District of Columbia

WASHINGTON – Curtis Fogg, 29, of Washington, D.C., was sentenced today to a total prison term of 22 years on charges stemming from a series of armed robberies that targeted commercial businesses in Washington, D.C. and Maryland during a three-week period in 2014.

 

            The sentencing was announced by Channing D. Phillips, U.S. Attorney for the District of Columbia; Rod J. Rosenstein, U.S. Attorney for the District of Maryland; Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office; Peter Newsham, Acting Chief of the Metropolitan Police Department (MPD), and Hank Stawinski, Chief of the Prince George’s County, Md. Police Department.

 

            Fogg pled guilty in September 2016, in the U.S. District Court for the District of Columbia to nine counts of interference with interstate commerce by robbery, one count of using, carrying, and possessing a firearm in furtherance of a crime of violence, and one count of armed robbery. The plea, which was contingent upon the Court’s approval, called for a prison sentence of 20 to 22 ½ years. The Honorable Senior Judge Paul L. Friedman accepted the plea today and sentenced the defendant accordingly. Upon completion of his prison term, Fogg will be placed on five years of supervised release. He also must pay restitution to his victims.

 

            According to the government’s evidence, Fogg brandished a firearm while committing 10 separate armed robberies of commercial businesses in August and September 2014. In many instances, store surveillance video captured Fogg and his distinct tattoos.

 

            The robberies included:

 

• Aug. 14, 2014, approximately 10:30 p.m.: Fogg stole $250 and phones from two women who were in the New Look Hair Salon, in the 4300 block of Sheriff Road NE.

 

• Aug. 14, 2014, approximately 11:15 p.m.: Fogg stole about $100 from the register of a Papa John’s pizza restaurant in the 900 block of 11th Street SE.

 

• Aug. 15, 2014, approximately 9:30 p.m.: Fogg stole about $600 from registers at the Patron Convenience Store in the 3200 block of Pennsylvania Avenue SE.

 

• Aug. 27, 2014, approximately 2:45 p.m.: Fogg again stole about $100 from the register of the Papa John’s restaurant in the 900 block of 11th Street SE.

 

• Aug. 28, 2014, approximately 3 p.m.: Fogg stole $513 from a Cricket cellular telephone store in the 5500 block of Georgia Avenue NW.

 

• Aug. 30, 2014, approximately 5:10 p.m.: Fogg stole $284 from the cash register of a Subway sandwich shop in the 2800 block of Alabama Avenue SE.

 

• Aug. 31, 2014, approximately 6:30 p.m.: Fogg stole $60 from the register of Mama’s Pizza Kitchen, in the 2000 block of Martin Luther King Avenue SE, while also robbing the store’s owner of $100 in cash.

 

• Sept. 1, 2014, approximately 7:25 p.m.: Fogg stole $469 from the register of a Metro PCS cellular telephone store in the 4100 block of Wheeler Road SE.

 

• Sept. 2, 2014, approximately 7:10 p.m.: Fogg stole $500 from the Boost Mobile cellular telephone store in the 6200 block of Oxon Hill Road in Oxon Hill, Md.

 

• September 3, 2014, approximately 2:10 p.m.: Fogg entered a Metro PCS store in the 5200 block of Indian Head Highway in Oxon Hill, Md. and took about 15 new cellular telephones that were for sale on the counter, $539.75 in cash, and personal items from the individuals inside the store.

 

            Fogg was arrested on Sept. 5, 2014 and has been in custody ever since. At the time of his arrest, he was on supervised release following a 2009 conviction in the Superior Court of the District of Columbia for attempted possession with the intent to distribute cocaine. Fogg also had prior felony convictions for threats and possession with the intent to distribute heroin. He also now faces charges in two separate Superior Court of the District of Columbia matters relating to his conduct while incarcerated, which includes the stabbing of a fellow inmate and the assault of a prison official by hitting the official with his feces.

 

            This case was investigated by the FBI’s Washington Field Office, the Metropolitan Police Department, and the Prince George’s County Police Department. Those working on the case from the U.S. Attorney’s Office for the District of Columbia include Legal Assistants Latoya Wade, Brendan Coyne, and Diane Brashears, Paralegal Specialist Candace Battle, and Assistant U.S. Attorney Christopher Macchiaroli, of the Violent Crimes and Narcotics Trafficking Section, who prosecuted the matter. Those working on the case from the U.S. Attorney’s Office for the District of Maryland include Assistant U.S. Attorney Thomas Sullivan, who prosecuted the Maryland cases prior to them being transferred to Washington, D.C. for resolution before Judge Friedman.

Three people were found guilty today by a jury in the U.S. District Court for the District of Columbia of federal charges for participating in a scheme to file false federal income tax returns in order to fraudulently obtain tax refunds to which they were not entitled, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; U.S. Attorney Channing D. Phillips for the District of Columbia, Acting Special Agent in Charge Thomas J. Holloman of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington D.C. Field Office; Inspector in Charge Joseph Cronin 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.

 

Approximately two dozen other participants in this scheme 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 $20 million.

 

The jury’s verdicts were returned against Tony Bryant, 55, of Clinton, Maryland; his son, Brian Bryant, 29, also of Clinton, and Tarkara Cooper, 34, of Washington, D.C.

 

All three defendants were found guilty of one count of conspiracy to commit theft of government funds and to defraud the United States. Tony Bryant was found guilty of five counts each of theft of public money and aggravated identity theft. Brian Bryant also was found guilty of three counts of theft of public money and two counts of aggravated identify theft. Tarkara Cooper also was found guilty of five counts of theft of public money. Judge Rosemary M. Collyer scheduled sentencing for Tony Bryant and Brian Bryant for April 28. She set a sentencing date of May 26 for Tarkara Cooper.

 

According to the government’s evidence, members of the conspiracy 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 conspirators fraudulently claimed refunds for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. Returns were also filed in the names of, and refunds were issued to, willing participants in the scheme. The returns filed listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia.

 

The participants played various roles in the scheme: stealing identifying information; allowing their personal identifying information to be used; creating and mailing fraudulent federal tax returns; allowing their addresses to be used for receipt of the refund checks; cashing the refund checks; providing bank accounts into which the refund checks were deposited and forging endorsements of identity theft victims on the refund checks. The false returns typically reported inflated or fictitious income from a sole proprietorship and claimed phony dependents to generate an Earned Income Tax Credit, a refundable federal income tax credit for working families with low to moderate incomes.

 

According to the government’s evidence, the Bryants and Cooper took part in the conspiracy from approximately April 2010 through June 2012. Cooper agreed to have her residence used for the delivery of tax refund checks, and received payment from a co-conspirator when she provided the tax refund checks to him. The Bryants used bank accounts under their control for the deposit of tax refund checks, which were fraudulently obtained by others. According to the evidence at trial, the Bryants and Cooper had roles in refund claims fraudulently seeking $4,959,310; these claims led to the negotiation of refund checks totaling $2,285,717, representing the actual losses to the U.S. Treasury.

 

In announcing the verdicts, Acting Deputy Assistant Attorney General Goldberg, U.S. Attorney Phillips, Acting Special Agent in Charge Holloman, Inspector in Charge Cronin and Assistant Inspector General Phillips commended special agents, who conducted the investigation and acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein and Paralegal Specialists Aisha Keys, Donna Galindo, Julie Dailey, and Jessica Mundi. They also expressed appreciation for the work of Trial Attorneys Jeffrey B. Bender, Thomas F. Koelbl, and Jessica Moran of the Tax Division, who also worked on the case.

 

Finally, they commended the work of Assistant U.S. Attorneys Ellen Chubin Epstein and Michelle Bradford of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorney Kimberly G. Ang of the Tax Division, who prosecuted the case.

 

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

WASHINGTON – Three people were found guilty by a jury today of federal charges for participating in a scheme to file false federal income tax returns in order to fraudulently obtain tax refunds to which they were not entitled.

 

            The verdicts, in the U.S. District Court for the District of Columbia, were announced by Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; U.S. Attorney Channing D. Phillips for the District of Columbia; Acting Special Agent in Charge Thomas J. Holloman of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington D.C. Field Office; Inspector in Charge Joseph Cronin 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.

 

            Approximately two dozen other participants in this scheme 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 $20 million.

 

            The jury’s verdicts were returned against Tony Bryant, 55, of Clinton, Md.; his son, Brian Bryant, 29, also of Clinton, Md., and Tarkara Cooper, 34, of Washington, D.C.

 

            All three defendants were found guilty of one count of conspiracy to commit theft of government funds and to defraud the United States. Tony Bryant also was found guilty of five counts each of theft of public money and aggravated identity theft. Brian Bryant also was found guilty of three counts of theft of public money and two of aggravated identify theft. Tarkara Cooper also was found guilty of five counts of theft of public money. Judge Rosemary M. Collyer scheduled sentencing for Tony Bryant and Brian Bryant for April 28, 2017. She set a sentencing date of May 26, 2017 for Tarkara Cooper.

 

            According to the government’s evidence, members of the conspiracy 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 conspirators fraudulently claimed refunds for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. Returns were also filed in the names of, and refunds were issued to, willing participants in the scheme. The returns filed listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia.

 

            The participants played various roles in the scheme: stealing identifying information; allowing their personal identifying information to be used; creating and mailing fraudulent federal tax returns; allowing their addresses to be used for receipt of the refund checks; cashing the refund checks; providing bank accounts into which the refund checks were deposited; and forging endorsements of identity theft victims on the refund checks. The false returns typically reported inflated or fictitious income from a sole proprietorship and claimed phony dependents to generate an Earned Income Tax Credit, a refundable federal income tax credit for working families with low to moderate incomes.

 

            According to the government’s evidence, the Bryants and Cooper took part in the conspiracy from approximately April 2010 through June 2012. Cooper agreed to have her residence used for the delivery of tax refund checks, and received payment from a co-conspirator when she provided the tax refund checks to him. The Bryants used bank accounts under their control for the deposit of tax refund checks which were fraudulently obtained by others. According to the evidence at trial, the Bryants and Cooper participated along with others in claiming fraudulent refunds of $4,959,310; these claims led to the negotiation of refund checks totaling $2,285,717, representing the actual losses to the United States treasury.

 

            In announcing the verdicts, Acting Deputy Assistant Attorney General Goldberg, U.S. Attorney Phillips, Acting Special Agent in Charge Holloman, Inspector in Charge Cronin and Assistant Inspector General Phillips commended the special agents who conducted the investigation and acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein; Assistant U.S. Attorney Chrisellen Kolb; Paralegal Specialists Aisha Keys, Donna Galindo, and Jessica Mundi; former Paralegal Specialist Julie Dailey; Litigation Technology Specialist Ron Royal; Investigative Analysts William Hamann and Zachary McMenamin, and Victim/Witness Advocate Tonya Jones. They also expressed appreciation for the work of Trial Attorneys Jeffrey B. Bender, Thomas F. Koelbl, and Jessica Moran of the Tax Division, who worked on the case.

 

            Finally, they commended the work of Assistant U.S. Attorneys Ellen Chubin Epstein and Michelle Bradford of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorney Kimberly G. Ang of the Tax Division, who prosecuted the case, as well as Assistant U.S. Attorney Diane Lucas, who assisted with forfeiture issues.

 

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

WASHINGTON – Jill Murray, a former office manager and bookkeeper for a Washington-based architecture firm, was sentenced today to six months in prison on 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 November 2016, in the U.S. District Court for the District of Columbia, to one count of wire fraud. She was sentenced by the Honorable Randolph D. Moss. Upon completion of her prison term, she will be placed on three years of supervised release. She also was ordered 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 architecture 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 sentence, 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.

WASHINGTON – Daniel J. Glauber, who worked as a federal contract employee, was sentenced today to pay more than $70,000 in restitution and perform 360 hours of community service for falsifying timesheets while working at two separate federal agencies.

 

            The sentencing was announced by U.S. Attorney Channing D. Phillips, Norbert E. Vint, Acting Inspector General for the Office of Personnel Management (OPM), and Russell Decker, Acting Inspector General of the National Security Agency (NSA).

 

            Glauber, 44, who now resides in Fort Worth, Texas, pled guilty in November 2016, in the U.S. District Court for the District of Columbia, to a charge of making false statements. The Honorable Richard J. Leon sentenced Glauber to five years of probation. During that time, he will be placed on GPS monitoring for 90 days, must perform the community service, and must pay a total of $70,646 in restitution.

 

            According to the government’s evidence, Glauber was hired in April 2012, under contract, as a systems administrator at OPM. He was required to perform his duties on-site and work a standard 40-hour work week. Additionally, and unbeknownst to OPM, in May of 2012, he was hired as a subcontractor to work at NSA on computer systems. Here, too, his duties called for him to work a standard 40-hour work week and on-site.

 

            From May through August of 2012, Glauber worked at both OPM and NSA, but neither agency was aware that he was working for the other. OPM’s Office of the Inspector General reviewed building access reports and confirmed that Glauber billed 323.75 hours for the time period ranging from May through August 2012 in which he was not actually present at his work site. He was paid $43,706 for these hours, and subsequently was terminated by OPM. However, it was only after his termination that OPM learned of the other employment at NSA.

 

            NSA investigators later reviewed building records and uncovered a discrepancy of 269.5 hours in which Glauber had submitted timesheets for hours in which he did not work on-site. He was paid $26,940 for these hours.

 

            In announcing the sentence, U.S. Attorney Phillips, Acting Inspector General Vint, and Acting Inspector General Decker commended the work of Special Agent Christopher Sulhoff, OPM, Office of the Inspector General, and the investigators who worked on the case from the National Security Agency, Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kaitlyn Krueger, Christopher Toms, and Jessica Mundi, and former Assistant U.S. Attorney Teresa A. Howie and Assistant U.S. Attorney Adrienne C. Dedjinou, who prosecuted the case.

WASHINGTON – Pheerayuth Burden, 47, a Thai national who had been living in Torrance, California, was sentenced today to 55 months in prison for 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 sentenced to three years of probation and ordered to pay a $250,000 fine.

 

            The sentencing 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.

 

            On Sept. 30, 2016, following a trial in the U.S. District Court for the District of Columbia, a 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 sentenced Burden and the company today. Following his prison term, Burden will be placed on three years of supervised release. He and the company also were ordered to pay a forfeiture money judgment in the amount of $105,112.

 

            A co-defendant, Kitibordee Yindeear-Rom, 30, a native and citizen of Thailand, pled guilty to a conspiracy charge in November 2014. Yindeear-Rom was sentenced in March 2015 to a three-year prison term.

 

            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.

 

            “This defendant and his company exported numerous gun parts and accessories outside the United States, repeatedly breaking the law to make a profit,” said U.S. Attorney Phillips. “This prosecution demonstrates that there will be consequences for those who disregard export laws and threaten our national security.”

 

            “The U.S. has export laws in place to ensure that firearms and sensitive technologies are properly monitored when they are shipped overseas,” said Special Agent in Charge Settles. “Kudos to the HSI special agents who disrupted this export scheme.”

 

            In announcing the sentences, 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 Office, 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 Jones, 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.

WASHINGTON – Jesse Green III, 41, of Germantown, Md., has pled guilty to carrying out a carjacking earlier this year in Southeast Washington in which he drove off with a woman and her 2-year-old granddaughter, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

 

            Green, also known as Michael McKoy, pled guilty on Feb. 10, 2017, in the Superior Court of the District of Columbia, to carjacking. The Honorable Ronna L. Beck scheduled sentencing for April 14, 2017. The charge carries a mandatory minimum of seven years in prison and a statutory maximum of 21 years. Green has been in custody since his arrest on the day of the crime.

 

            According to the government’s evidence, on Jan. 8, 2017, at approximately 12:10 p.m., the woman, her husband, and their 2-year-old granddaughter were driving in a GMC Yukon sports utility vehicle. The husband pulled over and got out of the vehicle for a stop in the 5000 block of Kimi Gray Court SE. Green, a stranger, came out of a neighboring house and went to the vehicle. Then, without permission, he got into the driver’s seat and sped off, with the woman and child still in the vehicle. The child was in a car seat in the rear.

 

            The woman demanded that Green let them out and she attempted to grab the steering wheel. Green, however, kept driving fast, passing through stop signs. He crashed into a parked vehicle near 51st Street and Central Avenue SE, traveled up an embankment, and then crashed backward into a telephone pole. He attempted to flee, but was soon apprehended. The victims were taken to a hospital by ambulance for examination and treatment.

 

            In announcing the plea, 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 efforts of those who handled the case at the U.S. Attorney’s Office, including Assistant U.S. Attorney Kathryn Rakoczy, Paralegal Specialist Richard Cheatham, and Victim/Witness Advocate James Brennan. Finally, they commended the work of Assistant U.S. Attorney Natasha Smalky, who investigated and prosecuted the case.

WASHINGTON – Melvin Anthony Turner, 49, of Washington, D.C., was sentenced today to a seven-year prison term for a series of burglaries of commercial establishments in Northwest Washington last summer, U.S. Attorney Channing D. Phillips announced.

 

            Turner pled guilty in November 2016, in the Superior Court of the District of Columbia, to three counts of second-degree burglary. He was sentenced by the Honorable Maribeth Raffinan. Following his prison term, he will be placed on three years of supervised release.

 

            The charges stemmed from a series of burglaries last summer targeting small businesses in the Washington area. In his plea, Turner admitted to three separate burglaries. First, he admitted to entering the Thai Pad restaurant, in the 4400 block of Connecticut Avenue NW, on July 11, 2016, and stealing $350 from the cash register. He also admitted attempting to take items from desk drawers in other locations in the restaurant. Second, he admitted to forcibly entering the Circle Yoga studio, in the 3800 block of Northampton Street NW, on July 16, 2016, and stealing a laptop computer. Finally, he admitted to entering the Sudhouse bar and restaurant, in the 1300 block of U Street NW, on July 21, 2016, and stealing approximately $4,000 in cash and a laptop computer.

 

            After his arrest July 24, detectives with the Metropolitan Police Department (MPD) linked Turner to a number of additional burglaries between April and July of 2016 targeting small business that the government was prepared to prosecute if the case had gone to trial.

 

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tiffany Fogle and Tiffany Jones. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Laura Crane and J. Matt Williams, who investigated the case and handled the sentencing.

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 Peter John, Jr., by a Metropolitan Police Department (MPD) officer on Feb. 1, 2016, in the Clay Terrace area of Northeast 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 officer involved in the fatal shooting of Mr. John.

 

            The U.S. Attorney’s Office and the Metropolitan Police Department conducted a comprehensive review of the incident, including interviews of civilian and law enforcement witnesses as well as a review of autopsy and toxicology reports, Mobile Crime and District of Columbia Department of Forensic Sciences reports, photographs, and diagrams; video footage enhanced by the FBI; DNA analysis; audio transmissions; and physical evidence collected on the scene, including a BB pistol that is virtually identical in appearance to a real firearm.

 

            According to the evidence, the shooting took place Feb. 1, 2016, at approximately 2:07 a.m., in the 5300 block of Clay Terrace NE. The officer, who was assigned to patrol the area in a marked MPD sport utility vehicle, first encountered Mr. John, 36, in the vicinity of the 300 block of 53rd Street NE. When the officer rolled down his window to ask Mr. John if he lived in the area, Mr. John started running and disappeared on nearby Cloud Place NE. As the officer continued his patrol, he saw Mr. John again, this time standing by a parking lot in the 300 block of 53rd Street NE. As the officer pulled up, Mr. John ran past the officer’s SUV and into the Clay Terrace housing area. After unsuccessfully trying to block Mr. John’s path by driving around the block, the officer drove back to the parking lot area and again saw Mr. John.

 

            As the officer was pulling over, Mr. John ran past the officer’s SUV. The officer got out of his vehicle and pursued Mr. John on foot. As Mr. John turned left into the 5300 block of Clay Terrace, he slipped on the wet ground. According to the officer, as Mr. John fell, he saw a black gun, later determined to be a BB gun, fall from Mr. John’s hand. Mr. John landed on top of the gun. The officer, who was right behind Mr. John, could not stop his momentum and ended up straddling Mr. John while activating the emergency button on his radio for help. The officer ordered Mr. John to show his hands. Instead, Mr. John struggled repeatedly to push himself up from the ground while reaching under his body in the direction of the gun. As Mr. John raised up, the officer fired one round, fatally wounding Mr. John in the neck area. In less than 30 seconds, another officer arrived on the scene and observed the gun next to Mr. John’s body. DNA testing further confirmed that Mr. John’s DNA was on the weapon.

 

            While the shooting was not captured on video, the footage of the dimly lit area shows furtive movements by Mr. John, to include Mr. John emerging from behind a building near Cloud Place, and his unprovoked flight from the officer.

 

            After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officer used excessive force under the circumstances. To the contrary, there is sufficient evidence to corroborate the officer’s account that he was acting in self-defense at the time of the shooting.

 

Use-of-force investigations generally

 

            The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must 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.

WASHINGTON – James Cherry, 58, of Washington, D.C., pled guilty today to a federal charge stemming from a 911 call he made last summer that falsely claimed numerous bombs were set to go off at Union Station, announced Channing D. Phillips, U.S. Attorney for the District of Columbia, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Neil Trugman, Interim Chief of the Amtrak Police Department.

 

            Cherry’s call led to an emergency response by law enforcement and the evacuation of the train station, as well as disruptions of train service, until the claim was found to be a hoax. In addition to the call regarding Union Station, which was the basis for the guilty plea, Cherry admitted making another two 911 calls with a bomb threat in downtown Washington.

 

            Cherry pled guilty in the U.S. District Court for the District of Columbia to a charge of threatening and conveying false information concerning use of an explosive. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, he faces a likely range of 30 to 37 months in prison and a fine of up to $55,000. The plea agreement calls for Cherry to pay $36,153 in restitution to Amtrak. He is to be sentenced on May 24, 2017, by the Honorable Colleen Kollar-Kotelly.

 

            According to a statement of offense, signed by the defendant as well as the government, on Monday, July 25, 2016, at approximately 6:20 p.m., Cherry placed a call to 911 reporting there were two bombs “ready to go off in this building, one building 1818 Pennsylvania Avenue, next building is three blocks away. You figure it out, you figure it out.” Edward R. Murrow Park is located at 1818 Pennsylvania Ave. N.W. The White House is within three blocks of that address. The United States Secret Service was notified of the threat. The World Bank is located on H Street facing the park and the numbers 1818 are prominently displayed on the side of the building. At approximately 6:31 p.m., the Metropolitan Police Department (MPD) received another call stating, “There are two bombs.” This was followed by another call in which nothing was said. At about 6:32 p.m., a call back to the number received a voicemail for “James.”

 

            On Wednesday, July 27, 2016, at approximately 5:06 p.m., at the beginning of the evening rush hour, Cherry placed another call to 911 using the same cell phone that he used two days earlier. This time, he reported that “there are eight bombs at Union Station set to go off” and threatened to kill “all you white people,” describing them as pigs.

 

            Union Station, located at 50 Massachusetts Avenue NE, is the main interstate train station for Washington, D.C., used by interstate National Railroad Passenger Corporation (Amtrak) trains, local Metro Transit trains, and MARC (Maryland Area Rail Commuter) and VRE (Virginia Railway Express) trains serving commuters from Maryland and Virginia. In addition, it is a major commercial center, with numerous retail outlets, and dining establishments.

 

            The 911 threat call prompted an immediate emergency response. Union Station was evacuated and a sweep conducted of the exterior and interior of the building by Amtrak police, Capitol Police and Metro Transit Police K9s. The FBI-led Joint Terrorism Task Force was mobilized and began an investigation. The Metropolitan Police Department assisted with guarding the exterior of the building, monitoring pedestrian travel while the other agencies conducted a sweep for hazardous materials.

 

            After a thorough investigation, officials determined that the threat was a hoax. No explosive devices were found. Six Amtrak trains and passengers were disrupted as a result of the threat, which caused a monetary loss for Amtrak in the amount of $36,153. There were also five MARC (Maryland Area Rail Commuter) and two VRE (Virginia Railway Express) trains serving commuters from Maryland and Virginia delayed as a result of the threat.

 

            A law enforcement investigation determined that Cherry was the subscriber and registered owner of the cell phone used to make the false bomb threats. Cherry was arrested in Southeast Washington on Dec. 16, 2016 and has been in custody ever since. Upon arrest, Cherry told law enforcement that he made the threat against Union Station when he was high and drunk.

 

            In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Interim Chief Trugman commended the work of the emergency responders and those who investigated all of the hoax calls from the FBI’s Washington Field Office, the Amtrak Police Department, the Metropolitan Police Department, the Capitol Police, the Metro Transit Police, and the U.S. Secret Service. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Mac Caille Petursson and Jorge Casillas, Legal Assistant Matthew Ruggiero, Document Management Analyst Christopher Oppliger. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Brenda J. Johnson, who is investigating and prosecuting the matter.

WASHINGTON – Tyrone Edward Wright, 46, of Washington, D.C., was found guilty today of committing three bank robberies during a 24-hour period, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

 

            Wright was found guilty by a jury of three counts of bank robbery, following a trial in the U.S. District Court for the District of Columbia. Under federal sentencing guidelines, he could face a range of 70 to 87 months of incarceration. Wright, who represented himself at the trial, will be sentenced at a date to be determined later by the Honorable Rudolph Contreras.

 

            According to the government’s evidence, Wright was responsible for three bank robberies during a 24-hour period in April of 2016. The robberies occurred at two banks located within blocks of one another in the NOMA neighborhood of Washington, D.C., along the First Street NE corridor. During each of the robberies, the defendant entered the bank and passed a demand note to the teller before leaving with his demand note and bank money.

 

            The first robbery took place at approximately 3:30 p.m. on April 20, 2016, at Premier Bank branch in the 1100 block of First Street NE. The second took place at 12:25 p.m. the following day at a TD bank in the 1200 block of First Street, and the third took place just eight minutes later, once again at the Premier Bank branch. A total of $6,577 was taken by the defendant. Wright was stopped by law enforcement a few blocks and minutes away from the final bank robbery, while coming out of a public library in the 100 block of L Street NW, with the proceeds of the latest robbery stuffed in his shoes and pocket. Bank videos of the robberies captured images of the robberies and the suspect in great detail.

 

            In announcing the verdict, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Interim Chief Newsham praised the work of the FBI Violent Crimes Task Force, which in this case involved work from the FBI, the Metropolitan Police Department, the U.S. Marshals Service, and the Inspector General’s Office of the Department of Energy. They also expressed appreciation for the assistance of the District of Columbia Public Library Police Department. They commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Supervisor Paralegal Specialist Mary Downing; Paralegal Specialists Candace Battle, Catherine O’Neal and Tisha Tobias; Legal Assistant Latoya Wade; Litigation Support Specialists Jeanie Lattimore-Brown and Paul Howell and Kimberly Smith; and Intern Zachary Kaplan. Finally, they commended the work of Assistant U.S. Attorney Stephen J. Gripkey, who indicted and tried the case.

WASHINGTON – Tinita Joyner, 52, of Rockville, Md., was sentenced today to 30 months in prison for embezzling nearly $290,000 from three companies where she worked as an office manager or as an executive assistant, announced U.S. Attorney Channing D. Phillips and Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office.

 

            Joyner pled guilty in November 2016, in the U.S. District Court for the District of Columbia, to wire fraud. She was sentenced by the Honorable James E. Boasberg. Upon completion of her prison term, she will be placed on three years of supervised release. Judge Boasberg also ordered Joyner to pay a total of $289,640 in restitution.

 

            According to the government’s evidence, Joyner stole the money from September 2012 through September of 2015, while working a succession of three jobs in which she had access to her employer’s financial information and accounts. The companies, which are not identified by name in court documents, did not authorize Joyner to make credit card purchases outside of her responsibilities of paying office related expenses and bank transfers and withdrawals that she then used for the benefit of herself and others.” The losses took place as follows:

 

            “Company A” – Joyner was hired as an office manager in July 2012 for this consulting firm, which assisted organizations that wanted to establish and elevate their presence with emerging economies across the globe. In September of 2012, she became director of internal affairs and was in charge of the company’s day-to-day operations. According to the government’s evidence, from September 2012 through February 2014, Joyner fraudulently obtained $187,682 through unauthorized purchases on corporate credit cards and unauthorized bank transfers. Meanwhile, as the company fell behind on rental payments and payments for employee health insurance, Joyner forged documents to secure a loan for the firm. Finally, in February of 2014, the company’s chief executive officer learned that Joyner had forged his name, giving her unlimited access to the company’s account, and that she had made unauthorized withdrawals. Soon after that, he told Joyner that her services would no longer be needed. At the time of her departure, the company owed $31,120 on the bank loan that she had taken out.

 

            Total loss caused by these activities: $218,802.

 

            “Company B” – In April 2014, Joyner began employment at a temporary agency and was assigned to work as an executive assistant to the president of this non-profit that is focused on empowering students to become leaders in the community. In September of 2014, she was hired as a permanent employee. From August until December 2014, according to the government’s evidence, Joyner made $6,964 in unauthorized purchases on the company’s credit card. She also used the personal information of the president to fraudulently obtain two additional credit cards. From September 2014 through February 2015, she made $23,753 in unauthorized purchases on these cards. She also made two unauthorized electronic transfers to the cards from the company’s account, totaling $10,523. She was terminated in December 2014.

 

            Total loss caused by these activities: $41,240.

 

            “Company C” – In February 2015, Joyner was hired as the executive assistant to this management consulting company, which primarily worked with the federal government on civilian programs. From March 2015 through September 2015, according to the government’s evidence, she made $20,638 in unauthorized charges to the company’s credit card, using the money to pay a relative’s tuition at a private high school and for various personal expenses. In addition, she created six fraudulent vouchers that cost the company an additional $8,960.

 

            Total loss caused by these activities: $29,598

 

            In announcing the sentence, U.S. Attorney Phillips and Assistant Director in Charge Vale commended the work of those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section, Paralegal Specialists Kaitlyn Krueger, Jessica Mundi and Christopher Toms, and Assistant U.S. Attorney Adrienne Dedjinou and former Assistant U.S. Attorney Teresa A. Howie, who investigated and prosecuted the matter.

WASHINGTON – A former financial advisor, who provided services and investment advice to current and former professional athletes, pled guilty today to a federal charge stemming from the theft of more than $1 million from his clients, announced U.S. Attorney Channing D. Phillips and Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office.

 

            Brian J. Ourand, 55, now of Chicago, admitted stealing from four athletes, including boxing champion Mike Tyson and former National Basketball Association All-Star Glen Rice. At the time of the offenses, Ourand was an executive for a Washington, D.C.-based company.

 

            Ourand pled guilty to a charge of wire fraud in the U.S. District Court for the District of Columbia. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, Ourand faces a likely range of 33 to 41 months in prison and a potential fine. The plea agreement calls for him to pay $1,002,390 in restitution and an identical amount as a forfeiture money judgment. Ourand is to be sentenced on May 2, 2017, by the Honorable Tanya S. Chutkan.

 

            In his plea, Ourand admitted that he embezzled the funds through various means, including numerous fraudulent checks that he made payable in his own name and to cash, which he later deposited into his personal accounts. Ourand also admitted to stealing his clients’ money for the benefit of others, including his girlfriend and another individual identified in court documents as “Person B”. In one such instance, Ourand obtained a cashier’s check using funds from the bank account of Mr. Rice in the amount of $10,000 in order to pay the registration fee of “Person B” to participate in the 2009 World Series of Poker tournament in Las Vegas. Ourand also used client funds to send numerous wire transfers to his girlfriend and “Person B” via Western Union, at least some of which money was used to pay off Ourand’s gambling debts.

 

            “Financial advisor Brian Ourand violated the trust of clients who depended upon him to protect their investments, using over $1 million of their hard-earned money for his own personal purposes,” said U.S. Attorney Phillips. “Thanks to law enforcement, his fraudulent conduct came to light and he is being held accountable for the money that he stole.”

 

            “Today, Mr. Ourand admitted his participation in an embezzlement scheme intended to defraud investors,” said Assistant Director in Charge Vale. “The FBI is committed to protecting the public from investment fraud and other deceptive scams, and will vigorously investigate those who criminally abuse their positions of trust for their own personal gain.”

 

            According to a statement of offense submitted as part of the plea, the criminal activities began as early as 2006 and continued through July 2011. Ourand’s employer, identified in court documents as “Company A,” terminated his employment in August of 2011, after the scheme was uncovered. The company reimbursed the athletes for their losses.

 

            In his work for the firm, Ourand and the company provided advisory and financial management services to high net-worth individuals, most of whom were current or former professional athletes. For example, Ourand and the company paid invoices and bills, coordinated tax preparation, and provided estate planning on behalf of clients. In that capacity, Ourand managed his clients’ personal and business bank accounts and credit cards, among other financial-related services.

 

            The criminal charges involve Ourand’s work for Mr. Tyson, Mr. Rice, and two other athletes, identified in court documents as “Athlete C” and “Athlete D.” As part of the plea agreement, Ourand agreed that he abused a position of trust in committing the offense.

 

            According to the statement of offense, Ourand deposited nearly 100 checks, drawn on the accounts of the four athletes, into a personal bank account, even though he was not authorized to do so. He also initiated numerous wire transfers, drawn on the bank accounts of Mr. Tyson, Mr. Rice and “Athlete C,” for which he had no authorization. As part of his scheme, Ourand also made numerous unauthorized ATM withdrawals and debit card transactions using funds belonging to Mr. Tyson, and obtained credit cards in his own name on the accounts of Mr. Rice and a foundation formed by “Athlete C,” which Ourand used to make unauthorized purchases.

 

            Ourand sought to conceal his activities by generating documentation falsely claiming the money was used for business-related or otherwise authorized expenses, such as “personal expenses” for the client. His actions caused $546,168 in losses for Mr. Rice; $265,124 for Mr. Tyson; $182,957 for “Athlete C,” and $8,141 for “Athlete D.”

 

            The Securities and Exchange Commission previously announced charges against Ourand, who was later found by an administrative law judge to have misappropriated funds from client accounts in violation of securities laws. In an initial decision issued in March 2016, the SEC ordered Ourand to pay disgorgement of $671,367 plus prejudgment interest and a $300,000 penalty, and he was barred from the securities industry.

 

            In announcing the plea, U.S. Attorney Phillips and Assistant Director in Charge Vale commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office for the District of Columbia, including Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section; Assistant U.S. Attorney Vesna Harasic-Yaksic, also of the Asset Forfeiture and Money Laundering Section; Supervisory Paralegal Specialist Tasha Harris; and former Paralegal Specialists Heather Sales and Angela Lawrence.

 

            Finally, they commended the work of Special Assistant U.S. Attorney David A. Last and Assistant U.S. Attorney Peter C. Lallas, who are prosecuting the case.

WASHINGTON – Yeison Gomez Chavez, 18, of Washington, D.C., has been sentenced to an eight-year prison term for his role in a pair of attacks carried out against two men within a 90-minute period last summer, U.S. Attorney Channing D. Phillips announced today.

 

            Gomez Chavez pled guilty in November 2016, in the Superior Court of the District of Columbia, to charges of aggravated assault while armed and assault with a dangerous weapon. He was sentenced on Feb. 3, 2017, by the Honorable Lynn Leibovitz. Upon completion of his prison term, Gomez Chavez will be placed on five years of supervised release.

 

            Two co-defendants, Christian Mendoza, 18, and Ever Umanzor, 16, both of Washington, D.C., also have pled guilty to charges and are awaiting sentencing. Umanzor was charged as an adult given the serious nature of the crimes.

 

            The charges against Gomez Chavez stemmed from attacks on two victims. However, in a proffer of facts submitted at his plea hearing, Gomez Chavez also admitted to taking part in the attacks of two additional victims at about the same time and in the same area.

 

            According to the government’s evidence, the first attack took place on Aug. 29, 2016, at approximately 11:30 p.m. Gomez Chavez, Mendoza, and Umanzor arrived in front of a location in the 3100 block of 16th Street NW. The victim rode his bicycle to this location, and was approached by Mendoza, who stood in front of him and stopped him from riding forward. Within seconds, Umanzor and Gomez Chavez rushed toward the victim and began striking him with fists and feet. Gomez Chavez also slashed the victim with a knife. While Umanzor and Gomez Chavez struck and stabbed the victim, Mendoza took and held his bicycle. The victim fled after being stabbed, with Mendoza retaining possession of his bicycle. Gomez Chavez pled guilty to aggravated assault while armed for this attack.

 

            The second attack took place at about 1 a.m. on Aug. 30, 2016, about 90 minutes later. Gomez Chavez and Mendoza were in front of a restaurant in the 1700 block of Columbia Road NW. The second victim exited the restaurant to check on a friend. He reported that an unknown suspect threw a rock at the back of his head and that someone stabbed him in his lower back. Gomez Chavez pled guilty to assault with a dangerous weapon for this incident.

 

            In his proffer, Gomez Chavez admitted to participating in other offenses that took place a short time later with Mendoza, although he did not plead guilty to charges from these crimes. At about 1:30 a.m. on Aug. 30, a third victim was approached and robbed at a gas station in the 2800 block of Sherman Avenue NW. The defendants approached the victim, stated that the gas station was 18th Street territory, and asked what he was doing there. The victim tried to ignore them, but the defendants assaulted him. At least one of the defendants produced a knife and ordered the victim to give them his bicycle. Finally, at approximately 2:40 a.m., Gomez Chavez and Mendoza approached a fourth victim in the 1600 block of Columbia Road NW and asked if he was affiliated with MS-13 or with the 18th Street Crew. The victim replied that he was not affiliated with any gang and attempted to flee. Gomez Chavez and Mendoza caught him, surrounded him, and forced him to stop his bicycle. At least one suspect brandished a knife, and the victim was stabbed in his right bicep. At some point, the victim was able to flee.

 

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Juanita Harris, former Victim/Witness Advocate Christina Principe, and Paralegal Specialists Debra McPherson and Donville Drummond. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Monica Trigoso and Michael Romano, who investigated the case and handled the sentencing.

WASHINGTON – KaShaun Perkins, 43, of Upper Marlboro, Md., pled guilty today to the federal charge of wire fraud for embezzling from his employer, causing a loss in excess of $275,000, announced U.S. Attorney Channing D. Phillips.

 

            Perkins, who pled guilty in the U.S. District Court for the District of Columbia, is to be sentenced on April 21, 2017 by the Honorable Christopher R. Cooper. Under the advisory federal sentencing guidelines, he faces a possible prison sentence of 21 to 27 months. Perkins also agreed to pay $249,096 in restitution, and a forfeiture money judgment in the same amount.

 

            According to a statement of the offense, signed by the defendant as well as the government, Perkins worked as a payroll specialist from December 2014 to July 2015 at a global consulting firm. As a payroll specialist, he managed external payroll provider services in order to ensure salaries were accurately and timely processed for payments. Perkins also updated the payroll and human resources information systems with bank account numbers, Social Security numbers, addresses, and names of employees and maintained these employee records.

 

            From January to July 2015, according to the statement of offense, Perkins caused his employer to pay out approximately $275,000 in bogus salary and tax withholding payments for “ghost” employees. Perkins altered a terminated employee’s payroll profile, repeatedly changing entries such as name, Social Security number, bank account number, address, and salary payments. In fact, none of the altered data corresponded to an actual employee. Through these changes to the payroll system, Perkins caused the unauthorized salary payments to be directly deposited into accounts in his name, accounts with his joint ownership, and accounts under his control. By directing the payroll provider service to make these payments, Perkins obtained “salary” payments of “ghost” employees totaling $249,096. The employer paid an additional $26,092 in tax withholdings, for a total loss of $275,188.

 

            In announcing the plea, U.S. Attorney Phillips expressed appreciation for the work performed by Forensic Accountant Jean Luc Guerrier of the Fraud and Public Corruption Section of the U.S. Attorney’s Office, as well as Paralegal Specialist Christopher Toms, Assistant U.S. Attorney Diane Lucas, who assisted with forfeiture issues, and Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the case.

WASHINGTON - Antoine Miller, 34, of Washington, D.C., has been found guilty of a federal weapons offense following his arrest last year by a gun recovery team from the Metropolitan Police Department (MPD), announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

 

            Miller was found guilty in the U.S. District Court for the District of Columbia on Feb. 2, 2017, following a bench trial before the Honorable Ketanji Brown Jackson, of unlawful possession of a firearm and ammunition by a person convicted of a crime punishable by imprisonment for a term exceeding one year. In an earlier case, Miller was sentenced in 2004 to a prison term of 11 years and eight months, to be followed by three years of supervised release, following his conviction of drug and weapons offenses.

 

            Miller will be sentenced in this case on May 4, 2017. He faces a statutory maximum of 10 years in prison and potential financial penalties. In a separate proceeding, he also faces revocation of his probation in the earlier case. The Court ordered that Miller be held without bond pending his sentencing.

 

            According to the government=s evidence, on March 31, 2016, at approximately 9:50 pm, members of the MPD Narcotics and Special Investigation Division – Gun Recovery Unit were driving and operating a gray Ford Explorer. While the officers traveled northbound in the 4600 block of Livingston Road SE, they observed Miller walking with another person southbound on the sidewalk. The officers slowed the vehicle, greeted the two males, identified themselves as police, and asked if they had any guns on them. Miller immediately stated “no,” and turned around so that his back was facing the officers. He then lifted the back of his puffy vest jacket, deliberately not showing the officers the front of his waistband.

 

            As Miller did this, the other male continued to walk, keeping his head down, and at this time walking faster and ahead of the defendant. Seeing these actions from both individuals, the officers exited their vehicle to talk to the two men. One officer approached Miller and again calmly asked the defendant, “Hey, man can I talk to you?”, whereupon Miller stopped walking and turned and faced the officer. Subsequently, he turned and faced the officer and stated, “I told you I have! I been telling you I have one! You can have it! Just take it! Just take it! You can have it!” Moreover, a passing pedestrian called out, “You good slim?,” at which time the defendant replied, “They got me with a gun and all that.” The firearm was identified as a Smith and Wesson .40 caliber loaded with 9 rounds of ammunition.

 

            In announcing the verdict, U.S. Attorney Phillips and Interim Chief Newsham commended the actions of those who worked on the case from the Metropolitan Police Department. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Jeannette Litz and Teesha Tobias. Finally, they expressed appreciation for the efforts of Assistant U.S. Attorneys Emory V. Cole and Veronica Jennings, who investigated and prosecuted the case.

WASHINGTON – David Proctor, 56, of Washington, D.C., who has no fixed address, has been sentenced to three years in prison for a mid-morning bank robbery he committed last year in Northwest Washington, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

 

            Proctor pled guilty in October 2016, in the U.S. District Court for the District of Columbia, to a bank robbery charge. He was sentenced on Jan. 31, 2017, by the Honorable Rudolph Contreras. Following completion of his prison term, Proctor will be placed on three years of supervised release.

 

            According to the government=s evidence, on June 13, 2016, at approximately 9:25 a.m., Proctor entered a TD Bank in the 1400 block of P Street NW. He approached the teller counter and passed the teller a demand note that stated, “This a Robbery Pass All Big Bills 100’s 50’s 20’s And No One Will Get Hurt.” Proctor then instructed the teller to give him large bills. His right hand remained in his pocket, and the teller believed he could have possibly had a weapon. However, the teller did not observe a weapon. The teller, fearing for her safety and the safety of others, turned over more than $3,000 and Proctor fled. Surveillance video captured the robbery, and multiple witnesses subsequently identified Proctor. He was arrested Aug. 1, 2016.

 

            In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Interim Chief Newsham commended the work of those who investigated the case from the FBI’s Washington Field Office and the Metropolitan Police Department. 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 and Legal Assistant Peter Gaboton. Finally, they commended the efforts of Assistant U.S. Attorney Emory V. Cole, who investigated and prosecuted the case.

James Powers, 59, of Falls Church, Va., was sentenced today to 20 months in prison to be followed by 36 months of supervised release after earlier pleading guilty to violating the Clean Air Act for his role in a scheme to improperly remove asbestos from a historic building in the District of Columbia.  

The sentencing, in the U.S. District Court for the District of Columbia, was announced by the Justice Department’s Environment and Natural Resources Division and U.S. Attorney Channing D. Phillips of the District of Columbia.

Powers pleaded guilty on September 7, 2016, to a charge of failure to remove asbestos prior to renovation. He was sentenced by the Honorable Amy Berman Jackson.  Powers was also sentenced to perform 250 hours of community service. 
 
Asbestos, a once-popular fireproofing insulation, is now known to cause lung cancer, asbestosis and mesothelioma in people who inhale the fibers released when asbestos is disturbed.  Congress has determined that there is no safe level of exposure to asbestos.  The Clean Air Act requires that renovation in asbestos-containing properties follow specific protocols designed to safely remove asbestos from the property prior to any renovation or demolition activity, so as not to expose workers to the risk of deadly respiratory diseases. 

The development project at issue involved renovating the historic Friendship House, located at 619 D Street SE in Washington, D.C., into condominiums, a development known as the Maples.  According to a statement of offense submitted as part of the guilty plea, in March 2010, Powers formed a partnership with a local real estate development firm to purchase and renovate the property.  An asbestos survey of the property documented asbestos throughout the property, including in floor tiles, wall board and pipe insulation. 

After the survey, the partnership received bids from licensed professional asbestos abatement and renovation firms in the area.  Despite knowing that the building contained asbestos, Powers hired Larry Miller, 59, of Palmetto, Georgia, a general contractor from Atlanta with no training, certification, or experience in asbestos abatement, to conduct interior demolition and renovation of the building.  The written contract with Miller specifically excluded removal of asbestos from the property.  Powers told Miller that the asbestos would be abated by another contractor after Miller’s work and did not fully inform Miller about the extent of asbestos in the property.  Powers represented to his partners that a qualified entity would conduct appropriate asbestos abatement at the property. He e-mailed them a proposed asbestos abatement contract from a corporation that, unbeknownst to his partners, was simply an alter-ego for Powers. 

During the period between August 2011 and October 2011, according to the statement of offense, Miller and his crew of workers conducted interior demolition at the Maples, without any asbestos abatement having occurred as required under the Clean Air Act.  Powers also contracted with a waste disposal company to haul construction debris from the Maples off-site.  Powers failed to inform the waste disposal company that the construction debris contained asbestos and the debris was not taken to a site qualified to receive asbestos waste. 

Even after an inspection by local environmental authorities revealed asbestos in the building, Powers had Miller and his crew members proceed with demolition.  Over the course of the project, the workers disturbed substantial quantities of asbestos, exposing themselves to a substantial risk of serious illness later in life.

Miller pleaded guilty on Nov. 19, 2015, to one count of negligent endangerment under the Clean Air Act.  He is awaiting sentencing in the U.S. District Court for the District of Columbia.  The charge carries a maximum sentence of not more than one year of imprisonment, a fine of up to $100,000 and a term of supervised release and/or probation. 

After the acts described in the statement of offense, a licensed asbestos abatement firm conducted abatement at the Maples.  The District of Columbia Department of the Environment subsequently conducted inspections and found the property to be free of all asbestos-containing materials.

U.S. Attorney Phillips acknowledged the efforts of those who investigated the case, as well as Trial Attorney Cassandra J. Barnum and Paralegal Specialist Cynthia Longmire of the Environmental Crimes Section and those who worked on the case at the U.S. Attorney’s Office, including Paralegal Specialist Christopher Toms, former Paralegal Specialists Krishawn Graham, Kaitlyn Krueger, and John Lowell, and former Assistant U.S. Attorney Jonathan Hooks and Assistant U.S. Attorneys Virginia Cheatham and Zia Faruqui.

WASHINGTON - Donald Williams, 26, of Washington, D.C. pled guilty today to forcing his way at gunpoint into the kitchen of the food service department at Gallaudet University, where he used to work, and ordering employees to turn over money kept in a safe, U.S. Attorney Channing D. Phillips announced.

 

            Two of the victims, who are deaf, helped identify him as the gunman.

 

            Williams pled guilty in the Superior Court of the District of Columbia to a charge of first-degree burglary while armed. He is to be sentenced on March 23, 2017 by the Honorable Danya A. Dayson. The charge carries a statutory minimum of five years in prison. Under the Court’s voluntary sentencing guidelines, Williams faces a potential range of 102 to 192 months in prison.

 

            According to the government’s evidence, in the late afternoon of Oct. 22, 2016, Williams entered his former place of employment, the food service department on the campus of Gallaudet University, in the 800 block of Florida Avenue NE. Upon entry, he pointed a gun at two female employees and forced them into the rear of the kitchen. He forced one of the two victims into a storage room and the other, who is deaf, into a back office space that contained a safe that held daily deposits. He pointed a gun at the latter victim and motioned for her to open the safe. When she refused, he struck her upon the head with the gun, causing a laceration.

 

            Williams left the office and approached a third female employee, who was located in a different area of the kitchen and was unaware that a robbery was taking place; this employee is also deaf. Williams pointed his gun at her, grabbed her by the shirt, forced her into the office with the other victim, and directed her to open the safe. Once she opened the safe, she and the other victim handed money to Williams, who then fled the scene.

 

            During their interviews with members of the Metropolitan Police Department (MPD), the two victims who were directed to open the safe indicated that their assailant reminded them of their former colleague, Williams, who had been fired from Gallaudet University a few weeks before the crime. Although their assailant had a mask covering his face, the victims stated that his build, skin complexion, leanness, mannerisms, and gait were consistent with the defendant’s, whom they had worked with regularly for more than a year.

 

            During their investigation, MPD located surveillance video footage depicting a vehicle similar to the defendant’s enter a parking garage on campus around the time of the crime. The video also depicted a male, wearing clothing identical to the look-out description, exit the vehicle and walk toward the building where the robbery occurred. MPD also recovered video from the defendant’s cell phone showing him dumping a large amount of cash into a bathroom sink bundled with red bands consistent with the description given by the victims. Williams recorded the cell phone video approximately three and a half hours after the crime. Finally, a black mask consistent with the mask described by the victims as the one worn by the assailant was found at the scene and was swabbed for DNA. Subsequent testing revealed the presence of Williams’s DNA on it. Williams was arrested on Dec. 20, 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 performed by the Forensic Biology Unit of the District of Columbia Department of Forensic Sciences as well as Sorensen Forensics. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Shana Fulton and Tamika Griffin; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Diana Lim, Katina Adams-Washington, and LaJune Thames, all of the Victim/Witness Assistance Unit; Supervisory Paralegal Supervisor Darline Douglas; Lead Paralegal Specialist Lynda Randolph, and Paralegal Specialist Benjamin Kagan-Guthrie.

 

            Finally, he commended the work of Assistant U.S. Attorney Vanessa Goodwin, who investigated and prosecuted the case.

WASHINGTON – David Gore, 36, of Washington, D.C., was sentenced today to seven years in prison for firing 11 gunshots at a group of people in Northwest Washington, hitting one victim in the back, U.S. Attorney Channing D. Phillips announced.

 

            Gore pled guilty in September 2016, in the Superior Court of the District of Columbia, to assault with intent to kill and carrying a pistol without a license. He was sentenced by the Honorable José M. Lopez. After his prison term, he will be placed on three years of supervised release.

 

            According to the government’s evidence, on May 16, 2016, at approximately 2:40 p.m., Gore exited a car in the 3700 block of New Hampshire Avenue NW and began shooting at a group of people standing nearby. After he finished firing on the group, Gore returned to the vehicle and left the scene. One man, who tried to run away, was shot in the back. He was treated at a hospital for his wounds. Remarkably, no one else was hit. According to the government’s evidence, Gore launched the attack without any provocation. Gore was arrested June 10, 2016.

 

            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 Crime Scene Sciences Unit of the District of Columbia Department of Forensic Sciences as well as Sorensen Forensics. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator Nelson Rhone, Victim/Witness Advocate Jennifer Allen, and Assistant U.S. Attorneys Michael J. Roman and Josiah Bournes, who investigated and prosecuted the case.

WASHINGTON – Malik Bilal, 41 of Washington, D.C., was sentenced today to 22 years in prison on charges stemming from the murder of a co-worker during a confrontation that took place in broad daylight in July 2014, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

 

            Bilal was found guilty in November 2016, following a trial in the Superior Court of the District of Columbia, of second-degree murder while armed and carrying a dangerous weapon. He was sentenced by the Honorable Milton C. Lee. Upon completion of his prison term, Bilal will be placed on five years of supervised release.

 

            According to the government’s evidence, on July 6, 2014, Bilal and the victim, Alonzo Gregory Beasley, 52, were assigned to a construction work crew in Northeast Washington. Throughout the day, the two men verbally argued over how to use the tools and the construction job itself. In mid-afternoon, Bilal got into his white pick-up truck and drove with two other workers to the work crew manager’s apartment complex at 22d and I Streets NE, while Mr. Beasley followed in another car. When they arrived, Bilal stayed in his truck while the rest of the crew sat across the street to wait for the manager.

 

            At one point, according to the government’s evidence, Mr. Beasley walked over to Bilal’s truck to grab a beverage from the truck bed. Bilal got out and yelled at Mr. Beasley not to touch his truck. He then produced a knife and began stabbing Mr. Beasley, who was unarmed. Mr. Beasley tried to get away, repeatedly telling Bilal that he was sorry and “Don’t do this.” However, Bilal pursued Mr. Beasley and stabbed him multiple times before finally plunging the knife into Mr. Beasley’s neck. Bilal then walked back to his truck and drove away. Bystanders called 911 and the Metropolitan Police Department (MPD) and the District of Columbia Department of Fire and Emergency Medical Services immediately responded. Mr. Beasley was taken to a hospital, where he died soon afterward.

 

            That evening, Bilal went to his neighborhood and parked his truck several blocks away from where he lived. Bilal shaved his head and beard, gathered a bag of clothes, and walked to his girlfriend’s house, where he spent the night. The next day, Bilal went back to his house to get more of his belongings and saw that his truck was gone. Bilal called 911 to report that his truck was stolen and that he last saw it on July 4th. However, seemingly unbeknownst to Bilal, MPD homicide detectives found the truck the night before, obtained a search warrant, and towed the truck to the District of Columbia Department of Forensics Sciences garage. Mr. Beasley’s DNA subsequently was found on the driver’s door armrest inside of the truck. The murder weapon was never found. Bilal was arrested on July 8, 2014, and has been in custody ever since.

 

            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 Forensic Science Laboratory and the Crime Scene Sciences Divisions of the District of Columbia Department of Forensic Sciences, as well as Bode Cellmark Forensics and Signature Science, LLC. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney George A. Pace, who investigated the case; Victim/Witness Advocate Marcia Rinker; Paralegal Specialists Meridith McGarrity and Stephanie Gilbert; former Supervisory Victim/Witness Program Specialist Michael Hailey; Supervisory Victim/Witness Services Coordinator David Foster; Investigative Analyst Zachary McMenamin, and Litigation Technology Specialist Leif Hickling.

 

            Finally, they commended the work of Assistant U.S. Attorneys Glenn Kirschner and Katherine Earnest, who investigated and prosecuted the case.

WASHINGTON – Milton Hood, 51, of Washington, D.C., has been found guilty by a jury on charges of robbing and assaulting a senior citizen couple in Northwest Washington, U.S. Attorney Channing D. Phillips announced today

 

            Hood was found guilty on Jan. 25, 2017, of one count of robbery of a senior citizen, and one count of assault with intent to commit robbery of a senior citizen. The verdict followed a two-week trial in the Superior Court of the District of Columbia. The Honorable Kimberley S. Knowles scheduled sentencing for April 7, 2017.

 

            According to the government’s evidence at trial, at about 11:15 a.m. on May 29, 2015, a 75-year-old woman and her 81-year-old husband were walking south on 23rd Street NW, between Q and P Streets. Hood attacked the husband, knocking him to the ground, and forcibly removed his wallet from his back pocket. The female victim, afraid for her husband’s life, began striking Hood with her cane, hitting him repeatedly on the head and neck. Hood turned on her, striking back and knocking her head to the ground. Hood tried to grab her purse, but the female victim, bleeding from her head and her knees, did not let go. People in two cars driving by stopped to help the victims, and the defendant ran off. Based on descriptions provided by the victims and eyewitnesses, Hood was spotted by the Metropolitan Police Department (MPD) two hours later wearing the exact same clothing as he was at the time of the attack. The victim’s cane was swabbed for DNA, and subsequent testing revealed the presence of Hood’s DNA on it.

 

            In announcing the guilty 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 efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino,  Special Counsel for DNA and Forensic Evidence Litigation; Assistant U.S. Attorneys Sharon Donovan, Michael Spence, Chrisellen Kolb, and Stephen Rickard ; Paralegal Specialists Crystal Waddy, Stephanie Siegerist, Stephanie Gilbert, Donville Drummond, Lynda Randolph, Debra McPherson, and Benjamin Kagan-Guthrie; Litigation Technology Specialists Claudia Gutierrez, Jeanie Latimore-Brown, and Paul Howell, and Jennifer Clark, Katina Adams-Washington and LaJune Thames, of the Victim Witness Assistance Unit. Finally, he commended the work of Assistant U.S. Attorneys Gilead Light, Michael Romano, and Allessandra Stewart, who investigated and prosecuted the case.

WASHINGTON – The manager of an auto restoration and collision center pled guilty today to charges that he conspired with others to sell vehicles that were brought to the business by the U.S. Department of State, announced U.S. Attorney Channing D. Phillips, Steve A. Linick, Inspector General for the U.S. Department of State, and Timothy R. Slater, Special Agent in Charge of the Criminal Division of the FBI’s Washington Field Office.

 

          James Ratcliffe, 67, of Fairfax Station, Va., pled guilty in the U.S. District Court for the District of Columbia to a charge of conspiracy to commit theft of government property and wire fraud. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, he faces a potential range of 18 to 24 months of incarceration and a fine of $4,000 to $40,000. The plea agreement calls for Ratcliffe to pay $416,020 in restitution and an equal amount in a forfeiture money judgment.

 

          The Honorable Amit P. Mehta scheduled sentencing for May 3, 2017.

 

          According to a statement of offense, signed by the defendant as well as the government, Ratcliffe is the manager of the Car Collision Center, located in Springfield, Va. He and the owner of the Collision Center, who is identified in court documents as “Person A,” also have a license to sell automobiles in Virginia under the name of Collector’s Auto Restoration.

 

          Through the Car Collision Center, Ratcliffe and others performed legitimate work on vehicles for government agencies, including the U.S. Department of State. Vehicles that came to the Collision Center from the State Department were delivered by State Department employees. The Collision Center provided estimates for the work requested, and, if approved, employees of the Collision Center prepared work tickets, performed the work, and billed the State Department.

 

            Apart from legitimate work for the State Department, Ratcliffe admitted in the statement of offense that he conspired with a State Department employee, identified in court documents as “Person B,” who worked in the Defensive Equipment and Armored Vehicle Division, to misappropriate and sell vehicles and other State Department property. This employee was responsible for the acquisition, repair, and maintenance of armored vehicles. “Person B” also was involved in record-keeping with respect to the State Department’s armored vehicles.

 

            According to the statement of offense, on at least two occasions in 2011 and 2012, “Person B” caused truckloads of State Department tires and wheels to be delivered to the Collision Center. “Person B” told Ratcliffe that he could sell them and keep the proceeds. Ratcliffe kept the full proceeds of his sales, which amounted to at least $7,500.

 

            Also, beginning in or before June 2011, and continuing through at least November 2013, “Person B” and Ratcliffe took a Hummer and 12 Chevrolet Suburbans from the State Department motor pool; these vehicles were unarmored. They agreed that Ratcliffe would sell the vehicles and split the proceeds with “Person B.” Ratcliffe typically sold the misappropriated vehicles for at or near market prices. The total sales price of the misappropriated vehicles was $408,520, according to the statement of offense. Ratcliffe and “Person A” kept the majority of these proceeds for their personal benefit and the remainder went to “Person B.” Additionally, in 2015, “Person B” provided Ratcliffe with two unarmored Suburbans that Ratcliffe kept at his place of business or home. The base price of these vehicles was $48,200 each, for a total of $96,400. The two vehicles were recovered during a law enforcement investigation of the criminal activities.

 

            All told, the value of the property that Ratcliffe misappropriated through the schemes was at least $512,420.

 

            In announcing the plea, U.S. Attorney Phillips, Inspector General Linick, and Special Agent in Charge Slater commended the work of those who are investigating the case from the U.S. Department of State, Office of the Inspector General, as well as the FBI’s Washington Field Office. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Andrea L. Hertzfeld, Special Assistant U.S. Attorney Vesna Harasic-Yaksic, and Paralegal Specialist Jessica Mundi. Finally, they commended the work of Assistant U.S. Attorney John P. Marston, who is prosecuting the matter.

WASHINGTON – Bianca Bush-Bronson, 38, the former office manager for a consulting and lobbying firm, has been sentenced to three years in prison for a scheme in which she embezzled more than $340,000 from her employer, announced U.S. Attorney Channing D. Phillips and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office.

 

            Bush-Bronson, of Washington, D.C., pled guilty in April 2016 to a charge of wire fraud in the U.S. District Court for the District of Columbia. She was sentenced on Jan. 18, 2017, by the Honorable Tanya S. Chutkan. Following her prison term, Bush-Bronson will be placed on three years of supervised release. She also is subject to a restitution order that will be imposed later by the Court.

 

            According to the government’s evidence, Bush-Bronson worked from April 2011 to October 2012 for a business identified in court documents as “Company A,” a consulting and lobbying firm in the District of Columbia. She maintained responsibility for the company’s day-to-day financial operations, including preparing checks, depositing funds, performing reconciliation of funds in bank accounts, and serving as a point of contact with the bank.

 

            From June 2011 through October 2012, according to the government’s evidence, Bush-Bronson issued checks drawn on the company’s account to herself, to cash, and to third parties for her own benefit. To conceal this activity, she made false entries in internal books and records. In total, she issued at least $80,000 in checks in this manner, using the money for, among other things, a down payment on a car, a mortgage payment, and a payment to her dentist.

 

            Bush-Bronson also used the company’s credit card to make at least $260,000 in unauthorized purchases for her own personal use at various retailers, including a jewelry store, department stores, and a salon, as well as for restaurants, airline tickets, and hotel stays. Finally, she received $1,470 in parking benefits without authorization.

 

            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 Specialists Aisha Keys and Tasha Harris, Legal Assistant Angela Lawrence, and former Paralegal Specialist Heather Sales. Finally, they commended Assistant U.S. Attorneys Michelle A. Zamarin and David A. Last, who prosecuted the case.

WASHINGTON – Arthur Chan, 31, of Washington, D.C., pled guilty today to a federal charge involving the sale of counterfeit designer apparel and accessories, announced U.S. Attorney Channing D. Phillips, Clark E. Settles, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Washington, D.C., and Michael W. Sonntag, Special Agent in Charge, Eastern Field Office, National Aeronautics and Space Administration (NASA) Office of Inspector General.

 

            Chan pled guilty in the U.S. District Court for the District of Columbia to trafficking in counterfeit goods. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Chan faces a likely range of 10 to 16 months in prison and a fine of up to $55,000. The plea agreement also calls for Chan to pay a forfeiture money judgment of $37,246, which represents the amount of proceeds he generated through the crimes. He is to be sentenced on May 9, 2017, by the Honorable Rosemary M. Collyer.

 

            According to a statement of offense, signed by the defendant as well as the government, Chan is a resources analyst at NASA’s Goddard Space Flight Center in Greenbelt, Md. Between November 2013 and March 2016, according to the statement of offense, he used two personal eBay accounts to complete approximately 610 sales of apparel and accessories bearing marks identical with, or substantially indistinguishable from, those registered to Hugo Boss.

 

            Chan imported all of these items from India to a mailbox he maintained at a UPS store in Lanham or his residence in Washington, D.C. According to the statement of offense, he netted a total of $37,246 from the sale of these items. During the investigation, law enforcement seized a variety of counterfeit items, including 113 counterfeit Hugo Boss wallets; 18 counterfeit Ralph Lauren Polo wallets; three counterfeit Fred Perry wallets; 23 counterfeit Hugo Boss Polo shirts; two counterfeit Fred Perry Polo shirts, and counterfeit Hugo Boss and Ralph Lauren packaging.

 

            This case was investigated by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Washington, D.C., and the NASA Office of Inspector General. Hugo Boss AG, based in Metzingen, Germany, provided assistance to the investigative team. The matter is being prosecuted by Assistant U.S. Attorney Michael J. Marando, with assistance on asset forfeiture issues from Special Assistant U.S. Attorney Andrea Duvall.

WASHINGTON - Anthony Wade, 31 of Washington, D.C., and his uncle, Antwain Bailey, 47 of Temple Hills, Md., have pled guilty to charges stemming from their roles in the killing of a man in Southeast Washington, U.S. Attorney Channing D. Phillips announced today.

 

            Both men entered their guilty pleas on Jan. 12, 2017, in the Superior Court of the District of Columbia. Wade pled guilty to second-degree murder while armed, and Bailey pled guilty to voluntary manslaughter while armed. The guilty pleas, which are contingent upon the Court’s approval, call for Wade to be sentenced to between 15 and 24 years in prison and for Bailey to be sentenced to a 13-year-prison term. The Honorable Milton C. Lee set a hearing for May 19, 2017 to determine whether the pleas and sentences will be accepted.

 

            According to the government’s evidence, in the late afternoon of March 9, 2016, Bailey had a verbal altercation with the victim, Aubrey Dansbury, in an apartment in the 800 block of Chesapeake Street SE. During the argument, Wade called his uncle, Bailey, and provided Bailey with his location. Wade then walked outside and Mr. Dansbury followed. Once outside, the two men began to fist fight. People from the neighborhood tried unsuccessfully to break up the fight.

 

            As the fight continued, Bailey drove onto the block in a black Lexus sedan. Bailey parked the car and got out, and Wade ran over to him. When Mr. Dansbury and Wade began to fight again, Bailey intervened and walked Wade to the front of the car. Bailey then handed Wade a gun. Wade turned and began shooting at Mr. Dansbury, who was standing at the back of the Lexus. Wade fired the gun at least two times, but neither shot hit Mr. Dansbury. The gun jammed. Wade handed the gun to Bailey, who unjammed the weapon and handed it back. Wade then repeatedly fired the gun as he followed Mr. Dansbury around the car. Mr. Dansbury got inside of the back seat of the sedan to seek cover. Wade then shot Mr. Dansbury multiple times. Mr. Dansbury fell out of the car onto the sidewalk. Bailey got into the driver’s seat and Wade got into the back seat and the car pulled off. Mr. Dansbury, 27, died from the gunshot wounds on March 17, 2016.

 

            In announcing the pleas, 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 Diana Lim and Paralegal Specialist Lashone Samuels. Finally, he commended the work of Assistant U.S. Attorneys Adrienne Dedjinou, Matthew Massey and Allessandra Stewart, who investigated and prosecuted the case.

            SHREVEPORT, LA. – A Louisiana man pled has pled guilty to a federal charge following his arrest for calling a Washington, D.C., pizzeria and threatening to shoot people there, announced Channing D. Phillips, U.S. Attorney for the District of Columbia, and Stephanie A. Finley, U.S. Attorney for the Western District of Louisiana.

 

            Yusif Lee Jones, 52, of Shreveport, pled guilty on Jan. 12, 2017, in the U.S. District Court for the Western District of Louisiana, to one count of interstate threatening communications. He is to be sentenced on April 12, 2017, by U.S. District Judge S. Maurice Hicks Jr. Jones, who has been in custody in Louisiana since his arrest there on Dec. 22, 2016, faces a statutory maximum of five years in prison, three years of supervised release, restitution and a $250,000 fine.

 

            According to the government’s evidence, Jones made the threat by telephone on Dec. 7, 2016, three days after a shooting at the Comet Ping Pong pizza shop in Washington, D.C., which was reported on by the national news media. The gunman in that case, who faces federal charges in Washington, D.C., was motivated, at least in part, by unfounded rumors concerning a child sex-trafficking ring. No one was injured in the gunfire. According to the government’s evidence, Jones called the Besta Pizza shop in Washington, D.C., and said he was trying to “save the kids” and threatened to “shoot everyone in the place.”

 

            An investigation by the Metropolitan Police Department (MPD) and the FBI’s Washington Field Office traced the call to Jones in Shreveport. Jones subsequently admitted to making the threatening call and was arrested. He initially was charged in the Superior Court of the District of Columbia, but that case is to be dismissed in light of the federal prosecution in Louisiana.

 

            The investigation was conducted by the Metropolitan Police Department (MPD) and the FBI’s Washington Field Office. Those working on the case from the U.S. Attorney’s Office for the District of Columbia included Assistant U.S. Attorneys T. Patrick Martin, John Giovannelli, Demian S. Ahn, and Sonali D. Patel, as well as Victim/Witness Advocates Yvonne Bryant and Karina Hernandez. Assistant U.S. Attorney William J. Flanagan of the U.S. Attorney’s Office for the Western District of Louisiana is prosecuting the case.

The Justice Department announced today that Shire Pharmaceuticals LLC and other subsidiaries of Shire plc (Shire) will pay $350 million to settle federal and state False Claims Act allegations that Shire and the company it acquired in 2011, Advanced BioHealing (ABH), employed kickbacks and other unlawful methods to induce clinics and physicians to use or overuse its product “Dermagraft,” a bioengineered human skin substitute approved by the FDA for the treatment of diabetic foot ulcers. Shire plc is a multinational pharmaceutical firm headquartered in Ireland, with its United States operational headquarters in Lexington, Massachusetts. Shire sold the assets associated with Dermagraft in early 2014.

 

“This settlement represents the largest False Claims Act recovery by the United States in a kickback case involving a medical device,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Kickbacks by suppliers of healthcare goods and services cast a pall over the integrity of our health care system. Patients deserve the unfettered, independent judgment of their health care professionals.”

 

The settlement resolves allegations that Dermagraft salespersons unlawfully induced clinics and physicians with lavish dinners, drinks, entertainment and travel; medical equipment and supplies; unwarranted payments for purported speaking engagements and bogus case studies; and cash, credits and rebates, to induce the use of Dermagraft. The Anti-Kickback Statute prohibits, among other things, the payment of remuneration to induce the use of medical devices covered by Medicare, Medicaid and other federally-funded health care programs, including the Department of Veterans Affairs (VA). Claims filed in violation of the Anti-Kickback Statute are considered false or fraudulent under the False Claims Act. In addition, the Anti-Bribery statute and the Federal Acquisition Regulations prohibit bribes to government officials or employees, including VA physicians, to obtain a contract or favorable treatment under a supply contract. The United States alleged that as a result of their violation of these provisions, ABH and Shire submitted or caused to be submitted to federally-funded health care programs hundreds of millions of dollars of false claims for Dermagraft.

 

“Flagrant and systemic kickback activity of the type at issue in this case is designed to impair and undermine a physician’s independent medical judgment, and will not be tolerated,” said U.S. Attorney A. Lee Bentley III for the Middle District of Florida (MDFL). “This lawsuit and today’s historic settlement demonstrate our office’s vigilant and on-going efforts to safeguard federal health care program beneficiaries from the effects of such illegal and deplorable conduct.” In addition to this landmark civil settlement, Mr. Bentley’s office continues to work diligently to bring to justice those individuals responsible for these illegal actions. Already, the MDFL has obtained the criminal convictions of three high-level executives who supervised the implementation of the illegal kickback scheme, as well as a number of healthcare providers who received kickbacks.

 

The U.S. Attorney’s Office for the District of Columbia also played an active role in this investigation, seeking redress in the civil agreement announced today for the losses sustained by the VA. “Giving kickbacks and gratuities to healthcare providers corrupts medical treatment by interjecting personal financial incentives into decisions that should focus on what is best for a particular patient,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “These types of unlawful incentives are particularly troubling when they seek to corrupt the medical treatment provided to our nation’s veterans. We will aggressively pursue any company that engages in such reprehensible and unlawful conduct, which seeks to put a company’s financial gains ahead of providing the best medical treatment for those who bravely served in our Armed Forces.”

 

The U.S. Attorneys’ Office for the Eastern District of Pennsylvania and the Middle District of Tennessee also contributed to the investigation and resolution of these matters. “Fraud against the health care program that exists for the benefit of our veterans, some of our most cherished citizens, as well as fraud against the Medicare program, is reprehensible and unacceptable,” said the Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania. “This resolution again demonstrates the capacity of the Department of Justice and our law enforcement partners across the country to work together to address unlawful conduct nationwide that affects veterans and other beneficiaries of federally funded health care programs.”

 

“The best interest of the patient is, and must be, the primary factor in a physician’s decision regarding patient care,” said U.S. Attorney David Rivera for the Middle District of Tennessee. “As such, federal law protects patients from medical providers who enrich themselves through bribes and kickbacks by making illegal the payment of remuneration to induce the use of medical devises covered by federally-funded health care programs. Such kickback schemes that interfere with physician-patient relationships and drive up the cost of healthcare for everyone, will be vigorously pursued and aggressively prosecuted.”

 

"U.S. Department of Veterans Affairs healthcare providers are obligated to render care free of any improper financial influences” said Special Agent in Charge Michael E. Seitler of the U.S. Department of Veterans Affairs, Office of Inspector General (VA OIG), Northwest Field Office. “This is particularly important at VA, since we care for many of this nation’s heroes who have sacrificed their own welfare for our freedom. In this case, ABH saw a dramatic rise in its sales to the VA during the period of time it provided illegal inducements to multiple VA clinicians across the country. These corrupt practices served to erode the public trust in our healthcare system. The VA OIG is committed to investigating, and bringing to justice, those who engage in these illegal practices.”

 

In addition to the kickback allegations, the settlement also resolved allegations that Shire and its predecessor ABH unlawfully marketed Dermagraft for uses not approved by the FDA, made false statements to inflate the price of Dermagraft, and caused improper coding, verification, or certification of Dermagraft claims and related services.

 

The allegations resolved by the settlement were brought in six lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The whistleblower shares to be awarded in this case have not yet been determined.

 

The six qui tam cases, all of which were either filed or transferred to the U.S. District Court for the Middle District of Florida, are captioned: United States ex rel. Vinca v. Advanced BioHealing, Inc., Case No. 8:11-cv-176-T-30MAP; United States ex rel. Harvey v. Advanced BioHealing, Inc., Case No. 8:16-cv-303-T-30TBM; United States ex rel. Medolla v. Advanced BioHealing, Inc., Case No. 8:12-cv-575-T-30TBM; United States, et al., ex rel. Petty v. Shire Regenerative Medicine, Inc., Case No. 8:14-cv-969-T-30TBM; United States ex rel. Webb v. Advanced BioHealing, Inc., Case No. 8:14-cv-1055-T-30EAJ; and United States, et al., ex rel. Montecalvo v. Shire Regenerative Medicine, Inc., Case No. 8:16-cv-268-T-30TBM.

 

These matters were investigated by the Civil Division’s Commercial Litigation Branch; the U.S. Attorneys’ Offices for the Middle District of Florida, District of Columbia, Middle District of Tennessee and Eastern District of Pennsylvania; the FBI; the U.S. Department of Health and Human Services (HHS) Office of Inspector General; the VA OIG and the Department of Defense Criminal Investigative Service.

 

Shire, which cooperated in the government’s investigation, has been operating under a Corporate Integrity Agreement entered into with HHS that was implemented in late 2014, after the alleged unlawful conduct resolved by today’s settlement occurred, in connection with the settlement of separate False Claims Act allegations.

 

“Patients must be able to trust that decisions made by their doctors are based on unbiased professional judgment and not personal gain,” said Chief Counsel Gregory E. Demske to the HHS Inspector General. “The Office of the Inspector General will continue to monitor Shire’s compliance with federal healthcare programs through its oversight of Shire’s Corporate Integrity Agreement.”

 

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 $31.4 billion through False Claims Act cases, with nearly $19.6 billion of that amount recovered in cases involving fraud against federal health care programs.

 

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

WASHINGTON – The Justice Department announced today that Shire Pharmaceuticals LLC and other subsidiaries of Shire plc (Shire) will pay $350 million to settle federal and state False Claims Act allegations that Shire and the company it acquired in 2011, Advanced BioHealing (ABH), employed kickbacks and other unlawful methods to induce clinics and physicians to use or overuse its product “Dermagraft,” a bioengineered human skin substitute approved by the FDA for the treatment of diabetic foot ulcers. Shire plc is a multinational pharmaceutical firm headquartered in Ireland, with its United States operational headquarters in Lexington, Massachusetts. Shire sold the assets associated with Dermagraft in early 2014.

 

            “This settlement represents the largest False Claims Act recovery by the United States in a kickback case involving a medical device,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Kickbacks by suppliers of healthcare goods and services cast a pall over the integrity of our health care system. Patients deserve the unfettered, independent judgment of their health care professionals.”

 

            The settlement resolves allegations that Dermagraft salespersons unlawfully induced clinics and physicians with lavish dinners, drinks, entertainment and travel; medical equipment and supplies; unwarranted payments for purported speaking engagements and bogus case studies; and cash, credits and rebates, to induce the use of Dermagraft. The Anti-Kickback Statute prohibits, among other things, the payment of remuneration to induce the use of medical devices covered by Medicare, Medicaid and other federally-funded health care programs, including the Department of Veterans Affairs (VA). Claims filed in violation of the Anti-Kickback Statute are considered false or fraudulent under the False Claims Act. In addition, the Anti-Bribery statute and the Federal Acquisition Regulations prohibit bribes to government officials or employees, including VA physicians, to obtain a contract or favorable treatment under a supply contract. The United States alleged that as a result of their violation of these provisions, ABH and Shire submitted or caused to be submitted to federally-funded health care programs hundreds of millions of dollars of false claims for Dermagraft.

 

            “Flagrant and systemic kickback activity of the type at issue in this case is designed to impair and undermine a physician’s independent medical judgment, and will not be tolerated,” said U.S. Attorney A. Lee Bentley III for the Middle District of Florida (MDFL). “This lawsuit and today’s historic settlement demonstrate our office’s vigilant and on-going efforts to safeguard federal health care program beneficiaries from the effects of such illegal and deplorable conduct.” In addition to this landmark civil settlement, Mr. Bentley’s office continues to work diligently to bring to justice those individuals responsible for these illegal actions. Already, the MDFL has obtained the criminal convictions of three high-level executives who supervised the implementation of the illegal kickback scheme, as well as a number of healthcare providers who received kickbacks.

 

            The U.S. Attorney’s Office for the District of Columbia also played an active role in this investigation, seeking redress in the civil agreement announced today for the losses sustained by the VA. “Giving kickbacks and gratuities to healthcare providers corrupts medical treatment by interjecting personal financial incentives into decisions that should focus on what is best for a particular patient,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “These types of unlawful incentives are particularly troubling when they seek to corrupt the medical treatment provided to our nation’s veterans. We will aggressively pursue any company that engages in such reprehensible and unlawful conduct, which seeks to put a company’s financial gains ahead of providing the best medical treatment for those who bravely served in our Armed Forces.”

 

            The U.S. Attorneys’ Office for the Eastern District of Pennsylvania and the Middle District of Tennessee also contributed to the investigation and resolution of these matters. “Fraud against the health care program that exists for the benefit of our veterans, some of our most cherished citizens, as well as fraud against the Medicare program, is reprehensible and unacceptable,” said the Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania. “This resolution again demonstrates the capacity of the Department of Justice and our law enforcement partners across the country to work together to address unlawful conduct nationwide that affects veterans and other beneficiaries of federally funded health care programs.”

 

            “The best interest of the patient is, and must be, the primary factor in a physician’s decision regarding patient care,” said U.S. Attorney David Rivera for the Middle District of Tennessee. “As such, federal law protects patients from medical providers who enrich themselves through bribes and kickbacks by making illegal the payment of remuneration to induce the use of medical devises covered by federally-funded health care programs. Such kickback schemes that interfere with physician-patient relationships and drive up the cost of healthcare for everyone, will be vigorously pursued and aggressively prosecuted.”

 

            "U.S. Department of Veterans Affairs healthcare providers are obligated to render care free of any improper financial influences” said Special Agent in Charge Michael E. Seitler of the U.S. Department of Veterans Affairs, Office of Inspector General (VA OIG), Northwest Field Office. This is particularly important at VA, since we care for many of this nation’s heroes who have sacrificed their own welfare for our freedom. In this case, ABH saw a dramatic rise in its sales to the VA during the period of time it provided illegal inducements to multiple VA clinicians across the country. These corrupt practices served to erode the public trust in our healthcare system. The VA OIG is committed to investigating, and bringing to justice, those who engage in these illegal practices.”

 

            In addition to the kickback allegations, the settlement also resolved allegations that Shire and its predecessor ABH unlawfully marketed Dermagraft for uses not approved by the FDA, made false statements to inflate the price of Dermagraft, and caused improper coding, verification, or certification of Dermagraft claims and related services.

 

            The allegations resolved by the settlement were brought in six lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for false claims and to receive a share of any recovery. The whistleblower shares to be awarded in this case have not yet been determined.

 

            The six qui tam cases, all of which were either filed or transferred to the U.S. District Court for the Middle District of Florida, are captioned: United States ex rel. Vinca v. Advanced BioHealing, Inc., Case No. 8:11-cv-176-T-30MAP; United States ex rel. Harvey v. Advanced BioHealing, Inc., Case No. 8:16-cv-303-T-30TBM; United States ex rel. Medolla v. Advanced BioHealing, Inc., Case No. 8:12-cv-575-T-30TBM; United States, et al., ex rel. Petty v. Shire Regenerative Medicine, Inc., Case No. 8:14-cv-969-T-30TBM; United States ex rel. Webb v. Advanced BioHealing, Inc., Case No. 8:14-cv-1055-T-30EAJ; and United States, et al., ex rel. Montecalvo v. Shire Regenerative Medicine, Inc., Case No. 8:16-cv-268-T-30TBM.

 

            These matters were investigated by the Civil Division’s Commercial Litigation Branch; the U.S. Attorneys’ Offices for the Middle District of Florida, District of Columbia, Middle District of Tennessee and Eastern District of Pennsylvania; the FBI; the U.S. Department of Health and Human Services (HHS) Office of Inspector General; the VA OIG and the Department of Defense Criminal Investigative Service.

 

            Shire, which cooperated in the government’s investigation, has been operating under a Corporate Integrity Agreement entered into with HHS that was implemented in late 2014, after the alleged unlawful conduct resolved by today’s settlement occurred, in connection with the settlement of separate False Claims Act allegations.

 

            “Patients must be able to trust that decisions made by their doctors are based on unbiased professional judgment and not personal gain,” said Chief Counsel Gregory E. Demske to the HHS Inspector General. “The Office of the Inspector General will continue to monitor Shire’s compliance with federal healthcare programs through its oversight of Shire’s Corporate Integrity Agreement.”

 

            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 $31.4 billion through False Claims Act cases, with nearly $19.6 billion of that amount recovered in cases involving fraud against federal health care programs.

 

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

WASHINGTON – Melvin Smith, 45, of Washington, D.C., was sentenced today to a 10 ½-year prison term for a series of robberies of convenience stores last summer in Northeast and Northwest Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

 

            Smith pled guilty in November 2016 to three counts of robbery and was sentenced today in the Superior Court of the District of Columbia by the Honorable Danya A. Dayson. Following completion of his prison term, he will be placed on three years of supervised release.

 

            In entering his guilty plea, Smith admitted to robbing six convenience stores in just over four weeks. 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 sentence, U.S. Attorney Phillips and Acting Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the work of Assistant U.S. Attorney Richard Barker, who investigated and prosecuted the case.

WASHINGTON – David Bernier, 52, of Fort Lauderdale, Fla., was sentenced today to six months in prison on a federal charge stemming from a scheme in which he forged military records and made false statements in an attempt to collect over $700,000 under a federal law meant to protect active duty military members from suffering losses through mortgage foreclosures.

 

            The sentence was announced by Channing D. Phillips, U.S. Attorney for the District of Columbia, Lewe F. Sessions, Special Agent in Charge of the Department of Justice Office of the Inspector General’s Fraud Detection Office, and James Springs, Inspector General for the National Archives and Records Administration.

 

            Bernier pled guilty on June 20, 2016, in the U.S. District Court for the District of Columbia to making a false statement. He was sentenced by the Honorable Colleen Kollar-Kotelly. Following his prison term, Bernier will be placed on two years of supervised release.

 

            The scheme involved Bernier’s claims that he was entitled to protection under the Servicemembers Civil Relief Act, a law that provides protections for military members as they enter active duty. Among other things, the law prohibits non-judicial foreclosures against service members who are in military service or within the applicable post-service period, as long as they originated their mortgages before their period of military service began.

 

            In 2012, the United States settled two lawsuits against financial institutions accused of improperly foreclosing on mortgages of active duty military service personnel. The court agreements led to the creation of settlement funds out of which payments would be made to qualified individuals whose homes had been wrongfully foreclosed upon.

 

            Bernier filed two such claims in 2014, involving foreclosures that took place in 2008 and 2009 of two condominiums he owned in Fort Lauderdale. In both claims, Bernier stated that the properties were foreclosed upon while he was on active duty in the U.S. Air Force in Iraq. He also provided documentation claiming he had received the Defense Meritorious Service Medal and Citation for conduct in Iraq from July 2008 to March 2010. Under the settlement agreements, if the claims were valid, Bernier could have received a total of $730,000.

 

            However, the financial institutions were unable to substantiate Bernier’s claims, leading him to submit follow-up documents and make statements attesting to his service. In fact, an investigation determined that the documents Bernier had submitted were forgeries. At the time that Bernier supposedly was in Iraq, he was in fact working in the state of Washington. No money was paid to Bernier, whose actions became the subject of a criminal investigation.

 

            “This defendant went to great lengths in his brazen attempts to defraud financial institutions of $730,000 that was meant to protect veterans from foreclosures while they were in service to our country,” said U.S. Attorney Phillips. “Fortunately, the banks and the Department of Justice fully vetted the defendant’s many forgeries on documents and he was never paid. We will continue to hold people accountable for attempting to cash in on benefits meant for others.”

 

            “By falsely claiming mortgage relief benefits reserved for those on active duty, the defendant not only sought to defraud the government, his actions resulted in a delay of payments to those who actually deserved to receive them -- the brave men and women who lost their homes to foreclosure while serving their country overseas,” said Special Agent in Charge Sessions. “We will continue to investigate all those who try to cheat the system in this manner.”

 

            In announcing the sentence, U.S. Attorney Phillips, Inspector General Horowitz, and Inspector General Springs commended those who investigated the case from the Offices of Inspector General for the Department of Justice and the National Archives and Records Administration. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Peter C. Lallas, who prosecuted the matter.

WASHINGTON – Ryan Matthews, 28, of Washington, D.C., was sentenced today to eight years in prison on charges stemming from an incident in which he shot one person and assaulted two others in downtown Washington, U.S. Attorney Channing D. Phillips announced.

 

            Matthews pled guilty in October 2016, 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. He was sentenced by the Honorable Michael Ryan.

 

            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 sentence, 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.

WASHINGTON – A man with a history of theft convictions was sentenced today to 18 months in prison for stealing a package last summer from a residence in the DuPont Circle area of Northwest Washington and then violating a court order to stay out of the neighborhood pending trial, U.S. Attorney Channing D. Phillips announced.

 

            Wayne Bridgeforth, 60, of Washington, D.C., pled guilty in October 2016, in the Superior Court of the District of Columbia, to charges of second-degree theft, with a felony enhancement, and felony contempt. He was sentenced by the Honorable Neal E. Kravitz, who also ordered that Bridgeforth get drug and mental health treatment. Following his prison term, Bridgeforth will be placed on three years of supervised release, during which time he must stay away from the area where his crimes took place.

 

            Bridgeforth has a history of stealing mail since at least 1984 and has nine previous convictions for theft-related offenses.

 

            According to the government’s evidence, on July 25, 2016, at about 4:45 p.m., a man who was walking his dog saw an individual, later identified as Bridgeforth, take a package off of the stoop of a residence in the 1500 block of Q Street NW. The man followed Bridgeforth and told him to drop the package or he would call the police. Bridgeforth dropped the package and ran. The package contained a camera, which was not damaged in the incident.

 

            Officers with the Metropolitan Police Department later determined that Bridgeforth had been seen in the neighborhood for the past seven months. On Aug. 10, 2016, officers observed Bridegeforth in the 1600 block of Church Street NW and placed him under arrest. Bridgeforth admitted to stealing packages and also wrote a letter of apology to the victim of the July 25 theft. Following his arrest, Bridgeforth was released from custody pending further court proceedings, with an order to stay away from the neighborhood including DuPont Circle. He violated that order and was once again in the area on Sept. 7, 2016, leading to the contempt charge.

 

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Assistant U.S. Attorney Alysa Kociuruba, who prosecuted the matter.

WASHINGTON – Ojahri Hart, 19, of Washington, D.C., was sentenced today to four years in prison for robbing a couple at gunpoint of their car at a gas station in Northwest Washington, U.S. Attorney Channing D. Phillips announced.

 

            Hart pled guilty in September 2016, in the Superior Court of the District of Columbia, to armed robbery. He was sentenced by the Honorable Juliet McKenna. Judge McKenna sentenced Hart to a total of 72 months in prison, but suspended all but 48 months of that time on the condition that he complete three years of supervised probation following his release.

 

            According to the government’s evidence, Hart and an accomplice, who were both armed with handguns, robbed the couple of their 2002 Cadillac DeVille at 2 a.m. May 20, 2016, at a gas station in the 7000 block of Blair Road NW. The male victim was pumping gas, and the female victim was inside the car. Hart and his accomplice seized the car at gunpoint and rode away.

 

            The vehicle was found about 10 hours later in the 100 block of Longfellow Street NW, within three or four blocks of the defendant’s home. Two purses were missing from the vehicle, one from inside the car and one from the trunk. Latent fingerprints were recovered from the vehicle. An examination by the Latent Fingerprint Unit of the District of Columbia Department of Forensic Sciences revealed that Hart was the source of a palm print found on the trunk of the vehicle and a fingerprint found on the inside back portion of the driver’s side door handle.

 

            No one else has been arrested in the investigation.

 

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who responded to the crime and investigated the case from the Metropolitan Police Department’s Fourth District. He also expressed appreciation for the work performed by the District of Columbia Department of Forensic Sciences. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Michael J. Romano, who investigated and prosecuted the matter.

WASHINGTON – A 33-year-old man, of Washington, D.C., pled guilty today to first-degree child sexual abuse of his 14-year-old daughter and attempted first-degree child sexual abuse of his 12-year-old daughter, as well as attempted possession of a prohibited weapon and threats charges against two Special Police Officers, U.S. Attorney Channing D. Phillips announced.

 

            The man, who is not identified here to protect the privacy of the victims in the sexual assault case, pled guilty in the Superior Court of the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for a sentence of 14 years in prison. The Honorable José M. Lopez set a hearing for March 17, 2017 to determine whether the plea and sentence will be accepted.

 

            According to the government’s investigation in the sexual assault case, the defendant had sexually abused his older daughter several times in the past year, while he had been sexually abusing his younger daughter since she was approximately eight years old. On one occasion that took place on or around Sept. 1, 2016, the defendant penetrated his older daughter’s vagina with his penis while they were at her mother’s home. On another occasion, which took place on or about Oct. 2, 2016, the defendant was at their mother’s home when he had his younger daughter perform oral sex on him. The defendant asked his younger daughter if she “liked” performing oral sex, to which she responded, “No.” The defendant then met with both daughters and apologized to them for his actions. It was then that the girls learned they were both victims of the defendant’s sexual abuse. The girls then decided to disclose the incidents to their aunt, ultimately leading to the defendant’s arrest.

 

            In the defendant’s other case, the government’s investigation revealed that the defendant had been barred from a homeless shelter in Northeast Washington on April. 29, 2016. The defendant entered the shelter on Aug. 29, 2016, and was immediately told by two Special Police Officers to leave the facility. The defendant left but returned moments later, at which point he pulled out a knife and threatened to fight and stab the Special Police Officers. After the Special Police Officers ordered the defendant several times to put down the knife, the defendant walked up the street, at which point an officer from the Metropolitan Police Department stopped the defendant and placed him under arrest.

 

            In announcing the plea, U.S. Attorney Phillips praised the work of detectives from the Metropolitan Police Department’s Youth Investigations Division, which investigated the sexual-assault case, and members of the MPD’s Fifth District who were involved in the threats case. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Angelina Slagle and Victim/Witness Advocate Lezlie Richardson. Finally, he commended Assistant U.S. Attorneys Danny Nguyen and Maryam Adeyola, who investigated and prosecuted this case.

The husband of the former Deputy Chief of Mission in Rabat, Morocco, was sentenced today to 30 months in prison for 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 McLean, Virginia, pleaded guilty on Oct. 12, 2016, to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Judge Cooper also sentenced Chammas to a five-year term of supervised release and ordered him to pay a $15,000 fine.  Chammas is required to register as a sex offender for a period of 15 years.

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’s Office of Special Investigations investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case.

WASHINGTON – The husband of the former Deputy Chief of Mission in Rabat, Morocco was sentenced today to 30 months in prison for 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 McLean, Virginia, pleaded guilty on Oct. 12, 2016, to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Judge Cooper also sentenced Chammas to a five-year term of supervised release and ordered him to pay a $15,000 fine.  Chammas is required to register as a sex offender for a period of 15 years.

            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’s Office of Special Investigations investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case.

A Maryland man was sentenced today to 135 months in prison on federal charges stemming from his role as a key organizer and leader of an identity theft and tax fraud scheme involving the filing of fraudulent returns falsely seeking more than $20 million in refunds, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, U.S. Attorney Channing D. Phillips for the District of Columbia, Acting Special Agent in Charge Thomas J. Holloman of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington D.C. Field Office, 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.

“Kevin Brown led a sprawling identity theft scheme that cost the government millions in fraudulently claimed income tax refunds, and caused substantial harm to those whose identities were stolen,” said Principal Deputy Assistant Attorney General Ciraolo. “Today’s significant prison sentence punishes Brown for his conduct and serves as a clear warning to those engaged in or considering similar conduct that the government will prosecute these crimes and will seek incarceration and restitution.”

“Although Kevin Brown owned a neighborhood barbershop, he was making most of his money through illegal means, as a key organizer and leader of a massive tax fraud scheme,” said U.S. Attorney Phillips.  “He and his many co-conspirators falsified tax returns in the names of some of the most vulnerable members of our society, including individuals who were elderly, infirm, disabled, incarcerated, and deceased, and then pocketed millions of dollars in tax refunds at a cost to hard-working taxpaying citizens. Thanks to a concerted effort by law enforcement, this defendant and the others in the scheme will be held accountable with prison terms and orders for restitution.”

“Criminal conspiracies involving fraudulent refund schemes are loathsome crimes that victimize our nation’s honest taxpayers,” said Acting Special Agent in Charge Holloman. “Today’s sentencing is a reminder that IRS-CI will remain vigilant in our investigation of these schemes and will continue to work with prosecutors to combat this type of criminal conduct.”

“Identity theft and fraud are a continuing problem in our society,” said Inspector in Charge McKeown. “The U.S. Postal Inspection Service aggressively investigates these types of crimes when they involve the U.S. Mail.  This case serves as another example of the significant positive results from collaborating with our law enforcement partners to achieve justice."

“This sentencing of Mr. Brown is reflective of the commitment by the Treasury’s Office of Inspector General and its law enforcement partners to pursue criminal charges against individuals and groups that prey on the public by stealing identities and fraud committed against the U.S. taxpayer and Treasury Department in their criminal schemes,” said Assistant Inspector General Phillips.

According to the government’s evidence, Brown, formerly of Capitol Heights, Maryland, and others 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.  Brown and his co-conspirators fraudulently claimed refunds for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners.  Returns were also filed in the names of, and refunds were issued to, willing participants in the scheme.  The returns filed listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia.

The participants played various roles in the scheme: stealing identifying information; allowing their personal identifying information to be used; creating and mailing fraudulent federal tax returns; allowing their addresses to be used for receipt of the refund checks; cashing the refund checks; providing bank accounts into which the refund checks were deposited; and forging endorsements of identity theft victims on the refund checks.  The false returns typically reported inflated or fictitious income from a sole proprietorship and claimed phony dependents to generate an Earned Income Tax Credit, a refundable federal income tax credit for working families with low to moderate incomes.

According to the government’s evidence, Brown was a key organizer and leader of the scheme and recruited others to join in the illegal activities.  Brown, who owns Classic Kutz, a barbershop in the 3200 block of 22nd Street SE in Washington, D.C., sometimes listed that establishment as the business name on the fraudulent returns.  Among other things, he prepared and mailed fraudulent returns, and endorsed and deposited fraudulently obtained refund checks.

Brown pleaded guilty on Feb. 15, 2013, to conspiracy to defraud the government with respect to claims, making false, fictitious or fraudulent claims for a tax refund, and fraud and related activity in connection with identification information (identity theft).  In addition to the term of prison imposed, U.S. District Judge Ellen S. Huvelle for the District of Columbia ordered Brown to serve three years of supervised release and to pay $4,543,659 in restitution to the IRS.

Brown is 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 $20 million.

Principal Deputy Assistant Attorney General Ciraolo, U.S. Attorney Phillips, Acting Special Agent in Charge Holloman, Inspector in Charge McKeown, and Assistant Inspector General Phillips commended special agents who conducted the investigation and acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein 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, Thomas F. Koelbl, and Jessica Moran of the Tax Division, who prosecuted the case.

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

WASHINGTON – A Maryland man was sentenced today to 135 months in prison on federal charges stemming from his role as a key organizer and leader of an identity theft and tax fraud scheme involving the filing of fraudulent returns falsely seeking more than $20 million in refunds, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, U.S. Attorney Channing D. Phillips for the District of Columbia, Acting Special Agent in Charge Thomas J. Holloman of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington D.C. Field Office, 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.

            Kevin Brown, formerly of Capitol Heights, Maryland, is 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 $20 million.

            “Kevin Brown led a sprawling identity theft scheme that cost the government millions in fraudulently claimed income tax refunds, and caused substantial harm to those whose identities were stolen,” said Principal Deputy Assistant Attorney General Ciraolo. “Today’s significant prison sentence punishes Brown for his conduct and serves as a clear warning to those engaged in or considering similar conduct that the government will prosecute these crimes and will seek incarceration and restitution.”

            “Although Kevin Brown owned a neighborhood barbershop, he was making most of his money through illegal means, as a key organizer and leader of a massive tax fraud scheme,” said U.S. Attorney Phillips.  “He and his many co-conspirators falsified tax returns in the names of some of the most vulnerable members of our society, including individuals who were elderly, infirm, disabled, incarcerated, and deceased, and then pocketed millions of dollars in tax refunds at a cost to hard-working taxpaying citizens. Thanks to a concerted effort by law enforcement, this defendant and the others in the scheme will be held accountable with prison terms and orders for restitution.”

            “Criminal conspiracies involving fraudulent refund schemes are loathsome crimes that victimize our nation’s honest taxpayers,” said Acting Special Agent in Charge Holloman. “Today’s sentencing is a reminder that IRS-CI will remain vigilant in our investigation of these schemes and will continue to work with prosecutors to combat this type of criminal conduct.”

            “Identity theft and fraud are a continuing problem in our society,” said Inspector in Charge McKeown. “The U.S. Postal Inspection Service aggressively investigates these types of crimes when they involve the U.S. Mail.  This case serves as another example of the significant positive results from collaborating with our law enforcement partners to achieve justice."

            “This sentencing of Mr. Brown is reflective of the commitment by the Treasury’s Office of Inspector General and its law enforcement partners to pursue criminal charges against individuals and groups that prey on the public by stealing identities and fraud committed against the U.S. taxpayer and Treasury Department in their criminal schemes,” said Assistant Inspector General Phillips.

            According to the government’s evidence, Brown and others 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.  Brown and his co-conspirators fraudulently claimed refunds for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners.  Returns were also filed in the names of, and refunds were issued to, willing participants in the scheme.  The returns filed listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia.

            The participants played various roles in the scheme: stealing identifying information; allowing their personal identifying information to be used; creating and mailing fraudulent federal tax returns; allowing their addresses to be used for receipt of the refund checks; cashing the refund checks; providing bank accounts into which the refund checks were deposited; and forging endorsements of identity theft victims on the refund checks.  The false returns typically reported inflated or fictitious income from a sole proprietorship and claimed phony dependents to generate an Earned Income Tax Credit, a refundable federal income tax credit for working families with low to moderate incomes.

            According to the government’s evidence, Brown was a key organizer and leader of the scheme and recruited others to join in the illegal activities.  Brown, who owns Classic Kutz, a barbershop in the 3200 block of 22nd Street SE in Washington, D.C., sometimes listed that establishment as the business name on the fraudulent returns.  Among other things, he prepared and mailed fraudulent returns, and endorsed and deposited fraudulently obtained refund checks.

            Brown pleaded guilty on Feb. 15, 2013, to conspiracy to defraud the government with respect to claims, making false, fictitious or fraudulent claims for a tax refund, and fraud and related activity in connection with identification information (identity theft).  In addition to the term of prison imposed, U.S. District Judge Ellen S. Huvelle for the District of Columbia ordered Brown to serve three years of supervised release and to pay $4,543,659 in restitution to the IRS.

            Principal Deputy Assistant Attorney General Ciraolo, U.S. Attorney Phillips, Acting Special Agent in Charge Holloman, Inspector in Charge McKeown, and Assistant Inspector General Phillips commended special agents who conducted the investigation and acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein 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, Thomas F. Koelbl, and Jessica Moran of the Tax Division, who prosecuted the case.

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

Irfan Demirtas, 58, a dual Dutch-Turkish citizen, was sentenced today to 88 months in prison after earlier pleading guilty to providing material support to the Islamic Movement of Uzbekistan (IMU), a designated foreign terrorist organization.

The sentencing was announced by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Channing D. Phillips of the District of Columbia and Assistant Director in Charge Paul M. Abbate of the FBI’s Washington Field Office.

Demirtas pleaded guilty on Sept. 15, in the U.S. District Court for the District of Columbia. The plea agreement called for Demirtas to be removed from the U.S. upon completion of his prison term. The defendant was sentenced by the Honorable Randolph D. Moss. The sentence accounts for 62 months’ credit for time served in France.

On Dec. 8, 2011, Demirtas was charged in a sealed four-count indictment for conduct occurring from at least January 2006 through May 2008, when Demirtas was a resident of the Netherlands and acted as an IMU fundraiser and facilitator. In January 2015, Demirtas was arrested in Germany based on an Interpol red notice that had been issued on these charges. He was detained and then extradited to the U.S. on July 17, 2015. 

According to the government’s evidence, the IMU is a militant Islamic group which was formed in 1991 with the stated purpose to overthrow the government of Uzbekistan and to create an Islamic state under Sharia law. The IMU has conducted military operations in Uzbekistan and Pakistan and participated in combat operations against coalition forces in Afghanistan. The IMU was designated by the U.S. Department of State as a Foreign Terrorist Organization on Sept. 25, 2001.

Between January 2006 and May 2008, according to the government’s evidence, Demirtas acted on the IMU’s behalf in Pakistan, Afghanistan, Turkey, Jordan, the Netherlands, France and elsewhere outside the U.S. During this period, he provided, attempted to provide and conspired to provide personnel and funding to the IMU, knowing that it is a designated terrorist organization that has engaged and engages in terrorism. Specifically, Demirtas admitted in his plea to providing funds to the leader of the IMU.

The case was investigated by the FBI’s Washington Field Office and is being prosecuted by Assistant U.S. Attorneys Michael C. DiLorenzo and Ari B. Redbord of the District of Columbia, and Trial Attorney Brian K. Morgan of the National Security Division’s Counterterrorism Section. Assistance was provided by the Department of Justice’s Office of International Affairs.

WASHINGTON – Irfan Demirtas, 58, a dual Dutch-Turkish citizen, was sentenced today to 88 months in prison after earlier pleading guilty to providing material support to the Islamic Movement of Uzbekistan (IMU), a designated foreign terrorist organization.

            The sentencing was announced by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Channing D. Phillips of the District of Columbia and Assistant Director in Charge Paul M. Abbate of the FBI’s Washington Field Office.

            Demirtas pleaded guilty on Sept. 15, 2016, in the U.S. District Court for the District of Columbia. The plea agreement called for Demirtas to be removed from the U.S. upon completion of his prison term. The defendant was sentenced by the Honorable Randolph D. Moss. The sentence accounts for 62 months’ credit for time served in France.

            On Dec. 8, 2011, Demirtas was charged in a sealed four-count indictment for conduct occurring from at least Jan. 2006 through May 2008, when Demirtas was a resident of the Netherlands and acted as an IMU fundraiser and facilitator.  In Jan. 2015, Demirtas was arrested in Germany based on an Interpol red notice that had been issued on these charges.  He was detained and then extradited to the United States on July 17, 2015. 

            According to the government’s evidence, the IMU is a militant Islamic group which was formed in 1991 with the stated purpose to overthrow the government of Uzbekistan and to create an Islamic state under Sharia law.  The IMU has conducted military operations in Uzbekistan and Pakistan and participated in combat operations against coalition forces in Afghanistan.  The IMU was designated by the U.S. Department of State as a Foreign Terrorist Organization on Sept. 25, 2001.

            Between January 2006 and May 2008, according to the government’s evidence, Demirtas acted on the IMU’s behalf in Pakistan, Afghanistan, Turkey, Jordan, the Netherlands, France and elsewhere outside the United States.  During this period, he provided, attempted to provide and conspired to provide personnel and funding to the IMU, knowing that it is a designated terrorist organization that has engaged and engages in terrorism. Specifically, Demirtas admitted in his plea to providing funds to the leader of the IMU.

            The case was investigated by the FBI’s Washington Field Office and is being prosecuted by Assistant U.S. Attorneys Michael C. DiLorenzo and Ari B. Redbord of the District of Columbia and Trial Attorney Brian K. Morgan of the National Security Division’s Counterterrorism Section.  Assistance was provided by the Department of Justice’s Office of International Affairs.

WASHINGTON - Robert Kelsey, 29, of Washington, D.C., was sentenced today to 50 years in prison for sexually abusing an 11-year-old girl he met through Instagram when he was 26 years old, U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD), announced.

            Kelsey was found guilty by a jury on Aug. 29, 2016, following a trial in the U.S. District Court for the District of Columbia, of transportation of a minor with intent to engage in criminal sexual activity, aggravated sexual abuse of a child, and first-degree child sexual abuse with aggravating circumstances. He was sentenced by the Honorable Reggie B. Walton. Following his prison term, Kelsey will be placed on supervised release for the rest of his life. Also, Kelsey, a convicted felon, will be required to register as a sex offender for the rest of his life.

            According to the government’s evidence, Kelsey met the girl during the summer of 2014 on Instagram, concealing his true identity, posing as a 19-year-old and using a fictitious name.  He suggested that they begin communicating by text via Kik Messenger.  He flirted with her and told her that he wanted to have sex with her.  On July 25, 2014, Kelsey arranged to pick up the girl from her summer camp, which was held at an elementary school in Bowie, Md.  He told the camp staff that he was the child’s cousin so that he could take her from camp early that day.

            Kelsey drove the victim to his house in Washington, D.C., where he sexually abused her, and then returned her to the vicinity of the camp. By that time, the victim’s father, who was at the camp to pick up his daughter, learned that she had been taken from the camp by a man, and the father summoned police.  The victim disclosed what happened and Prince George’s County, Md. Police began an investigation.  The case was referred to the Metropolitan Police Department, and an investigation by MPD and the FBI’s Child Exploitation Task Force led to Kelsey’s arrest.  DNA analysis of evidence obtained from a medical examination of the victim also linked Kelsey to the crime.

            This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD.  In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims.  For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

            In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Interim Chief Newsham commended the work of those who investigated the case from the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD’s Youth Investigations Division.  They also expressed appreciation for the assistance provided by the Prince George’s County, Md. Police Department.  They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Elizabeth Trosman, Chief of the Appellate Division; Assistant U.S. Attorney Sharon Donovan; Victim/Witness Advocate Lezlie Richardson; Paralegal Specialists Joyce Arthur, Troy Griffith, and Tiffany Jones; Litigation Technology Specialists Aneela Bhatia and Anisha Bhatia, and Intern Wendy Acquazzino. Finally, they commended the work of Assistant U.S. Attorneys Andrea L. Hertzfeld and Kenya Davis, who prosecuted the case.

WASHINGTON – Joseph Jennings, Jr., 36, of Washington, D.C., was sentenced today to 24 years in prison 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 October 2016, in the Superior Court of the District of Columbia, to a charge of second-degree murder while armed. He was sentenced by the Honorable Michael Ryan. Following his prison term, he will be placed on five years of supervised release.

 

            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 sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate James Brennan and Supervisory Paralegal Specialist Sharon Newman. Finally, he expressed appreciation for the work of Assistant U.S. Attorney David Misler, who investigated and prosecuted the matter.

WASHINGTON – The U. S. Department of Justice announced today that the United States has filed a civil complaint seeking the forfeiture of multiple antiquities associated with the Islamic State of Iraq and the Levant (ISIL), also known as Da’esh. The complaint alleges that ISIL, which is designated by the U.S. Department of State as a Foreign Terrorist Organization, markets and sells antiquities to finance its terror operations.

            The lawsuit marks the first time that the United States has filed an action to forfeit antiquities that are foreign assets of ISIL.

            The action, which was filed in the U.S. District Court for the District of Columbia, specifically seeks the forfeiture of four archaeological items that were depicted in photographs found during a raid of a residence of Abu Sayyaf, a senior leader within ISIL, near Deir Ezzor, Syria, in May 2015. The items include a gold ring, two gold coins, and a carved stone. They date to ancient times and are believed to be worth hundreds of thousands of dollars.  The FBI is pursuing recovery of these items.

            The lawsuit was filed by the U.S. Attorney’s Office for the District of Columbia following an investigation into items seized in the raid. During the operation, Abu Sayyaf was killed when he engaged with U.S. military forces.

            According to the civil complaint filed today, the United States recovered data from electronic media during the raid, including photographs of the four items at issue in the complaint. The complaint also makes public documents recovered from the raid that reveal significant information about the organizational structure of ISIL, and how ISIL created a sophisticated bureaucratic system for extracting wealth from sites containing materials that are important to the cultural heritage of the people of Syria and Iraq. For example, according to the lawsuit, excavation permits and receipts of collections written on ISIL letterhead (which are attached to the complaint) were passed among members of the Antiquities Department. Abu Sayyaf referred to himself in these documents as the President of the Ministry of Natural Resources Antiquities Department.  There are also discussions of depositing the proceeds of ISIL’s antiquities trafficking into ISIL’s treasury.

            According to analysis by antiquities experts, the documentary style, lighting, and focus of the photographs indicate that the photographed antiquities were prepared for marketing in order to sell the items internationally.  The subsequent investigation has revealed that ISIL sold antiquities in U.S. dollars, including of at least one of the antiquities in the complaint.

            Under United States law, all assets, foreign or domestic, of a terrorist or terrorist organization, and all assets, foreign or domestic, affording a source of influence over any such entity or organization, are subject to forfeiture.

**

            “This complaint demonstrates the United States government’s intent to diligently pursue actions that will limit the ability of ISIL and other terrorist organizations to generate revenue,” said Channing D. Phillips, U.S. Attorney for the District of Columbia. “This complaint also serves as a warning to those who traffic in precious antiquities and who seek to profiteer from ISIL’s exploitation of the cultural heritage of areas under its control.”

            “The documents unsealed today reveal that ISIL specifically directed its members to steal archaeological objects for purposes of selling them on the black market in order to use the proceeds to support this designated terrorist organization,” said Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office. “ISIL members extorted and threatened to arrest anyone outside of the terrorist organization who attempted to excavate, sell or transport antiquities from the territory under their control. It is essential for the FBI to recover these items so that we can stop the illegal flow of funds to support terrorist activity and repatriate these historical treasures.”

**

            Specifically, the complaint alleges that the following items are subject to forfeiture:

1) Gold ring with carved gemstone
This ring is believed to be from the Hellenistic/Roman period, dating approximately from 330 BC to 400 AD, and to have come from Deir Ezzor, Syria, which is near where the raid against Abu Sayyaf occurred. 

2) Gold coin featuring Antoninus Pius
This coin is believed to be Roman, dating to approximately 138-161 A.D., and is sourced to any large, urban Hellenistic or Roman city in Syria, including Apamea, Palmyra, Dura Europos, or Bosra. 

3) Gold coin featuring Emperor Hadrian Augustus Caesar
This coin is believed to be Roman, dating to approximately 125-128 AD, was probably minted in Rome, and is sourced to any large, urban Hellenistic or Roman city in Syria, including Apamea, Palmyra, Dura Europos, or Bosra. 

4) Carved Neo-Assyrian Stone
This is believed to be the upper portion of a round‐topped stone stela (upright stone slab bearing a relief design) carved with an image of a provincial official, most likely a eunuch, facing left, with his right forearm and hand raised. This item is believed to be from the archaeological site of Tell Ajaja in the Khabur region of northern Syria.

            Because civil forfeitures are suits against the property itself, the complaint names the four above antiquities as the defendants. The claims made in the complaint are only allegations and do not constitute a determination of liability.

            This case is being investigated by the FBI’s Washington Field Office, with support from the U.S. Department of State. Assistant U.S. Attorneys Arvind K. Lal, Zia M. Faruqui, Deborah Curtis, Brian P. Hudak, Christopher B. Brown, and Ari Redbord, with the assistance of Paralegal Specialist Toni Donato, all from the U.S. Attorney’s Office for the District of Columbia, are representing the government.

            The FBI reminds the public to come forward with any information they may have about stolen art or cultural heritage items. Tips can be submitted to tips.fbi.gov. Tipsters may remain anonymous.

            Art and cultural item buyers are recommended to review the FBI’s National Stolen Art File prior to a purchase to avoid civil forfeiture of stolen items.

            In addition, the U.S. Department of State's Rewards for Justice program is offering rewards for information that will disrupt the trade of trafficking of antiquities that benefit ISIL. The Secretary of State has authorized a reward of up to $5 million for information leading to the significant disruption of the sale and/or trade of antiquities by, for, on behalf of, or to benefit ISIL.

Lim Yong Nam, aka Steven Lim, 42, a citizen of Singapore, pleaded guilty today to a federal charge stemming from his role in a conspiracy that allegedly caused thousands of radio frequency modules to be illegally exported from the U.S. to Iran. At least 16 of the components were later found in unexploded improvised explosive devices (IEDs) in Iraq. 

The guilty plea was announced by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Channing D. Phillips of the District of Columbia, Director Sarah Saldaña of U.S. Immigration and Customs Enforcement (ICE), Executive Assistant Director Michael Steinbach of the FBI’s National Security Branch and Under Secretary Eric L. Hirschhorn of the U.S. Department of Commerce.

Lim was extradited earlier this year from Indonesia, where he had been detained since October 2014 in connection with the U.S. request for extradition. He pleaded guilty to a charge of conspiracy to defraud the U.S. by dishonest means. The charge carries a statutory maximum of five years in prison and potential financial penalties. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes.  If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. Under federal sentencing guidelines, the parties have agreed that Lim faces a range of 46 to 57 months in prison and a fine of up to $100,000. Lim remains in custody pending his sentencing, which was scheduled for XX before the Honorable Emmet G. Sullivan.

Lim and others were indicted in the District of Columbia in June of 2010 on charges involving the shipment of radio frequency modules made by a Minnesota-based company. The modules have several commercial applications, including in wireless local area networks connecting printers and computers in office settings. These modules include encryption capabilities and have a range allowing them to transmit data wirelessly as far as 40 miles when configured with a high-gain antenna. These same modules also have potentially lethal applications. Notably, during 2008 and 2009, coalition forces in Iraq recovered numerous modules made by the Minnesota firm that had been utilized as part of the remote detonation system for IEDs. According to the plea documents filed today, between 2001 and 2007, IEDs were the major source of American combat casualties in Iraq.

In his guilty plea, Lim admitted that between August 2007 and February 2008, he and others caused 6,000 modules to be purchased and illegally exported from the Minnesota-based company through Singapore, and later to Iran, in five shipments, knowing that the export of U.S.-origin goods to Iran was a violation of U.S. law. In each transaction, Lim and others made misrepresentations and false statements to the Minnesota firm that Singapore was the final destination of the goods. At no point in the series of transactions did Lim or any of his co-conspirators inform the company that the modules were destined for Iran. Similarly, according to the statement of offense, Lim and others caused false documents to be filed with the U.S. government, in which they claimed that Singapore was the ultimate destination of the modules. Lim and his co-conspirators were directly aware of the restrictions on sending U.S.-origin goods to Iran.

Shortly after the modules arrived in Singapore, they were kept in storage at a freight forwarding company until being aggregated with other electronic components and shipped to Iran. There is no indication that Lim or any of his co-conspirators ever took physical possession of these modules before they reached Iran or that they were incorporated into another product before being re-exported to Iran.

According to the statement of offense, 14 of the 6,000 modules the defendants routed from Minnesota to Iran were later recovered in Iraq, where the modules were being used as part of IED remote detonation systems. 

This investigation was jointly conducted by ICE Homeland Security Investigations (HSI) Special Agents in Boston and Los Angeles; FBI agents in Minneapolis; and Department of Commerce, Bureau of Industry and Security agents in Chicago and Boston. Substantial assistance was provided by the U.S. Department of Defense, U.S. Customs and Border Protection, the State Department’s Directorate of Defense Trade Controls, the Treasury Department’s Office of Foreign Assets Control, and the Office of International Affairs in the Justice Department’s Criminal Division, the Justice Department Attaché in the Philippines and the FBI and HSI Attachés in Singapore and Jakarta.

U.S. law enforcement authorities thanked the governments of Singapore and Indonesia for the substantial assistance that was provided in the investigation of this matter.

The prosecution is being handled by Assistant U.S. Attorney Ari Redbord of the District of Columbia and Trial Attorney Julie Edelstein of the National Security Division’s Counterintelligence and Export Control Section.

WASHINGTON – Lim Yong Nam, aka Steven Lim, 42, a citizen of Singapore, pled guilty today to a federal charge stemming from his role in a conspiracy that allegedly caused thousands of radio frequency modules to be illegally exported from the United States to Iran, at least 16 of which were later found in unexploded improvised explosive devices (IEDs) in Iraq. 

            The guilty plea was announced by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Channing D. Phillips of the District of Columbia, Director Sarah Saldaña of U.S. Immigration and Customs Enforcement (ICE), Executive Assistant Director Michael Steinbach of the FBI’s National Security Branch, and Under Secretary of Commerce Eric L. Hirschhorn.

            Lim was extradited earlier this year from Indonesia, where he had been detained since October 2014 in connection with the U.S. request for extradition.  He pled guilty to a charge of conspiracy to defraud the United States by dishonest means. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, the parties have agreed that Lim faces a range of 46 to 57 months in prison and a fine of up to $100,000. Lim remains in custody pending his sentencing, which was scheduled for March 9, 2017, before the Honorable Emmet G. Sullivan.

            Lim and others were indicted in the District of Columbia in June of 2010 on charges involving the shipment of radio frequency modules made by a Minnesota-based company. The modules have several commercial applications, including in wireless local area networks connecting printers and computers in office settings.  These modules include encryption capabilities and have a range allowing them to transmit data wirelessly as far as 40 miles when configured with a high-gain antenna.  These same modules also have potentially lethal applications. Notably, during 2008 and 2009, coalition forces in Iraq recovered numerous modules made by the Minnesota firm that had been utilized as part of the remote detonation system for IEDs. According to the plea documents filed today, between 2001 and 2007, IEDs were the major source of American combat casualties in Iraq.

            In his guilty plea, Lim admitted that between August 2007 and February 2008, he and others caused 6,000 modules to be purchased and illegally exported from the Minnesota-based company through Singapore, and later to Iran, in five shipments, knowing that the export of U.S.-origin goods to Iran was a violation of U.S. law.  In each transaction, Lim and others made misrepresentations and false statements to the Minnesota firm that Singapore was the final destination of the goods; at no point in the series of transactions did Lim or any of his co-conspirators inform the company that the modules were destined for Iran.   Similarly, according to the statement of offense, Lim and others caused false documents to be filed with the U.S. government, in which they claimed that Singapore was the ultimate destination of the modules. Lim and his co-conspirators were directly aware of the restrictions on sending U.S.-origin goods to Iran.

            Shortly after the modules arrived in Singapore, they were kept in storage at a freight forwarding company until being aggregated with other electronic components and shipped to Iran. There is no indication that Lim or any of his co-conspirators ever took physical possession of these modules before they reached Iran or that they were incorporated into another product before being re-exported to Iran.

            According to the statement of offense, 14 of the 6,000 modules the defendants routed from Minnesota to Iran were later recovered in Iraq, where the modules were being used as part of IED remote detonation systems. 

            This investigation was jointly conducted by ICE Homeland Security Investigations (HSI) special agents in Boston and Los Angeles; FBI agents in Minneapolis, and Department of Commerce, Bureau of Industry and Security agents in Chicago and Boston.  Substantial assistance was provided by the U.S. Department of Defense, U.S. Customs and Border Protection, the State Department’s Directorate of Defense Trade Controls, the Treasury Department’s Office of Foreign Assets Control, and the Office of International Affairs in the Justice Department’s Criminal Division, particularly the Justice Department Attaché in the Philippines, as well as the FBI and HSI Attachés in Singapore and Jakarta.   

            U.S. law enforcement authorities thanked the governments of Singapore and Indonesia for the substantial assistance that was provided in the investigation of this matter.

            The prosecution is being handled by Assistant U.S. Attorney Ari Redbord of the District of Columbia and Trial Attorney Julie Edelstein of the National Security Division’s Counterintelligence and Export Control Section.

WASHINGTON - Tyarn Thompson, 37, of Washington, D.C., was sentenced today to six years in prison on charges stemming from a shooting last spring outside a Southeast Washington carry-out restaurant, U.S. Attorney Channing D. Phillips announced.

            Thompson pled guilty in September 2016, in the Superior Court of the District of Columbia, to one count of assault with intent to kill. The plea, which was contingent upon the Court’s approval, called for a prison term of four to six years. The Honorable Florence Pan accepted the plea today and sentenced Thompson accordingly. Following his prison term, Thompson will be placed on three years of supervised release.

            According to the government’s evidence, on May 12, 2016, at approximately 11:40 a.m., Thompson encountered the victim at a carry-out restaurant in the 2900 block of Naylor Road SE.  Thompson then confronted the victim regarding a fight they had earlier in the week over the victim’s girlfriend.  As the victim was leaving the restaurant, Thompson approached him, brandished a gun, and fired several shots at him as the victim tried to run away. The victim stumbled and fell and Thompson fired additional shots.  The victim’s sweatshirt was grazed by one of the bullets Thompson fired.  Thompson then fled the scene before officers arrived.

            Officers with the Metropolitan Police Department (MPD) identified Thompson as the shooter and an arrest warrant was issued on May 13, 2016.  Thompson has been in custody since his arrest on June 6, 2016. As part of his plea, Thompson admitted to shooting at the victim and placing a call the day beforehand informing a witness that he intended to kill the victim.

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Elsa Maltese and Lu Lan; Supervisor Security Specialist Michael Hailey; and Paralegal Specialist Tiffany Jones.  Finally, he acknowledged the efforts of Assistant U.S. Attorney Sumit Mallick, who investigated and prosecuted the case.

WASHINGTON – Tremaine McDowell, 34, of Washington, D.C., was sentenced today to a 33-month prison term on charges stemming from a home invasion that took place earlier this year in Northwest Washington, U.S. Attorney Channing D. Phillips announced.

            McDowell was found guilty by a jury in October 2016 of second-degree burglary and felony credit card fraud. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced today by the Honorable Zoe Bush. Upon completion of his prison term, he will be placed on one year of probation.

            According to the government’s evidence, at about 3:30 a.m. on March 13, 2016, the victim went to sleep in his apartment in the 800 block of Quincy Street NW. He left his door unlocked. The victim woke about 8 a.m. to find that two laptops were missing from his apartment and three debit cards had been taken from his wallet.

            The victim reported the burglary to the Metropolitan Police Department (MPD), and as police were investigating, he began receiving fraud alerts from his banks. As it turned out, his three debit cards were used nearby, between 8 and 9 a.m. at a 7-Eleven, a Safeway, and at the Georgia Avenue / Petworth Metro Station. Security footage from each location showed the same person, in a red jacket, making purchases using the victim’s debit cards. At Safeway, the man also used a Safeway Rewards card, in the name of Tremaine McDowell, along with the victim’s debit card.

            Several days later, a 7-Eleven employee notified detectives that he had seen the purchaser again, and when MPD detectives canvassed, they saw McDowell outside the Safeway. Detectives approached and spoke with him, ultimately putting him under arrest. McDowell was found to be in possession of a key fob that was used to access the victim’s apartment building on the night of the burglary, and key fob records specifically indicate that the fob was used to access the victim’s floor about two hours before the first debit card transaction took place.

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator Tommy Miller and Litigation Technology Specialist Ron Royal. Finally, he commended the work of Assistant U.S. Attorneys Sonali Patel and Michael Romano, who prosecuted the case.

WASHINGTON – Stacey Walters, 38, a former accountant at Howard University, was sentenced today to a year and a day in prison for a scheme in which she embezzled over $105,000 from her employer, U.S. Attorney Channing D. Phillips announced.

            Walters, of Indian Head, Md., pled guilty in September 2016, in the U.S. District Court for the District of Columbia, to a charge of wire fraud. She was sentenced by the Honorable James E. Boasberg. Upon completion of her prison term, she will be placed on three years of supervised release. She also was ordered to pay $57,586 in restitution.

            According to the government’s evidence, Walters was hired at Howard University in July 2010. Her responsibilities included preparing financial reports and performing general accounting and budget functions. She was terminated from the job in October 2011.

            From December 2010 through May of 2011, according to the government’s evidence, Walters submitted a total of 13 forms authorizing payment from her employer to various vendors. However, she fraudulently listed the banking information for her own account on one of the forms, causing $9,388 to be transferred to her own account. In addition, Walters listed banking information for another individual, Shantel Brown, on 12 other forms, causing $96,398 to be transferred to Brown’s account. At the direction of Walters, Brown transferred half of the funds she had fraudulently received from Howard University to Walters.

            Brown, 34, of Waldorf, Md., pled guilty on Feb. 22, 2016 to one count of conspiracy to commit wire fraud and one count of wire fraud. She was sentenced on Nov. 1, 2016, also by Judge Boasberg, to a year and a day of incarceration, to be followed by three years of supervised release. She also was ordered to pay restitution in the amount of $128,072. In her guilty plea, Brown admitted taking part in the fraud against Howard University. She also admitted to carrying out a separate scheme from November 2011 through March 2013 in which she stole $79,874 from her employer, Defenders of Wildlife; Brown worked for the non-profit organization as a payroll/compliance specialist at the time. 

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD), as well as Criminal Investigator Stephen Cohen of the U.S. Attorney’s Office. He also expressed appreciation for the assistance provided by Assistant U.S. Attorney Thomas Swanton, Criminal Investigator Juan Juarez, and Paralegal Specialists Jessica Mundi, Christopher Toms, and Aisha Keys, all of the U.S. Attorney’s Office.  Finally, he acknowledged the work of Assistant U.S. Attorney Teresa A. Howie, who prosecuted both cases.

Mansour Moghtaderi Zadeh, 56, an Iranian national, was sentenced today to 18 months in prison and one year of supervised release for taking part in a conspiracy involving the purchase and shipment of various products, including aviation parts and aviation supplies, from the U.S. to Iran without a license. Zadeh was also ordered to pay a forfeiture money judgment in the amount of $69,159.00.

The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Channing D. Phillips for 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 at the U.S. Department of Commerce in Boston. The sentence was ordered by Senior Judge Paul L. Friedman in the U.S. District Court for the District of Columbia.

Zadeh, who had been living in Iran, pled guilty on October 27, to one count of conspiracy to unlawfully export goods, technology and services to Iran without the required license, and to defraud the U.S. In court documents filed at the time of the plea, Zadeh acknowledged that beginning in October 2005, Iranian companies requested that Zadeh through his company, Barsan, procure products including a fiber optic video transmitter and receiver, and aviation course indicators that would otherwise require a license from the 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, for which 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, to purchase the items. Zadeh also 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 in any way in exporting commodities 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. The post-TDO conduct included more than $69,000 of exported goods.

In announcing the sentence, 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 for the District of Columbia, including Assistant U.S. Attorney George Varghese, now with the U.S. Attorney’s Office for the District of Massachusetts, and Paralegal Specialist Jorge Casillas.  Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Frederick W. Yette and Jeffrey Pearlman, who prosecuted the case, as well as Trial Attorney Thea Kendler, of the National Security Division’s Counterintelligence and Export Control Section.