District of Columbia

            WASHINGTON—Mansour Moghtaderi Zadeh, 56, an Iranian national, was sentenced today to 18 months in prison for taking part in a conspiracy involving the purchase and shipment of various products, including aviation parts and aviation supplies, from the United States to Iran without a license. 

            The sentencing, which took place in the U.S. District Court for the District of Columbia, was announced by Mary B. McCord, Acting Assistant Attorney General for National Security, Channing D. Phillips, U.S. Attorney for the District of Columbia, Special Agent in Charge Matthew J. Etre, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Boston, and Special Agent in Charge Michael Imbrogna, Bureau of Industry and Security, U.S. Department of Commerce, Boston.

            Zadeh, who had been living in Iran, pled guilty on Oct. 27, 2016, to one count of conspiracy to unlawfully export goods, technology, and services to Iran without the required license, and to defraud the United States. He was sentenced by Senior Judge Paul L. Friedman. Following completion of his prison term, Zadeh will be placed on a year of supervised release. He also was ordered to pay a forfeiture money judgment in the amount of $69,159.

            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 United States 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 United States to Iran, without the required license from OFAC.  Zadeh had arranged for his new corporation, Lavantia, to purchase the items, and used an alias in his communications.  In September 2007, the shipment was detained by the United States 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 United States.  Notwithstanding the TDO, Zadeh and other conspirators exported and attempted to export numerous materials from the United States, 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, 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.

WASHINGTON – Donald Thompson, 23, of Washington, D.C., pled guilty today to charges stemming from a carjacking that took place earlier this year in Northeast Washington, U.S. Attorney Channing D. Phillips announced.

            Thompson pled guilty in the Superior Court of the District of Columbia to charges of carjacking, armed robbery, and possession of a firearm during a crime of violence. The plea, which is contingent upon the Court’s approval, calls for a sentence of seven years in prison. The Honorable Zoe Bush scheduled sentencing for March 24, 2017.

            According to the government’s evidence, on March 26, 2016, at approximately 11 p.m., Thompson and an accomplice approached the victim in the area of 16th and Gales Streets NE. The victim was waiting for a friend just outside a 2016 Dodge Ram truck that he rented earlier that day.  The victim’s dirt bike was strapped into the back of truck. Thompson and his accomplice asked about the dirt bike and then walked away. 

            Moments later, however, Thompson and his accomplice returned to the scene. The accomplice pointed what appeared to be a dark-colored semiautomatic handgun at the victim, and Thompson snatched an iPhone from the victim’s hands.  Thompson then entered the Dodge Ram and drove away, making a right onto Gales Street.  The accomplice stayed with the victim, holding him at gunpoint and robbing him of approximately $1,000. 

            Minutes after the robbery and carjacking, Thompson and his accomplice met up in the 2000 block of D Street NE, where they attempted to remove the dirt bike from the Dodge Ram, leaving their fingerprints on the truck’s tailgate.   After attempting, unsuccessfully, to remove the dirt bike, Thompson and his accomplice abandoned the Dodge Ram and the dirt bike. 

            Thompson was arrested on July 12, 2016 after his fingerprints were found on the Dodge Ram. He has remained in custody ever since. 

            Thompson’s alleged accomplice, 24, is awaiting trial on multiple counts, including conspiracy, armed carjacking, and armed robbery. 

            In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the work of Assistant U.S. Attorney Richard Barker, who investigated and prosecuted the case.

WASHINGTON – Larry Russell Dawson, 67, of Antioch, Tenn., pled guilty today to a federal offense stemming from a confrontation with law enforcement while he was being screened on March 28, 2016, at the United States Capitol Visitor Center, announced U.S. Attorney Channing D. Phillips and Matthew R. Verderosa, Chief of the U.S. Capitol Police.

            Dawson pled guilty in the U.S. District Court for the District of Columbia to a federal charge of assaulting, resisting, or impeding officers while using a deadly or dangerous weapon.

            The charge carries a statutory maximum of 20 years in prison, and potential financial penalties. Under federal sentencing guidelines, the charge carries a likely range of eight to 14 months in prison and a fine of up to $40,000. The Honorable James E. Boasberg scheduled sentencing for February 24, 2017.

            Dawson has been in custody since his arrest on the day of the incident.

            According to plea documents, on Monday, March 28, 2016, at about 2:37 p.m., Dawson entered the north security screening facility at the visitor center. He placed several personal items in a bowl in preparation for going through a metal detector. He then walked through a metal detector, which indicated the presence of metal at his waist level. Dawson was instructed to pass back through the detector, and metal again was detected.

            A Capitol Police officer then ushered Dawson through the metal detector.  In response to the officer’s request, Dawson spread his arms. The officer then scanned Dawson with a hand-held metal detector, which indicated the presence of metal in the area of Dawson’s right waistband. Suddenly, Dawson reached into the area of his waist with his right hand, and removed what appeared to be a black handgun.  Dawson also raised his left hand between himself and the officer. The officer grabbed Dawson’s left upper arm.  As Dawson moved away from the officer and to Dawson’s right, the officer placed the hand-held metal detector on Dawson’s torso.  Dawson seized the hand-held metal detector from the officer and quickly moved further into the visitor center. While moving, he threw the hand-held metal detector onto the floor.

            A few moments later, Dawson turned around, held the gun in his right hand, and pointed it at the officer who had screened him. Other Capitol Police officers ordered Dawson to drop the weapon and put his hands in the air. Dawson ignored their verbal commands and advanced toward the officer who had screened him, continuing to point the weapon.  One of the other Capitol Police officers then shot Dawson. The entry doors into the screening facility as well as the doors leading into the Capitol Visitor Center were locked to contain the threat. Dawson was apprehended, searched, rendered first aid, and transported to a hospital.

            The Metropolitan Police Department (MPD) Mobile Crime units recovered Dawson’s gun, a Daisy spring-loaded BB gun. In color, shape, weight, and other outward appearances, the gun resembled a semi-automatic handgun. Under federal law, an imitation gun, when used in circumstances such as those described in the plea documents, qualifies as a dangerous weapon. 

            At today’s proceedings, Dawson also pled guilty to a second charge arising from another matter. On October 22, 2015, Dawson was arrested after allegedly having disrupted Congress. He was charged in that case in the Superior Court of the District of Columbia with assaulting, resisting or interfering with a police officer and disorderly and disruptive conduct on U.S. Capitol grounds. He was released in that case with a court order to return for a hearing on December 8, 2015. Dawson failed to appear for that hearing. He pled guilty today to failing to appear in court, a District of Columbia offense that is punishable by up to 180 days in jail and a potential fine. Judge Boasberg also will sentence him on this charge on February 24, 2017.

            In announcing the plea, U.S. Attorney Phillips and Chief Verderosa commended the work of those who investigated the case from the U.S. Capitol Police. They also expressed appreciation for the assistance provided by the Metropolitan Police Department. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Special Assistant U.S. Attorneys Jacqueline Barkett and Nathan Charles. Finally, they commended the work of Assistant U.S. Attorney David Mudd, who is prosecuting the case.

WASHINGTON - Tayshawn Sellers, 18, of Washington, D.C., was sentenced today to 12 years in prison for attacking a woman last spring at a Southeast Washington park, U.S. Attorney Channing D. Phillips announced.

            Sellers pled guilty in September 2016, in the Superior Court for the District of Columbia, to a charge of assault with intent to kill while armed. He was sentenced by the Honorable Michael Ryan. Upon completion of his prison term, Sellers will be placed on five years of supervised release.

          According to the government’s evidence, on the evening of April 21, 2016, Sellers and his 18-year-old cousin went with the victim to a wooded area behind the baseball field in Benning Park, in the 5100 block of Southern Ave SE. During their encounter with the victim, Sellers and his cousin started to kick, punch, and hit her all over her body. They left her lying naked from the waist down, badly injured, bleeding, and unable to move.

            Sellers later returned to the crime scene, where the victim was still lying motionless in the wooded area where he had left her. Sellers repeatedly smashed a glass bottle into the victim’s face as she lay on the ground. When she was found by law enforcement at about 7:30 the next morning, she was naked from the waist down, bleeding, on broken glass. She could not communicate with the officers. She had severe trauma to her head and face, including major swelling and multiple lacerations to her face. She suffered extensive injuries from the defendant’s actions and remains disabled. Sellers was arrested April 22, 2016 and has remained in custody ever since.

            In announcing the sentence, U.S. Attorney Phillips commended the work of the detectives of the Metropolitan Police Department’s Sexual Assault Unit. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson, Paralegal Specialists Tierra Nanches and Angelina Slagle, and Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation.  Finally, he acknowledged the efforts of Assistant U.S. Attorneys Julianne Johnston, Kenya Davis, and Anwar Graves, who prosecuted the case.

WASHINGTON – Blair Wynkoop, 58, the former executive director of a non-profit organization, pled guilty today to a charge stemming from the theft of at least $250,000 from the charity, announced U.S. Attorney Channing D. Phillips and Norbert E. Vint, Deputy Inspector General for the U.S. Office of Personnel Management (OPM).

            Wynkoop, of Portland, Oregon, pled guilty in the U.S. District Court for the District of Columbia to a charge of interstate transportation of stolen property. The Honorable Reggie B. Walton scheduled sentencing for March 17, 2017. Under federal sentencing guidelines, Wynkoop faces a likely range of 24 to 46 months in prison and potential financial penalties. He has agreed to pay $425,249 in restitution to a number of charitable organizations and must pay a forfeiture money judgment.

             According to a statement of offense, signed by the defendant as well as the government, Wynkoop became executive director of the charity, identified in court documents as “Company A,” in 2008. The non-profit sought to address the needs of people with HIV or AIDS. It operated as a consortium of independent charities and received charitable donations itself and functioned as a pass-through for donations to its member charities.

            At the outset of his tenure as executive director, Wynkoop caused “Company A” to make many of the required distributions of contributions to the member charities. However, from 2010 through 2012, he did not distribute all of the money and used funds for his own benefit.

            While he was executive director, Wynkoop wrote checks and made wire transfers from the bank accounts of “Company A” to himself. For some, but not all, of these payments, he provided the non-profit’s part-time bookkeeper with justifications for expenses; many of these justifications were fabricated and designed to conceal the fraud. In the course of the scheme, Wynkoop defrauded the non-profit of more than $250,000.

            In announcing the plea, U.S. Attorney Phillips and Deputy Inspector General Vint expressed appreciation for the work of Special Agent Christopher Sulhoff and others who assisted with investigating the case from the OPM Inspector General’s Office. They also commended the efforts of those who handled the case for the U.S. Attorney’s Office, including former Document Management Analyst John Lowell and Assistant U.S. Attorney Thomas Swanton, who is handling forfeiture issues. Finally, they acknowledged the work of Peter C. Lallas, who is prosecuting the case.

WASHINGTON -- Daniel Scott, 36, of Washington, D.C. pled guilty today to a charge stemming from an incident in November 2015 in which he stabbed another man in the face, causing the victim’s death, U.S. Attorney Channing D. Phillips announced.

            Scott pled guilty in the Superior Court of the District of Columbia to second-degree murder while armed.  The plea, which is contingent upon the Court’s approval, calls for a prison sentence of 15 years.  The Honorable Michael Ryan scheduled sentencing for Feb. 24, 2017.

            According to the government’s evidence, during the early evening hours of Nov. 21, 2015, Scott became involved in an argument with a female panhandler over money she had received from a patron while standing outside of the 7-Eleven store in the 1100 block of South Capitol Street SW.  At some point during this dispute, Scott obtained a knife and began swinging it at the female panhandler, who was also with a male companion.  Shortly thereafter, the pair left the 7-Eleven property and began traveling towards M Street SE. 

            Unbeknownst to them, Scott followed the pair as they left the 7-Eleven and crossed the street.  Scott then confronted them and lunged at the male, James Michael Neal, stabbing him once in the face with a butcher’s knife.  Scott then threw the knife to the ground and fled the area.  After a look-out was given, Scott was apprehended a short distance away at a nearby McDonald’s restaurant.  Mr. Neal, 54, was transported to a local hospital to receive further medical treatment for the stab wound to the face, which was determined to have penetrated his nasal cavity, causing hemorrhaging throughout his brain and skull.  Over the course of the night, his condition progressively deteriorated and on Nov. 22, 2015, he died from the injuries.

            Scott has been in custody since his arrest.

            In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department.  He also expressed appreciation for the efforts of Assistant U.S. Attorney Charles J. Willoughby, Jr., who investigated and prosecuted the matter.

WASHINGTON - Warren Bibbs, 34, of Washington, D.C., was sentenced today to a prison term of 90 months on charges involving the shooting of an off-duty security guard in Northwest Washington, announced U.S. Attorney Channing D. Phillips.

Bibbs pled guilty in September 2016, in the Superior Court of the District of Columbia, to one count of aggravated assault while armed and one count of threats.  He was sentenced by the Honorable Chief Judge Robert E. Morin.  After his prison term, he will be placed on five years of supervised release.

According to the government’s evidence, on May 2, 2016, at approximately 8:20 p.m., Bibbs went to the Columbia Heights apartment building where his girlfriend was staying with family members.  Bibbs and his girlfriend had been arguing since the prior evening. While outside of the building, Bibbs threatened to come in and blow up the building. 

As Bibbs was pacing up and down the sidewalk on 14th Street NW, he encountered an off-duty security guard who was on break.  Bibbs pulled out a .38-caliber special revolver and shot the off-duty security guard at close range in his right shoulder.  Bibbs was under the influence of K2 at the time of the offense.  A lookout for the shooter was broadcast and Bibbs was located by police within hours with the loaded revolver on his person.

            In announcing the sentence, U.S. Attorney Phillips commended the work performed by those who investigated the case from the Metropolitan Police Department.  He also acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist Donville Drummond and Victim/Witness Advocate Jennifer Clark. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Laura Crane, who investigated and prosecuted the matter.

WASHINGTON – Gregory Green, 28, of Washington, D.C., was sentenced today to a prison term of 42 ½-years on charges stemming from the 2014 slaying of a man in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Green was found guilty by a jury in October 2016, following a trial in the Superior Court of the District of Columbia, of charges of first-degree felony murder while armed and robbery while armed. He was sentenced by the Honorable Milton C. Lee. Following completion of his prison term, Green is to be placed on five years of supervised release.

            According to the government’s evidence, on March 29, 2014, shortly after midnight, the victim, Derrick Williams, returned from work to his home.  After talking to his girlfriend for a few minutes, he left to go to buy something to drink.  A short time later, a witness reported hearing gunshots in the area of the 1200 block of Eaton Place SE. The witness saw Green and another man standing over Mr. Williams, who was on the ground.  Mr. Williams, 35, died almost instantly from one gunshot wound to the head.  Green, wearing all black, went into Mr. Williams’s front pockets and then flipped the victim over before going into his back pockets. Green was arrested on April 2, 2014. No one else was arrested in the case.

            In announcing the 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 FBI’s Cellular Analysis Survey Team. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Lashone Samuels, Zekiah Wright, and Benjamin Kagan-Guthrie; Paralegal Supervisor Sharon Newman; Victim/Witness Advocate Marcia Rinker; Victim/Witness Services Coordinator Tonya Jones; Supervisory Victim/Witness Services Coordinator David Foster; Victim/Witness Program Specialist Wanda Queen; Supervisory Victim/Witness Program Specialist Michael Hailey; Information Technology Specialist Leif Hickling; Criminal Investigator Mark Crawford; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Assistant U.S. Attorneys Chrisellen Kolb, John Mannarino and Stephen Rickard, and Intern James Haynes. Finally, they commended the work of Assistant U.S. Attorneys Adrienne Dedjinou and Charles Willoughby, Jr., who prosecuted the case.

WASHINGTON – Raymond Carter, 73 of Rancho Cordova, Calif., was sentenced today to 80 months in prison on a charge of traveling interstate to engage in illicit sexual conduct with a minor, announced 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).

            Carter pled guilty in September 2016, in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Tanya S. Chutkan. Upon completion of his prison term, Carter will be placed on 10 years of supervised release. He also will be required to register as a sex offender for 25 years upon his release from prison.

            According to the government's evidence, on May 6, 2016, Carter began communicating with an undercover officer with the FBI's Child Exploitation Task Force who purported to have access to a juvenile. Carter then began a series of text message conversations with the undercover officer in which he indicated that he would be traveling to Washington, D.C.  As their conversations continued, he arranged to meet on May 10, 2016. When he arrived at a pre-arranged meeting place in Washington, D.C., he was arrested. He has been in custody ever since.

            During his conversations with the undercover officer, according to the government’s evidence, Carter made reference to a previous arrest that led to his conviction in another federal child exploitation case. In that case, which was filed in the Eastern District of California, Carter was sentenced in 2005 to a three-year prison term and ordered to register as a sex offender.

            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 praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Andrea L. Hertzfeld, who is prosecuting the case.

WASHINGTON - Marlon Haight, 37, of Washington, D.C., was sentenced today to 12 years and eight months in prison on drug trafficking and gun possession charges relating to the maintenance of a drug house in Northeast Washington, announced U.S. Attorney Channing D. Phillips, Michael Boxler, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Following a jury trial in July 2016 in the U.S. District Court for the District of Columbia, Haight was found guilty of conspiracy to distribute narcotics, possession with intent to distribute cocaine, cocaine base in excess of 28 grams, and marijuana, unlawful possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking offense. He was sentenced by the Honorable James E. Boasberg. Upon completion of his prison term, Haight will be placed on three years of supervised release.

            According to the government’s evidence, in November 2014, Haight, along with his co-conspirators, controlled an apartment in the Lincoln Heights area of Northeast Washington. At the residence, Haight would process, package, and sell cocaine, crack, and marijuana. During a Nov. 20, 2014, search warrant, law enforcement recovered distribution quantities of narcotics from the residence, with a loaded firearm and a safe in which packaged narcotics, additional ammunition, and cash were stored.  At the time of his arrest, Haight was on supervision for a prior assault with a dangerous weapon conviction.

            In announcing the sentence, U.S. Attorney Phillips, Special Agent in Charge Boxler, and Interim Chief Newsham commended the work of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives as well as the Special Investigations Unit of the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Candace Battle, Mary Downing, and Teesha Tobias; former Paralegal Specialist Sentamu Kiremerwa; Legal Assistants Peter Gaboton, Brendan Coyne, Diane Brashears, and Latoya Wade; Victim/Witness Security Specialists Michael Hailey and Wanda Queen, Victim/Witness Coordinators Tonya Jones and David Foster; Information Technology Specialist Kimberly Smith; Budget Analyst Donna Proctor, and Administrative Services Specialist, Sallie Rynas. Finally, they commended the efforts of Assistant U.S. Attorneys Nihar Mohanty and Christopher Macchiaroli, who prosecuted the case.

WASHINGTON - Robert Williams, 23, of Washington, D.C., has been sentenced to a 19-year prison term on charges stemming from a series of robberies and home invasions that he carried out in Northeast Washington, U.S. Attorney Channing D. Phillips announced today.

            Williams was sentenced on Nov. 30, 2016, in the Superior Court of the District of Columbia, by the Honorable Zoe Bush. Upon completion of his prison term, he will be placed on 13 years of supervised release.

            According to the government’s evidence, on Dec. 19, 2014, at approximately 5:45 p.m., Williams and a second individual carried out a home invasion in the 1500 block of Oates Street NE. The victim, a 70-year-old man, was home alone at the time. During the ordeal, the victim was gagged, bound and placed in a closet.  Williams and his accomplice took over $700, the victim’s car, and two flat-screen televisions.  Williams pled guilty in October 2016 to a charge of second-degree burglary in this incident. No one else has been charged in this case.

        The second incident took place on April 28, 2015, at approximately 12:50 p.m. According to the government’s evidence, Williams entered an apartment in the 1700 block of Benning Road NE as the two victims were in the process of moving out. Masked, he approached the first victim and, when he learned that she did not have any money, struck her in the face with his handgun, causing a significant wound to her forehead.  He then robbed the second victim of approximately $150. Surveillance video captured Williams entering and running out of the apartment building. When apprehended hours later, Williams was wearing the same clothing that he wore when he committed the crime and on video. Williams was found guilty by a jury in July 2016 of armed robbery, first-degree burglary, assault with intent to rob, and various firearms offenses for the crimes committed that day.

          The third incident occurred on Nov. 25, 2015, at approximately 9 a.m. Williams robbed a restaurant manager at gunpoint outside the establishment in the 1500 block of Maryland Avenue NE. He took about $200 in cash and the victim’s cellphone. Williams pled guilty in October 2016 to a charge of armed robbery for this attack.

          In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the work of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Damien Diggs, who secured the indictment, and Litigation Technology Assistant Aneela Bhatia. Finally, he commended the efforts of Assistant U.S. Attorney Kamil E. Shields, who prosecuted the case at trial and obtained the guilty pleas.

WASHINGTON – Enrique Carbajal, 25, of Wheaton, Md., was sentenced today to 90 months in prison on a charge of first-degree sexual abuse of a child for sexually abusing a 12-year-old girl this year in Northwest Washington, U.S. Attorney Channing D. Phillips announced.

            Carbajal pled guilty in September 2016, in the Superior Court of the District of Columbia, before the Honorable José M. Lopez.  The plea, which was subject to the Court’s approval, called for a prison sentence of 90 months. Judge Lopez accepted the plea today and sentenced the defendant accordingly. Following his prison term, Carbajal will be placed on five years of supervised release. He also must register as a sex offender for ten years after his prison term and pay $1,000 in restitution.

            According to the government’s evidence, on March 26, 2016, Carbajal contacted the victim’s mother to ask whether he could come to her house in Northwest Washington to have lunch with the child.  When the mother told him that the child was not likely to be home, he went there regardless. At about noon that day, the child opened the door and allowed Carbajal to come inside.  He then sexually assaulted the child inside of her parent’s bedroom.  At the conclusion of the assault, Carbajal took the victim to his apartment in Wheaton.

            Once inside the apartment, Carbajal approached his roommate with the victim and described her as “a piece of new meat.”  According to the government’s evidence, the roommate then took the victim into a bedroom and sexually assaulted the child.  Then, both Carbajal and the roommate took the child to a party in Alexandria, Va., where the roommate once again sexually assaulted the child inside a bedroom.

            Both Carbajal and the roommate were arrested in Montgomery County, Md., on June 3, 2016, and have been held in jail during the pendency of their cases.  The roommate pled guilty to one count of second-degree rape in the Circuit Court for Montgomery County on Aug. 17, 2016.  He will be sentenced on Dec. 7, 2016, before the Honorable Mary McCormick.

            In announcing the sentence, U.S. Attorney Phillips commended the work performed by those who investigated the case from the FBI's Child Exploitation Task Force, the Metropolitan Police Department’s Youth Division, the Special Victims Investigation Division of the Montgomery County, Md.  Department of Police, the Montgomery County State’s Attorney’s Office in Maryland, and the Office of the Commonwealth Attorney in Alexandria, Va.  He also acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Tiffany Jones and Lashaune Briggs, Victim/Witness Advocate Yvonne Bryant, Witness Security Specialist Michael Hailey, and Computer Forensic Examiner John Marsh.  Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Lindsay Suttenberg and Danny Nguyen, who investigated and prosecuted the matter.

WASHINGTON – Tinita Joyner, 52, of Rockville, Md., pled guilty today to embezzling nearly $290,000 from three companies where she had access to financial accounts while working as an office manager or as an executive assistant, announced U.S. Attorney Channing D. Phillips and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office.

            Joyner pled guilty in the U.S. District Court for the District of Columbia to wire fraud, an offense that is punishable by a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, she faces a likely range of 33 to 41 months in prison and a fine of up to $50,000. The plea agreement calls for her to pay a total of $289,640 in restitution. The Honorable James E. Boasberg scheduled sentencing for Feb. 7, 2017.

            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 plea, 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 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 Teresa A. Howie, who investigated and prosecuted the matter.

WASHINGTON – Jamah Harris, 25, of Washington, D.C., was sentenced today to a 10-year prison term on charges involving a pair of armed robberies that he committed the same night in Northeast Washington, announced U.S. Attorney Channing D. Phillips.

            Harris was found guilty in August 2016 by a jury in the Superior Court of the District of Columbia of two counts of armed robbery and two counts of possession of a firearm during a crime of violence. He was sentenced by the Honorable Zoe Bush. After his prison term, he will be placed on five years of supervised release.

            According to the government’s evidence, the robberies took place on Aug. 25, 2014. In the first incident, at approximately 8:10 p.m., the victim, a retired electrician who has lived his entire life in Washington D.C., was robbed at gunpoint outside his home on Bladensburg Road NE. Harris and an accomplice approached the man and demanded he empty his pockets.  Scared for his life, he gave up his wallet and cash.

            The second robbery took place less than 10 minutes later. This victim, a mechanic who runs a car repair shop, was robbed at gunpoint outside his business on Evarts Road NE.  The victim reported that a 1997/1998 Mercedes Benz E32 had pulled up just past his shop.  Harris and his accomplice got out of the Mercedes, pointed what appeared to be a shotgun and a small handgun at the victim’s face, and demanded his money.  The victim gave Harris his money.

            After Harris and his accomplice returned to their Mercedes, one of them dropped a wallet just before driving away.  That wallet was later identified as the first victim’s wallet. Additionally, the entire second incident was captured on surveillance video, and evidence showed that the defendant’s 1997 Mercedes E32 was in the area of the robberies.

            After the defendant was identified as the perpetrator, Metropolitan Police Department (MOD) detectives located Harris on Sept. 16, 2014, and attempted to stop him. Harris fled in his Mercedes and officers chased him to the Bladensburg, Md., Waterfront, where Prince George’s County, Md, police officers apprehended him after he jumped into the Anacostia River. A weapon similar to the description provided by the two victims was recovered from Harris’s house during the execution of a search warrant. Harris’s accomplice has not been apprehended.

            In announcing the sentence, U.S. Attorney Phillips praised the work of those who investigated the case from the Metropolitan Police Department and the Prince George’s County Police Department. He also commended the work of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Jennifer Kerkhoff, Kimberley Nielsen, Jeffrey Nestler, and Stephen Rickard; Elizabeth Trosman, Chief of the Appellate Division; Paralegal Specialists Zoe Antwi and Tiffany Fogle, and Litigation Technology Specialist Kimberly Smith.  Finally, he commended the work of Assistant U.S. Attorneys Richard Barker and J. Matt Williams, who prosecuted the case, and Nebiyu Feleke, who indicted the case.

WASHINGTON – Azeik Keys, 39, of Washington, D.C., pled guilty today to a federal narcotics offense stemming from a law enforcement search that uncovered drugs in a safe kept in his residence, announced U.S. Attorney Channing D. Phillips and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.

            Keys pled guilty in the U.S. District Court for the District of Columbia to a charge of possession with intent to distribute cocaine. The charge carries a statutory maximum of 20 years in prison. Under federal sentencing guidelines, Keys faces a likely range of 46 to 57 months in prison. The plea agreement calls for him to pay a forfeiture money judgment in the amount of $1,370. The Honorable Emmet G. Sullivan scheduled sentencing for March 1, 2017.

            The federal case is related to another matter in which Keys was found guilty of failing to register as a sex offender and felony threats, following a trial in the Superior Court of the District of Columbia. Keys was sentenced in September 2016 to a six-year prison term on those charges.

            Keys was convicted in 2004 in the Superior Court of the District of Columbia of first-degree sex abuse, sentenced to a six-year prison term, and ordered to register as a sex offender. He was required to register quarterly for the rest of his life.  In 2013, he was convicted in the District of Columbia of failing to register as a sex offender. He registered the following year, using his parents’ address in Northeast Washington. Despite moving from that residence, he continued to register that address between November 2014 and April 2015 as his own.

            The U.S. Marshals Service began an investigation in January 2015, and Keys’s true residence was ultimately located in an apartment building in Southeast Washington. He was apprehended on April 17, 2015, in a bedroom of that residence. Inside the bedroom, Deputy U.S. Marshals observed in plain view a small amount of marijuana and packaging materials. They subsequently obtained a warrant to search the bedroom and a safe located on the dresser. They found a loaded handgun, cocaine, and approximately $1,370 inside the safe, and an additional loaded handgun inside of the bedroom.

            In announcing the plea, U.S. Attorney Phillips and Marshal Hughes commended the work of those who investigated the case from the U.S. Marshals Service, particularly Deputy Marshals William Straw, Justin Bankert, and Jesse Miller.  They expressed appreciation for the assistance provided by the U.S. Drug Enforcement Administration (DEA) and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Catherine O’Neal and Legal Assistant Peter Gaboton. Finally, they commended the work of Assistant U.S. Attorney Jamila Hodge, who is prosecuting the federal case.

WASHINGTON – Juwaun Evans, 21, of Washington, D.C., was sentenced today to eight years in prison on charges involving a home invasion and sexual assault at an apartment building in Northwest Washington, U.S. Attorney Channing D. Phillips announced.

     Evans pled guilty in September 2016, in the Superior Court of the District of Columbia, to one count each of attempted first-degree sexual abuse and first-degree burglary. The plea, which was contingent upon the Court’s approval, called for a prison term of eight years. The Honorable Michael Ryan accepted the plea today and sentenced Evans accordingly. Upon completion of his prison term, Evans will be placed on 10 years of supervised release. Evans also must register as a sex offender for the rest of his life.

     During the plea proceedings, Evans admitted that on the afternoon of Aug. 17, 2014, he encountered the victim near her apartment building in the 3900 block of Georgia Avenue NW.  Evans, whom the victim did not know and had never met, followed her into the building and to her floor.  There, he forced his way into her apartment against her will, overcoming her as she attempted to stop him from entering.  Evans admitted that he threatened the victim, sexually assaulted her, and then fled the apartment. 

     Officers with the Metropolitan Police Department (MPD) identified Evans as the suspect and an arrest warrant was issued on Feb. 23, 2016. As part of his plea, Evans admitted to sexually assaulting the victim and forcing his way into her apartment against her will.

     In announcing the sentence, U.S. Attorney Phillips commended the work of the detectives of the Metropolitan Police Department’s Sexual Assault Unit.  He also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson and Paralegal Specialist D’Yvonne Key.  Finally, he acknowledged the efforts of Assistant U.S. Attorneys Jason Park and John Timmer, who investigated and prosecuted the case.

WASHINGTON - Darius Nelson, 28, of Washington, D.C., was sentenced today to a 40-year prison term on charges involving a series of sexual assaults in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim, Chief of the Metropolitan Police Department (MPD).

            Nelson pled guilty in September 2016, in the Superior Court of the District of Columbia, to three counts of first-degree sexual abuse with aggravating circumstances. The plea, which was contingent upon the Court’s approval, called for a prison term of 40 years, to run consecutively to the 22-year sentence that Nelson is currently serving for other sexual assault convictions. The Honorable José M. López accepted the plea today and sentenced Nelson accordingly. Upon completion of his prison term, Nelson will be placed on supervised release for the rest of his life. He also must register as a sex offender for the remainder of his life.

            In the earlier case, Nelson pled guilty in 2014 to sexually assaulting two women in separate attacks in Southeast Washington in October of 2013. In this case, in September, he pled guilty to assaulting three other women in separate incidents in 2012 and 2013.

            In his guilty plea in this case, Nelson admitted that late in the evening on April 11, 2012, he was walking with the first victim when he put her into a chokehold and dragged her to the rear of a residence in the 1600 block of 21st Place SE.  He threw her to the ground, punched her in the face, and sexually assaulted her.  After the sexual assault, he again physically assaulted her.

            Nelson further admitted that in the early morning hours of Aug. 18, 2012, the second victim was walking on Minnesota Avenue SE, near Pennsylvania Avenue, when he started a conversation with her.  During that conversation, Nelson hit her in the face and put what he told the victim was a knife to her back.  He then forced her to the rear of a gas station where he sexually assaulted her.  Afterward, he ordered her to stay on the ground and not get up, and he fled.

            Finally, Nelson admitted that late in the evening on Sept. 18, 2013, he grabbed the third victim from behind in a chokehold and forced her into an alley in the rear of the 2200 block of Nicholson Street SE.  In the alley, he robbed her, then pushed her to the ground and sexually assaulted her.  When finished, he told her to stay down and remain still, and he fled the scene.

            The victims were all taken to Washington Hospital Center, where they each received a sexual assault examination.  Swabs taken from two of the victims during their examinations were sent to Bode Technology for DNA testing.  A male DNA profile found on the swabs was entered into the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool.  Nelson was identified as a suspect through a CODIS search and DNA “cold hit.”  His DNA profile had been loaded into the CODIS database following his 2014 convictions for sexually assaulting the other two women. During an interview with detectives from the MPD’s Sexual Assault Unit in November 2014, Nelson admitted to committing his crimes against the three women in the case that led to the plea today.

            In announcing the sentence, U.S. Attorney Phillips and Interim Chief Newsham commended the work of the detectives of the Metropolitan Police Department’s Sexual Assault Unit.  They also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson and Paralegal Specialists Tierra Nanches, Angelina Slagle, and Wanda Trice.  Finally, they acknowledged the efforts of Assistant U.S. Attorneys Julianne Johnston, Jodi Lazarus, and Lindsay Suttenberg, who prosecuted the case.

WASHINGTON – Dana Dixon, 26, of Silver Spring, Md., was sentenced today to six years in prison for a pair of burglaries carried out in the middle of the day in Northwest Washington in September 2014, U.S. Attorney Channing D. Phillips announced.

            Dixon pled guilty in September 2016, in the Superior Court of the District of Columbia, to two counts of second-degree burglary.  He was sentenced by the Honorable Zoe Bush. Upon completion of his prison term, Dixon will be placed on three years of supervised release. He also is required to pay restitution to the victims in the amount of $7,284.

            According to the government’s evidence, Dixon committed two separate burglaries in Northwest Washington on Sept. 18, 2014.  First, Dixon, with two accomplices, Ramone Laird and Emmanuel Sumo, broke into an apartment in the 2900 block of Adams Mill Road NW with a crowbar, stole electronics, cash, and clothing, and in the process ransacked the apartment and damaged the front door. Dixon and his accomplices attempted to enter another apartment inside the building, but were unsuccessful when they could not breach the door with their crowbar.

            After leaving the building, Dixon, with his accomplices, broke into another apartment that same day in the 1800 block of Columbia Road NW, and again stole items from inside, ransacked the apartment, and damaged the front door. In response to a 911 call, officers from the Metropolitan Police Department (MPD) apprehended Laird running from the residence with the stolen property from the second burglary in his possession. Sumo and Dixon successfully fled from the police. The police recovered surveillance video showing Dixon, Laird, and Sumo at both apartment complexes prior to the burglaries taking place.

            Laird and Sumo, both 22 and both from Silver Spring, Md., were previously sentenced to prison terms for their roles in the burglaries. At the time of his arrest, Dixon was serving a sentence in Maryland after having been convicted of gun offenses.

           In announcing the sentence, U.S. Attorney Phillips commended the work of the Metropolitan Police Department’s Third District.  He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Supervisory Paralegal Specialist Sharon Newman, Paralegal Specialist Allison Daniels and Assistant U.S. Attorneys Christopher Macchiaroli and David Misler, who prosecuted the matter.

WASHINGTON – Malik Mingo, 20, of Washington, D.C., was sentenced today to a prison term of 13 years and five months stemming from two separate armed robberies of commercial businesses in September 2015 in Southeast Washington, announced 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).

            Mingo pled guilty in August 2016, in the U.S. District Court for the District of Columbia, to one count of interference with interstate commerce by robbery, and one count of using, carrying, and possessing a firearm in furtherance of a crime of violence as to two separate offenses. He was sentenced by the Honorable Rosemary M. Collyer. Upon completion of his prison term, Mingo will be placed on 30 months of supervised release.

            According to the government’s evidence, on Sept. 19, 2015, at approximately 12:50 p.m., Mingo, while masked, and with at least two additional masked individuals, entered Pizza Bolis, a pizza shop in the 1500 block of Alabama Avenue SE. During the robbery, a gun was placed at the head of the cashier and approximately $213 was stolen from the register. Mingo and his accomplices also stole $1,800 and a cellphone from a customer inside the pizzeria. The masked individuals were seen leaving the area in a black Infinity SUV.

            Four days later, on Sept. 23, 2015, at approximately noon, Mingo and his accomplice, Jarred Thomas, entered the “Like That 2” barber shop in the 3300 block of Stanton Road SE, while wearing masks and brandishing loaded firearms. The barber shop was located around the corner from the Pizza Bolis that had been robbed four days earlier. At gunpoint, Mingo ordered everyone to the ground and demanded that they hand over their money. Numerous victims were robbed at gunpoint of cash and possessions. Present during the armed robbery was a small child.  After the robbery, Mingo was observed leaving the area in a black Infinity SUV that matched the vehicle seen leaving the Pizza Bolis pizzeria. Mingo subsequently was apprehended by the police three blocks from the barber shop and a firearm was recovered in his flight path. The black Infinity SUV used by Mingo was located and identified as having been stolen in a separate armed robbery eight days earlier.

            Thomas, 20, of Washington, D.C., pled guilty in May 2016, in the U.S. District Court for the District of Columbia, to charges stemming from the barber shop robbery, including one count 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 unauthorized use of a vehicle. He was sentenced on July 13, 2016 to a prison term of 121 months.

            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 Violent Crime Task Force of the FBI’s Washington Field Office and from the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Candace Battle, and Assistant U.S. Attorney Christopher Macchiaroli, of the Violent Crimes and Narcotics Trafficking Section, who prosecuted the matter.

WASHINGTON – Michelle Cho, an officer of Far East Construction Corporation (Far East) and other construction companies, pleaded guilty today to a federal charge of conspiring to commit wire fraud.  Cho also agreed to pay forfeiture in the amount of $169,166 and pay a criminal fine in the amount of $35,000.

            The plea agreement was announced by Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division; U.S. Attorney Channing D. Phillips of the U.S. Attorney’s Office for the District of Columbia; Assistant Director in Charge Paul M. Abbate of the FBI’s Washington Field Office; Inspector General Peggy E. Gustafson for the U.S. Small Business Administration (SBA); Inspector General Carol Fortine Ochoa of the U.S. General Services Administration (GSA); Special Agent in Charge Brian J. Reihms of the Central Field Office of the Defense Criminal Investigative Service (DCIS) and Director Frank Robey of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU).

            According to court documents filed as part of the plea, Cho utilized two straw companies, including Far East, to conspire with MCC Construction Company (MCC) and others to defraud the SBA.  Cho’s two companies were eligible to receive federal government contracts set asides for small, disadvantaged businesses.  Cho and MCC understood that MCC would, illegally, perform all of the work on these contracts.  In so doing, MCC was able to win 27 government contracts worth over $70 million from 2008 to 2011.  The scope and duration of the scheme resulted in a significant number of opportunities lost to legitimate small and disadvantaged businesses.

            “Michelle Cho knowingly participated in a long-standing scheme that manipulated federal contracts designated for small, disadvantaged businesses,” said Acting Assistant Attorney General Hesse.  “We will continue to work with our law enforcement partners to protect the integrity of the procurement system.”

             “Michelle Cho sought to unjustly enrich herself by participating in a fraudulent scheme that blatantly undermined a program to designate federal contracts for small disadvantaged businesses,” said U.S. Attorney Phillips.  “Companies that benefit from the Small Business Administration’s 8(a) program are expected to perform the agreed-upon work in return for taxpayer dollars.  This prosecution shows our determination to maintain the integrity of federal contracting programs so that benefits go only to deserving businesses.”

            “This conspiracy to deceive and defraud the federal government caused funds to be diverted illegally and cheated small businesses out of fair federal contracting opportunities,” said Assistant Director in Charge Abbate.  “The FBI remains vigilant to such abuses of the system and will continue to work with our partners to bring to justice anyone who perpetrates fraud against the government.”

            “Today’s guilty plea signifies our commitment to bringing individuals that conspire to fraudulently gain access to set-aside Federal contracting opportunities to justice,” said SBA Inspector General Gustafson.  “Fraudulently passing work to ineligible businesses subverts the intent of SBA’s preferential contracting programs to assist small businesses as engines of economic development and job creation.  I want to thank the U.S. Attorney’s Office and our law enforcement partners for their leadership and dedication to serving justice.”

            “We will continue to investigate and hold accountable those who game the government procurement process at the expense American taxpayers and legitimate small businesses,” said GSA Inspector General Ochoa.

            “The Defense Criminal Investigative Service is committed to working with our partner agencies to combat fraud impacting the Department of Defense's vital programs and operations and maintain the integrity of the procurement system,” said Special Agent in Charge Reihms.

           “Today's plea is a fitting end for those who conspire to defraud the government,” said Director Robey.  “The Major Procurement Fraud Unit is proud to work with our federal law enforcement partners to protect the coffers of the U.S. government from those who break the law and threaten the readiness of the U.S. Army.”

            Cho, 45, of Downers Grove, Illinois, was charged in a criminal information on October 12, 2016 in the U.S. District Court for the District of Columbia with one count of conspiring to commit wire fraud.  She waived the requirement of being charged by way of federal indictment, agreed to the filing of the information and accepted responsibility for her criminal conduct.  The charge carries a statutory maximum of five years in prison and potential financial penalties.

            The Honorable Ketanji Brown Jackson scheduled sentencing for March 7, 2017.

            The court documents state that Cho and MCC violated the provisions of the SBA 8(a) program, which is designed to award contracts to businesses that are owned by “one or more socially and economically disadvantaged individuals.”  To qualify for the 8(a) program, a business must be at least 51 percent owned and controlled by a U.S. citizen (or citizens) of good character who meets the SBA’s definition of socially and economically disadvantaged.  The firm must also be a small business (as defined by the SBA) and show a reasonable potential for success.  Participants in the 8(a) program are subject to regulatory and contractual limits.  Also, under the program, the disadvantaged business is required to perform a certain percentage of the work.  For the types of contracts under investigation here, the SBA 8(a)-certified companies were required to perform 15 percent or more of the work with its own employees.

           Court documents also state Cho conspired with MCC and others for MCC to exercise impermissible control over Far East, to obstruct a U.S. Government Agency proceeding, and to reach an agreement whereby MCC would provide all labor, equipment, materials, safety, and supervision and, in return, receive 97 percent of the contract task order amount.  This agreement by its terms meant that Cho’s company would violate SBA rules and regulations and would collect a 3 percent fee for allowing its small business status to be used.

            Earlier this year, MCC pleaded guilty to conspiring to commit fraud on the United States by illegally obtaining government contracts that were intended for small, disadvantaged businesses and agreed to pay $1,769,924 in criminal penalties and forfeiture.  In June, Thomas Harper, another former officer and owner of MCC, pleaded guilty to conspiring to obstruct proceedings before a department or agency.  In August, Walter Crummy, another former officer and owner of MCC, pleaded guilty to conspiring to commit wire fraud.

            The investigation is being conducted by the FBI’s Washington Field Office, the Inspector General for the Small Business Administration (SBA), the Inspector General of the U.S. General Services Administration (GSA), the Central Field Office of the Defense Criminal Investigative Service (DCIS) and the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU).

            The prosecution was handled by Assistant U.S. Attorney John Marston and former Assistant U.S. Attorney Matt Graves of the U.S. Attorney’s Office for the District of Columbia and Trial Attorneys Kevin B. Hart, Justin P. Murphy and former Assistant Chief Craig Y. Lee of the Antitrust Division.

WASHINGTON – Daniel J. Glauber, who worked as a federal contract employee, pled guilty today to a charge of making a false statement for falsifying timesheets while working at two separate federal agencies, announced U.S. Attorney Channing D. Phillips, Norbert E. Vint, Deputy 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 the U.S. District Court for the District of Columbia. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, he faces a likely range of six to 12 months of incarceration and a fine of up to $20,000. The plea agreement calls for him to pay $70,646 in restitution. The Honorable Richard J. Leon scheduled sentencing for Feb. 17, 2017.

            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 plea, U.S. Attorney Phillips, Deputy 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 Assistant U.S. Attorney Teresa A. Howie, who is prosecuting the case.

WASHINGTON - A 37-year-old man from Washington, D.C. was sentenced today to 12 years in prison for sexually abusing a seven-year-old child, announced U.S. Attorney Channing D. Phillips.

            The man, who is not identified here to protect the privacy of the victim, pled guilty in September 2016, in the Superior Court of the District of Columbia, to one count of attempted first-degree child sexual abuse with aggravating circumstances and one count of second-degree child sexual abuse with aggravating circumstances. He was sentenced by the Honorable José M. Lopez. Following his prison term, the man will be placed on five years of supervised release. He also must register as a sex offender for the remainder of his life.

            According to the government’s evidence, the defendant moved into his girlfriend’s home in Southeast Washington around December 2015, and sexually abused her daughter on multiple occasions until he was discovered by a family member on Aug. 14, 2016.  When interviewed by Metropolitan Police Department (MPD) detectives, the defendant admitted to the abuse.

            In announcing the sentence, U.S. Attorney Phillips commended the work of the detectives of the Metropolitan Police Department’s Youth and Family Services Division.  He also commended those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan, Paralegal Specialist Angelina Slagle, and Assistant U.S. Attorney Julianne Johnston, who prosecuted the case.

WASHINGTON - Demetrius Banks, 32, of Riverdale, Md., has been found guilty of 23 felony counts for assaulting five women at knifepoint who were walking home alone from the Fort Totten and Brookland Metro stations, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD). Two of the victims were sexually assaulted.

            The verdicts were delivered yesterday and today and followed a four-week trial in the Superior Court of the District of Columbia. Banks was found guilty of three counts of first-degree sexual abuse while armed with aggravating circumstances; one count of attempted first-degree sexual abuse with aggravating circumstances; one count of third-degree sexual abuse with aggravating circumstances; five counts of robbery while armed; four counts of kidnapping while armed; four counts of assault with a dangerous weapon; four counts of threats, and one count of credit card fraud. The Honorable José M. Lopez scheduled sentencing for Jan. 27, 2017. Banks remains in custody pending sentencing.

            According to the government’s evidence, the assaults occurred over a one-month period, from July 28 to Aug. 28, 2015, and included this series of attacks:

            July 28, 2015: The defendant’s first victim, a 21-year-old cashier, was walking home alone after work, headed from the Fort Totten Metro station at about 10:30 p.m.  The victim encountered Banks, a stranger to her, standing in the unit block of Riggs Road NE.  As she passed him, he suddenly grabbed her from behind, pressed a knife to her side, and threatened to kill her.  He forced her at knifepoint into a dark driveway behind a school.  He then raped her and robbed her.  The victim was taken to Washington Hospital Center, where she underwent a sexual assault examination, which included collection of forensic evidence.

            July 31, 2015: The second victim, a 26-year-old bartender, was walking home from the Fort Totten Metro station at about midnight, in the 800 block of Gallatin Street NE. Banks pretended to be leaving a house on the block, then grabbed the victim from behind and forced her at knifepoint into a dark alleyway, where he robbed her.

            Aug. 4, 2015:  The third victim, a 26-year-old government employee, was walking home from the Fort Totten Metro station at approximately 10:30 p.m., taking the same route as the first victim.  In the unit block of Riggs Road NE - across the street from where the defendant had committed a sexual assault exactly one week earlier - Banks grabbed this victim from behind, threatened her with a knife, and began dragging her by her hair into a nearby wooded area.  When a passerby saw the assault and intervened, Banks grabbed the victim’s purse and fled.

            Aug. 23, 2015: The fourth victim, a 41-year-old server, was walking home from the Fort Totten Metro station at about 3:30 a.m. when Banks approached her and demanded she give him her property.  He was again armed with a knife.  This robbery occurred in the 600 block of Gallatin Street NE, a couple of blocks from the July 31, 2015 attack.

            Aug. 28, 2015: The fifth victim, a 22-year-old waitress, was walking home from the Brookland Metro station, one stop from the Fort Totten station, at about midnight. Banks pretended to arrive at a house, and when the victim passed him by, he grabbed her from behind and forced her at knifepoint into a dark driveway.  In the driveway, he raped and robbed her.  The victim was able to escape and ran naked into the middle of the street, where police officers happened to drive by and find her.  She was also taken to Washington Hospital Center and underwent a sexual assault examination, which included collection of forensic evidence.

            Detectives with the Metropolitan Police Department obtained surveillance footage of the defendant using the fifth victim’s credit card shortly after sexually assaulting and robbing her.  This footage was broadcast by the news media, and tips led to the identification of Banks as a suspect.  In subsequent forensic testing, the defendant’s DNA was found on evidence collected during the sexual assault examinations of the two victims. The police investigation also uncovered that Banks had used the credit cards of the third and fifth victims at convenience stores shortly after those assaults. In addition, investigation by the Metro Transit Police Department revealed that Banks had been using the Metro cards of both sexual assault victims to travel around the city.  When search warrants were executed for the defendant’s home and property with the assistance of the Prince George’s County Police Department, police recovered numerous items of property belonging to the third and fifth victims, as well as victims from unrelated cases.  Banks was arrested on Sept. 4, 2015.

            In announcing the verdicts, U.S. Attorney Phillips and Interim Chief Newsham commended the work of detectives from the Metropolitan Police Department’s Sexual Assault Unit and Fourth Police District, as well as the Metro Transit Police Department.  They also commended those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Patricia A. Riley, Chrisellen Kolb, and Deborah Sines; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Paralegal Specialists D’Yvonne Key, Angelina Slagle, Michelle Wicker, Kathryn Hoey, and Benjamin Kagan-Guthrie; Victim/Witness Advocates Lezlie Richardson, Tracey Hawkins, and Veronica Vaughan; Litigation Technology Specialists Leif Hickling and Anisha Bhatia; David Foster, Katina Adams-Washington, and La June Thames, all of the Victim/Witness Assistance Unit; Criminal Investigators Durand Odom and Mark Crawford; Investigative Analysts William Hamann and Sharon Johnson, and Computer Forensic Examiner John Marsh.  Finally, they acknowledged the efforts of Assistant U.S. Attorneys Jason Park and Julianne Johnston, who investigated and are prosecuting the case.

WASHINGTON - Attorney General Loretta E. Lynch today recognized a team from the U.S. Attorney’s Office for the District of Columbia, the FBI’s Washington Field Office, and the Metropolitan Police Department (MPD) for its exceptional work against child exploitation and human trafficking in the Washington, D.C. area.

            The team members were among 376 Justice Department employees and 47 individuals outside of the department to receive Attorney General Awards at a ceremony in Washington, D.C.  Today’s 64th annual ceremony recognized individuals for their outstanding service and dedication to carrying out the missions of the Department of Justice.

            The Washington Metro Child Exploitation Task Force was honored with the award for Distinguished Service, one of the Justice Department’s highest honors. The task force, consisting of members from the FBI’s Washington Field Office, MPD, and the U.S. Attorney’s Office, has played an instrumental role in identifying, disrupting and dismantling the most egregious perpetrators in child exploitation and human trafficking within the greater Washington, D.C., metropolitan area and beyond its area of responsibilities.  The team has demonstrated a history of success in penetrating the secret and often reclusive cyber world of child predators.

            “The Attorney General’s Awards provide us with a rare opportunity to honor the efforts of outstanding department employees and our invaluable partners across the federal government and at the state and local levels,” said Attorney General Lynch.  “Their work has made our nation – and our world – stronger, safer and more just, and I am proud of and inspired by each and every one of them.”

            “These awards are a fitting tribute for a longstanding task force whose members literally work around the clock to rescue children from sexual abuse and exploitation,” said U.S. Attorney Channing D. Phillips. “The selfless teamwork and unwavering dedication displayed by the Child Exploitation Task Force are emblematic of the tremendous and critical work being done each day by law enforcement to protect vulnerable victims from dangerous predators who lurk in cyberspace and our community.”

            “The members of the Washington Metro Child Exploitation Task Force have done exemplary work in protecting the most vulnerable members of our society,” said Assistant Director in Charge Abbate.   “These agents, analysts, and task force officers have worked tirelessly and skillfully to investigate, disrupt, and bring to justice those who exploit and abuse children.  Every day, they are faced with some of the most challenging and critical work in law enforcement, and today they have been honored for their truly heroic work.”

            “Through collaboration with our partners and an unwavering dedication of each agency to make the Internet safer for children, we will continue to ensure the safety of our children as a top priority,” said Peter Newsham, Interim Chief of the Metropolitan Police Department.

            The Distinguished Service Award is one of the Justice Department’s highest honors for employee performance. Recipients exemplify the highest commitment to the Justice Department’s mission. The team members who were honored today include Cyber Division Supervisory Special Agent Brenda K. Born, Supervisory Special Agent Andrew Patrick Leithead, Special Agents Sean P. Clark, Jenny M. Cutalo-Patterson, Tonya Sturgill Griffith, Alicia M. McShane and Jennifer N. Edwards and Intelligence Analyst Heather L. Gordon Ph.D., all from the FBI’s Washington Field Office; Detectives Jonathan K. Andrews Sr. and Timothy R. Palchak, from the Metropolitan Police Department; and Assistant U.S. Attorneys Andrea L. Hertzfeld, Cassidy M. Pinegar, Ari B. Redbord and Lindsay J. Suttenberg and Computer Forensic Examiner John E. Marsh, from the U.S. Attorney’s Office of the District of Columbia.

            In announcing the award, the Justice Department commended the task force for its extraordinary dedication, innovative techniques and commitment in identifying and prosecuting these predatory offenders.  During 2014 and 2015, the work of the recipients resulted in the rescue of numerous children who were victims of ongoing abuse and exploitation. Undercover officers act swiftly when they learn of victims of sexual abuse and child pornography, and their work has led to arrests of defendants in Ohio, North Carolina, Indiana, Texas, Pennsylvania, and other locations. The task force also assisted in identifying and locating more than 60 victims of sexual abuse and child pornography.

WASHINGTON – Edward J. Kincade, 63, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), was sentenced today to 60 days of incarceration for his falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Channing D. Phillips and Norbert E. Vint, Deputy Inspector General for the Office of Personnel Management (OPM).

            Kincade, of Guyton, Ga., pled guilty in August 2016, in the U.S. District Court for the District of Columbia, to making a false statement. He was sentenced by the Honorable Randolph D. Moss. Following the period of incarceration, Kincade will be placed on three years of supervised release; the first six months of that time must be spent on home detention. Kincade also must perform 100 hours of community service and pay $264,312 in restitution to the federal government.

            According to a statement of offense submitted to the Court, Kincade was employed by USIS, formerly known as U.S. Investigations Services Inc. In that role, Kincade was an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services, which now is known as the National Background Investigations Bureau.

            Between August 2011 and September 2012, in more than 30 Reports of Investigations on background investigations, Kincade represented that he had interviewed a source or reviewed a record­ regarding the subject of the background investigation. In fact, he had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, for receiving or retaining security clearances, or for positions of public trust.

            Kincade’s false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $264,312 to the U.S. government.

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

            This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Kincade, 22 other background investigators and two record checkers have been convicted of charges.

            Federal Investigative Services, through its workforce of approximately 5,400 field investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.4 million investigations during the 2015 fiscal year. More than 600,000 of these investigations involved applicants for access or continued access to classified information.

            In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation.  After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.

            In announcing the sentence, U.S. Attorney Phillips and Deputy Inspector General Vint praised the efforts of Special Agent Shantel Robinson, OPM, Office of the Inspector General, and Philip Kroop, Kevin Cassidy, and Jeffrey Addicks, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Jessica Mundi of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.

WASHINGTON –  Pennsylvania-based medical device manufacturer Biocompatibles Inc., a subsidiary of BTG plc, pleaded guilty today to misbranding its embolic device LC Bead and will pay more than $36 million to resolve criminal and civil liability arising out of its illegal conduct, the Justice Department announced today. LC Bead is used to treat liver cancer, among other diseases.

            Under the terms of the plea agreement before the U.S. District Court for the District of Columbia, Biocompatibles pleaded guilty to a misdemeanor charge in connection with the company’s misbranding of LC Bead, in violation of the Food, Drug and Cosmetic Act.  LC Bead was cleared by the U.S. Food and Drug Administration (FDA) as an embolization device that can be placed in blood vessels to block or reduce blood flow to certain types of tumors and arteriovenous malformations.  LC Bead has never been cleared or approved by FDA as a drug-device combination product or for use as a drug-delivery device or “drug-eluting” bead.

            As part of the criminal resolution, Biocompatibles will pay an $8.75 million criminal fine for the misbranding of LC Bead and a criminal forfeiture of $2.25 million.  The FDA sought assurances in 2004 that Biocompatibles would not use FDA clearance for the device for embolization to market the device for drug delivery, according to a statement of offense to which the company agreed.  Biocompatibles told the FDA that “under no circumstance” would the company use the embolization clearance to market the device for drug delivery.  However, two years later, Biocompatibles began marketing LC Bead for drug delivery through the company it hired to carry out its sales and distribution in the United States.  According to the statement of offense, the distribution company told its sales representatives that LC Bead was “[a] drug-delivery device” and trained its sales representatives to “aggressively penetrate the chemoembolization market.”  Sales representatives subsequently told health care providers that the device increased the level of chemotherapy delivered to a liver tumor and resulted in “better tumor response rates,” despite the lack of FDA clearance or approval for that use and despite the absence at that time of statistically significant evidence to support such claims.

            “The FDA approval process serves an important role in ensuring that federal health care participants receive devices that are safe, effective and medically appropriate,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “We will not permit companies to circumvent that process and put profits over patient safety.”    

            “This company is being held criminally and civilly responsible for misbranding a medical device and marketing it for the treatment of seriously ill cancer patients,” said U.S. Attorney Channing D. Phillips for the District of Columbia. “Working with the FDA and other law enforcement partners, we are committed to holding companies accountable for violating the integrity of the FDA approval process.”

            In addition, Biocompatibles will pay $25 million to resolve civil allegations under the False Claims Act that the company caused false claims to be submitted to government healthcare programs for procedures in which LC Bead was loaded with chemotherapy drugs and used as a drug-delivery device.  When LC Bead was combined with prescription drugs for use as a drug-eluting bead, it constituted a new combination drug-device product that was not approved or cleared by the FDA and not covered by Medicare and other federal health care programs.  The federal share of the civil settlement is approximately $23.6 million, and the state Medicaid share of the civil settlement is approximately $1.4 million.

            As part of the civil settlement, the government alleged that when LC Bead entered the U.S. market in 2005, Biocompatibles intended for LC Bead to be used as a drug-delivery device in combination with chemotherapy drugs, despite the lack of FDA approval as a drug-device combination product.  In December 2009, Biocompatibles filed an application with FDA for approval of LC Bead as a drug-eluting bead combination product. However, FDA informed the company that it was not accepting the application because clinical studies did not provide adequate evidence of a therapeutic benefit.  Nonetheless, Biocompatibles’ distributor routinely advised healthcare providers that LC Bead provided “better” or “superior” therapy for certain types of cancer when, in fact, there was insufficient clinical evidence to support these claims.

            “The FDA plays a fundamental role in ensuring the safety and efficacy of medical devices and drugs in this country,” said U.S. Attorney Richard L. Durbin Jr. of the Western District of Texas. “The FDA approval process and clinical studies serve to ensure that patients receive devices that meet those standards.  We will vigorously pursue those who ignore or seek to circumvent these important patient protections.”

            “U.S. consumers rely on the FDA to ensure that there is a reasonable assurance of safety and effectiveness for the approved uses of medical devices,” said Director George M. Karavetsos of FDA Office of Criminal Investigations. “When manufacturers ignore FDA’s regulatory authority, they undermine these important assurances.”

            The civil settlement with Biocompatibles resolves a lawsuit filed under the whistleblower provision of the False Claims Act, which permits private parties to file suit on behalf of the United States for false claims and share in a portion of the government’s recovery.  The civil lawsuit was filed in the Western District of Texas and is captioned United States ex rel. Ryan Bliss v. Biocompatibles, Inc., et al.  As part of today’s resolution, Bliss will receive approximately $5.1 million from the civil settlement.

            This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.

            The settlement with Biocompatibles was the result of a coordinated effort among the U.S. Attorney’s Offices for the District of Columbia and the Western District of Texas, and the Civil Division’s Consumer Protection Branch and Commercial Litigation Branch, with assistance from the FDA’s Office of Chief Counsel, HHS’ Office of Counsel to the Inspector General and the Department of Defense’s Defense Criminal Investigative Service.  The criminal investigation was conducted by the FDA’s Office of Criminal Investigations.  

            Except for the conduct admitted in connection with the criminal plea, the claims resolved by the civil settlement are allegations only, and there has been no determination of liability.

            For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.  For more information on the Commercial Litigation Branch’s Fraud Section, visit https://www.justice.gov/civil/fraud-section.

WASHINGTON – Two Pakistani nationals, who have been held in continuous custody since their October 2012 arrest in London, have been sentenced by Chief Judge Beryl A. Howell of the U.S. District Court in the District of Columbia, after pleading guilty to charges related to their operation of Internet sites that illegally shipped pharmaceuticals from Pakistan and the United Kingdom to customers in the United States, the Department of Justice announced.

            Sheikh Waseem Ul Haq, 43, and Tahir Saeed, 54, operated Internet sites that, from late 2005 until October 2012, illegally shipped $2 million of pharmaceuticals from Pakistan and the United Kingdom to customers worldwide, including nearly $780,000 in sales to U.S. purchasers.

            Ul Haq was sentenced today to time served.  On Sept. 23, Saeed was sentenced to time served.  Both defendants will remain in federal custody pending their removal from the United States to Pakistan. Following both defendants October 2012 arrest at a hotel near Heathrow Airport by the London Metropolitan Police Service Fugitive Squad, they were extradited to the District of Columbia in the spring of 2013, following the return in November 2012 of a 48-count indictment.  In addition to their prison terms, each defendant agreed to forfeit $388,265.11.

            Ul Haq pleaded guilty to all 48 counts of the indictment, which charged him with conspiracy to import Schedule II, III and IV controlled substance pharmaceuticals into the United States; conspiracy to distribute Schedule II, III and IV controlled substance pharmaceuticals; conspiracy to introduce misbranded pharmaceuticals into interstate commerce; importation and distribution of controlled substance pharmaceuticals; introduction into interstate commerce of misbranded drugs and conspiracy to commit international money laundering.  Saeed pleaded guilty to conspiracy to import Schedule II, III and IV controlled substance pharmaceuticals into the United States; conspiracy to introduce misbranded pharmaceuticals into interstate commerce and conspiracy to commit international money laundering.

            As part of the guilty pleas, the defendants admitted that they owned and operated two businesses, Waseem Enterprises and Harry’s Enterprises.  Both businesses were used to conduct wholesale pharmaceutical sales, as well as to unlawfully distribute a wide variety of controlled substances and prescription drugs through Internet sites.  The defendants directed U.S. customers to submit payments via Western Union to numerous individuals in Karachi, Pakistan, in order to conceal the fact that the funds were going to Ul Haq and Saeed.  In e-mails, the defendants admitted that they paid bribes to Pakistani customs officials to facilitate shipment of the drugs out of Pakistan.  The defendants packaged the drug shipments in ways that reduced the likelihood of interdiction by customs inspectors.

            The drugs the defendants shipped into the United States included methylphenidate (sold as Ritalin); various anabolic steroids; alprazolam (sold as Xanax); diazepam (sold as Valium), lorazepam (sold as Ativan); clonazepam (sold as Klonapin) and other controlled and non-controlled substances.

            “This prosecution demonstrates how the use of the Internet to distribute drugs illegally is a major threat to consumers,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division.  “These defendants operated their Internet marketing scheme from Pakistan and were able to ship drugs illegally and directly to U.S. citizens.  We will enforce the law to protect consumers from adulterated, contaminated and counterfeit drugs and assure that only medically necessary drugs are dispensed by licensed pharmacists who are filling legitimately issued prescriptions by licensed physicians.”

            “We will continue to work with our partners, nationally and internationally, to protect our country from those who are intent on shipping unregulated and potentially dangerous drugs into the United States,” said U.S. Attorney Channing D. Phillips for the District of Columbia.

            The Department of Justice’s Organized Crime Drug Enforcement Task Force sponsored and supported this complex investigation, which was investigated by the FBI’s Washington Field Office, U.S. Postal Inspection Service, the U.S. Food and Drug Administration’s Office of Criminal Investigations and the Drug Enforcement Administration.  The Criminal Division’s Office of International Affairs assisted with the extradition, and additional assistance was received from the London Metropolitan Police Service, INTERPOL and law enforcement agents in Germany.  The case was prosecuted by Assistant U.S. Attorney John P. Dominguez of the U.S. Attorney’s Office for the District of Columbia and Senior Litigation Counsel Linda I. Marks of the Civil Division’s Consumer Protection Branch.

WASHINGTON – Jill Murray, a former office manager and book keeper for a Washington-based architecture firm, pled guilty today to a federal charge involving the embezzlement of nearly $280,000 from her employer, U.S. Attorney Channing D. Phillips announced.

            Murray, 50, of North Charleston, S.C., pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud. The Honorable Randolph D. Moss scheduled sentencing for Jan. 27, 2017. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, Murray faces a likely range of 21 to 27 months in prison and a fine of up to $250,000. She also has agreed to pay $279, 611 in restitution and an identical amount in a forfeiture money judgment.

            According to the government’s evidence, Murray was authorized to make supply purchases for the firm’s business operations and was responsible for maintaining bookkeeping records for all expenses that were paid out to vendors and contractors.  Murray was also authorized to pay her employer’s credit card bills.

            Between December 2005 and March 2014, Murray made approximately $112,630 in unauthorized personal purchases of items from retailers including Amazon, Best Buy, Staples, Bed Bath and Beyond, Target, Whole Foods, Office Depot, Crate & Barrel, and the District of Columbia Parking Enforcement Agency.  From about January 2007, through about March 2014, Murray, using the company’s credit cards, purchased gift cards in her own name from Staples in the amount of $83,511 and from Office Depot in the amount of $83,469. Murray was able to conceal her theft scheme by manipulating the architecture firm’s books.

            In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department’s Financial Crimes Unit. He also expressed appreciation for the efforts of those who worked on the matter for the U.S. Attorney’s Office, including Assistant U.S. Attorney Thomas Swanton, who handled forfeiture issues, Paralegal Specialists Krishawn Graham and Angela Lawrence, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who prosecuted the case.

WASHINGTON – Two men, both from Washington, D.C., were found guilty by a jury today of second-degree murder while armed and other charges stemming from a gun battle in Northeast Washington in which two people were killed, including a 15-year-old innocent bystander, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Sequarn Tibbs, 25, and Earl Jackson, 23, also were found guilty of three counts of assault with intent to kill, two counts of aggravated assault, and related weapons offenses. The verdicts followed a trial in the Superior Court of the District of Columbia. The Honorable Michael Ryan scheduled sentencing for Jan. 9, 2017.  Tibbs and Jackson remain in custody pending sentencing.

            Tibbs and Jackson had pled guilty in 2013 to voluntary manslaughter and other charges for their roles in the crimes, but the pleas were subsequently reversed by the District of Columbia Court of Appeals. That led to the trial and the jury’s verdict.  Additionally, a third co-defendant, Antonio Barnes, 25, pled guilty on September 19, 2016 to voluntary manslaughter and other charges for his role in the crimes.  He is scheduled to be sentenced on Nov. 7, 2016.

            According to the government’s evidence, Tibbs and Jackson were part of a group, known as “Young Savage,” associated with the 37th Street/37th Place neighborhood of Southeast Washington. The violence came after the discovery on Oct. 12, 2009 that a burglary took place in the home of Jackson’s mother, located in the Clay Terrace area of Northeast Washington. A .38-caliber revolver, belonging to a juvenile co-conspirator, was stolen during the burglary.

            Late Oct. 12, 2009 and early Oct. 13, 2009, Jackson and others, including Tibbs’s brother, Daquan Tibbs, 18, decided that Clay Terrace residents were responsible for the burglary. The group decided to travel to the home of Jackson’s mother in Clay Terrace to identify and find the people responsible and get the property back - with force, if necessary.

            They rode to Clay Terrace in a taxicab, while armed with a .45-caliber semi-automatic pistol, a .40-caliber pistol and a .9-mm pistol. Once there, they decided to confront Clay Terrace individuals who were outside in the neighborhood. They demanded the .38-caliber revolver, and, although it remains unclear if money was taken in the burglary as well, they also asked for money.

            A male from the Clay Terrace group advised that they did not know who was responsible for the theft, but opined that it was probably a “young’un.” Later, an older Clay Terrace resident came to the Jacksons’ house, and asked about the situation. This person also speculated it was probably “one of the little young’uns,” and left.  The older man later came back and returned the gun, not saying where he got it. He said that he did not know anything about the missing money.

            Sequarn Tibbs, meanwhile, joined the group in Clay Terrace. Throughout the day, several members of the group smoked marijuana. At one point, Jackson and the juvenile co-conspirator discussed whether they should wait until school was over to see if they could find the “young’uns” responsible for the theft/burglary.

            Shortly before 4 p.m. on Oct. 13, 2009, the defendants and others in the group left the house. The group took their guns with them, which included a .45-caliber pistol, a .40-caliber pistol, a .38-caliber revolver, and a .9-mm pistol.  They headed to a courtyard known in Clay Terrace as “Briscoe Court,” in the 300 block of 53rd Street NE. A gun battle soon began, with Sequarn Tibbs firing the first shot. During the gunfire, Daquan Tibbs was shot to death by a weapon fired by the juvenile co-conspirator. A 15-year-old boy, Davonta Artis – an innocent bystander – was shot and also killed. Three others were wounded.

            In August of 2010, Tibbs and Jackson learned that warrants had been issued for their arrests, and they fled the Washington, D.C. area to avoid being apprehended. Tibbs was captured on Sept. 21, 2010 in New York, and Jackson was captured on Jan. 13, 2012, in North Carolina.

            In announcing the verdicts, U.S. Attorney Phillips and Interim Chief Newsham commended the work of the detectives, officers and mobile crime scene technicians who investigated the case for the Metropolitan Police Department and also with the U.S. Park Police. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Deborah Sines; former Assistant U.S. Attorneys Reagan Taylor, Sean Tonolli, J.P. Cooney, Sharad Khandelwal and Heather Carlton; Liaison and Operations Manager Linda McDonald; Paralegal Specialists Zekiah Wright, Debra Joyner, Kendra Johnson, Alesha Matthews-Yette, Kwasi Fields, Kelly Blakeney, Sharon Newman, Fern Rhedrick, and Marian Russell; Litigation Technology Specialists Leif Hickling, William Henderson, and Joshua Ellen; Victim/Witness Advocates Marcia Rinker and Katina Adams-Washington, former Investigative Analyst Larry Grasso, and Investigative Analysts Zachary McMenamin, Durand Odom, and John Marsh. Finally, they praised the work of Assistant U.S. Attorneys Laura Bach and Nebiyu Feleke and Special Assistant U.S. Attorney Veronica Noonan, of the District of Columbia Office of the Attorney General, who prosecuted the case.

WASHINGTON – Tamara Kukla, who worked as the “Director of Membership” for a Washington based non-profit organization, has pled guilty to a federal charge involving the embezzlement of nearly $250,000 from her employer, announced U.S. Attorney Channing D. Phillips and Brian J. Ebert, Special Agent in Charge, Washington Field Office, U.S. Secret Service.

            Kukla, 47, of Plano, Texas, pled guilty on Nov. 2, 2016, in the U.S. District Court for the District of Columbia, to interstate transportation of stolen property. The Honorable James E. Boasberg scheduled sentencing for Feb. 24, 2017. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Kukla faces a likely range of 12 to 18 months in prison and a fine of up to $250,000. She also has agreed to pay $248,755 in restitution and an identical amount in a forfeiture money judgment.

            According to the government’s evidence, Kukla’s employer provided her with a credit card to assist her with her duties and responsibilities as the “Director of Membership.” Kukla’s duties and responsibilities included, among others, formulating and executing marketing plans designed to maintain and increase her employer’s membership rolls. Beginning around October 2009 and continuing through about December 2011, Kukla devised and carried out a scheme to defraud her employer by embezzling funds through her corporate credit card. Kukla used the credit card for both legitimate and personal purchases, but provided false descriptions of the personal purchases as work-related expenses so that her employer would pay for them. These unauthorized purchases and expenses included, among others, personal expenses related to travel, transportation, hotel lodgings, retail purchases, meals, food, and entertainment. 

            In announcing the plea, U.S. Attorney Phillips and Special Agent in Charge Ebert commended the work of those who investigated the case from the National Capitol Region Fraud Task Force of the U.S. Secret Service’s Washington Field Office. They also expressed appreciation for the efforts of those who worked on the matter for the U.S. Attorney’s Office, including Special Assistant U.S. Attorneys Vesna Harasic-Yaksic and Zia Faruqui, who handled forfeiture issues, Paralegal Specialists Krishawn Graham and Angela Lawrence, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who is prosecuting the case.

WASHINGTON – A Florida man pled guilty today to a federal charge of health care fraud for submitting more than 1,300 false claims, seeking about $152,000, to a federal health insurance plan, announced U.S. Attorney Channing D. Phillips and Norbert E. Vint, Deputy Inspector General for the Office of Personnel Management (OPM).

            Jensen Moors, 41, currently of Lauderdale Lakes, Fla., pled guilty in the U.S. District Court for the District of Columbia.  He is to be sentenced on Feb. 3, 2017, by the Honorable James E. Boasberg.  Under the advisory federal sentencing guidelines, he faces a possible sentence of 12 to 18 months.  Moors also agreed to pay restitution in an amount of $143,111, and a forfeiture money judgment in the same amount.

            According to a statement of the offense, signed by the defendant, Moors was a civilian Department of Defense employee, who was entitled to participate in the Federal Employees Health Benefits Program, which is administered by OPM.  U.S. government employees living overseas, such as Moors at the time of the offense, have the option to choose the Foreign Service Benefit Plan (FSBP) as their health care benefit program.  Generally, those enrolled in FSBP pay out-of-pocket for any health care benefits, items, or services they receive overseas, and then submit claims for reimbursement for money already paid, to a location in the District of Columbia.  An OPM contractor then processes the reimbursements and pays the employee directly.

            Between about October 2007 and April 2014, Moors submitted to FSBP approximately 66 fake invoices with 1,387 claims totaling approximately €119,541 (euros, which translates to approximately $152,000), falsely claiming that he received and paid for physical therapy services from a German physical therapist.  These claims were false in that Moors did not receive the therapy on the dates as claimed, the amounts were in excess of the prices charged by the physical therapist, and the duration of treatment was longer and more frequent than the treatment actually provided by the physical therapist.

            As a result of these false claims, the OPM contractor paid Moors $143,111 on 63 invoices and denied the claims on the other three invoices, having discovered that the services were not provided.

            In announcing the plea, U.S. Attorney Phillips and Deputy Inspector General Vint expressed appreciation for the work performed by Special Agents and analysts from both OPM’s Office of Inspector General and the Defense Criminal Investigative Service of the Department of Defense.  They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kaitlyn Krueger, Assistant U.S. Attorney Julia Jarrett, who is assisting with forfeiture issues, and Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the case.

WASHINGTON – Lillian Alvarado, 24, of Washington, D.C., was indicted today by a grand jury in the Superior Court of the District of Columbia on murder and other charges in the 2013 death of her infant son, U.S. Attorney Channing D. Phillips announced.

            The grand jury indicted Alvarado on charges of first-degree (premeditated) murder while armed, with aggravating circumstances; first-degree felony murder while armed, also with aggravating circumstances, and first-degree cruelty to children. The aggravating circumstances allege that the crime was especially heinous, atrocious or cruel and that the victim was especially vulnerable. The charges carry a potential sentence of life in prison with no possibility of release. Alvarado is to be arraigned on Nov. 4, 2016, by the Honorable Milton C. Lee.

            No trial date has been scheduled. Alvarado, who was arrested in this case in January 2014 by the Metropolitan Police Department, remains held without bond.

            According to the government’s evidence, on Thanksgiving Day, Nov. 28, 2013, Alvarado delivered her infant in the bathtub of her family’s apartment in the 6000 block of 14th Street NW. She had not told her family that she was pregnant. The baby boy was born alive; however, Alvarado allegedly strangled the baby, tried to drown the infant, and cut off his legs.  The District of Columbia’s Office of the Chief Medical Examiner determined the infant died from asphyxiation and dismemberment. Alvarado allegedly tried to conceal the crime.

            The baby’s death was discovered when bloody water leaked from Alvarado’s bathroom through to the apartment below.  Law enforcement officers responded, believing they were searching for a water leak.  With the assistance of Alvarado’s family, officers gained entrance to the bathroom, where they found the infant in the bathtub.

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

            In announcing the indictment, U.S. Attorney Phillips expressed appreciation for the work of those investigating the case from the Metropolitan Police Department. He also acknowledged the efforts of those who have assisted with the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Nicholas Coleman, Colleen Kennedy, Cynthia Walicki-Chan, and Michael Tomaselli; Victim/Witness Specialist Marcia Rinker, and Paralegal Specialists Kelly Blakeney and Cynthia Mohammed. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Cynthia G. Wright, who is investigating and prosecuting the case.

WASHINGTON - Vincent Wilson, 24, of Washington, D.C., was sentenced today to 18 months in prison for assaulting a Deputy United States Marshal during an incident at a courthouse earlier this year, announced U.S. Attorney Channing D. Phillips and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.

            Wilson pled guilty in August 2016, in the U.S. District Court for the District of Columbia, to a charge of assaulting, resisting or impeding a federal law enforcement officer. He was sentenced by the Honorable Rudolph Contreras. Upon completion of his prison term, Wilson will be placed on three years of supervised release.

            According to the government’s evidence, the chain of events took place on Jan. 5, 2016, while Wilson was at the Superior Court of the District of Columbia in an unrelated case. The incident began as a deputy marshal was escorting Wilson to a single cell in the main cell block at the courthouse. At this time, Wilson began yelling loudly at the deputy marshal and attempted to move toward him. The deputy marshal maintained control of Wilson with a hand on Wilson’s arm and a hand on Wilson’s head to prevent any potential spitting or other assaultive behavior until Wilson was in the cell.  While inside the holding cell, Wilson turned and faced the deputy marshal, and from approximately five feet away, spit an amount of spit in his direction. A portion of Wilson’s saliva struck the deputy marshal under the left eye.

            Thereafter, the deputy marshal entered the holding cell to control Wilson’s head in order to place a spit mask on Wilson to prevent any further spitting on other security officials.  While the deputy marshal was trying to maintain control of Wilson’s head, Wilson continuously tried to rotate his body and head toward him. Aided by other officers, the deputy marshal moved Wilson to the floor of the cell.  While still in handcuffs, Wilson reached up toward him and dug his fingernails into the deputy marshal’s left and right forearm, causing great pain and several large lacerations. Wilson then began to claw down on the forearms with his fingernails and dug further into the skin.  The deputy marshal let up his control of Wilson’s head due to the pain.  At that moment, Wilson was able to turn his head toward the deputy marshal and once again spit saliva, making contact with the deputy marshals’ skin, eyes, and mouth.

            In announcing today’s sentence, U.S. Attorney Phillips and Marshal Hughes commended the actions of all the Deputy United States Marshals who protect the court system and judicial process.  They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialists Jeannette Litz and Teesha Tobias, Legal Assistant Peter Gaboton, and Assistant U.S. Attorney Emory V. Cole, who investigated and prosecuted the case.

WASHINGTON – Melvin Smith, 45, of Washington, D.C., pled guilty today to three counts of robbery in connection with a recent series of robberies of convenience stores in Northeast and Northwest Washington, announced U.S. Attorney Channing D. Phillips.

            Smith pled guilty to the charges in the Superior Court for the District of Columbia.  In entering his guilty plea, Smith admitted to robbing six convenience stores in just over four weeks this summer. He is to be sentenced on Jan. 11, 2017 by the Honorable Danya A. Dayson.

            According to the government’s evidence, the robberies included these crimes:

            -Aug. 19, 2016, approximately 1:40 a.m.: Smith entered a 7-Eleven store in the 1200 block of Brentwood Road NE, approached a store clerk, and demanded access to the cash register.  He then took approximately $50 before fleeing.

            -Sept. 6, 2016, approximately 10:55 p.m.: Smith entered the 7-Eleven store in the 1300 block of Second Street NE. He approached a cashier and reached into two cash registers, taking approximately $430 before fleeing.

            - Sept. 10, 2016, approximately 2:10 a.m.: Smith entered the 7-Eleven store in the 4800 block of Nannie Helen Burroughs Avenue NE and displayed an object on his right hip, which store personnel believed to be a handgun. He proceeded to the cash registers, demanded that they be opened, and took an unspecified amount of cash before fleeing.

            -Sept. 12, 2016, approximately 8:45 p.m.: Smith entered the 6 & Q Market, in the 500 block of Q Street NW. Wearing a mask, he ordered a store clerk to the cash register.  When the clerk responded that he did not have a key to the register, Smith grabbed the entire register, which contained an unknown amount of cash, and fled.

            -Sept. 13, 2016, approximately 1:30 a.m.: Smith returned to the 7-Eleven on Second Street NE. According to a store clerk, he was carrying what appeared to be a silver gun in his waistband and demanded cash from the cash register.  Smith then removed approximately $100 from the store’s two cash registers and fled.

            -Sept. 18, 2016, approximately 9:45 p.m.: Smith entered a 7-Eleven store in the 900 block of Bladensburg Road NE. Wearing a mask, he displayed what the clerk believed to be a dark gun in his waistband and demanded that the clerk open the register.  Smith then proceeded to take money from both of the registers, before fleeing.

            Smith was arrested on Sept. 19, 2016.  When he was arrested, Smith was found to be in possession of a unique mask and bandana that surveillance video confirmed were used in the robberies. He has been in custody since his arrest. The guilty plea specified the offenses that were committed on Aug. 19, Sept. 6, and Sept. 12, 2016.

            In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the work of Assistant U.S. Attorney Richard Barker, who investigated and prosecuted the case.

WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that it has completed its review of the actions of five Metropolitan Police Department (MPD) officers who were involved in the fatal shooting of Marquesha McMillan on Oct. 26, 2015, following an attempted armed robbery of a liquor store in Northwest Washington. After a careful review of all of the evidence, the U.S. Attorney’s Office has concluded that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against the officers involved in the fatal shooting of Ms. McMillan.

              The comprehensive investigation included interviews of multiple law enforcement and civilian witnesses as well as the review of physical and forensic evidence; recorded radio communications; video surveillance; the autopsy report, and other evidence.

            The shooting in this case took place on Oct. 26, 2015, at approximately 9:15 a.m., in the rear parking lot of a liquor store in the 7800 block of Alaska Avenue NW.  Following the attempted armed robbery of the store by Ms. McMillan, 21, and Ned McCallister, both individuals fled from the establishment out of different doors upon seeing an MPD officer arrive for a routine business check.  Ms. McMillan ran towards the rear parking lot, where she turned and fired a .380 semi-automatic pistol at three officers who were responding to the “robbery in progress” call.  The officers returned fire as Ms. McMillan ran through the parking lot and hid behind a nearby dumpster.  As reported by civilian witnesses, Ms. McMillan then reloaded her weapon while ignoring the officers’ commands to “drop the weapon” and “get on the ground.” While the three officers and Ms. McMillan exchanged additional gunfire, two other MPD officers approached Ms. McMillan’s location from an adjacent parking lot and fired their weapons at Ms. McMillan, who fell to the ground, fatally wounded.  A subsequent autopsy revealed that Ms. McMillan was shot eight times, one of which was fatal.   

            Mobile Crime Technicians recovered Ms. McMillan’s .380 semi-automatic firearm.

            McCallister, 22, of Washington, D.C., pled guilty on July 22, 2016, in the U.S. District Court for the District of Columbia, to one count of attempted interference with interstate commerce by robbery, a federal offense, and one count of unlawful possession of a firearm, a District of Columbia offense. He was sentenced on Oct. 14, 2016, to four years in prison, to be followed by three years of supervised release.

            After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officers used excessive force under the circumstances.

            Use-of-force investigations generally

            The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law.  To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary.  Proving “willfulness” is a heavy burden.  Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids.  A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.

             The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated.  The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.

Manner of Death Determined an Accident

The Metropolitan Police Department (MPD) and the U.S. Attorney’s Office for the District of Columbia, with assistance from the FBI, have concluded a comprehensive investigation into the death last year of Mikhail Lesin, 57, a Russian political figure, media executive and adviser to Vladimir Putin, the President of Russia.  As a result of the almost year-long investigation, the Chief Medical Examiner of the District of Columbia has amended Lesin’s manner of death from “undetermined” to “accident” with acute ethanol intoxication as a contributory cause of death.  The investigation has now been closed.

Based on evidence gathered during the investigation, Lesin entered his room at the Dupont Circle Hotel for the final time at about 10:48 a.m., on Wednesday, Nov. 4, 2015, after days of excessive consumption of alcohol.  Based on the evidence, including video footage and witness interviews, Lesin entered his hotel room on the morning of Wednesday, Nov. 4, 2015, after days of excessive consumption of alcohol and sustained the injuries that resulted in his death while alone in his hotel room.  He was found dead late on Thursday morning, Nov. 5, 2015.

After review of the video footage and new evidence developed from the investigation, the Chief Medical Examiner has determined that Lesin died as a result of blunt force injuries to his head, with contributing causes being blunt force injuries of the neck, torso, upper extremities and lower extremities, which were induced by falls, with acute ethanol intoxication.

WASHINGTON - The Metropolitan Police Department (MPD) and the U.S. Attorney’s Office for the District of Columbia, with assistance from the FBI, have concluded a comprehensive investigation into the death last year of Mikhail Lesin, a Russian political figure, media executive, and adviser to Vladimir Putin, the President of Russia. As a result of the almost year-long investigation, the Chief Medical Examiner of the District of Columbia has amended Mr. Lesin’s manner of death from “undetermined” to “accident” with acute ethanol intoxication as a contributory cause of death. The investigation has now been closed.

     Based on evidence gathered during the investigation, Mr. Lesin, 57, entered his room at the Dupont Circle Hotel for the final time at about 10:48 a.m., on Wednesday, November 4, 2015, after days of excessive consumption of alcohol.  Based on the evidence, including video footage and witness interviews, Mr. Lesin entered his hotel room on the morning of Wednesday, November 4, 2015, after days of excessive consumption of alcohol and sustained the injuries that resulted in his death while alone in his hotel room. He was found dead late on Thursday morning, November 5, 2015.

     After review of the video footage and new evidence developed from the investigation, the Chief Medical Examiner has determined that Mr. Lesin died as a result of blunt force injuries to his head, with contributing causes being blunt force injuries of the neck, torso, upper extremities, and lower extremities, which were induced by falls, with acute ethanol intoxication.

WASHINGTON – An American tuna fishing company that regularly unloaded its catch in American Samoa, was convicted and sentenced today for discharging oil into the South Pacific and for maintaining false records, announced Assistant Attorney General John C. Cruden of the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney Channing D. Phillips for the District of Columbia.  The company, Pacific Breeze Fisheries LLC, owned the Fishing Vessel F/V Pacific Breeze, a tuna purse seiner that was responsible for the pollution.

            Pacific Breeze Fisheries admitted that its engineers failed to document the illegal dumping of oily bilge water into the waters off American Samoa without the use of required pollution prevention equipment.  These discharges occurred on at least two occasions, in 2014 and 2015, before the vessel brought fish to a cannery in the port of Pago Pago, American Samoa.

            The company further admitted that between October 2013 and July 2015, senior engineers regularly failed to accurately record the transfer and disposal of oil waste in the vessel’s Oil Record Book.  The U.S. Coast Guard relies on such records to determine whether vessels are illegally dumping oil at sea.  As a result, tons of oil sludge, waste oil and oily bilge water that were produced by the vessel remain unaccounted for.

            The company pleaded guilty before U.S. District Court Judge Tanya S. Chutkan for the District of Columbia to four felony violations of the Act to Prevent Pollution from Ships, for failing to accurately maintain an Oil Record Book and for illegally discharging oily bilge water into the South Pacific.  Under the terms of the plea agreement, the company will pay a $1.6 million fine, in addition to a community service payment of $400,000 for use in the National Marine Sanctuary of American Samoa.  Though Pacific Breeze Fisheries does not currently manage any active fishing vessels, the company also agreed to implement an extensive environmental compliance plan in the event it resumes operations.

            On Oct. 25, Jeon Seon Han, the former Chief Engineer of the F/V Pacific Breeze, pleaded guilty in the District of Hawaii for his role in obstructing the U.S. Coast Guard inspection of the vessel in American Samoa in 2015.  Han admitted to lying to U.S. Coast Guard inspectors about the disposal of sludge and to ordering the disassembly of an illegal discharge system before the inspection.  Sentencing for Han is scheduled for February 2017.

            The case against Pacific Breeze Fisheries was investigated by U.S. Coast Guard personnel in American Samoa, Honolulu, Hawaii, and the District of Columbia.  The case was prosecuted by Senior Trial Attorney Kenneth E. Nelson and Trial Attorney Brendan Selby of the Environmental Crimes Section and Assistant U.S. Attorney Frederick W. Yette of the U.S. Attorney’s Office for the District of Columbia.

Mansour Moghtaderi Zadeh, 56, an Iranian national, pleaded guilty today to taking part in a conspiracy involving the purchase and shipment of various products, including aviation parts and supplies, from the U.S. to Iran without a license. 

Acting Assistant Attorney General for National Security Mary B. McCord, U.S. Attorney Channing D. Phillips of the District of Columbia, Special Agent in Charge Matthew J. Etre of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations in Boston and Special Agent in Charge Michael Imbrogna of the Bureau of Industry and Security, U.S. Department of Commerce in Boston made the announcement. The plea took place in the U.S. District Court for the District of Columbia.

Zadeh, who had been living in Iran, pleaded guilty to one count of conspiracy to unlawfully export goods, technology and services to Iran without the required license and to defraud the U.S. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, Zadeh faces a likely range of 46 to 57 months in prison and a potential fine of $20,000 to $200,000. Senior Judge Paul L. Friedman scheduled sentencing for December 14. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.

In plea documents filed today, Zadeh acknowledged that beginning in October 2005, Iranian companies requested that Zadeh through his company, Barsan Aero Chemicals, Ltd., procure products, including a fiber optic video transmitter and receiver, and aviation course indicators, which required a license from the Department of the Treasury’s Office of Foreign Assets Control (OFAC), to be exported to Iran. Members of the conspiracy arranged for the items to be sent from the U.S. to Iran, and Zadeh received a commission.

In March 2007, Zadeh and co-conspirators attempted to export metal sheets and rods that are used in the aviation manufacturing industry from the U.S. to Iran, without the required license from OFAC. Zadeh had arranged for his new corporation, Lavantia Ltd., to purchase the items, and used an alias in his communications. In September 2007, the shipment was detained by the U.S. Department of Commerce pending certification of the end user. 

In October 2007, the Department of Commerce issued a Temporary Denial Order (TDO) against Lavantia and Zadeh (under his alias). The TDO prohibited Lavantia and Zadeh from participating, directly or indirectly, in any way in any transaction involving any commodity exported from the U.S. Notwithstanding the TDO, Zadeh and other conspirators exported and attempted to export numerous materials from the U.S., including resin, sealant, paint, pneumatic grease, film adhesive and polyurethane coating and thinner. Their conduct after the TDO was issued involved more than $69,000 of exported goods. 

“The prosecution of this case demonstrates that the United States will aggressively investigate and prosecute those who unlawfully export goods and technology for use in Iran,” said U.S. Attorney Phillips. “Working with our law enforcement partners, we will use every tool at our disposal to enforce export laws.”

“Disrupting and dismantling the sale of controlled items, especially those with military value, to foreign powers is a critical federal law enforcement mission, and is one in which HSI has a long history of excellence,” said Special Agent in Charge Etre. “HSI will continue to track down those who attempt to profit by the illegal sale and export of our military technologies.”

In announcing the plea, Acting Assistant Attorney General McCord, U.S. Attorney Phillips, Special Agent in Charge Etre and Special Agent in Charge Imbrogna commended the work of the Special Agents who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Jorge Casillas, and Assistant U.S. Attorneys Frederick W. Yette and Jeffrey Pearlman of the District of Columbia, who prosecuted the case. Finally, they expressed appreciation for the work of Trial Attorney Thea D. R. Kendler of the National Security Division’s Counterintelligence and Export Control Section.

WASHINGTON – Naimah Sillah, who worked as the office manager for a Washington-based law firm, pled guilty today to a federal charge involving the embezzlement of over $100,000 from the employer, U.S. Attorney Channing D. Phillips announced.

            Sillah, 40, of Forestville, Md., pled guilty in the U.S. District Court for the District of Columbia to one count of interstate transportation of stolen property. The Honorable Amy Berman Jackson scheduled sentencing for Feb. 2, 2017. The charge carries a statutory maximum of 10 years in prison and potential financial penalties. Under federal sentencing guidelines, Sillah faces a likely range of 10 to 16 months in prison and a fine of up to $30,000. She also has agreed to pay $103,811 in restitution and an identical amount in a forfeiture money judgment.

            According to the government’s evidence, Sillah was hired by the law firm in July 2008. Her responsibilities included processing and managing accounts payables, utilizing accounting software, entering vendor invoices into the software, and drafting the law firm’s checks and mailing them to vendors. From at least March 2009 and through January 2014, Sillah embezzled a total of $103,811 from the law firm’s bank account. She wrote unauthorized checks to herself and steered additional money to two businesses that she created as part of the scheme. One of the businesses she created was almost identical in name to a vendor that the law firm had used on a regular basis for years; the law firm’s owners signed checks unaware that they were not going to the usual vendor. Sillah used the proceeds of her crimes for her own personal use and benefit.

            In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the efforts of those who worked on the matter for the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas, who handled forfeiture issues, Paralegal Specialists Kaitlyn Krueger and Jessica Mundi and Assistant U.S. Attorney Teresa A. Howie, who prosecuted the case.

WASHINGTON - U.S. Attorney Channing D. Phillips today announced the appointment of Assistant U.S. Attorney T. Patrick Martin to lead the efforts of the U.S. Attorney’s Office for the District of Columbia in connection with the Justice Department’s nationwide Election Day program for the Nov. 8, 2016 general election.

            Assistant U.S. Attorney Martin, who heads the Office’s Fraud and Public Corruption Section, will serve as the District Election Officer for the District of Columbia. In that capacity, he is responsible for overseeing the handling of complaints of election fraud and voting rights abuses in the District of Columbia, in consultation with Justice Department headquarters.

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

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

            The franchise is the cornerstone of American democracy.  We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses, and to ensure that such complaints are directed to the appropriate authorities, Assistant U.S. Attorney Martin will be on duty in the District of Columbia while the polls are open. Assistant U.S. Attorney Martin can be reached by the public at 202-252-7732.

            Nationally, the FBI has Special Agents in each Field Office and Resident Agency throughout the country to receive allegations of election fraud and other election abuses. In the District of Columbia, the FBI’s Washington Field Office can be reached at 202-278-2000.

            Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.

WASHINGTON – David Crocker, 17, and Sadiq Blaine, 16, both of Washington, D.C., have each been sentenced to eight years in prison on charges stemming from a series of armed robberies committed in February and March of 2016 using the website OfferUp to lure multiple victims to Southeast Washington, U.S. Attorney Channing D. Phillips announced today.

            Crocker and Blaine were charged as adults given the serious nature of their crimes. They pled guilty in July 2016 in the Superior Court of the District of Columbia.  Crocker pled guilty to three counts of armed robbery for offenses on Feb. 28, 2016, and March 18, 2016, and Blaine pled guilty to two counts of armed robbery for offenses on Feb. 25, 2016, and March 17, 2016.  They were sentenced on Oct. 21, 2016 by the Honorable Juliet McKenna.  Upon completion of their prison terms, the defendants will be placed on five years of supervised release.

            According to the government’s evidence, on Feb. 25, 2016, at about 9:30 p.m., Blaine and Crocker went to the front of the Capitol View Library, in the 5000 block of Central Avenue SE, to meet two victims who responded to an ad for three iPhone 6s’es placed on OfferUp. He and Crocker jumped into the back seat of the victims’ vehicle, at which point Blaine pulled out an imitation firearm and pointed it at the two victims, who were seated in the driver’s seat and front passenger’s seat respectively.  Both Blaine and Crocker shouted words to the effect of “Give me the money.”  The first victim handed over about $120 and the second victim handed over at least $500. Blaine and Crocker demanded additional money, and the first victim told them that they did not have any more money but had a bank card.  Blaine and Crocker then ordered the first victim to drive at gunpoint to an ATM and gave directions along the way.  While enroute, the victims saw a Metropolitan Police Department (MPD) cruiser coming towards them.  The first victim stopped the car in the middle of the intersection of Central Avenue SE and 52nd Street SE to get the attention of the police officers.  Both Blaine and Crocker fled from the car, and MPD officers pursued them but were unable to catch them.

            Three days later, on Feb. 28, 2016, at about 4:45 p.m., a victim came to the 5100 block of Astor Place SE in response to an ad for three iPhone 6Ss’es placed on OfferUp.  Crocker came out of 5120 Astor Place SE to meet the victim, said that someone would be out in a few minutes to sell him the iPhone, and then went back inside. A few minutes later, Crocker came back outside and told the victim to drive into the driveway between the buildings of 5120 Astor Place SE, which leads to a parking lot and dumpster.  A second suspect then approached the victim, put a knife to his neck, and demanded his money and cell phone. The second suspect got into the rear left passenger seat with his knife at the victim’s neck.  Crocker got into the front passenger seat with a backpack and pulled out a knife that he brandished at the victim.  Crocker took $500 and the victim’s cell phone.  Both Crocker and the second suspect then fled.

            In a third incident, on March 17, 2016, at about 2 p.m., Blaine and Crocker met yet another victim, who had driven to Astor Place SE in response to an ad for a Mercedes SUV placed on OfferUp. Blaine approached the driver’s side window, pointed an imitation firearm at the victim, demanded his money, and told him not to move. The victim handed Blaine his wallet, from which Blaine removed $1,000 and a photocopy of the victim’s Social Security card.  Blaine demanded more money.  Crocker approached the front passenger’s door and threw a brick through the window, which shattered the window and struck the victim in the hand.  Crocker then opened the front passenger’s side door and went through the glove box and front area of the car, looking for additional money.  Both Blaine and Crocker then fled.

            Finally, on March 18, 2016, at about noon, Crocker, Blaine, and a third suspect came out of 5120 Astor Place SE to meet two victims who came to the block in response to an ad for a Ford truck placed on OfferUp.  One victim got out of the car, while the other remained inside.  The victim asked where the truck was, and Crocker said that it was in the back of the building.  The victim refused to walk around the building and asked to see the title for the vehicle.  Crocker went inside for a few minutes and then returned with white papers, which the victim recognized were not a title.  Crocker grabbed the victim and stuck an imitation firearm into the victim’s side and demanded money. Blaine also stuck a knife at the victim’s side, demanding money.  The victim gave up his wallet, which had $60, credit cards, and his identification.  Blaine then ran to the vehicle, where the second victim was sitting.  Blaine brandished the knife and demanded the second victim’s money.  The second victim took out his wallet and gave Blaine all of his cash, which was $2. Crocker, Blaine, and the third individual fled.

            Both defendants were arrested on March 24, 2016 when MPD executed a search warrant inside 5120 Astor Place SE. Search warrants were later executed on the cell phones, which revealed, among other things, a video of the defendants together the day of the March 17, 2016 robbery flashing large amounts of cash.

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case for the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator John Marsh; Paralegal Specialists Stephanie Gilbert, Antoinette Sakamsa, and Tonya Queen; Victim/Witness Advocate Jennifer Clark, and Assistant U.S. Attorney Jennifer Kerkhoff, who supervised the case.  Finally, he thanked Assistant U.S. Attorneys Natasha Smalky and Thomas Saunders, who investigated and prosecuted the matter.

WASHINGTON – Antwon Pitt, 22, of Washington, D.C., was sentenced today to 60 years in prison on charges involving two home invasions, including one in which he sexually assaulted a woman in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            In one of the two incidents, Pitt was found guilty by a jury on June 8, 2016, of charges of first-degree sexual abuse, kidnapping, first-degree burglary, robbery, threats, and felony assault. In the other, he pled guilty on Sept. 29, 2016, to a charge of second-degree burglary.

            The Honorable Florence Pan sentenced Pitt to the 60-year prison term. Following completion of that time, he will be placed on supervised release and required to register as a sex offender for the rest of his life.

            “Antwon Pitt terrorized two women in separate attacks over one week, invading their homes while one was sleeping and the other doing work,” said U.S. Attorney Phillips. “Today’s sentence will protect our community from this dangerous predator for decades.”

            According to the government’s evidence, the first incident took place on Oct. 6, 2015, at approximately 6:15 a.m. Pitt entered an apartment unit on Michigan Avenue NE, with the intent to steal. Once inside the apartment, he entered a bedroom where a young woman was sleeping. She woke up and saw the defendant, whom she did not know, with her cell phone in his hand. After a brief verbal exchange, Pitt left the apartment, taking with him several items belonging to the woman, including her cell phone, a tote bag, her wallet, multiple identification cards, a debit card, a Metro card, and other personal items. This case led to Pitt’s guilty plea.

            The second incident took place on Oct. 13, 2015, at approximately 2:10 p.m. According to the government’s evidence, the victim was alone and working at home on her computer. Suddenly she saw Pitt standing in her apartment. He had entered through an unlocked door. After learning that the woman was alone, he grabbed her and slammed her onto the floor. He proceeded to violently press his hand over the victim's mouth and nose as he forced her down the hall with his other hand around her throat.  Once in the victim's bedroom, he raped the victim on her own bed.  After the rape, he took the victim's phone, demanded her passcode, and left.  The victim was taken to the hospital where she was treated for her injuries, which included fractured facial bones requiring surgery.

            The Metropolitan Police Department (MPD) obtained surveillance footage from the alley by the victim's building showing a suspect walking through the alley after the rape wearing a backpack and bright orange shoelaces.  MPD was then able to track the victim's phone to a gas station in Mitchellville, Md., where Pitt, who matched the description of the person in the surveillance footage and the description provided by the victim, was stopped.  At the time of his stop, Pitt had the victim's phone and checks made out to the victim's husband, as well as a pair of gloves. Pitt’s DNA and the victim's DNA were found on gloves. Pitt also had the wallet and various other items belonging to the victim of the first home invasion.

            At the time of the crimes, Pitt was on release in a pending drug case. He has remained in custody since his arrest.

            In announcing the sentence, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the U.S. Secret Service, the FBI, the U.S. Marshals Service, the Metro Transit Police Department, the District of Columbia Department of Forensic Sciences, Sorenson Forensics, and Signature Science, LLC. He acknowledged the efforts of a team that worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donhue Troy Griffith and D’Yvonne Key, Victim/Witness Advocates Tracey Hawkins and Veronica Vaughan, and Criminal Investigator John Marsh. Finally, they commended the work of Assistant U.S. Attorneys Sarah McClellan and Luke Jones, who investigated and prosecuted the case.

WASHINGTON – Jason Edwards, 32, of Washington, D.C., was sentenced today to 15 years in prison on charges stemming from an incident last Halloween in Northeast Washington in which he shot a man, U.S. Attorney Channing D. Phillips announced.

            Edwards was found guilty in June 2016 by a jury in the Superior Court of the District of Columbia of one count of assault with intent to kill while armed, one count of assault with significant bodily injury while armed, two counts of possession of a firearm during a crime of violence, and one count of unlawful possession of a firearm.  He was sentenced by the Honorable Anita Josey-Herring. After his prison term, he will be placed on five years of supervised release.

            According to the government’s evidence, on October 31, 2015, Edwards arranged to purchase marijuana from the victim, his former coworker.  The two men communicated via text message to set up the meeting.  Edwards had the victim meet him in the 3100 block of Channing Street, NE.  Instead of purchasing marijuana, Edwards—who was wearing a Batman costume—took out a gun and shot the victim in the upper chest.  As the victim ran away, Edwards chased him down the street and fired six additional shots, one of which struck the victim in his leg.  Fortunately, neither gunshot wound was fatal.  The victim was able to identify Edwards by first name within minutes of police arriving on the scene.  During its investigation, the government obtained cell site data from Edwards’ phone that placed him in an area consistent with where the shooting took place.

            In announcing the sentence, U.S. Attorney Phillips praised the work of those who worked on the case from the Metropolitan Police Department, the District of Columbia Department of Forensic Sciences, and the FBI.  He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Clark and Jennifer Allen; Litigation Technology Specialists Leif Hickling, Anisha Bhatia and Aneela Bhatia; Investigative Analyst Zachary McMenamin, and Paralegal Specialist Donville Drummond, Nicole McGhee, and Kalisha Johnson-Clark. Finally, he commended the work of Assistant U.S. Attorneys Kondi Kleinman and Laura Crane, who investigated and prosecuted the case.

WASHINGTON – Leroy Robinson, 32, of Washington, D.C., was sentenced today to 54 months in prison after earlier pleading guilty to charges stemming from a recent shoot-out that took place in broad daylight in Northeast Washington, announced U.S. Attorney Channing D. Phillips.

            Robinson pled guilty in July 2016, in the Superior Court of the District of Columbia, to charges of assault with a dangerous weapon and unlawful possession of a firearm. He was sentenced by the Honorable Neil E. Kravitz. Upon completion of his prison term, Robinson will be placed on three years of supervised release.

            In entering his guilty plea, Robinson admitted to being an initial aggressor in a shoot-out that occurred in broad daylight on the morning of June 1, 2016. According to the evidence, at approximately 9:45 a.m., Robinson and an unknown suspect exchanged gunfire with a group of individuals in the 1300 block of Brentwood Road NE. Surveillance video shows Robinson and the unknown suspect firing gunshots in the direction of two parked cars.  The video further shows the muzzle flash of Robinson’s firearm moments after an innocent civilian entered into one of these cars.  As a result of the gunshots, the side and rear windows of the civilian’s car were destroyed.  Numerous gunshots also struck the front driver’s side and rear of the civilian’s vehicle, which was riddled with bullets.  Amazingly, none of these bullets struck the civilian.

            Robinson was struck by a bullet and crawled away from the scene.  When law enforcement arrived, they saw him in a grassy area across from the area of the shooting, suffering from a gunshot wound.  Law enforcement also found an empty gun holster on his waistband.  

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the work of Assistant U.S. Attorneys Tamika Griffin Moses and Richard Barker, who investigated and prosecuted the case.

WASHINGTON – Joseph Jennings, Jr., 35, of Washington, D.C., pled guilty today to a charge of second-degree murder while armed for killing a man this year after breaking into his condominium in Northwest Washington, U.S. Attorney Channing D. Phillips announced.

            Jennings pled guilty in the Superior Court of the District of Columbia. He is to be sentenced Dec. 16, 2016, by the Honorable Michael Ryan.

            According to the government’s evidence, Jennings spent the early morning of Jan. 22, 2016 getting high at his residence in Southeast Washington. Later that morning, according to the government’s evidence, Jennings joined with two other men in a plan to break into a condominium in the 400 block of M Street NW and steal marijuana. At about 9:48 a.m., Jennings used an object to forcibly pry open the locked front door to the building. One of his accomplices waited nearby, while Jennings and the other man continued inside. As they attempted to gain entry to the unit through a sliding glass balcony door, the victim, Matthew Shevlin, fled out of the front door and began screaming for help.

            Jennings chased Mr. Shevlin, and a struggle ensued before Mr. Shevlin got away. The other man, meanwhile, took a mason jar of marijuana from the apartment. Mr. Shevlin threw a flower pot at the man’s head and got into a second struggle with Jennings. During this struggle, Jennings shot Mr. Shevlin, 37, who later died of multiple gunshot wounds.

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

WASHINGTON – Ryan Matthews, 28, of Washington, D.C., pled guilty today to charges stemming from an incident in which he shot one person and assaulted two others last month in downtown Washington, U.S. Attorney Channing D. Phillips announced.

            Matthews pled guilty in the Superior Court of the District of Columbia to one count of assault with intent to kill, one count of possession of a firearm during a crime of violence, and two counts of assault. The Honorable Michael Ryan scheduled sentencing for Dec. 16, 2016.  

            According to the government’s evidence, on Sept. 10, 2016, at about 3:15 a.m., Matthews approached a complete stranger in the 1300 block of Connecticut Avenue NW and punched him in the abdomen; the victim fell to the ground. Two of the victim’s friends, who were standing nearby, confronted Matthews and asked why he had punched their friend. At this point, Matthews said words to the effect of, “Do you want a piece, too?” and swung at one of the men with his fist, striking him in the neck. A man who was nearby approached Matthews to ask about what happened and Matthews declared words to the effect of, “I guess you want to fight, too.”

            Matthews then beckoned the man to approach him, and the man told Matthews to come to him instead. At this point, Matthews drew a semi-automatic pistol, walked toward the man, and shot him once at close range in the right side of the chest. Other individuals, who were nearby at the time of the shooting, pursued Matthews and flagged down police officers. Matthews, meanwhile, discarded his shirt as he ran away and threw his gun into a dumpster in an alley off 18th Street NW. Police apprehended him and recovered the weapon. The shooting victim was taken to a hospital and is continuing to recover from his injuries.

            In announcing the plea, U.S. Attorney Phillips commended the work of those who responded to the crime and investigated the case from the Metropolitan Police Department’s Second District. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Diana Lim and Assistant U.S. Attorney Michael J. Romano, who investigated and prosecuted the matter.

WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or local charges against two Special Police Officers involved in a confrontation at an apartment building in Southeast Washington that ended with the death of 27-year-old Alonzo Smith.

            The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the November 1, 2015, incident, which included interviews of more than two dozen civilian and law enforcement witnesses, and consultations with the Chief Medical Examiner, Deputy Medical Examiner, and Chief Toxicologist at the Office of the Chief Medical Examiner for the District of Columbia. The investigation also included the review of autopsy and toxicology reports; body-worn camera footage which depicts part of the incident; 911 calls and radio transmissions; Mobile Crime reports and photographs; physical evidence recovered on the scene, at the hospital, and from Mr. Smith’s vehicle; DNA, fingerprint and drug evidence recovered on the scene and from Mr. Smith’s vehicle; and cellphone and cell site data.

            After this review, the U.S. Attorney’s Office concluded that the evidence is insufficient to prove beyond a reasonable doubt that the Special Police Officers violated Mr. Smith’s civil rights by using excessive force or that they possessed the requisite criminal intent at the time of the events. Rather, the evidence shows that Mr. Smith suffered a sudden cardiac incident that resulted in death. At the time, Mr. Smith was under the influence of a significant amount of cocaine and was being restrained by the Special Police Officers, both of which may have contributed to the cardiac incident. While the Medical Examiner listed the manner of death forensically as “homicide,” reflecting that the conduct of another person may have contributed to Mr. Smith’s death, a manner of death determination is insufficient, in and of itself, to establish that another person is criminally responsible for an individual’s death.

            According to the evidence, on November 1, 2015, at approximately 2:25 a.m., Mr. Smith arrived at the Marbury Plaza apartment complex, in the 2300 block of Good Hope Road SE, to visit a friend in a high-rise building that is part of the complex. After parking his vehicle in the 2300 block of Good Hope Road, Mr. Smith went to the friend’s apartment.  Between 3:10 and 3:30 a.m., Mr. Smith abruptly left the building, apparently returning to his car. At approximately 3:30 a.m., one of the Special Police Officers saw Mr. Smith run out from the building entrance towards the grassy area in front of the high-rise. Mr. Smith, who was wearing pants but no shoes or shirt, hid in the bushes; got up and hid behind the “Marbury Plaza” sign; lay down on the ground; and ran back towards the front of the building. There was nobody near Mr. Smith. The Special Police Officer radioed a second Special Police officer for assistance.

            Mr. Smith then ran towards the rear parking lot of the nearby three-story garden apartments, and the Special Police Officers followed, walking approximately 50 feet behind Mr. Smith, who was yelling “help, help.” Mr. Smith continued to run through the rear parking lot to the walkway next to the garden apartment building at 2312 Good Hope Road, and then to the front parking lot while continuing to yell “help.” Between 3:30 a.m. and 4:00 a.m., multiple civilian witnesses from inside 2312 Good Hope Road and from the high-rise apartment building across the street saw Mr. Smith running around outside, shirtless and shoeless, and heard him yelling for help. Some witnesses reported hearing Mr. Smith yelling “they’re trying to kill me,” while another witness reported hearing Mr. Smith yelling “she’s trying to kill me.” None of the witnesses, however, reported that anyone was chasing or assaulting Mr. Smith or that the Special Police Officers were doing anything other than walking, at a distance, behind him. There is also no evidence that the Special Police Officers ever caught up to, or assaulted, Mr. Smith while he was on the grounds of the Marbury Plaza apartment complex outside of 2312 Good Hope Road.

            At 4:02 a.m., a resident of the high-rise building reported seeing Mr. Smith running around outside, and then running into 2312 Good Hope Road, with nobody behind him.  According to multiple residents of 2312 Good Hope Road, once inside, Mr. Smith started banging on their doors and yelling “help.”  Because the residents believed Mr. Smith was on drugs, none of the residents opened their doors. One resident saw Mr. Smith trying to climb the interior fire escape ladder that leads to the roof.

            At approximately 4:03 a.m., one of the Special Police Officers entered 2312 Good Hope Road and saw Mr. Smith on the top floor of the building. Two residents reported hearing a voice calmly telling Mr. Smith to come down from the ladder and to “calm down.”  Mr. Smith then tried to jump past the Special Police Officer and/or over the railing. The Special Police Officer grabbed Mr. Smith in a bear hug-type move, pivoted, and put Mr. Smith onto the floor on the staircase landing that is one flight up from the ground level. The other Special Police Officer arrived after Mr. Smith was on the landing. While Mr. Smith remained on his stomach, the Special Police Officers attempted to handcuff Mr. Smith, who was using his left hand to grip the staircase and pull himself forward. The Special Police Officers ultimately utilized two sets of handcuffs to secure Mr. Smith. There is no evidence that during this interaction with Mr. Smith, either Special Police Officer punched, kicked, or otherwise struck Mr. Smith, and no resident reported hearing any sounds of a struggle in the hallway.

            At 4:05 a.m., two MPD officers arrived and ran into the building. Both MPD officers were equipped with body worn cameras, which were activated.  Mr. Smith was lying on his stomach on the staircase landing one flight up, handcuffed behind his back. One of the Special Police Officers was kneeling by, and occasionally on, Mr. Smith’s lower back, while the other Special Police Office was holding Mr. Smith’s head down. As reported to the MPD dispatcher, Mr. Smith was conscious and breathing at that time. The Special Police Officers informed the MPD officers that they believed that Mr. Smith was under the influence of PCP. Upon being told that Mr. Smith was under the influence of PCP, one of the MPD officers ran back outside to the cruiser to get shackles for Mr. Smith’s legs to further secure Mr. Smith in case of a drug-induced violent outburst. The other MPD officer remained with Mr. Smith and the two Special Police Officers. After the shackles were placed on Mr. Smith’s ankles, and approximately one minute after the MPD officers’ arrival, the officers realized that Mr. Smith had stopped moving and making sounds, although he still had a pulse. As one MPD officer again updated the dispatcher, the other MPD officer began administering CPR, which continued until the 4:11 a.m. arrival of the first personnel from the District of Columbia Fire and Emergency Medical Services Department. After several minutes of rendering medical attention to Mr. Smith and finding no vital signs, EMS personnel transported Mr. Smith to United Medical Center where, at 5:08 a.m., Mr. Smith was pronounced dead.

            The Office of the Chief Medical Examiner performed the autopsy and concluded that the cause of Mr. Smith’s death was “sudden cardiac death complicating acute cocaine toxicity while restrained” with a contributing factor of “compression of torso,” and that the manner of death was homicide. There were no injuries to any of Mr. Smith’s vital organs, to include his heart; no signs of trauma to Mr. Smith’s spine, neck, or brain; no broken bones; and no injuries to Mr. Smith’s face, teeth, oral cavity, chest, or genitalia. The autopsy report further revealed that Mr. Smith had “blunt force injuries” that were described as abrasions, contusions and subcutaneous hemorrhages on his head (a 3/16th superficial abrasion), neck (a hemorrhage caused by medical intervention); torso (minor contusions and abrasions, and a deep muscular hemorrhage on his back); and extremities (minor abrasions or hemorrhages on his shoulders, elbows, forearm, wrists, and feet). Finally, a comprehensive toxicology screening revealed that Mr. Smith had THC, which is the active ingredient in marijuana, and an exceedingly high amount of cocaine in his blood.  Cocaine intoxication can produce reactions similar to that normally associated with PCP, to include hallucinations, an increase in body temperature, and erratic behavior.

            Use-of-force investigations generally

            The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law.  To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary.  Proving “willfulness” is a heavy burden.  Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids.  A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.

            The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated.  The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.

The husband of the former Deputy Chief of Mission in Rabat, Morocco, pleaded guilty today to sexually abusing a former household staff member from 2010 to 2013.  

Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS) made the announcement. 

Labib Chammas, 65, of Reston, Virginia, pleaded guilty to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Sentencing was set for Jan. 4, 2017.

In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years.  According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members.  Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia.  On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.

DSS investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.

WASHINGTON – The husband of the former Deputy Chief of Mission in Rabat, Morocco, pleaded guilty today to sexually abusing a former household staff member from 2010 to 2013, announced U.S. Attorney Channing D. Phillips, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, and Director Bill A. Miller of the U.S. Department of State’s Diplomatic Security Service (DSS).

            Labib Chammas, 65, of Reston, Virginia, pleaded guilty to one count of abusive sexual conduct before U.S. District Judge Christopher R. Cooper of the District of Columbia.  Sentencing was set for Jan. 4, 2017.

            In pleading guilty, Chammas admitted that between August 2010 and February 2013, while living in State Department-owned housing in Rabat, he sexually abused a woman who had worked at the residence for 16 years.  According to the plea agreement, Chammas supervised the staff at the residence and repeatedly threatened to fire staff members.  Out of fear that she would lose her job, the victim complied with Chammas’s requests that she massage his legs, hip and back, and then with his subsequent demands that she “massage” his genitalia.  On at least five occasions, Chammas took the victim by her head or hair and attempted to force her to perform oral sex.

            DSS investigated the case.  Assistant U.S. Attorney Andrea Hertzfeld of the District of Columbia and Special Counsel Stacey Luck and Trial Attorney Jamie Perry of the Criminal Division’s Human Rights and Special Prosecutions Section are prosecuting the case.