Edwards’ phone that placed him in an area consistent with where the shooting took place.
In announcing the sentence, U.S. Attorney Phillips praised the work of those who worked on the case from the Metropolitan Police Department, the District of Columbia Department of Forensic Sciences, and the FBI. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Clark and Jennifer Allen; Litigation Technology Specialists Leif Hickling, Anisha Bhatia and Aneela Bhatia; Investigative Analyst Zachary McMenamin, and Paralegal Specialist Donville Drummond, Nicole McGhee, and Kalisha Johnson-Clark. Finally, he commended the work of Assistant U.S. Attorneys Kondi Kleinman and Laura Crane, who investigated and prosecuted the case.
District Man Sentenced to 4 1/2-Year Prison Term for Recent Shoot-Out in Northeast WashingtonRead the Press Release
WASHINGTON – Leroy Robinson, 32, of Washington, D.C., was sentenced today to 54 months in prison after earlier pleading guilty to charges stemming from a recent shoot-out that took place in broad daylight in Northeast Washington, announced U.S. Attorney Channing D. Phillips.
Robinson pled guilty in July 2016, in the Superior Court of the District of Columbia, to charges of assault with a dangerous weapon and unlawful possession of a firearm. He was sentenced by the Honorable Neil E. Kravitz. Upon completion of his prison term, Robinson will be placed on three years of supervised release.
In entering his guilty plea, Robinson admitted to being an initial aggressor in a shoot-out that occurred in broad daylight on the morning of June 1, 2016. According to the evidence, at approximately 9:45 a.m., Robinson and an unknown suspect exchanged gunfire with a group of individuals in the 1300 block of Brentwood Road NE. Surveillance video shows Robinson and the unknown suspect firing gunshots in the direction of two parked cars. The video further shows the muzzle flash of Robinson’s firearm moments after an innocent civilian entered into one of these cars. As a result of the gunshots, the side and rear windows of the civilian’s car were destroyed. Numerous gunshots also struck the front driver’s side and rear of the civilian’s vehicle, which was riddled with bullets. Amazingly, none of these bullets struck the civilian.
Robinson was struck by a bullet and crawled away from the scene. When law enforcement arrived, they saw him in a grassy area across from the area of the shooting, suffering from a gunshot wound. Law enforcement also found an empty gun holster on his waistband.
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 work of Assistant U.S. Attorneys Tamika Griffin Moses and Richard Barker, who investigated and prosecuted the case.
District Man Pleads Guilty to Murder Charge for Killing Man After Home InvasionRead the Press Release
WASHINGTON – Joseph Jennings, Jr., 35, of Washington, D.C., pled guilty today to a charge of second-degree murder while armed for killing a man this year after breaking into his condominium in Northwest Washington, U.S. Attorney Channing D. Phillips announced.
Jennings pled guilty in the Superior Court of the District of Columbia. He is to be sentenced Dec. 16, 2016, by the Honorable Michael Ryan.
According to the government’s evidence, Jennings spent the early morning of Jan. 22, 2016 getting high at his residence in Southeast Washington. Later that morning, according to the government’s evidence, Jennings joined with two other men in a plan to break into a condominium in the 400 block of M Street NW and steal marijuana. At about 9:48 a.m., Jennings used an object to forcibly pry open the locked front door to the building. One of his accomplices waited nearby, while Jennings and the other man continued inside. As they attempted to gain entry to the unit through a sliding glass balcony door, the victim, Matthew Shevlin, fled out of the front door and began screaming for help.
Jennings chased Mr. Shevlin, and a struggle ensued before Mr. Shevlin got away. The other man, meanwhile, took a mason jar of marijuana from the apartment. Mr. Shevlin threw a flower pot at the man’s head and got into a second struggle with Jennings. During this struggle, Jennings shot Mr. Shevlin, 37, who later died of multiple gunshot wounds.
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 James Brennan and Supervisory Paralegal Specialist Sharon Newman. Finally, he expressed appreciation for the work of Assistant U.S. Attorney David Misler, who is investigating and prosecuting the matter.
District Man Pleads Guilty to Charges in Shooting and Assault in Downtown WashingtonRead the Press Release
WASHINGTON – Ryan Matthews, 28, of Washington, D.C., pled guilty today to charges stemming from an incident in which he shot one person and assaulted two others last month in downtown Washington, U.S. Attorney Channing D. Phillips announced.
Matthews pled guilty in the Superior Court of the District of Columbia to one count of assault with intent to kill, one count of possession of a firearm during a crime of violence, and two counts of assault. The Honorable Michael Ryan scheduled sentencing for Dec. 16, 2016.
According to the government’s evidence, on Sept. 10, 2016, at about 3:15 a.m., Matthews approached a complete stranger in the 1300 block of Connecticut Avenue NW and punched him in the abdomen; the victim fell to the ground. Two of the victim’s friends, who were standing nearby, confronted Matthews and asked why he had punched their friend. At this point, Matthews said words to the effect of, “Do you want a piece, too?” and swung at one of the men with his fist, striking him in the neck. A man who was nearby approached Matthews to ask about what happened and Matthews declared words to the effect of, “I guess you want to fight, too.”
Matthews then beckoned the man to approach him, and the man told Matthews to come to him instead. At this point, Matthews drew a semi-automatic pistol, walked toward the man, and shot him once at close range in the right side of the chest. Other individuals, who were nearby at the time of the shooting, pursued Matthews and flagged down police officers. Matthews, meanwhile, discarded his shirt as he ran away and threw his gun into a dumpster in an alley off 18th Street NW. Police apprehended him and recovered the weapon. The shooting victim was taken to a hospital and is continuing to recover from his injuries.
In announcing the plea, U.S. Attorney Phillips commended the work of those who responded to the crime and investigated the case from the Metropolitan Police Department’s Second District. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Diana Lim and Assistant U.S. Attorney Michael J. Romano, who investigated and prosecuted the matter.
U.S. Attorney's Office Concludes Investigation into Death of Alonzo Smith at Southeast Washington Apartment BuildingRead 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 local charges against two Special Police Officers involved in a confrontation at an apartment building in Southeast Washington that ended with the death of 27-year-old Alonzo Smith.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the November 1, 2015, incident, which included interviews of more than two dozen civilian and law enforcement witnesses, and consultations with the Chief Medical Examiner, Deputy Medical Examiner, and Chief Toxicologist at the Office of the Chief Medical Examiner for the District of Columbia. The investigation also included the review of autopsy and toxicology reports; body-worn camera footage which depicts part of the incident; 911 calls and radio transmissions; Mobile Crime reports and photographs; physical evidence recovered on the scene, at the hospital, and from Mr. Smith’s vehicle; DNA, fingerprint and drug evidence recovered on the scene and from Mr. Smith’s vehicle; and cellphone and cell site data.
After this review, the U.S. Attorney’s Office concluded that the evidence is insufficient to prove beyond a reasonable doubt that the Special Police Officers violated Mr. Smith’s civil rights by using excessive force or that they possessed the requisite criminal intent at the time of the events. Rather, the evidence shows that Mr. Smith suffered a sudden cardiac incident that resulted in death. At the time, Mr. Smith was under the influence of a significant amount of cocaine and was being restrained by the Special Police Officers, both of which may have contributed to the cardiac incident. While the Medical Examiner listed the manner of death forensically as “homicide,” reflecting that the conduct of another person may have contributed to Mr. Smith’s death, a manner of death determination is insufficient, in and of itself, to establish that another person is criminally responsible for an individual’s death.
According to the evidence, on November 1, 2015, at approximately 2:25 a.m., Mr. Smith arrived at the Marbury Plaza apartment complex, in the 2300 block of Good Hope Road SE, to visit a friend in a high-rise building that is part of the complex. After parking his vehicle in the 2300 block of Good Hope Road, Mr. Smith went to the friend’s apartment. Between 3:10 and 3:30 a.m., Mr. Smith abruptly left the building, apparently returning to his car. At approximately 3:30 a.m., one of the Special Police Officers saw Mr. Smith run out from the building entrance towards the grassy area in front of the high-rise. Mr. Smith, who was wearing pants but no shoes or shirt, hid in the bushes; got up and hid behind the “Marbury Plaza” sign; lay down on the ground; and ran back towards the front of the building. There was nobody near Mr. Smith. The Special Police Officer radioed a second Special Police officer for assistance.
Mr. Smith then ran towards the rear parking lot of the nearby three-story garden apartments, and the Special Police Officers followed, walking approximately 50 feet behind Mr. Smith, who was yelling “help, help.” Mr. Smith continued to run through the rear parking lot to the walkway next to the garden apartment building at 2312 Good Hope Road, and then to the front parking lot while continuing to yell “help.” Between 3:30 a.m. and 4:00 a.m., multiple civilian witnesses from inside 2312 Good Hope Road and from the high-rise apartment building across the street saw Mr. Smith running around outside, shirtless and shoeless, and heard him yelling for help. Some witnesses reported hearing Mr. Smith yelling “they’re trying to kill me,” while another witness reported hearing Mr. Smith yelling “she’s trying to kill me.” None of the witnesses, however, reported that anyone was chasing or assaulting Mr. Smith or that the Special Police Officers were doing anything other than walking, at a distance, behind him. There is also no evidence that the Special Police Officers ever caught up to, or assaulted, Mr. Smith while he was on the grounds of the Marbury Plaza apartment complex outside of 2312 Good Hope Road.
At 4:02 a.m., a resident of the high-rise building reported seeing Mr. Smith running around outside, and then running into 2312 Good Hope Road, with nobody behind him. According to multiple residents of 2312 Good Hope Road, once inside, Mr. Smith started banging on their doors and yelling “help.” Because the residents believed Mr. Smith was on drugs, none of the residents opened their doors. One resident saw Mr. Smith trying to climb the interior fire escape ladder that leads to the roof.
At approximately 4:03 a.m., one of the Special Police Officers entered 2312 Good Hope Road and saw Mr. Smith on the top floor of the building. Two residents reported hearing a voice calmly telling Mr. Smith to come down from the ladder and to “calm down.” Mr. Smith then tried to jump past the Special Police Officer and/or over the railing. The Special Police Officer grabbed Mr. Smith in a bear hug-type move, pivoted, and put Mr. Smith onto the floor on the staircase landing that is one flight up from the ground level. The other Special Police Officer arrived after Mr. Smith was on the landing. While Mr. Smith remained on his stomach, the Special Police Officers attempted to handcuff Mr. Smith, who was using his left hand to grip the staircase and pull himself forward. The Special Police Officers ultimately utilized two sets of handcuffs to secure Mr. Smith. There is no evidence that during this interaction with Mr. Smith, either Special Police Officer punched, kicked, or otherwise struck Mr. Smith, and no resident reported hearing any sounds of a struggle in the hallway.
At 4:05 a.m., two MPD officers arrived and ran into the building. Both MPD officers were equipped with body worn cameras, which were activated. Mr. Smith was lying on his stomach on the staircase landing one flight up, handcuffed behind his back. One of the Special Police Officers was kneeling by, and occasionally on, Mr. Smith’s lower back, while the other Special Police Office was holding Mr. Smith’s head down. As reported to the MPD dispatcher, Mr. Smith was conscious and breathing at that time. The Special Police Officers informed the MPD officers that they believed that Mr. Smith was under the influence of PCP. Upon being told that Mr. Smith was under the influence of PCP, one of the MPD officers ran back outside to the cruiser to get shackles for Mr. Smith’s legs to further secure Mr. Smith in case of a drug-induced violent outburst. The other MPD officer remained with Mr. Smith and the two Special Police Officers. After the shackles were placed on Mr. Smith’s ankles, and approximately one minute after the MPD officers’ arrival, the officers realized that Mr. Smith had stopped moving and making sounds, although he still had a pulse. As one MPD officer again updated the dispatcher, the other MPD officer began administering CPR, which continued until the 4:11 a.m. arrival of the first personnel from the District of Columbia Fire and Emergency Medical Services Department. After several minutes of rendering medical attention to Mr. Smith and finding no vital signs, EMS personnel transported Mr. Smith to United Medical Center where, at 5:08 a.m., Mr. Smith was pronounced dead.
The Office of the Chief Medical Examiner performed the autopsy and concluded that the cause of Mr. Smith’s death was “sudden cardiac death complicating acute cocaine toxicity while restrained” with a contributing factor of “compression of torso,” and that the manner of death was homicide. There were no injuries to any of Mr. Smith’s vital organs, to include his heart; no signs of trauma to Mr. Smith’s spine, neck, or brain; no broken bones; and no injuries to Mr. Smith’s face, teeth, oral cavity, chest, or genitalia. The autopsy report further revealed that Mr. Smith had “blunt force injuries” that were described as abrasions, contusions and subcutaneous hemorrhages on his head (a 3/16th superficial abrasion), neck (a hemorrhage caused by medical intervention); torso (minor contusions and abrasions, and a deep muscular hemorrhage on his back); and extremities (minor abrasions or hemorrhages on his shoulders, elbows, forearm, wrists, and feet). Finally, a comprehensive toxicology screening revealed that Mr. Smith had THC, which is the active ingredient in marijuana, and an exceedingly high amount of cocaine in his blood. Cocaine intoxication can produce reactions similar to that normally associated with PCP, to include hallucinations, an increase in body temperature, and erratic behavior.
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 fully and completely investigated. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
Husband of Former U.S. Embassy Official in Morocco Pleads Guilty to Sexually Abusing Household Staff MemberRead the Press Release
The husband of the former Deputy Chief of Mission in Rabat, Morocco, pleaded guilty today to sexually abusing a former household staff member from 2010 to 2013.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement.
Labib Chammas, 65, of Reston, Virginia, pleaded guilty to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia. Sentencing was set for Jan. 4, 2017.
In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years. According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members. Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia. On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.
DSS investigated the case. Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.
Husband of Former U.S. Embassy Official in Morocco Pleads Guilty of Sexually Abusing Household Staff MemberRead the Press Release
WASHINGTON – The husband of the former Deputy Chief of Mission in Rabat, Morocco, pleaded guilty today to sexually abusing a former household staff member from 2010 to 2013, announced U.S. Attorney Channing D. Phillips, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS).
Labib Chammas, 65, of Reston, Virginia, pleaded guilty to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia. Sentencing was set for Jan. 4, 2017.
In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years. According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members. Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia. On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.
DSS investigated the case. Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.
Former Employee of Charitable Organization Sentenced to Prison for Stealing over $140,000 in FundsRead the Press Release
WASHINGTON- Floyd L. Middleton, 47, of Washington, D.C., was sentenced today to 15 months in prison on a federal charge involving the theft of over $140,000 from a religious charity where he worked in an administrative capacity, announced U.S. Attorney Channing D. Phillips and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office.
Middleton pled guilty in July 2016, in the U.S. District Court for the District of Columbia, to a charge of interstate transportation of stolen property. He was sentenced by the Honorable Christopher R. Cooper. Following his prison term, Middleton will be placed on three years of supervised release. He also must pay $142,484 in restitution and an identical amount in a forfeiture money judgment.
According to the government’s evidence, the scheme took place between February 2009 and October 2014, when Middleton was employed by an organization referred to in court documents as “Charity A,” a religious charity. During this period, Middleton embezzled $142,484 in funds through false representations and invoices. For example, he established the property management company that managed the apartment building where he resided in the charity’s computer system as a legitimate vendor. He then submitted false invoices leading to payments to that property management company for his personal benefit. Middleton also made false representations to secure reimbursement for personal funds that he never expended.
In announcing the sentence, U.S. Attorney Phillips and Assistant Director in Charge Abbate commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Angela Lawrence. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Kendra D. Briggs, and former Assistant U.S. Attorney Muyiwa Bamiduro, who prosecuted the matter.
Maryland Man Pleads Guilty to Robbing Four Men and Then Shooting at Responding Police OfficersRead the Press Release
WASHINGTON – Luvell Alverson, 22, of Suitland, Md., pled guilty today to robbing four people at gunpoint last summer in Southeast Washington and then firing a gun at police officers, U.S. Attorney Channing D. Phillips announced.
Alverson pled guilty in the Superior Court of the District of Columbia to four counts of armed robbery and three counts of assaulting a police officer while armed. The plea, which is contingent upon the Court’s approval, calls for a prison sentence of 10 to 16 years. The Honorable Danya A. Dayson scheduled sentencing for Dec. 13, 2016.
According to the government’s evidence, during the evening of July 11, 2016, and into the early morning hours of July 12, 2016, Alverson was with five other individuals; all arrived in a Lincoln Navigator that was parked behind Martin Luther King, Jr. Elementary School in the area of the 600 block of Alabama Avenue, SE. While behind the school, Alverson retrieved a semi-automatic handgun and went to a nearby basketball court, where four men were playing basketball. Alverson brandished the gun, ordered the men to the ground, and took their cell phones and keys. Before leaving, he fired multiple shots at the ground.
After the robberies, Alverson returned to his group and they all entered the Lincoln Navigator, with Alverson in the rear. As the vehicle attempted to leave the school, it was met by a Metropolitan Police Department (MPD) vehicle containing three officers who were responding to a report of shots in the area. The Navigator’s path was blocked by the MPD vehicle, and the Navigator backed up and stopped. Alverson lowered the rear passenger window and fired multiple shots in the direction of the officers. Officers returned fire, and Alverson left the vehicle and fled. He was identified and arrested later on July 12 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 Assistant U.S. Attorney William E. Schurmann, who investigated and prosecuted the matter.
Former Dentist Indicted on Charges He Sexually Assaulted Former Patients, Who Were Under Nitrous Oxide, and EmployeeRead the Press Release
WASHINGTON – Bilal Ahmed, 44, a former dentist who practiced in downtown Washington, D.C., was indicted by a grand jury today on charges alleging that he sexually assaulted three former dental patients and one former employee and that he improperly touched another former employee.
Mahsa Azimirad, 26, Ahmed’s former dental practice’s office manager, was also indicted today on a charge accusing her of lying to a grand jury during the investigation of Ahmed.
The indictments, which were returned in the Superior Court of the District of Columbia, were announced by U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Ahmed, of Potomac, Md., was indicted on 21 counts of sexually abusing, or otherwise improperly touching, former patients and employees. The charges include 14 felony counts of sexual abuse, four misdemeanor counts of sexual abuse, and three misdemeanor counts of assault. Azimirad, of North Bethesda, Md., was indicted on one count of perjury. They are to be arraigned on Oct. 13, 2016, by the Honorable Florence Pan.
According to evidence presented by the government in arrest warrant affidavits, at earlier court hearings, and in public documents, it is alleged that on May 21, 2014, Ahmed was practicing as a dentist at Universal Smiles DC, in the 2300 block of M Street NW. The practice was originally called Bilal Ahmed DDS PC dba Universal Smiles DC. Ahmed is the owner of these dental practices. The government alleges that on that day Ahmed performed dental treatment to the patient, including administering nitrous oxide to him through a face mask. The patient alleges when the mask came off his face, he realized that the defendant was sexually assaulting him. He also realized that the door was closed and no one was in the room with them. He reported the assault to the Metropolitan Police Department.
During the course of the investigation, and as alleged in the charges, additional victims were identified, including two former male patients and a former male employee. The other former patients also were under nitrous oxide at the time of the incidents, the government alleges. The dates of the alleged assaults span from April 24, 2013, through May 21, 2014.
Ahmed’s D.C. dental license was suspended on Nov. 3, 2014, and his Maryland dental license was suspended on April 6, 2016.
Azimirad, the former office manager at Ahmed’s dental firms, is accused of giving false testimony to a grand jury on Nov. 18, 2014.
Both defendants previously were arrested and charged in criminal complaints in the Superior Court of the District of Columbia. Ahmed was arrested on Jan. 7, 2016, at John F. Kennedy International Airport in New York. As one of the conditions of his pre-trial release, Ahmed is precluded from practicing dentistry in any capacity. Azimirad was arrested on June 16, 2016. Both Ahmed and Azimirad pled not guilty at their earlier court appearances.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictments, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Sexual Assault Unit of the MPD. They also expressed appreciation to the United States Marshals Service for its assistance in the investigation. Finally, they acknowledged the work of Assistant U.S. Attorneys Sharon Marcus-Kurn and Stuart Allen, who are prosecuting these charges.
Former Hospital Employee Indicted on Federal Charges Involving Forged Prescriptions for OxycodoneRead the Press Release
WASHINGTON – Sherrell Washington, 30, a former hospital employee, was indicted today on federal charges alleging that she forged prescriptions taken from her workplace to obtain oxycodone, announced U.S. Attorney Channing D. Phillips, Karl C. Colder, Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration (DEA), and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Washington, of Washington, D.C., was indicted by a grand jury in the U.S. District Court for the District of Columbia on eight counts of distribution of oxycodone and eight counts of obtaining a controlled substance by fraud. She will be arraigned at a later date.
According to the government’s evidence, at the time of the conduct alleged in the indictment, Washington was an administrative assistant at Medstar Georgetown University Hospital. She is accused of forging and filling prescriptions for oxycodone in eight separate instances, from April 20 through June 13, 2016, involving a total of 600 pills. Washington allegedly forged the prescriptions by using a blank pad belonging to a nurse-practitioner.
Washington was arrested on Aug. 12, 2016, and initially was charged in the Superior Court of the District of Columbia. She pleaded not guilty in that case, which will now be dismissed as the matter is moved to U.S. District Court.
Opioids historically have been used as painkillers, but they also have great potential for misuse. Repeated use of opioids greatly increases the risk of developing an opioid use disorder. While these medicines have a legitimate medical use for alleviating pain, they are in such great demand that opioids and heroin are now the number one drug threat to our region and to the nation. The Justice Department is taking a three-fold approach to the epidemic: 1) prevent further tragedies by raising awareness regarding the opioid and heroin epidemic; 2) focus on enforcement priorities and highlight best practices; and 3) deploy resources for treatment.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictment, U.S. Attorney Phillips, Special Agent in Charge Colder, and Interim Chief Newsham commended the work of those who investigated the case from the DEA and MPD. They also acknowledged the work of Assistant U.S. Attorney Jillian Willis, who handled the Superior Court matter, and Assistant U.S. Attorneys Jamila Hodge and Vincent W. Caputy, who are prosecuting the federal charges.
District Man Sentenced to Nine Years in Prison for Series of Home BurglariesRead the Press Release
WASHINGTON - Donte Purcell Polk, 27, of Washington, D.C., has been sentenced to nine years in prison for a string of home burglaries that took place last year in various neighborhoods, U.S. Attorney Channing D. Phillips announced today.
Polk pled guilty in June 2016, in the Superior Court of the District of Columbia, to one count of first-degree burglary and two counts of second-degree burglary. He was sentenced on Oct. 5, 2016, by the Honorable Juliet McKenna. Following his prison term, Polk will be placed on five years of supervised release. He also must pay $4,000 in restitution to the victims.
According to the government’s evidence, during the months of August and September of 2015, Polk gained entry into various occupied and unoccupied residences and stole numerous items ranging from electronics to luxury watches. The Metropolitan Police Department (MPD) subsequently identified Polk by his fingerprints found at the residences. Polk pled guilty to carrying out three burglaries in August and September of 2015: in the 1300 block of E Street SE, the 900 block of Seventh Street NE, and the 1200 block of Fourth Street NW.
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 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 Victim/Witness Advocate Jennifer Allen, Paralegal Specialist Tamaya Reid, and Assistant U.S. Attorney Vanessa Goodwin, who investigated and prosecuted the case.
District Man Found Guilty of First-Degree Murder While Armed in 2014 Slaying in Southeast WashingtonRead the Press Release
WASHINGTON – Gregory Green, 28, of Washington, D.C., has been found guilty of first-degree felony murder while armed in the 2014 slaying of a man in Southeast Washington, U.S. Attorney Channing D. Phillips announced today.
Green was found guilty on Oct. 3, 2016, following a trial in the Superior Court of the District of Columbia. In addition to the murder charge, the jury found him guilty of a charge of robbery while armed. The Honorable Milton C. Lee scheduled sentencing for Dec. 9, 2016.
According to the government’s evidence, on March 29, 2014, shortly after midnight, the victim, Derrick Williams, returned from work to his home. After talking to his girlfriend for a few minutes, he left to go to buy something to drink. A short time later, a witness reported hearing gunshots in the area of the 1200 block of Eaton Place SE. The witness saw Green and another man standing over Mr. Williams, who was on the ground. Mr. Williams, 35, died almost instantly from one gunshot wound to the head. Green, wearing all black, went into Mr. Williams’s front pockets and then flipped the victim over before going into his back pockets. Green was arrested on April 2, 2014. No one else was arrested in the case.
In announcing the verdict, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the assistance provided by the FBI’s Cellular Analysis Survey Team. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Lashone Samuels, Zekiah Wright, and Benjamin Kagan-Guthrie; Paralegal Supervisor Sharon Newman; Victim/Witness Advocate Marcia Rinker; Victim/Witness Services Coordinator Tonya Jones; Supervisory Victim/Witness Services Coordinator David Foster; Victim/Witness Program Specialist Wanda Queen; Supervisory Victim/Witness Program Specialist Michael Hailey; Information Technology Specialist Leif Hickling; Criminal Investigator Mark Crawford; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Assistant U.S. Attorneys Chrisellen Kolb, John Mannarino and Stephen Rickard, and Intern James Haynes. Finally, he commended the work of Assistant U.S. Attorneys Adrienne Dedjinou and Charles Willoughby, Jr., who prosecuted the case.
Virginia Man Sentenced to 20 Years to Life in Prison for 1984 Slaying of Woman in Southeast WashingtonRead the Press Release
WASHINGTON – Joe Anthony Barber, 58, formerly of Woodbridge, Va., was sentenced today to a term of 20 years to life in prison for the 1984 slaying of a woman at her apartment in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Barber was found guilty by a jury in June 2016 of first-degree murder while armed, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Robert E. Morin.
According to the government’s evidence, on Jan. 1, 1984, the body of the victim, Rachel Cox, 43, was found at 6:30 a.m., when her daughter came home to their apartment in the 3300 block of Sixth Street SE. Ms. Cox was found on the floor, partially covered with a comforter, with her hands tied behind her back, her underwear at her feet, and 12 stab wounds to her torso, which injured her liver and heart. The victim’s daughter had last seen her mother on New Year’s Eve just before midnight. Ms. Cox planned to stay in her home, watching TV, dressed for bed.
Vaginal swabs taken from the body during the 1984 autopsy were submitted for DNA analysis in April 2013. Semen was found on the swabs and a profile was developed. Barber was identified as a suspect through the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool.
Barber’s profile was in the CODIS system as a result of a 1984 conviction in an unrelated rape case in which the victim was 10 years old; in that case, he pled guilty to rape and indecent acts with a minor for an attack that took place on Oct. 11, 1984. He served nearly 20 years in prison before his release in 2004.
Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation, and Paralegal Specialist Benjamin Kagan-Guthrie, of the U.S. Attorney’s Office, initially identified this murder case for further investigation and DNA analysis. That investigation of Ms. Cox’s murder led to Barber’s arrest in November 2013, and he has been in custody since that time.
In announcing the sentence, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also acknowledged the efforts of those who also worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialists Leif Hickling and Paul Howell; Paralegal Specialists Alesha Matthews Yette, Debra Joyner, and Stephanie Siegerist; Victim/Witness Advocates Jennifer Clark and Karen Giannakoulias, and Victim/Witness Services Coordinators Tonya Jones and Katina Adams-Washington. Finally, they commended the work of Assistant U.S. Attorney S. Vinét Bryant, who investigated, indicted and prosecuted the matter.
U.S. Attorney's Office Concludes Investigation into Fatal Shooting at Union StationRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that it has completed its review of the fatal shooting of Rashad Bugg-Bey by an off-duty Baltimore County, Md. Police Department officer on Nov. 14, 2015, at Union Station. After a careful review of all of the evidence, the U.S. Attorney’s Office has concluded that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against the officer involved in the fatal shooting of Mr. Bugg-Bey.
The U.S. Attorney’s Office for the District of Columbia and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident, which included interviews of law enforcement and civilian witnesses and assessing photographs, video footage, diagrams, physical evidence, recorded radio communications, the autopsy report, and other evidence.
According to the evidence, the shooting took place Nov. 14, 2015, at approximately 8:15 p.m. Mr. Bugg-Bey, 25, and a female relative were at Union Station, 50 Massachusetts Avenue NE. They were on the lower Metro level, when Mr. Bugg-Bey inexplicably pulled out a large kitchen knife and slashed his relative’s face. Bleeding, she began to flee Union Station.
The Baltimore County officer, who was off-duty and with a friend, had just entered Union Station through a lower-level entrance to Metro when he saw a woman, who was screaming and running toward the exit. The officer continued walking toward the escalator that leads from the Metro level into Union Station when he observed Mr. Bugg-Bey a few feet from the escalator, armed with a butcher knife. The officer and his friend stepped onto the escalator.
Mr. Bugg-Bey, still armed with the knife, also got on the escalator. He pointed the knife in the direction of the off-duty officer and his friend. The off-duty officer identified himself as a police officer and gave Mr. Bugg-Bey numerous commands to drop his weapon, but Mr. Bugg-Bey refused to comply. Mr. Bugg-Bey continued to ascend the elevator with the knife raised in a manner that the officer and several witnesses described as threatening and menacing.
According to the evidence, the officer discharged his weapon after Mr. Bugg-Bey failed to drop his knife and had almost reached the top of the escalator. In between discharging rounds, the officer continued to give Mr. Bugg-Bey commands to drop the knife. If Mr. Bugg-Bey had exited the escalator while still armed, he would have had access to additional civilians located in the boarding areas of Union Station as well as the area for shopping and restaurants.
Mr. Bugg-Bey was taken to a hospital with gunshot wounds to his head and hand. He was released from the hospital on Dec. 11, 2015. He died on Dec. 22, 2015 as a result of his injuries from the shooting.
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.
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 fully and completely investigated. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
Thai Man Found Guilty of Conspiracy to Violate Arms Export Control Act and International Traffic in Arms Regulations, Involving Significant Amounts of Gun PartsRead the Press Release
WASHINGTON – Pheerayuth Burden, 46, a Thai national who had been living in Torrance, California, was found guilty by a jury today of taking part in a conspiracy involving the purchase and shipment of hundreds of gun parts and accessories from the United States to Thailand without a license. His company, Wing–On LLC, also was found guilty of charges.
The verdict was announced by U.S. Attorney Channing D. Phillips and Clark E. Settles, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Washington, D.C.
Following a trial in the U.S. District Court for the District of Columbia, the jury found Burden and Wing-On LLC guilty of one count of conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations, one count of unlawful export of defense articles from the United States, and one count of conspiracy to commit money laundering. The Honorable Rosemary M. Collyer scheduled sentencing for Dec. 15, 2016. She ordered that Burden be placed in custody while awaiting the sentencing hearing.
A co-defendant, Kitibordee Yindeear-Rom, 29, a native and citizen of Thailand, pled guilty to a conspiracy charge in November 2014.
According to the government’s evidence, beginning at least in or about July 2010, Burden, Wing-On, LLC and Yindeear-Rom entered into an agreement to illegally ship United States origin goods, including defense articles - specifically gun parts - to Thailand. As part of their agreement, Yindeear-Rom purchased gun parts from United States manufacturers through on-line purchases, and directed the purchased items to be sent to Burden and Wing-On, which was based in Carson, Calif., to conceal the ultimate destination of the purchases.
Upon receipt of the gun parts, the items would be repackaged for shipment to Thailand. Extending through at least October 2013 as part of the conspiracy, Burden and Yindeear-Rom caused to be purchased and shipped hundreds of different gun parts from the United States to Thailand without a license. These gun parts included, for example, numerous firearm parts, including key components for AR-15 military-style assault rifles.
The jury found that Burden and his company, Wing-On, LLC, acted without a license and in knowing violation of federal export and money-laundering law.
In announcing the verdict, U.S. Attorney Phillips and Special Agent in Charge Settles commended the efforts of the Special Agents who investigated the case for U.S. Immigration and Customs Enforcement, Homeland Security Investigations. They also expressed appreciation for the assistance provided by the State Department’s Directorate of Defense Trade Controls, U.S. Customs and Border Protection, and the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Offices, including Assistant U.S. Attorneys Christopher B. Brown, Zia Faruqui, and Michael Friedman; Paralegal Specialists Elana Buruncenco and Jorge Casillas; Victim/Witness Advocates Yvonne Bryant and Tonya Brown, and Litigation Technology Specialists Anisha Bhatia and Josh Ellen. Finally, they commended the work of Assistant U.S. Attorneys Tejpal Chawla and Opher Shweiki, who prosecuted the case.
Home Health Care Agency Ordered to Pay over $6 Million for False Claims Made to D.C. MedicaidRead the Press Release
WASHINGTON – A federal judge has ordered Speqtrum Inc., a home health care agency, to pay the United States $6.15 million in civil damages after ruling in the government’s favor in a lawsuit alleging that the company violated the False Claims Act by repeatedly and routinely falsifying records to obtain funds from Medicaid.
The judgment was announced today by U.S. Attorney Channing D. Phillips, Paul M. Abbate, 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.
The United States filed suit against the company in 2010 and the case went to trial earlier this year in the U.S. District Court for the District of Columbia. In February 2016, the Honorable James E. Boasberg ruled in favor of the government, and on September 23, 2016, he issued the order setting damages.
According to the government’s evidence, Speqtrum, Inc. is based in Upper Marlboro, Md., and operated in the District of Columbia. The company was a participating provider and received reimbursement from the District of Columbia’s Medicaid program.
Under the Medicaid program, Speqtrum, Inc. was initially approved to furnish elderly and disabled patients with assistance in the day-to-day activities of living, such as bathing, dressing, and taking needed medications. D.C. Medicaid, which is subsidized by the federal Medicaid program, paid for many of Speqtrum’s services for low-income patients.
The District of Columbia’s Department of Health Care Finance discovered irregularities in Speqtrum’s records during a routine audit in May 2009. A team consisting of Special Agents from the FBI’s Washington Field Office and the U.S. Department of Health and Human Services Office of the Inspector General then began an investigation, which included the execution of search warrants on Speqtrum’s offices in Washington, D.C. The documents collected confirmed that patient files contained forged signatures or falsified timesheets. One document contained various practice runs at forging a doctor’s signature – which later appeared in a patient file. Still other documents demonstrated that employees alerted Speqtrum’s President and Founder, Pauline Nnawuba, to the fact that high-level employees had been defrauding Medicaid on the company’s behalf, but Speqtrum failed to report the conduct to Medicaid. At the conclusion of the investigation, the United States filed the False Claims Act action, alleging a massive and routine pattern of fraud by high-level employees of Speqtrum.
In his decision to treble the initial $1.3 million damages awarded to the United States under the False Claims Act, and to further impose an additional $10,000 civil penalty for each of the 216 D.C. Medicaid invoices submitted by Speqtrum, Judge Boasberg found the loss to Medicaid to be “substantial,” and further found that Speqtrum’s conduct was “egregious and willful in its cooking of the books, overbilling for hours not worked, charging … for clients it did not service, and forging physician signatures on its paperwork.” Accordingly, Judge Boasberg awarded the United States a total of $6.15 million. The amount will be shared with the District of Columbia’s Medicaid program.
In announcing the judgment, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Special Agent in Charge DiGiulio commended the work of those who investigated the case from the FBI and HHS-OIG. They also expressed appreciation for the assistance provided by the District of Columbia Office of the Attorney General and the Medicaid Fraud Control Unit of the District of Columbia Office of the Inspector General. Finally, they acknowledged the efforts of those who worked on the case and brought it to trial from the U.S. Attorney’s Office, including Assistant U.S. Attorney Darrell C. Valdez and Paralegal Specialist Idongesit “Benji” Umo.
The lawsuit is captioned United States v. Speqtrum, Inc., Civil Action 10-cv-2111 (D.D.C.).
District Man Pleads Guilty to Burglary Charge in Early-Morning Break-in of Woman's ApartmentRead the Press Release
WASHINGTON – Antwon Pitt, 22, of Washington, D.C., pled guilty today to a charge of second-degree burglary stemming from a break-in he committed last fall of an apartment where a woman was sleeping, U.S. Attorney Channing D. Phillips announced.
Pitt pled guilty in the Superior Court of the District of Columbia. In a separate proceeding, he was found guilty by a jury on June 8, 2016, of first-degree sexual abuse, kidnapping, first-degree burglary, robbery, threats, and felony assault, stemming from a sexual assault that he committed one week after the burglary that he pled to today. Pitt faces additional penalties at sentencing because he committed these offenses while on release in a separate case.
The Honorable Florence Pan scheduled sentencing for both crimes to take place on Oct. 21, 2016. Pitt remains in custody.
According to the government’s evidence, on Oct. 6, 2015, at approximately 6:15 a.m., Pitt entered an apartment unit on Michigan Avenue NE, with the intent to steal. Once inside the apartment, he entered a bedroom where a young woman was sleeping. She woke up and saw the defendant, whom she did not know, with her cell phone in his hand. After a brief verbal exchange, Pitt left the apartment, taking with him several items belonging to the woman, including her cell phone, a tote bag, her wallet, multiple identification cards, a debit card, a Metro card, and other personal items.
Surveillance footage captured Pitt leaving the building and entering the nearby Brookland Metro station. Following Pitt’s arrest on Oct. 14, 2015, police recovered several of the victim’s personal items, including her cell phone, wallet, and several identification cards.
The earlier jury verdict involved an attack that took place on Oct. 13, 2015, at approximately 2:15 p.m., at a home in Southeast Washington. In that case, the victim was alone and working at home on her computer. Suddenly she saw Pitt standing in her apartment. He had entered through an unlocked door. After learning that the woman was alone, he grabbed her and slammed her onto the floor. He proceeded to violently press his hand over the victim's mouth and nose as he forced her down the hall with his other hand around her throat. Once in the victim's bedroom, he raped the victim on her own bed. After the rape, he took the victim's phone, demanded her passcode, and left. The victim was taken to the hospital where she was treated for her injuries, which included fractured facial bones requiring surgery.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated both of the crimes from the Metropolitan Police Department. He also expressed appreciation for the assistance provided by the U.S. Secret Service, the FBI, the U.S. Marshals Service, the Metro Transit Police Department, the District of Columbia Department of Forensic Sciences, Sorenson Forensics, and Signature Science, LLC. He acknowledged the efforts of a team that worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donhue Troy Griffith and D’Yvonne Key, Victim/Witness Advocates Tracey Hawkins and Veronica Vaughan, and Criminal Investigator John Marsh. Finally, he commended the work of Assistant U.S. Attorneys Sarah McClellan and Luke Jones, who investigated and prosecuted the matters.
Maryland Man Sentenced to More Than Four Years in Prison for Tax FraudRead the Press Release
WASHINGTON – A Chevy Chase, Maryland man was sentenced to 54 months in prison today after pleading guilty to a federal tax evasion charge stemming from his failure to pay taxes on more than $4.8 million in income that he accrued over a six-year period, announced U.S. Attorney Channing D. Phillips, Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and Special Agent in Charge Thomas Jankowski of the Internal Revenue Service-Criminal Investigation’s (IRS-CI) Washington, D.C. Field Office.
Cornell M. Jones Jr., 59, pleaded guilty on Jan 19 to one count of tax evasion. According to the government’s evidence, Jones was the managing member of WFJ LLC, a Washington, D.C. company that engaged in real estate transactions. He was also the executive director of Miracle Hands, a non-profit organization in Washington, D.C. In 2012, the IRS revoked Miracle Hand’s tax-exempt status over its failure to file tax returns for 2009 through 2011.
The government’s evidence showed that neither Jones nor WFJ filed returns for 2008 through 2013. WFJ generated income through the sale and leasing of commercial properties in Northeast Washington, D.C., and through payments it received for consulting work purportedly done by Jones. Jones used WFJ’s income for his personal benefit, which included more than $1 million in cash that he withdrew from WFJ bank accounts. During the years 2008 through 2013, Jones received approximately $4,806,019 in taxable income that he failed to report to the IRS. The tax due and owing to the United States on this amount is approximately $1,759,953.
In addition to the prison term, U.S. District Judge Richard J. Leon ordered Jones to serve three years of supervised release, perform 360 hours of community service and pay restitution to the IRS in the amount of $1,759,953.
U.S. Attorney Phillips, Principal Deputy Assistant Attorney General Ciraolo, and Special Agent in Charge Jankowski thanked special agents of IRS-CI, who conducted the investigation, and Assistant U.S. Attorney Anthony Saler for the District of Columbia and Trial Attorney Kenneth C. Vert of the Tax Division, who prosecuted the case. Assistance was provided by Assistant U.S. Attorneys David A. Last, Arvind K. Lal and Michael K. Atkinson; Criminal Investigator Juan Juarez; Financial Analyst Bryan J. Snitselaar; and Paralegal Specialists C. Rosalind Pressley and Toni Donato, all of the U.S. Attorney’s Office for the District of Columbia.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Maryland Man Sentenced to Five Years in Prison for Distributing PCPRead the Press Release
WASHINGTON – Jameil Michael Arrington, 23, of District Heights, Md., was sentenced today to a five-year prison term on a drug charge stemming from his sales of PCP to an undercover officer in 2014 and 2015, in Washington, D.C., U.S. Attorney Channing D. Phillips announced.
Arrington pled guilty in May 2016, in the U.S. District Court for the District of Columbia, to one count of distribution of 100 grams or more of Phencyclidine (PCP). The offense took place in June 2015. As part of his plea, Arrington also acknowledged responsibility for distributing PCP on ten other occasions from March of 2014 through June of 2015. At the time of the sales, he was on supervised release for two separate criminal cases in Maryland. He has been in custody since his arrest on Aug. 1, 2015. Arrington was sentenced by the Honorable Senior Judge Gladys Kessler. Following his prison term, he will be placed on five years of supervised release.
According to the government's factual proffer, Arrington developed on ongoing illegal business relationship with an undercover officer who was posing as a redistributor of PCP. Arrington first sold PCP to the undercover officer in March of 2014, and continued to sell PCP to the undercover officer in the District of Columbia both before and after Arrington was briefly incarcerated in the summer of 2014. The undercover purchases continued into the summer of 2015.
In announcing the sentence, U.S. Attorney Phillips praised the work of the Metropolitan Police Department. He also commended the efforts of those who assisted at the U.S. Attorney’s Office, including Paralegal Specialists Teesha Tobias and Candace Battle, and Legal Assistant Latoya Wade. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Stephen J. Gripkey, who prosecuted the case.
Two Men Sentenced to Prison Terms for Broad Daylight Murder in Southeast WashingtonRead the Press Release
WASHINGTON- Markell Alston, 23, and Darryl Malloy, 21, both formerly of Washington, D.C., were sentenced today to prison terms for the broad daylight slaying of a man in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Both men pled guilty in June 2016, in the Superior Court of the District of Columbia, to second-degree murder while armed in the death of Kevin Owens. Each also pled guilty in separate cases to assault with a dangerous weapon. They were each sentenced by the Honorable Robert E. Morin to a total of 26 years in prison. Following their prison terms, each man will be placed on five years of supervised release.
According to the government’s evidence, Alston and Malloy were good friends who lived in the Woodland Terrace area of Southeast Washington. Mr. Owens, 22, was from the Congress Park area of Southeast Washington. In December 2014 and January 2015, Alston was angry that Mr. Owens had started dating the mother of two of Alston’s children.
On Jan. 19, 2015, Martin Luther King Jr. Day, at about 2 p.m., Mr. Owens parked his car in the 3400 block of 13th Place SE, in the Congress Park area. While Mr. Owens was sitting in the driver’s seat of his car, Alston and Malloy approached the vehicle from behind. Both defendants were armed, and both fired multiple shots at Mr. Owens. They then ran away. Mr. Owens, who was struck by seven bullets, was found on the street near the driver’s side of his car. The shooting was captured by a high-definition surveillance video camera installed in the area by the Metropolitan Police Department.
In a separate case, Alston pled guilty to assaulting another inmate while he was in custody at the D.C. Jail in a noontime incident on Nov. 18, 2015. According to the government’s evidence, he and another inmate stabbed the victim with sharp objects. A corrections officer ran over and halted the attack. The victim was taken to a hospital and treated for 23 stab wounds, including on his head, neck, back, and arms.
Malloy pled guilty to accosting a contractor who was installing safety lights on the afternoon of Sept. 15, 2014, on the roofs of buildings in the Woodland Terrace area. While the contractor was on a ladder, Malloy approached him, pulled a gun from his waistband, and yelled that he did not want the lights installed.
Alston’s sentence includes 26 years for the murder and three years for the assault, to run concurrently. Malloy’s sentence includes 23 years for the murder and three years for the assault he committed, to run consecutively.
In announcing the sentences, U.S. Attorney Phillips and Interim Chief Newsham commended the work of the Metropolitan Police Department, which investigated the murder case. They also expressed appreciation for the assistance provided by the District of Columbia Department of Corrections, the District of Columbia Department of Forensic Sciences, the FBI, and Bode Cellmark Forensics. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Zekiah Wright, former Paralegal Specialist Karen Hansen, Investigative Analyst Zachary McMenamin, Criminal Investigators John Marsh and Durand Odom, Victim/Witness Advocate Marcia Rinker, Supervisor Security Specialist Michael Hailey, and Victim/Witness Security Specialists M. Laverne Forrest and Tanya Via. Finally, they commended the efforts of Assistant U.S. Attorneys Natalia Medina, Jeffrey Nestler, Lindsey Merikas, and Dineen Baker, who investigated and secured indictments in the various cases.
Former Emergency Room Nurse Sentenced to 45 Months in Prison for Sexually Abusing Three PatientsRead the Press Release
WASHINGTON –Jared Kline a former emergency room staff nurse, was sentenced today to 45 months in prison for sexually abusing three patients in separate incidents at area hospitals, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).
Kline, 39, of Springfield, Va., was found guilty by a jury in June 2016 of three counts of second-degree sexual abuse of a patient, including two with aggravating circumstances. The verdicts followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Michael Ryan. The judge sentenced Kline to a total of 86 months in prison, but suspended all but 45 months of that time on the condition he successfully complete five years of probation. Judge Ryan also imposed a period of 10 years of supervised release. During his supervised release, he may not work in any field involving contact with patients. Additionally, he must register as a sex offender for the rest of his life. Kline was taken into custody today.
“This defendant sexually abused victims at especially vulnerable times, when they were turning to him for treatment in hospital emergency rooms,” said U.S. Attorney Phillips. “Hopefully today’s sentence will deter this defendant and others from engaging in similar conduct and bring some relief to the women who were traumatized by his reprehensible acts.”
According to the government’s evidence, between 2013 and 2014, Kline was a traveling nurse in the Washington, D.C. area, taking shifts in the emergency departments at various hospitals. In three separate instances, he intentionally thrust his penis against the victims’ hands while purporting to provide them with medical care. Two came forward soon after their release from the hospitals, while one reported while she was still at the hospital. All were interviewed by the Metropolitan Police Department.
One incident took place early May 12, 2013, at the George Washington University Hospital. Another occurred on the evening of Dec. 28, 2013 at the Washington Hospital Center. The third incident took place late Aug. 23, 2014 at United Medical Center. According to the government’s evidence, each victim was very ill, alone, and extremely vulnerable in the emergency room. Each was under the medical care of the defendant. Kline was responsible for taking the victims’ vital signs, inserting their IV’s, and administering their medications. On each occasion, he began flirting with the victim. While it may have seemed inappropriate, the victims believed the flirting was meant to calm them and reduce their anxiety. Then, while inserting an IV or affixing a blood pressure cuff, Kline sexually assaulted the victim.
In announcing the sentence, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department and its Sexual Assault Unit. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Jodi Lazarus, Christopher Macchiaroli, Chrisellen Kolb, Katherine Kelly, and Deborah Sines; Elizabeth Trosman, Chief of the Appellate Division; Victim/Witness Advocate Tracey Hawkins; Paralegal Specialists D’Yvonne Key and Tiffany Jones, and Litigation Technology Specialist Leif Hickling. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Jason Park and John B. Timmer, who investigated and prosecuted the case.
District Man Sentenced to 9 1/2-Year Prison Term for Armed Home InvasionRead the Press Release
WASHINGTON – Jeffery Wood, 20, of Washington, D.C., was sentenced today to a prison term of 9 ½-years on charges stemming from an armed home invasion that took place earlier this year in Northeast Washington, U.S. Attorney Channing D. Phillips announced.
Wood pled guilty in June 2016, in the Superior Court of the District of Columbia, to charges of first-degree burglary and assault with a dangerous weapon. He was sentenced by the Honorable Zoe Bush. Upon completion of his prison term, he will be placed on three years of supervised release.
According to the government’s evidence, the victim and her 11-month-old son were at her boyfriend’s apartment in the 5000 block of Jay Street NE at about 2:05 p.m. on Feb. 24, 2016. While her boyfriend was gone, the victim heard a knock on the bedroom door. When she opened the door, she was confronted by three men, each dressed in black, wearing a black mask, and armed with a black firearm. She recognized Woods as one of the assailants. He ordered her and her son to enter and remain in the bathroom, as one of the other men stood guard at gunpoint. During the 20-minute ordeal, this man pointed his firearm at the child’s head, leading the victim to place him in the bathtub and close a shower curtain to protect him. The three men finally left. A flat-screen television, shoes, and a Sony PlayStation4 were then determined to be missing from the apartment.
Wood was arrested on March 10, 2016, still in possession of a black mask. He has remained in custody ever since. No one else has been arrested in the case.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Sixth District of 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 Jennifer Allen and Assistant U.S. Attorneys Ahmed M. Baset and Alicia Long, who investigated and prosecuted the case.
District Man Sentenced to 15 Years in Prison for Shooting Former Girlfriend, and Another Man, Wounding Her and Killing HimRead the Press Release
WASHINGTON – Tavon Moore, 27, of Washington, D.C., was sentenced today to 15 years in prison for a domestic violence incident in which he shot his former girlfriend and another man, wounding her and killing him, U.S. Attorney Channing D. Phillips announced.
Moore pled guilty in July 2016, in the Superior Court of the District of Columbia, to charges of voluntary manslaughter while armed and assault with a dangerous weapon. The plea agreement, which was contingent upon the Court’s approval, called for a sentence of 15 years in prison, to be followed by five years of supervised release. The Honorable Lynn Leibovitz accepted the plea today and sentenced Moore accordingly. At the hearing today, Judge Leibovitz noted that the shooting was the culmination of a lengthy history of domestic violence.
According to the government’s evidence on March 4, 2016, just before 3 p.m., Moore’s ex-girlfriend and a friend, Noel Rezene, 26, drove to Moore’s apartment in the 3300 block of 23rd Street SE. Also in the car was the 2-year-old child of the ex-girlfriend and Moore. Shortly after arriving, Moore’s ex-girlfriend brought their child to the apartment. She then came across Moore outside the apartment building, and the two argued. During the course of the argument, Mr. Rezene displayed a firearm and asked Moore to stop speaking in a disrespectful manner. The ex-girlfriend then went to retrieve the child from the apartment. Moore also proceeded to return to his apartment. Mr. Rezene followed them both into the building.
The ex-girlfriend then retrieved the child and fled with her to her car, which was parked in a nearby parking lot. Mr. Rezene then began shooting through the door of Moore’s apartment and into the apartment that was then occupied by the defendant and his family.
Moore retrieved a firearm from within the apartment and began shooting back through the door at Mr. Rezene, striking him at least once. Mr. Rezene fled towards the car, which by then was occupied by Moore’s ex-girlfriend and the child. As Mr. Rezene neared the car, Moore shot him again, causing Mr. Rezene to stumble and drop his firearm. Mr. Rezene got into the car and Moore’s ex-girlfriend backed the vehicle away, trying to flee. Moore chased after the car, firing multiple shots into it, striking both Mr. Rezene and the ex-girlfriend. At least one shot went through the front windshield on the driver’s side. The child was not struck by any gunfire.
Moore’s ex-girlfriend drove to a nearby hospital, where Mr. Rezene was pronounced dead from the gunshot wounds inflicted by the defendant. She received treatment for multiple gunshot wounds to her right arm and the right side of her torso.
During his plea, Moore acknowledged that he was not acting in self-defense when shooting his ex-girlfriend, and even if his actions against Mr. Rezene were taken in self-defense, by following him outside and continuing to shoot, he used excessive force.
Moore has been convicted of multiple prior domestic violence assaults against his ex-girlfriend, and was on probation for one of those assaults at the time of the shooting. That probation has since been revoked.
In announcing the sentence, U.S. Attorney Phillips commended the work of the detectives of the Criminal Investigations Division Homicide Branch, crime scene officers, and the Seventh Police District of the Metropolitan Police Department. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Marcia Rinker of the Victim/Witness Assistance Unit; Paralegal Specialist Stephanie Siegerist; Criminal Investigator John Marsh, and Intern Anthony Jankowski. He also commended the efforts of Assistant U.S. Attorneys Christopher Bruckmann and Akhi Johnson, who investigated and prosecuted the case.
District Man Found Guilty of First-Degree Murder While Armed in 2011 Slaying of 18-Year-Old in Northeast WashingtonRead the Press Release
WASHINGTON – Dwayne Hilton, 25, of Washington, D.C., has been found guilty of first-degree murder while armed and other charges for the 2011 slaying of a man in Northeast Washington, U.S. Attorney Channing D. Phillips announced today.
Hilton was found guilty on Sept, 21, 2016 of the murder charge, three counts of assault with intent to kill while armed, and related firearms offenses. The verdict followed a trial in the Superior Court of the District of Columbia. He is to be sentenced on Dec. 9, 2016, by the Honorable José M. Lopez. Hilton faces a potential sentence of life in prison.
According to the government’s evidence, on Nov. 26, 2011, at approximately 12:35 a.m., Hilton and an unknown accomplice followed the victim, 18-year-old Mico Briscoe, and his friends for approximately two blocks, as they walked to the Circle 7 convenience store in the 1200 block of Mount Olivet Road NE. Hilton and the accomplice ran up behind Mr. Briscoe and his friends. As Mr. Briscoe and three friends approached the front door of the Circle 7, they were shot approximately 19 times from behind. Mr. Briscoe was shot once directly in the back, and once from a ricochet in the clavicle. He died several hours later. One of his friends was shot in the elbow, and survived. The remaining two friends suffered graze wounds.
This shooting is believed to have arisen from an old rivalry between two neighborhood groups in the Trinidad and E Street/Rosedale areas. Hilton was arrested on Feb. 11, 2013, and has been in custody ever since.
In announcing the verdict, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by the U.S. Marshals Service, the FBI, and the District of Columbia Department of Forensic Sciences. He acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Chrisellen Kolb; Litigation Technology Specialist Leif Hickling; Investigative Analyst Zachary McMenamin, and Paralegal Specialists Benjamin Kagan-Guthrie, Sandra Lane, and Zekiah Wright. Finally, he commended the work of Assistant U.S. Attorney Shana Fulton, who investigated the case and secured the defendant’s indictment, and Assistant U.S. Attorneys Sharon Donovan and Alicia Long, who investigated and prosecuted the case.
U.S. Attorney's Office to Sponsor Event to Raise Awareness of Heroin and Opioid AbuseRead the Press Release
WASHINGTON –The U.S. Attorney’s Office for the District of Columbia, the District of Columbia Department of Parks and Recreation, and other government and community partners are leading an event Thursday, Sept. 22, 2016, at Marvin Gaye Park to raise awareness about the rising public health crisis caused by drug overdoses.
The event is open to the public and runs from 10 a.m. to 2 p.m. at the park, which is at the corner of Division Avenue and Foote Street in Northeast Washington. The program is designed to educate the community about the heroin and opioid epidemic. Substance abuse treatment counselors will be present to provide information and make direct referrals to treatment programs. Music will be provided by DJ FLAVA of WKYS Radio (93.9 FM). In addition, music will be performed by the Amazing Gospel Souls – the Lorton Legends.
“We must do everything we can to fight the heroin and opioid epidemic that is threatening communities across the nation,” said U.S. Attorney Channing D. Phillips. “Raising awareness about the lethal consequences of heroin and opioid abuse is a priority of our office and we hope this week’s event at Marvin Gaye Park will launch meaningful action and discussion.”
President Obama has proclaimed this to be National Heroin and Opioid Awareness Week. Attorney General Loretta E. Lynch and other officials are making appearances across the nation throughout the week to highlight the problem and to reinforce the Justice Department’s three-fold approach to the opioid and heroin epidemic: 1) prevent further tragedies by raising awareness regarding the opioid and heroin epidemic; 2) focus on enforcement priorities and highlight best practices; and 3) deploy resources for treatment.
More Americans now die every year from drug overdoses than they do in motor vehicle crashes—and most of those involve prescription opioids or heroin. In 2014, more than 27,000 lives were lost to heroin and opioids, and reports from the field indicate that this number has increased in 2015 and this year. The largest share of this toll comes from the abuse of prescription opioids, but the number of deaths from heroin has increased dramatically over the last several years. Particularly disturbing is the recent rise of deaths caused by fentanyl, a synthetic opioid that is much stronger than heroin, and its derivatives.
Opioids historically have been used as painkillers, but they also have great potential for misuse. Repeated use of opioids greatly increases the risk of developing an opioid use disorder. The use of illegal opiate drugs such as heroin and the misuse of legally available pain relievers such as oxycodone and hydrocodone can have serious negative health effects.
Many young people who inject heroin report misuse of prescription opioids before starting to use heroin. In addition to increasing the risk of overdose, the intravenous use of heroin places individuals at higher risk of diseases like HIV and hepatitis C.
Others taking part in the event Thursday include the Court Services and Offender Supervision Agency; the Metropolitan Police Department; the FBI’s Washington Field Office; the U.S. Drug Enforcement Administration; the Metro Transit Police Department; the District of Columbia Office of the Attorney General; the District of Columbia Department of Health; the District of Columbia Department of Behavioral Health; the District of Columbia Fire and Emergency Medical Services Department; the District of Columbia Prevention Center for Wards 7 & 8; Hillcrest Children and Family Center; Collaborative Solutions for Communities; Foundation for a Drug Free World, and the East River Family Strengthening Collaborative.
Thursday’s event is among a series of presentations this week by the U.S. Attorney’s Office and several local partners to various audiences in the District of Columbia.
Those with questions or interest in the event Thursday may contact Supervisory Community Outreach Specialist Brenda J. Horner at 202-252-6959 or [email protected].
Twitter: #opioidawareness
Two Maryland Men Sentenced on Federal Charges for Roles in Massive Identity Theft and Tax Fraud SchemeRead the Press Release
WASHINGTON – Two Maryland men were sentenced today for their involvement in a far-reaching stolen identity refund fraud scheme in which they worked with others to seek over $700,000 in income tax refunds through the filing of fraudulent federal income tax returns, announced U.S. Attorney Channing D. Phillips, Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, Special Agent in Charge Thomas Jankowski of the Internal Revenue Service-Criminal Investigation (IRS-CI), Inspector in Charge Terrence P. Mckeown 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.
Wayne Gardner, 50, of Capitol Heights, Maryland, and Michael Whittaker, 32, of Cumberland, Maryland, are among approximately 20 participants in this scheme who have pleaded guilty to charges in the U.S. District Court for the District of Columbia. According to court documents, the overall case involves the filing of at least 12,000 fraudulent federal income tax returns that sought refunds of at least $42 million. The two men pleaded guilty on Jan. 20, to one count each of conspiracy to commit theft of public money and theft of public money.
U.S. District Judge Ellen S. Huvelle for the District of Columbia sentenced Gardner to serve 16 months in prison, 200 hours of community service and ordered him to pay $158,160 in restitution to the IRS, and sentenced Whittaker to serve18 months in prison and ordered him to pay $397,090 in restitution to the IRS. The restitution ordered represents the value of the U.S. Treasury checks that were negotiated as a result of their conduct. Following their prison terms, the men will be placed on three years of supervised release.
According to the government’s evidence, Gardner and Whittaker participated in a massive and sophisticated stolen identity refund fraud scheme that involved an extensive network of more than 130 people, many of whom were receiving public assistance. The refunds were sought 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, people who were willing participants in the scheme. The refunds listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia.
According to documents filed with the court, Gardner and Whittaker obtained the means of identification of third parties, including names and social security numbers and provided them to a co-conspirator for use in the preparation of fraudulent income tax returns. Whittaker admitted to providing 21 means of identification from August 2010 to May 2012. He also permitted various residential addresses that he controlled to be used as purported taxpayer addresses for the delivery of tax refund checks and deposited U.S. Treasury checks that were received as part of this scheme into his bank accounts. Gardner admitted to providing 65 means of identification to a co-conspirator between August and December 2010, and his involvement in the filing of 116 fraudulent tax returns that sought refunds of approximately $299,984. Whittaker admitted that he was involved in the filing of 135 fraudulent tax returns that sought refunds of approximately $494,902.
The fraudulent tax returns that were filed as part of the scheme included Schedules C or C-EZ that falsely claimed that each “taxpayer” operated a business, such as “barber” or “childcare,” as a sole proprietorship. The returns falsely stated that the “taxpayer” had gross receipts and two or more dependent children, when, in fact, the “taxpayer” was either a victim of identity theft, was misled into providing his or her identifying information, or was a willing participant in the scheme.
Two other defendants recently were sentenced for their roles in the conspiracy:
Bernard Rankin, 44, of Glenarden, Maryland, was sentenced to serve 15 months in prison and ordered to perform 100 hours of community service and pay $190,487 in restitution. He pleaded guilty on Nov. 4, 2015, to conspiracy to defraud the United States with respect to claims. Rankin admitted permitting the use of his residential address and bank account in the scheme and recruiting another individual to take part as well.
Lakisha Jackson, 40, of District Heights, Maryland, was sentenced to serve six months in a halfway house and ordered to perform 100 hours of community service and pay $175,953 in restitution. She pleaded guilty on May 3, to one count of conspiracy to commit theft of public money. Jackson admitted that she allowed her residential address to be used in the scheme.
In announcing the sentences, U.S. Attorney Phillips, Principal Deputy Assistant Attorney General Ciraolo, Special Agent in Charge Jankowski, Inspector in Charge Mckeown and Assistant Inspector General Phillips commended those who investigated the case. They also 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 and Paralegal Specialists Donna Galindo, Julie Dailey, and Jessica Mundi. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Ellen Chubin Epstein of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorneys Jeffrey B. Bender and Thomas F. Koelbl and former Trial Attorney Jessica Moran of the Tax Division, who prosecuted the case.
Maryland Man Pleads Guilty to Sexually Abusing 12-Year-OldRead the Press Release
WASHINGTON – Enrique Carbajal, 25, of Wheaton, Md., pled guilty today to a charge of first-degree sexual abuse of a child for sexually abusing a 12-year-old girl earlier this year in Northwest Washington, U.S. Attorney Channing Phillips announced.
Carbajal pled guilty in the Superior Court of the District of Columbia before the Honorable José M. Lopez. The plea, which is subject to the Court’s approval, calls for a prison sentence of 90 months. Judge Lopez set a sentencing date for Nov. 29, 2016. In addition to prison time, Carbajal will be required to register as a sex offender for ten years.
According to the government’s evidence, on March 26, 2016, Carbajal contacted the victim’s mother to ask whether he could come to her house in Northwest Washington to have lunch with the child. When the mother told him that the child was not likely to be home, he went there regardless. At about noon that day, the child opened the door and allowed Carbajal to come inside. He then sexually assaulted the child inside of her parent’s bedroom. At the conclusion of the assault, Carbajal took the victim to his apartment in Wheaton.
Once inside the apartment, Carbajal approached his roommate with the victim and described her as “a piece of new meat.” According to the government’s evidence, the roommate then took the victim into a bedroom and sexually assaulted the child. Then, both Carbajal and the roommate took the child to a party in Alexandria, Va., where the roommate once again sexually assaulted the child inside a bedroom.
Both Carbajal and the roommate were arrested in Montgomery County, Md., on June 3, 2016, and have been held in jail during the pendency of their cases. The roommate pled guilty to one count of second-degree rape in the Circuit Court for Montgomery County on Aug. 17, 2016. He will be sentenced on Nov. 21, 2016, before the Honorable Mary McCormick.
In announcing the guilty plea, U.S. Attorney Phillips commended the work performed by those who investigated the case from the FBI's Child Exploitation Task Force, the Metropolitan Police Department’s Youth Division, the Special Victims Investigation Division of the Montgomery County, Md. Department of Police, the Montgomery County State’s Attorney’s Office in Maryland, and the Office of the Commonwealth Attorney in Alexandria, Va. He also acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Tiffany Jones and Lashaune Briggs, Victim/Witness Advocate Yvonne Bryant, Witness Security Specialist Michael Hailey, and Computer Forensic Examiner John Marsh. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Lindsay Suttenberg and Danny Nguyen, who investigated and prosecuted the matter.
District Man Pleads Guilty to Attacking Woman at Southeast Washington ParkRead the Press Release
WASHINGTON - Tayshawn Sellers, 18, of Washington, D.C., pled guilty today to a charge of assault with intent to kill while armed for attacking a woman earlier this year at a Southeast Washington park, U.S. Attorney Channing D. Phillips announced.
Sellers pled guilty in the Superior Court for the District of Columbia. The charge carries a statutory maximum of 30 years in prison. Under the court’s voluntary sentencing guidelines, he could face a range of 7 ½ to 15 years in prison; however, the court could impose a sentence outside of that range if it finds a substantial and compelling aggravating or mitigating factor. The Honorable Michael Ryan scheduled sentencing for Nov. 30, 2016.
According to the government’s evidence, on the evening of April 21, 2016, Sellers and his 18-year-old cousin went with the victim to a wooded area behind the baseball field in Benning Park, in the 5100 block of Southern Ave SE. During their encounter with the victim, Sellers and his cousin started to kick, punch, and hit her all over her body. They left her lying naked from the waist down, badly injured, bleeding, and unable to move.
Sellers later returned to the crime scene, where the victim was still lying motionless in the wooded area where he had left her. Sellers repeatedly smashed a glass bottle into the victim’s face as she lay on the ground. When she was found by law enforcement at about 7:30 the next morning, she was naked from the waist down, bleeding, on broken glass. She could not communicate with the officers. She had severe trauma to her head and face, including major swelling and multiple lacerations to her face. She suffered extensive injuries from the defendant’s actions and remains disabled. Sellers was arrested April 22, 2016 and has remained in custody ever since.
In announcing the plea, U.S. Attorney Phillips commended the work of the detectives of the Metropolitan Police Department’s Sexual Assault Unit. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson, Paralegal Specialists Tierra Nanches and Angelina Slagle, and Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation. Finally, he acknowledged the efforts of Assistant U.S. Attorneys Julianne Johnston, Kenya Davis, and Anwar Graves, who are prosecuting the case.