District of Columbia
Press releases recorded for this federal judicial district.
District Man Sentenced to Prison for Possession of Firearm in Southeast WashingtonRead the Press Release
WASHINGTON – Dustin Evans, 30, of Washington, D.C., was sentenced yesterday to a 62- month prison term for unlawful possession of a firearm, U.S. Attorney Channing D. Phillips announced.
Evans pled guilty on April 19, 2016, in the United States District Court for District of Columbia, to the charge of unlawful possession of a firearm after being convicted of a crime punishable by more than one year of imprisonment. The Honorable John D. Bates sentenced Evans on June 29, 2016, to a total of 62 months in prison, followed by three years of supervised release.
According to the government’s evidence, on October 31, 2015, at approximately 7:00 p.m., members of the Metropolitan Police Department received information that a black male wearing a dark-colored jumpsuit with tennis shoes and dreadlocks, was pointing a firearm at an unknown person in front of 2307 Good Hope Court, Southeast, in the District of Columbia. Several officers observed Evans, who matched the lookout description, in front of 2307 Good Hope Court, Southeast. The officers approached Evans, who fled the area, and when the officers followed Evans, an officer observed Evans throw a firearm to the ground. The recovered firearm was determined to be a Glock 17, 9mm, semi-automatic firearm, and contained 17 rounds of ammunition. Evans was detained, and law enforcement subsequently determined that Evans had been previously convicted of an offense that was punishable by more than one year of imprisonment.
In announcing the sentence, U.S. Attorney Phillips commended the work of the officers, and others who worked on the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, Including Assistant U.S. Attorney Vivien Cockburn, who investigated and prosecuted the case.
District Man Found Guilty of Shooting in Northeast WashingtonRead the Press Release
WASHINGTON – Jason Edwards, 32, of Washington, D.C., was found guilty on Wednesday of five felony charges stemming from an incident last Halloween in Northeast Washington in which he shot a man, U.S. Attorney Channing D. Phillips announced today.
On June 29, 2016, Edwards was found guilty by a jury of 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. The Honorable Anita Josey-Herring presided over the trial. Sentencing is scheduled for August 30, 2016.
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 verdict, U.S. Attorney Channing D. Phillips praised the work of those who worked on the case from the Metropolitan Police Department, the 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 Advocate Jennifer Clark; Litigation Technology Specialists Anisha Bhatia and Aneela Bhatia; and Paralegal Specialist Donville Drummond. Finally, he commended the work of Assistant U.S. Attorneys Kondi Kleinman and Laura Crane, who investigated and prosecuted the case.
Virginia Man Found Guilty of First-Degree Murder While Armed in 1984 Slaying of Woman in Southeast WashingtonRead the Press Release
WASHINGTON – Joe Anthony Barber, 58, formerly of Woodbridge, Va., was found guilty today of first-degree murder while armed for the 1984 slaying of a woman at her apartment in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department.
Barber was found guilty by a jury following a trial in the Superior Court of the District of Columbia. The Honorable Robert E. Morin scheduled sentencing for Sept. 30, 2016. Barber faces a sentence of 20 years to life in prison for the crime.
According to the government’s evidence, on Jan. 1, 1984, the body of the victim, Rachel Cox, 43, was found at 6:30 a.m., when her daughter came home to their apartment in the 3300 block of Sixth Street SE. Ms. Cox was found on the floor, partially covered with a comforter, with her hands tied behind her back, her underwear at her feet, and 12 stab wounds to her torso, which injured her liver and heart. The victim’s daughter had last seen her mother on New Year’s Eve just before midnight.
Vaginal swabs taken from the body during the 1984 autopsy were submitted for DNA analysis in April 2013. Semen was found on the swabs and a profile was developed. Barber was identified as a suspect through the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool. Barber’s profile was in the system as a result of a 1984 conviction in an unrelated rape case. Further investigation led to Barber’s arrest in November 2013, and he has been in custody since that time.
In announcing the verdict, U.S. Attorney Phillips and Chief Lanier commended the work of those who investigated the case 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 Litigation Technology Specialists Leif Hickling and Paul Howell; Paralegal Specialists Alesha Matthews Yette, Debra Joyner, Stephanie Siegerist, and Benjamin Kagan-Guthrie, Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Victim/Witness Advocates Jennifer Clark and Karen Giannakoulias, and Victim/Witness Services Coordinators Tonya Jones and Katina Adams-Washington. Finally, they commended the work of Assistant U.S. Attorney and S. Vinét Bryant, who investigated, indicted and prosecuted the matter.
U.S. Attorney's Office Concludes Investigation into Fatal Shooting in Northeast WashingtonRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that it has completed its review of the fatal shooting of Darick Napper by a Metropolitan Police Department (MPD) officer on Nov. 19, 2015, at an intersection in Northeast Washington. After a careful review of all of the evidence, the U.S. Attorney’s Office has concluded that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against the officer involved in the fatal shooting of Mr. Napper.
The U.S. Attorney’s Office for the District of Columbia and MPD conducted a comprehensive review of the incident, which included interviews of law enforcement and civilian witnesses and assessing photographs, DNA, diagrams, physical evidence, recorded radio communications, the autopsy report, and other evidence.
According to the evidence, the shooting took place on Nov. 19, 2015, at approximately 1:52 p.m., at the intersection of Clay Terrace and 53rd Street NE. Mr. Napper walked up a hill next to a neighborhood community center, where he encountered the MPD officer, who was sitting in her cruiser finishing some paperwork before the end of her shift. Mr. Napper leaned down and put his face near the officer’s partially opened driver’s side window. He had a large knife raised up and visible in his hand. The officer immediately reported to the dispatcher that she had a “man standing in front of me with a knife” and told the dispatcher to send back-up.
The officer then slowly reversed her cruiser to put space between her and Mr. Napper, and then got out and stood behind her open door. At that point, the officer did not have her weapon out. She repeatedly ordered Mr. Napper to “drop the knife, drop the knife,” which was heard over the radio by responding officers. Mr. Napper ignored her commands and started banging on the hood of the cruiser, damaging the vehicle. The officer took out her weapon and again told Mr. Napper to drop the knife. He replied, “I will kill you out here,” and moved quickly towards her. The officer fired one shot that fatally wounded Mr. Napper in the upper left chest area.
In addition to the knife, which had a nine-inch blade, at the time of the confrontation with the officer, Mr. Napper was wearing a camouflaged “brass knuckles knife” – which is brass knuckles with serrated knives over each knuckle – in his left hand.
Moments before the shooting, multiple civilian witnesses reported seeing Mr. Napper threatening several civilians outside the community center. Mr. Napper had both the “brass knuckles knife” and the large knife, described by one witness as a “butcher knife.” As one of the civilian witnesses called 911, Mr. Napper approached the MPD officer’s vehicle.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officer used excessive force under the circumstances.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
U.S. Attorney Phillips to Host Sixth Annual Youth Summit at Friendship Collegiate Academy in Northeast WashingtonRead the Press Release
WASHINGTON – U.S. Attorney Channing D. Phillips, the U.S. Attorney’s Office for the District of Columbia, the Project Safe Neighborhoods Task Force, and a wide variety of law enforcement and community partners are coming together again this year to sponsor their sixth annual “Breaking the Silence on Youth Violence” Youth Summit.
The event is Thursday, June 30, 2016, at Friendship Collegiate Academy.
The sixth annual summit will focus on youth making better decisions to achieve success, youth’s role in preventing violent crime, and the need to cooperate with law enforcement to solve violent crime. The event will feature dynamic speakers, entertainment, and valuable information and resources for our youth.
Youths from throughout the District of Columbia are invited to the free program, which will start with the doors opening at 10 a.m. and run to 3 p.m. Friendship Collegiate Academy, 4095 Minnesota Avenue NE, is conveniently located directly across the street from the Minnesota Avenue Metro station in order to provide accessibility for students to attend.
The summit is one of the largest events sponsored by the U.S. Attorney’s Office each year, and each year has drawn hundreds of youths from throughout the city. The program assembles young people from under-served neighborhoods in the District of Columbia to discuss the most pressing public safety challenges facing their communities. The goal of the program is to reach out to area youth on current public safety topics in an informative and inspiring way.
This year, a key topic will be awareness and prevention of human trafficking. Tina Frundt, a human trafficking survivor and founder of Courtney House, will to speak to teens about the dangers of being lured and manipulated into the nationally growing travesty of human trafficking. Younger children will learn about gun safety and gang prevention. The summit will also include an information fair in which more than 20 non-profit organizations will provide information on youth development programs, mentoring, and education activities.
Numerous partners will be coming together to present the day’s programs, including the U.S. Attorney’s Office for the District of Columbia; Friendship Collegiate Academy; the Metropolitan Police Department (MPD); the Mayor Barry Youth Leadership Institute; the District of Columbia Office of the Attorney General; Hillcrest Children and Family Center; Collaborative Solutions for Communities; East of the River Family Support Collaborative; the District of Columbia Department of Parks and Recreation; the D.C. Project Safe Neighborhood Task Force; Project Shine, and National Center for Missing and Exploited Children The effort is supported by Project Safe Neighborhoods, a Department of Justice initiative aimed at reducing gun and gang crimes. Those with questions or interest in bringing a youth group to the Youth Summit may contact External Affairs Specialist Melanie Howard at the U.S. Attorney’s Office at (202)-252-6930 or [email protected].
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Former High School Assistant Track Coach Sentenced to 17 1/2 Years in Prison for Sexually Abusing Seven StudentsRead the Press Release
WASHINGTON - Charles Young, 35, of Washington D.C., was sentenced today to 17 ½ years in prison for sexually abusing seven different male students at Dunbar Senior High School, announced U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD). The abuse occurred between January 2013 and May 2014, during which time the defendant worked at Dunbar as a business manager and assistant track coach.
Young pled guilty in February 2016, in the Superior Court of the District of Columbia, to seven felony counts of sexual abuse, including first-degree child sexual abuse with aggravating circumstances, attempted first-degree sexual abuse of a minor, and multiple counts of attempted second-degree sexual abuse of a minor. Each of the seven counts concerns a different victim. He was sentenced by the Honorable Robert E. Morin. Upon completion of his prison term, Young will be placed on supervised release for the rest of his life. He also must register as a sexual offender for the remainder of his life.
According to the government’s evidence, from 2012 to 2014, Young was employed as Dunbar’s business manager and was responsible for managing the school’s finances. Although he did not teach any classes, he served as a senior class advisor, designed and distributed Dunbar school apparel, volunteered as an assistant boys’ track coach, and held other responsibilities that regularly put him in contact with students.
Between January 2013 and May 2014, Young sexually abused seven male students, all between the ages of 14 and 17 years old. All the incidents occurred on the Dunbar campus, which is located in the 100 block of N Street NW. In one incident that occurred in the fall of 2013, a 15-year-old came to Young’s office to borrow a shirt to wear at basketball practice. Young led the boy into a closet next to his office that contained Dunbar apparel, closed the door, and eventually began performing oral sex on the student. In another incident that occurred in February or March 2013, a 17-year-old came to Young’s office to pay school fees. Once alone with the student, Young had him lift his shirt and pull down his pants and underwear purportedly so that he could show the student, who was an athlete, muscle groups he needed to strengthen. Young had the student pull down his pants and underwear, began touching the student’s penis with his hand, and pressed his mouth to the student’s penis.
On multiple occasions, Young used his position as a track coach to sexually abuse his juvenile victims. In one incident in November 2013, Young brought a 16-year-old to an empty bathroom after track practice, purportedly to provide him some additional one-on-one coaching. Inside the bathroom, he began touching the student on his stomach, pointing out muscle groups the defendant claimed needed work. Young gradually began lowering the student’s shorts before grabbing the boy’s penis and attempting to pull it out of his pants. In a separate incident that occurred in January or February of 2014, Young called a 14-year-old to his office to try on the new track team uniforms. After the student disrobed, Young began touching the student’s abdomen, pointing out exercises he could do to deepen his abdominal muscles. Young began touching the student near his groin and began pulling the student’s underwear down, exposing his penis. He then touched the boy’s penis with his hand.
The defendant would also voice concerns about student hygiene as a ploy to sexually abuse them. On multiple occasions, Young, while alone with a male student, would claim that the student smelled bad, apply hand sanitizer or lotion to his hand, and begin rubbing the boy’s abdomen, claiming that he was getting rid of the smell. Young would then attempt to reach into the boy’s pants and touch his penis.
The abuse came to light in November 2014 when one of the students reported to Dunbar administrators that the defendant had sexually abused him. That student’s disclosure triggered an investigation that ultimately uncovered seven different students whom Young had sexually abused over the span of just three school semesters. Young has been in custody since his arrest in November 2014.
In announcing the sentence, U.S. Attorney Phillips and Chief Lanier commended the work performed by detectives from the Metropolitan Police Department’s Youth and Family Services Division. They also recognized the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Tracey Hawkins, Victim/Witness Services Coordinator Katina Adams-Washington, Litigation Technical Specialist Jeanie Latimore-Brown, Paralegal Specialist D’Yvonne Key, Criminal Investigators John Marsh and Mark Fitzgerald, former Legal Interns Stephanie Dinan and Emma MacArthur, and Assistant U.S. Attorneys Chrisellen Kolb and Sarah McClellan. Finally, they commended the work of Assistant U.S. Attorney Jodi Lazarus, who conducted much of the investigation, and Assistant U.S. Attorneys Jason Park and Julianne Johnston, who prosecuted the case.
Former MCC Construction Company Officer and Owner Pleads Guilty to Conspiring to Obstruct Government ProceedingRead the Press Release
WASHINGTON – Thomas Harper, a former officer and owner of MCC Construction Company (MCC), pled guilty today to conspiring to obstruct justice before the Small Business Administration (SBA). Harper also agreed to pay restitution in the amount of $165,711.
The plea was announced by U.S. Attorney Channing D. Phillips of the U.S. Attorney’s Office for the District of Columbia; Principal Deputy Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division; Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office; Peggy E. Gustafson, Inspector General for the Small Business Administration (SBA); Carol Fortine Ochoa, Inspector General of the U.S. General Services Administration (GSA); Brian J. Reihms, Special Agent in Charge of the Central Field Office of the Defense Criminal Investigative Service (DCIS), and Frank Robey, Director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU).
“This prosecution and the broader investigation that led to these charges demonstrate the resolve of law enforcement to protect the integrity of federal contracting rules meant to assist small, disadvantaged businesses,” said U.S. Attorney Phillips. “We are committed to ensuring that the benefits of this important government program go only to those companies that truly are socially and economically disadvantaged and deserving of the work.”
“Today's guilty plea ensures that the defendant does not profit from his crimes,” said Principal Deputy Assistant Attorney General Hesse. “The Antitrust Division will continue to work with our colleagues at the U.S. Attorney’s Office and in law enforcement to expose and punish schemes like this that defraud taxpayers and legitimate small business owners.”
“The FBI will aggressively investigate those who seek to profit by fraudulently competing for government contracts intended for small businesses,” said Assistant Director in Charge Abbate. “I want to thank the dedicated FBI special agents and analysts, as well as our partner agencies, for their hard work in protecting fair federal contracting opportunities for socially and economically disadvantaged businesses in our community.”
“Fraudulently passing work through eligible small businesses to a large business does not provide taxpayers the best value and certainly does not support the role of small businesses as engines of economic development and job creation. In fact, it subverts the purpose of SBA’s preferential contracting programs and harms the small businesses the programs are designed to assist,” said SBA Inspector General Gustafson. “I want to thank the U.S. Attorney’s Office and our law enforcement partners for their leadership and dedication to serving justice.”
“This fraudulent scheme deceived taxpayers and deprived legitimate small businesses of lucrative contracts,” said GSA Inspector General Ochoa. “We are committed to rooting out such exploitative conduct.”
“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.
“There is an absolute need and purpose to assist small and disadvantaged businesses in the contracting process," said Director Robey, "Special Agents from Army CID will continue to work closely with our law enforcement partners to make every contribution possible to bring persons to justice who violate that purpose."
Harper, 46, of Colchester, Conn., was charged in a criminal information on June 6, 2016, in the U.S. District Court for the District of Columbia, with one count of conspiring to obstruct proceedings before a department or agency. He waived the requirement of being charged by way of federal indictment, agreed to the filing of the information, and accepted responsibility for his criminal conduct. The charge carries a statutory maximum of five years in prison and potential financial penalties. According to the government’s calculations, Harper could face a potential range of 10 to 16 months in prison under federal sentencing guidelines. The Honorable Ketanji Brown Jackson scheduled a status hearing in the case for Sept. 20, 2016.
According to court documents, MCC and others conspired with two companies that were eligible to receive federal government contracts set asides for small, disadvantaged businesses with the understanding that MCC would, illegally, perform all of the work. 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.
Court documents state that in one of these contracts, the GSA contracting officer filed a protest with the SBA, claiming that one of the companies was other than a small business because of its relationship with MCC. The SBA opened a proceeding to determine whether MCC’s bid on behalf of one of the companies violated SBA rules and regulations. Harper and others took steps to corruptly influence, impede, and obstruct the SBA size determination protest by willfully and knowingly making false statements to the SBA about the extent and nature of the relationship between MCC and one of the companies.
Court documents also state that MCC violated the provisions of the SBA 8(a) program. The SBA 8(a) development program 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% owned and controlled by a U.S. citizen (or citizens) of good character who meet 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.
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.
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 is being handled by Assistant U.S. Attorney Matt Graves and John Marston of the U.S. Attorney’s Office for the District of Columbia and Assistant Chief Craig Y. Lee and Trial Attorneys Kevin B. Hart and Justin P. Murphy of the Antitrust Division.
Convicted Sex Offender Sentenced to 94 Months in Prison for Sexually Abusing a Child While Failing to Register as a Sex OffenderRead the Press Release
WASHINGTON – Andre Hammond, 35, of Washington, D.C., has been sentenced to 94 months in prison for sexually abusing a female child and committing a crime of violence while failing to register as a sex offender, announced U.S. Attorney Channing D. Phillips and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
Hammond pled guilty in September 2014, in the U.S. District Court for the District of Columbia, to one count of failure to register as a sex offender and one count of commission of a crime of violence while failing to register as a sex offender, in violation of the Sex Offender Registration and Notification Act (SORNA). He also pled guilty to one count of second-degree child sexual abuse. He was sentenced on June 21, 2016, by the Honorable Ketanji Brown Jackson. Following his prison term, Hammond will be placed on 20 years of supervised release.
Hammond has one prior misdemeanor conviction, in 2009, in the District of Columbia for a sex offense involving a different minor female victim, which requires him to register as a sex offender. According to the government’s evidence, he initially registered in the District of Columbia but soon moved to Maryland and did not register his new address with the District of Columbia Sex Offender Registry or with any Maryland registry. In 2011, Hammond moved from Maryland back to the District, but continued to falsely register a District of Columbia address where he was not actually residing. While failing to properly register as a sex offender in the District of Columbia, Hammond then committed a new sex offense involving a child who he repeatedly molested over the course of almost four years. He was arrested in October 2013.
As part of an overall strategy to combat child exploitation, the U.S. Marshals Service launched a nationwide operation to target sex offenders who violate SORNA by knowingly failing to comply with their sex offender registration requirements. SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist states in locating and apprehending non-compliant sex offenders.
In announcing the sentence, U.S. Attorney Phillips and U.S. Marshal Hughes praised the work of Senior Inspector Floriano Whitwell and other members of the D.C. Superior Court Sex Offender Investigations Section of the U.S. Marshals Service, who investigated the case. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialist Donhue Troy Griffith, Victim/Witness Advocate Elsa Maltese, Forensic Child Interviewer Karen Giannakoulias, and Criminal Investigator John Marsh. Finally, they commended the work of former Assistant U.S. Attorney Heide Herrmann and Assistant U.S. Attorney Sarah McClellan, who prosecuted the case.
U.S. Attorney's Office Honors 170 Officers and Agents for Outstanding Work in Law EnforcementRead the Press Release
WASHINGTON - The U.S. Attorney’s Office today honored about 170 law enforcement officers, agents, and investigators for their outstanding work on dozens of cases that led to the convictions of murderers, sex offenders, gang members, fraudsters, and other criminals. The event took place at the Great Hall of the Robert F. Kennedy Department of Justice Building.
U.S. Attorney Channing D. Phillips said the Office’s 34th Law Enforcement Awards Ceremony recognized the exceptional work performed by honorees on a wide variety of investigations, including those involving violent crimes, narcotics trafficking, fraud and public corruption, and national security matters. The efforts reflect the courage and commitment demonstrated on a daily basis by law enforcement on behalf of the community.
“Thousands of law enforcement officers work long and unpredictable hours to protect the citizens of the District of Columbia from threats at home and overseas,” said U.S. Attorney Phillips. “Their dedication to public service and justice inspires those of us who work with them on a daily basis. Today’s ceremony is a way to express our appreciation for their work.”
The ceremony honored the achievements of people from 23 agencies, including the Metropolitan Police Department (MPD), the FBI, the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Internal Revenue Service-Criminal Investigation (IRS-CI), the Metro Transit Police Department, the Prince George’s County, Md. Police Department and other partners. Their efforts led to convictions in more than 50 cases that had an impact locally, nationally, and internationally.
The U.S. Attorney’s Office recognized the detective work performed by the Metropolitan Police Department in the investigation into the July 4, 2013 murder of 22-year-old Omar Sykes, a student at Howard University. Mr. Sykes was killed and another Howard University student was attacked in a botched attempted armed robbery in the 700 block of Fairmont Street NW. The MPD investigation led to the arrest of a man who pleaded guilty to a charge of second-degree murder while armed and was sentenced to 28 ½ years in prison.
Another team of MPD detectives and an evidence technician was honored for work on the investigation into the August 2011 murder of 91-year-old Viola Drath at her home in Georgetown. Their efforts led to the arrest and prosecution of Ms. Drath’s husband, Albrecht Muth, who had attempted to orchestrate the crime scene in an effort to make it look like his wife died of natural causes. MPD worked tirelessly to prove that Muth had indeed strangled his wife and then positioned her body to make it appear as if she fell in the bathroom and struck her head on the tub. Muth was found guilty in 2014 of first-degree (premeditated) murder with the aggravating circumstances that the murder was especially heinous, cruel, and inflicted on a vulnerable victim. He is serving decades in prison for the crime.
The honorees also included a team from the Metropolitan Police Department and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives that investigated a drive-by shooting that wounded 13 people in March 2013 on North Capitol Street. The violence stemmed from a rivalry between two groups of people that flared up at a nearby nightclub. Gunmen fired a total of 38 shots from two separate cars into a crowd of people walking back to their homes or cars at the Tyler House neighborhood or Sursum Corda neighborhood. Ultimately, 14 individuals were convicted of crimes related to the mass shootings. During this investigation, several other violent crimes were closed, along with over 50 commercial burglaries.
The ceremony also recognized a team from MPD and the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) that conducted an extensive investigation into activities of MS-13 in the Washington, D.C. area. Ultimately, 20 MS-13 members were charged with racketeering and related offenses in U.S. District Court. The defendants were charged with four murders, two attempted murders, and numerous other crimes, including kidnapping, robbery, drug trafficking, extortion, and obstruction of justice. Nearly all pleaded guilty to charges. Three MS-13 leaders went to trial and were found guilty of conspiracy to participate in racketeering activity, murder and other charges. Two of the three leaders were sentenced last year to life in prison and the other was sentenced to a 30-year term.
Additionally, three members of the Metro Transit Police Department were honored for their work leading to the arrest and conviction of a man who stabbed a transgender girl in July 2014 while she was on board a Metrorail train. The victim, 15, was attacked in the late afternoon while on a Green Line train approaching the Fort Totten Metro station in Northeast Washington Her attacker pleaded guilty to a charge of assault with a dangerous weapon, with a hate crime enhancement, and he was subsequently sentenced to 56 months in prison.
The ceremony also recognized a team from the FBI’s Washington Field Office that investigated a Ponzi scheme that cost investors approximately $28.6 million. The scheme collapsed, victimizing more than 150 people. The FBI’s work led to the arrest and prosecution of a Maryland man who pled guilty to securities fraud. He is serving a 28 ½-year prison term.
On the international front, a team from the FBI’s Washington Field Office and the FBI’s Counterterrorism Division was honored for its work on the investigation of the Sept. 16, 2007, shooting at Nisur Square in Baghdad, Iraq, that resulted in the killing of 14 unarmed civilians and the wounding of numerous others. Four Blackwater USA security contractors were found guilty in 2014, following a 10-week trial, of charges stemming from the shootings. The crime scene was large and the investigation required much international travel, both by witnesses and investigators. A total of 71 witnesses, including 30 from Iraq, testified at the trial, representing the largest group of foreign witnesses ever to travel to the United States for a criminal trial.
Two District Men Indicted by Grand Jury on 21 Charges Stemming from Shooting at Southeast Washington Barber ShopRead the Press Release
WASHINGTON – Terrence Atchison and Barry Bloomfield have been indicted by a grand jury on a total of 21 charges, including assault with intent to kill while armed and assault with intent to kill a minor while armed, stemming from a shooting earlier this year at a barber shop in Southeast Washington, announced Channing D. Phillips, the United States Attorney, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Atchison, 20, and Bloomfield, 27, both of Washington, D.C., are to be arraigned on the charges on June 23, 2016 at a hearing before the Honorable Zoe Bush in the Superior Court of the District of Columbia. The indictment, which was returned on June 15, 2016, includes a range of offenses. The lead charge carries a statutory maximum of 30 years in prison.
The indictment followed an investigation by the U.S. Attorney’s Office and the Metropolitan Police Department into the shooting, which took place on Friday, Feb. 12, 2016, at approximately 1:40 p.m. at Wrenn’s Barber Shop in the 1000 block of Eighth Street SE. The barber shop is a longstanding family business in the neighborhood. At the time of the shooting, the shop was bustling with customers. The customers included the two victims: an adult, who was shot in the leg and ankle, and his 21-month-old son, who was shot in the leg.
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.
Atchison was arrested on Feb. 17, 2016, and Bloomfield was arrested on Feb. 18, 2016. They have been in custody while awaiting further court proceedings.
In announcing the indictment, U.S. Attorney Phillips and Chief Lanier commended the work of those who are investigating the case from the Metropolitan Police Department. They acknowledged the work of those handling the case at the U.S. Attorney’s Office, including Paralegal Specialist Allison Daniels and Victim/Witness Advocate James Brennan. Finally, they commended the efforts of Assistant U.S. Attorneys Lisa N. Walters and Thomas N. Saunders, who are prosecuting the matter.
District Man Sentenced to 90-Month Prison Term for Assaulting Security Officer After Shoplifting IncidentRead the Press Release
WASHINGTON – Deandre Britton, 27, of Washington, D.C., has been sentenced to a 90-month prison term after earlier pleading guilty to stabbing a security officer after a shoplifting incident in downtown Washington, U.S. Attorney Channing D. Phillips announced.
Britton pled guilty in February 2016, in the Superior Court of the District of Columbia, to a charge of assault with a dangerous weapon. He was sentenced on June 15, 2016, by the Honorable Anita Josey-Herring. Upon completion of his prison term, Britton will be placed on three years of supervised release.
According to the government’s evidence, on Aug. 11, 2015, at approximately 3:10 p.m., Britton entered the Macy’s Department store at Metro Center, in the 1200 block of G Street NW. He placed assorted items of clothing into a bag and walked out without paying. Two security officers tried to stop Britton and retrieve the stolen items. Without provocation, he stabbed one of them in the upper arm and left wrist several times. The stabbing caused nerve damage to the security officer’s arm. Britton fled, and police broadcast a look-out for him. He was arrested later that day after Metro Transit Police stopped him at Union Station.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metro Transit Police Department and the Metropolitan Police Department. He also expressed appreciation for the work of Assistant U.S. Attorney Nurudeen Elias, who investigated and prosecuted the case.
District Man Pleads Guilty to Bank Robbery Charge for June 2015 Hold-Up in Northwest WashingtonRead the Press Release
WASHINGTON - Michael Johnson, 50, of Washington, D.C., has pled guilty to a bank robbery charge involving a hold-up last year in Northwest Washington, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Johnson pled guilty to the charge on June 21, 2016, in the U.S. District Court for the District of Columbia. In entering his guilty plea, Johnson also admitted responsibility for an additional bank robbery and an attempted bank robbery. He is to be sentenced on Sept. 20, 2016 by the Honorable Richard J. Leon. He faces a statutory maximum of 25 years in prison and potential financial penalties. Under federal sentencing guidelines, he faces a likely range of 70 to 87 months in prison and a potential fine of $20,000 to $200,000.
Johnson remains held without bond pending sentencing.
According to the government=s evidence, on Saturday, June 6, 2015, at approximately 12:40 p.m., Johnson walked into a Wells Fargo Bank in the 3300 block of 14th Street NW. He approached a bank employee and inquired about opening a joint bank account. When the employee asked about the second party for the joint account, Johnson stated that he was not there to open an account, but there “for the money.” Shortly thereafter, Johnson grabbed the bank employee and forced her to the teller stations with what appeared to be a handgun pointed at her body. He threatened to shoot the employee if the tellers did not give him money. A bank teller gave him $910 from one of the teller drawers. Johnson took the cash and fled the bank.
Within a few minutes of the bank robbery, officers with the Metropolitan Police Department saw Johnson in the 1300 block of Kenyon Street NW, a short distance from the Wells Fargo bank. When they attempted to approach him, he fled. After a brief chase, the officers subdued Johnson and later recovered the stolen money in his pants. After Johnson was placed under arrest, he was interviewed by law enforcement. He admitted to robbing the Wells Fargo bank. He also told law enforcement where he discarded the weapon he had used when he fled from the bank. The weapon, a knife shaped like a gun, was recovered shortly thereafter.
The other crimes took place in the weeks leading up to the Wells Fargo Bank robbery.
On May 15, 2015, at approximately 11:35 a.m., Johnson walked into a Wells Fargo Bank in the 1900 block of Seventh Street NW. He told a bank employee that he was there to open an account. After the employee asked for his identification, Johnson handed her a note demanding money and threatening to hurt the employee. The employee told Johnson that she did not have any money at her desk, but that she would get some cash from the teller. As she stood, she pressed the alarm button under her desk. Johnson told her that he saw her push the button and then left the bank. He was later identified by a witness from surveillance video from the bank.
On May 21, 2015, at about 1:15 p.m., Johnson walked into a Citibank in the 3200 block of 14th Street NW. He approached a teller and handed over a note demanding money. Johnson then said, “Give me the cash right now,” while making a threatening gesture towards a customer in a nearby teller line. The teller gave Johnson $1,745 and he fled from the bank. The note was later processed for fingerprints, and a latent print matching Johnson was recovered.
In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Chief Lanier commended the actions of those who worked on the case from the FBI’s Washington Field Office and 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 Catherine O’Neal and Legal Assistant Peter Gaboton. Finally, they commended the work of Assistant U.S. Attorney Jamila Hodge, who is prosecuting the case.
Florida Man Pleads Guilty to Scheming to Collect Compensation for Active-Duty Military Members Who Suffer Foreclosure LossesRead the Press Release
WASHINGTON – David Bernier, 52, of Fort Lauderdale, Fla., pled guilty today to a federal charge stemming from a scheme in which he forged military records and made false statements in an attempt to collect over $700,000 under a federal law meant to protect active duty military members from suffering losses through mortgage foreclosures.
The guilty plea was announced by Channing D. Phillips, U.S. Attorney for the District of Columbia, Michael E. Horowitz, Inspector General for the Department of Justice, and James Springs, Inspector General for the National Archives and Records Administration.
Bernier pled guilty in the U.S. District Court for the District of Columbia to a charge of making a false statement. 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 24 to 30 months in prison and a potential fine of $10,000 to $95,000. The Honorable Colleen Kollar-Kotelly scheduled sentencing for Oct. 4, 2016.
The scheme involved Bernier’s claims that he was entitled to protection under the Servicemembers Civil Relief Act, a law that provides protections for military members as they enter active duty. Among other things, the law prohibits non-judicial foreclosures against service members who are in military service or within the applicable post-service period, as long as they originated their mortgages before their period of military service began.
In 2012, the United States settled two lawsuits against financial institutions accused of improperly foreclosing on mortgages of active duty military service personnel. The court agreements led to the creation of settlement funds out of which payments would be made to qualified individuals whose homes had been wrongfully foreclosed upon.
Bernier filed two such claims in 2014, involving foreclosures that took place in 2008 and 2009 of two condominiums he owned in Fort Lauderdale. In both claims, Bernier stated that the properties were foreclosed upon while he was on active duty in the U.S. Air Force in Iraq. He also provided documentation claiming he had received the Defense Meritorious Service Medal and Citation for conduct in Iraq from July 2008 to March 2010. Under the settlement agreements, if the claims were valid, Bernier could have received a total of $730,000.
However, the financial institutions were unable to substantiate Bernier’s claims, leading him to submit follow-up documents and make statements attesting to his service. In fact, an investigation determined that the documents Bernier had submitted were forgeries. At the time that Bernier supposedly was in Iraq, he was in fact working in the state of Washington. No money was paid to Bernier, whose actions became the subject of a criminal investigation.
In announcing the plea, U.S. Attorney Phillips, Inspector General Horowitz, and Inspector General Springs commended those who investigated the case from the Offices of Inspector General for the Department of Justice and the National Archives and Records Administration. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Document Management Analyst John Lowell, and Assistant U.S. Attorney Peter C. Lallas, who is prosecuting the matter.
District Man Sentenced to Five Years in Prison for Possession of Crack CocaineRead the Press Release
WASHINGTON – Javar Harris, 37, of Washington, D.C., has been sentenced to five years in prison on a federal charge of possession with intent to distribute cocaine, U.S. Attorney Channing D. Phillips announced today.
Harris pled guilty in March 2016 in the U.S. District Court for the District of Columbia. He was sentenced on June 17, 2016, by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Harris will be placed on four years of supervised release.
According to the government’s evidence, on the evening of July 2, 2015, law enforcement officers performed a traffic stop of Harris’s vehicle in the 1600 block of Oates Street NE. Harris was consuming an alcoholic beverage in a plastic cup and had a bottle of tequila in his possession. When exiting the vehicle, Harris had an odor consistent with an alcoholic beverage. Located in the center console glove compartment of the vehicle — between the passenger seat and the driver’s seat — was 116.8 grams of crack cocaine. At the time of his arrest, Harris had been twice convicted of distribution related cocaine convictions in the Superior Court of the District of Columbia.
In announcing the sentence, U.S. Attorney Phillips commended the work of the Narcotics and Special Investigations Unit of the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Candace Battle, and Assistant U.S. Attorney Christopher Macchiaroli, of the Violent Crimes and Narcotics Trafficking Section, who prosecuted the matter.
District Man Sentenced to 18 Years in Prison for Sexually Assaulting Teenage GirlRead the Press Release
WASHINGTON – Craig Allen Lee, 44, formerly of Washington, D.C., was sentenced today to an 18-year prison term for sexually assaulting a teenage girl at an apartment in Southeast Washington, U.S. Attorney Channing D. Phillips announced.
Lee, a convicted sex offender, was found guilty in February 2016 of attempted first-degree child sexual abuse, with aggravating circumstances. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Robert E. Morin. Upon completion of his prison term, Lee will be placed on supervised release for the rest of his life. He also must register as a sex offender for the rest of his life.
According to the government’s evidence, the attack took place Sept. 18, 2011, at an apartment that the girl was visiting in Southeast Washington. Sometime in the middle of the night, Lee crept into the bedroom where the victim was sleeping. The victim woke to find Lee rubbing her buttocks as she was on her stomach. He then pulled down her sweat pants and underwear and sexually assaulted her. Two days later, the victim told a counselor and her mother. They called the Metropolitan Police Department (MPD). The girl was taken to Children’s National Medical Center. A thigh swab showed DNA consistent with the defendant’s.
Lee was arrested in 2012 and has been in custody ever since. He was convicted in 1997 of second-degree rape of a 12-year-old girl in Prince George’s County, Md.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department and the U.S. Marshals Service. He also expressed appreciation for the work performed by Children’s National Medical Center and the assistance that was provided by the District of Columbia Department of Forensic Sciences and Bode Technologies.
U.S. Attorney Phillips acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists D’Yvonne Key, Troy Griffith, and Benjamin Kagan-Guthrie; Litigation Technology Supervisor Joshua Ellen; Information Technology Specialists Anisha Bhatia, Aneela Bhatia, William Henderson, and Thomas R. Royal; Investigative Analysts William Hamann, Sharon Johnson, Shannon Alexis, and Zachary McMenamin; Victim/Witness Services Coordinator David Foster; Victim/Witness Advocate Lezlie Richardson; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation, and Assistant U.S. Attorneys Lauren Bates, Sharon Donovan, and Chrisellen Kolb. Finally, he commended Assistant U.S. Attorneys Peter V. Taylor and Kara Traster, who investigated the case, and Assistant U.S. Attorneys Taylor and Sarah McClellan, who prosecuted the matter.
Daughter of Former Federal Employees Sentenced to Prison for Stealing over $700,000 in Retirement BenefitsRead the Press Release
WASHINGTON – Stephanie Carethers, 47, of Capitol Heights, Md., was sentenced today to 15 months in prison for taking approximately $702,000 in federal retirement pension benefits after her mother’s death, announced U.S. Attorney Channing D. Phillips and Norbert E. Vint, Acting Inspector General for the U.S. Office of Personnel Management (OPM).
Carethers pled guilty in March 2016, in the U.S. District Court for the District of Columbia, to a charge of first-degree theft. She was sentenced by the Honorable Colleen Kollar-Kotelly. Following her prison term, Carethers will be placed on three years of supervised release. She also must pay $668,934 in restitution. Other losses earlier were recovered.
According to a statement of offense submitted at the time of the plea and signed by the defendant, OPM manages pension benefits for retired employees of the U.S. government. The Civil Service Retirement System (CSRS) is a retirement system covering federal employees who entered covered federal service before Jan. 1, 1987. Upon retirement from civil service, the federal employees covered by CSRS become CSRS annuitants and are entitled to CSRS benefits throughout their lifetimes. In addition, a CSRS annuitant has the option to elect a survivor benefit for his/her spouse; if selected, a spousal benefit allows for the annuitant’s surviving spouse to continue to receive a reduced amount of benefits throughout the spouse’s lifetime.
OPM pays retirement annuity benefits to the retired federal government employee only during his/her lifetime; payments cease upon the employee’s death. OPM pays survivor annuity benefits to the annuitant’s spouse only during his/her lifetime; payments cease upon the spouse’s death.
The defendant’s mother worked for the federal government from 1941 to 1986. From 1941 to 1945, she worked for the Executive Office of the President for Emergency Management, and then worked for the U.S. State Department from 1945 to 1986. She died on April 23, 2001. The defendant’s father also worked for the U.S. government until his retirement in June 1986. He died on March 7, 2002, surviving his wife by about one year.
Although Carethers notified Maryland’s Division of Vital Records that her mother died, she did not notify OPM. Unaware of the death, OPM paid approximately $495,967 in retirement annuity benefits from 2001 until March 2010 by way of direct deposits into a SunTrust Bank savings account solely in the name of the defendant’s parents.
Although Carethers likewise notified Maryland’s Division of Vital Records that her father died on March 7, 2002, she did not notify OPM. However, OPM learned of his death and suspended his retirement annuity benefits in July 2002. Carethers subsequently called OPM’s Office of Retirement Programs, identifying herself as the daughter. She requested that survivor annuity benefits application forms be sent to her mother, not disclosing that her mother actually was deceased. She then caused an application to be sent to OPM fraudulently requesting survivor annuity benefits for her mother; the application contained the forged signature of her mother. Because her mother was deceased, she was not eligible for survivor annuity benefits. Based on this application and unaware of the death of the defendant’s mother, OPM paid approximately $206,982 in survivor annuity benefits. These payments were directly deposited into a SunTrust Bank checking account solely in the name of the defendant’s parents.
From 2001 to 2010, Carethers used the fraudulently obtained payments that OPM sent after her mother’s death to buy items and services for herself and others.
In announcing the sentence, U.S. Attorney Phillips and Acting Inspector General Vint expressed appreciation for the work performed by Special Agents and analysts from OPM’s Office of Inspector General. 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 and Assistant U.S. Attorney Virginia Cheatham, who prosecuted the case.
District Man Sentenced to 30 Months in Prison for Fraud Schemes Targeting Tenants at Apartment Complex He ManagedRead the Press Release
WASHINGTON – Tyi Michael Tunstall, 30, of Washington, D.C., was sentenced today to 30 months in prison for various schemes in which he used personal identifying information from others to steal more than $75,000, announced U.S. Attorney Channing D. Phillips and Brian J. Ebert, Special Agent in Charge, Washington Field Office, U.S. Secret Service.
At the time of these offenses, Tunstall was on probation in an earlier fraud case. He used some of the proceeds of these schemes to pay his court-ordered restitution in the earlier case.
Tunstall pled guilty in March 2016, in the U.S. District Court for the District of Columbia, to wire fraud and obstruction of justice. He was sentenced by the Honorable James E. Boasberg. Following his prison term, Tunstall will be placed on three years of supervised release. He also must perform 100 hours of community service and pay $21,614 in restitution and an identical amount as a forfeiture money judgment.
Tunstall previously pled guilty in September 2013 to a charge of mail fraud. He was sentenced in March 2014 in the U.S. District Court for the District of Columbia to five years of probation, with special conditions that he complete six months of home confinement to be followed by 20 weekends in jail. He also was ordered to pay $61,543 in restitution in that case.
According to a statement of offense, signed by the defendant as well as the government, Tunstall worked from July 2014 to July 2015 for a company that managed a senior citizens’ apartment complex in Washington, D.C., first as an office assistant and later as the complex’s manager. From Sept. 8 through Oct. 27, 2015, he worked at a staffing agency that assigned him to a call center for three credit unions. He used both workplaces as a means to carry out his schemes, as outlined below:
Identity Theft and Fraud at the Apartment Complex:
In one scheme, Tunstall stole the personal identifying information of an 83-year-old resident of the complex and used the information to open multiple accounts at financial institutions from March 2015 to October 2015. He used one card multiple times, causing American Express to incur $1,785 in losses. Tunstall also placed orders on a credit account at Montgomery Ward, causing $225 in losses.
In a separate scheme, Tunstall diverted to himself at least 22 checks and money orders from tenants to the apartment complex, totaling $8,723. These checks and money orders were intended to be used for rent, cable and community room rental. Tunstall added his name to the payee and/or memo line of the checks and money orders and kept them for his personal use.
Tunstall also created 18 additional counterfeit checks, using the names of the apartment complex and two other persons whose information he obtained. Some of these checks were returned, but Tunstall eventually received $1,640.
Identity Theft and Fraud at the Call Center:
While working at the credit union call center, Tunstall accessed a credit union member’s bank accounts. He created a counterfeit check using this account information in the amount of $61,525 and deposited it into his personal bank account. He also transferred $20,000 of the victim’s money to an account that he controlled and that he had set up in the name of the 83-year-old victim.
Tunstall used $52,512 of the proceeds from these schemes to pay off his restitution balance in the earlier case at the U.S. District Court for the District of Columbia.
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In addition to these acts, while he was on probation, Tunstall made a series of false representations to his probation officer and submitted forged documents to the Court, regarding his employment and other issues. This led to a probation revocation hearing on Oct. 29, 2015. At that time, Tunstall told the Court that he was able to pay the balance of his restitution because his grandmother had provided the money. In fact, as Tunstall well knew, he used the money that he had fraudulently obtained from others to pay off the restitution balance. His probation was revoked after the hearing and he has remained in custody ever since.
In announcing the sentence, U.S. Attorney Phillips and Special Agent in Charge Ebert commended those who investigated the case from the Secret Service’s Washington Field Office. They also expressed appreciation for the assistance provided by the Montgomery County, Md. Police Department. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Thomas Swanton, who assisted with forfeiture issues; Criminal Investigator Nicole Hinson; Document Management Analyst John Lowell; Paralegal Specialist Christopher Toms, and Victim/Witness Advocates Yvonne Bryant and James Brennan.
Finally, they commended the work of Assistant U.S. Attorney Peter C. Lallas, who prosecuted the matter.
District Man Sentenced to 21 Years in Prison for Child Pornography and Sexual Abuse ChargesRead the Press Release
WASHINGTON – Franklin “Giovanni” Torres, 33, of Washington, D.C., has been sentenced to 21 years in prison on child pornography and sexual abuse charges involving a teenage boy, U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), announced today.
Torres was found guilty by a jury on March 11, 2016, in the U.S. District Court for the District of Columbia, of production of child pornography, distribution of child pornography, possession of child pornography, and first-degree sexual abuse of a minor. He was sentenced on June 15, 2016, by the Honorable Senior Judge Ellen S. Huvelle. Following completion of his prison term, he will be placed on supervised release for the rest of his life.
According to the government’s evidence, Torres resided from January 2014 until April 2015 with the victim’s family at an apartment in Northwest Washington. The victim, a teenage boy, had only been in the U.S. for less than two years since immigrating from El Salvador and reuniting with his parents, who had come to the U.S. several years earlier, planning to obtain jobs and then send for their son. The boy’s parents allowed Torres to stay in their apartment after he lost his job and needed a place to stay. After Torres was living with the family for several months, the victim’s mother discovered a naked photo of a male child with his face obscured on the defendant’s Facebook page. The boy in the photo turned out to be the victim, and the photo was taken by Torres during an incident in which Torres had sexually abused him.
Shortly after the victim’s mother confronted Torres about the photo, he deleted it from Facebook and apologized to her. The victim’s mother later surreptitiously obtained a copy of the deleted photo from Torres’s cell phone, and she found additional naked photos of the victim. She and her son reported the activities to the police several months later, after Torres moved out of their apartment. The boy also revealed to police that Torres sexually abused him.
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 Chief Lanier commended the work of those who investigated the case from the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Joyce Arthur and Troy Griffith; Information Technology Specialists Anisha Bhatia and Aneela Bhatia, Criminal Investigator John Marsh, and Victim/Witness Advocate Yvonne Bryant. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Andrea L. Hertzfeld and Denise A. Simmonds, who prosecuted the case.
Statement to Lgbt CommunityRead the Press Release
The United States Attorney’s Office for the District of Columbia offers its deepest condolences in the wake of the unconscionable violence that occurred June 12, 2016 at the Pulse nightclub in Orlando, Florida. Our office condemns this horrific terrorist attack against the LGBT community and its allies. We send our thoughts and prayers to the families and friends of the victims.
As Deputy Attorney General Sally Q. Yates stated, “Words cannot express the depth of our sorrow or the measure of our grief for all those whom we lost and all those whose lives have been changed forever. What happened in Orlando … was a horrifying act of evil and of terror. For the LGBT community, Pulse was more than a place to celebrate and see friends. It was a place that promised safety, inclusion and the freedom for people to be themselves – the same promise our country has made to all of us. This was an attack on that promise. It was an attack on our values, on our country and on our national community. It was an attack on who we are as a nation and as a people. And our country as a whole stands united in its response to this cowardly and despicable act.”
The U.S. Attorney has made a concerted effort, through our Hate Bias Task Force, our participation on the Mayor’s Office on LGBT Affair’s Violence Prevention and Response Team, and other outreach efforts, to build relationships with the LGBT community. We stand in staunch support and solidarity with LGBT communities in Orlando and here in Washington, D.C.
Together with our law enforcement partners, we will do all that we can to assist the LGBT community during this troubling time and to strengthen safety and security.
Quad/Graphics, Inc. Agrees to Pay $750,000 to United States to Settle Allegations Regarding Work for Government Publishing OfficeRead the Press Release
WASHINGTON – Quad/Graphics Inc. has agreed to pay $750,000 to the United States to resolve allegations that the firm violated security requirements involving personally identifiable information on contracts with the U.S. Government Publishing Office (GPO).
The settlement agreement was announced today by U.S. Attorney Channing D. Phillips and Michael A. Raponi, Inspector General for the U.S. Government Publishing Office.
The company, based in Sussex, Wisconsin, specializes in print solutions, such as retail inserts, publications, catalogs, direct mail, packaging, books, and directories. Since January of 2013, it provided printing services under contracts with the GPO. These contracts involved the electronic receipt and printing of Social Security Administration forms that contain personally identifiable information, protected from disclosure under the federal Privacy Act and other laws. Under the contracts, the company was to meet security requirements involving the handling of documents with personally identified information, including the handling of waste.
The agreement resolves allegations stemming from an investigation by the GPO Office of Inspector General of a company facility in Chalfont, Pennsylvania. As a result of the investigation, the United States alleged civil claims arising from its contention that Quad/Graphics failed to comply with the security requirements. For example, the government alleged, Quad/Graphics failed to dispose of waste according to GPO procedures; used malfunctioning security cameras to monitor production runs and the bale room; allowed unauthorized employees who had not undergone required background checks to work on the contracts, and altered sign-in sheets to conceal the fact that the unauthorized employees had access to the secure work area.
In addition to the $750,000 payment, Quad/Graphics has agreed to a series of changes in the way it trains its employees on the handling of documents containing personally identifiable information and in the actual physical layout of its printing facility to maximize security of personal identification information.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
The settlement was the result of a coordinated effort among the Civil Division of the U.S. Attorney’s Office of the District of Columbia and the GPO Office of Inspector General. In announcing the settlement, U.S. Attorney Philips and Inspector General Raponi commended the work of Special Agent Keith D. Olive, who investigated the case from the Inspector General’s Office, and Assistant U.S. Attorney Darrell C. Valdez of the U.S. Attorney’s Office.
District Man Sentenced to 42 Months in Prison for Causing New Year's Crash in Downtown WashingtonRead the Press Release
WASHINGTON – Malik Lloyd, 25, of Washington, D.C., was sentenced today to a total of 42 months in prison on charges of felony assault, destruction of property, and driving under the influence of alcohol or drugs stemming from a car crash early Jan. 1, 2016 in downtown Washington that caused significant injuries to at least three people, U.S. Attorney Channing D. Phillips announced.
Lloyd pled guilty on March 30, 2016, in the Superior Court of the District of Columbia, to three counts of assault with significant bodily injury, one count of destruction of property, and one count of driving under the influence of alcohol or a drug. In a separate case, Lloyd pled guilty on that same date to one count of unlawful possession of a firearm and one count of possession with intent to distribute cocaine.
The Honorable Zoe Bush sentenced Lloyd to 42 months in prison for the assault and destruction of property charges in connection with the Jan. 1, 2016 incident, as well as six months in prison for driving under the influence, and a 36-month prison term in the separate drug case. The sentences are to run concurrently. After his prison term, Lloyd will be placed on two years of supervised release.
According to the government’s evidence, on Jan. 1, 2016, at about 1:30 a.m., Lloyd was driving a Chrysler 200 northbound on 17th Street NW. He struck a Honda CRV that was also driving on 17th Street. After the collision, Lloyd drove away, making a right turn onto L Street NW and driving up onto the sidewalk in front of Barcode, a bar located in the 1600 block of L Street NW. The car that he was driving struck a tree box, tree, and several pedestrians on the sidewalk before finally striking a light pole on the north side of the sidewalk.
At least 13 people were assaulted as the result of the collision; some were injured directly by the vehicle and others indirectly by flying debris. At least three people incurred significant bodily injury that required immediate hospitalization or medical treatment. After the crash, while being treated by emergency medical personnel, Lloyd stated to the Metropolitan Police Department (MPD) that he had two glasses of champagne.
The MPD officer smelled an odor of an alcoholic beverage coming from Lloyd’s mouth and observed that Lloyd’s eyes were bloodshot. At Howard University Hospital, Lloyd admitted to drinking in the club and smoking marijuana prior to going there. At the time of testing, his alcohol concentration level was 0.20 grams of alcohol per 100 milliliters of blood, which is beyond the legal limit in the District of Columbia. There was also the presence of marijuana in his blood. Lloyd has been in custody since his arrest after the crash.
The other case stemmed from a search carried out by law enforcement on Oct. 30, 2014, of Lloyd’s residence in the 6000 block of Clay Street NE. According to the government’s evidence, MPD members found significant quantities of drugs inside the residence, including bottles of liquid PCP and multiple stashes of crack cocaine. MPD members also found drug paraphernalia, suggesting the packaging and distribution of narcotics, including multiple digital scales, cutting agents, and small “zip” bags used for street-level distribution of narcotics. MPD members also found boxes of ammunition and three firearms, including two semi-automatic handguns that were found in Lloyd’s bedroom.
In announcing the sentences, U.S. Attorney Phillips commended the work of those who investigated each of the cases for the Metropolitan Police Department, as well as the District of Columbia Office of the Attorney General, which handled the prosecution of the charge of driving while under the influence. He also expressed appreciation for the assistance provided by the DEA and the District of Columbia Fire and Emergency Medical Services Department. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tiffany Fogle and Victim/Witness Advocate Diana Lim. Finally, he commended Assistant U.S. Attorneys Katherine Earnest, Michael Romano, Thomas Saunders, and Anwar Graves prosecuted the cases.
Two Men Plead Guilty to Second-Degree Murder While Armed in Broad Daylight Shooting in Southeast WashingtonRead the Press Release
WASHINGTON – Markell Alston, 23, and Darryl Malloy, 21, both formerly of Washington, D.C., pled guilty today to second-degree murder while armed in the broad daylight slaying of a man in Southeast Washington, U.S. Attorney Channing D. Phillips announced.
Both men pled guilty in the Superior Court of the District of Columbia to the murder charge in the death of Kevin Owens. Each also pled guilty in separate cases to assault with a dangerous weapon. The Honorable Robert E. Morin scheduled sentencing for Sept. 23, 2016.
According to the government’s evidence, Alston and Malloy were good friends who lived in the Woodland Terrace area of Southeast Washington. Mr. Owens, 22, was from the Congress Park area of Southeast Washington. In December 2014 and January 2015, Alston was angry that Mr. Owens had started dating the mother of two of Alston’s children.
On Jan. 19, 2015, Martin Luther King Jr. Day, at about 2 p.m., Mr. Owens parked his car in the 3400 block of 13th Place SE, in the Congress Park area. While Mr. Owens was sitting in the driver’s seat of his car, Alston and Malloy approached the vehicle from behind. Both defendants were armed, and both fired multiple shots at Mr. Owens. They then ran away. Mr. Owens, who was struck by seven bullets, was found on the street near the driver’s side of his car. The shooting was captured by a high-definition surveillance video camera installed in the area by the Metropolitan Police Department.
In a separate case, Alston pled guilty to assaulting another inmate while he was in custody at the D.C. Jail in a noontime incident on Nov. 18, 2015. According to the government’s evidence, he and another inmate stabbed the victim with sharp objects. A corrections officer ran over and halted the attack. The victim was taken to a hospital and treated for 23 stab wounds, including on his head, neck, back, and arms.
Malloy pled guilty to accosting a contractor who was installing safety lights on the afternoon of Sept. 15, 2014, on the roofs of buildings in the Woodland Terrace area. While the contractor was on a ladder, Malloy approached him, pulled a gun from his waistband, and yelled that he did not want the lights installed.
In announcing the pleas, U.S. Attorney Phillips commended the work of the Metropolitan Police Department, which investigated the murder case. He also expressed appreciation for the assistance provided by the District of Columbia Department of Corrections, the District of Columbia Department of Forensic Sciences, the FBI, and Bode Cellmark Forensics. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Zekiah Wright, former Paralegal Specialist Karen Hansen, Investigative Analyst Zachary McMenamin, Criminal Investigators John Marsh and Durand Odom, Victim/Witness Advocate Marcia Rinker, Supervisor Security Specialist Michael Hailey, and Victim/Witness Security Specialists M. Laverne Forrest and Tanya Via.
Finally, U.S. Attorney Phillips commended the efforts of Assistant U.S. Attorneys Natalia Medina, Jeffrey Nestler, Lindsey Merikas, and Dineen Baker, who investigated and secured indictments in the various cases.
Home Improvement Contractor Charged with Defrauding Customers and Hiding Assets from Creditors in Bankruptcy ProceedingsRead the Press Release
WASHINGTON - Michael Lawrence Rosebar, 53, of Washington, D.C., has been indicted on charges alleging that he defrauded customers of his home improvement business and personal creditors, as well as on charges alleging that he made false statements in proceedings in the U.S. Bankruptcy Court, U.S. Attorney Channing D. Phillips announced today. Rosebar also is accused of defrauding government programs that aid unemployed people and needy families.
A grand jury returned a 45-count superseding indictment on June 9, 2016, in the U.S. District Court for the District of Columbia. The superseding indictment includes a total of 26 bankruptcy-related charges first filed against him in an indictment in February 2016, and adds 19 new charges related to the bankruptcy proceedings and two other alleged fraud schemes.
Rosebar is charged with 32 federal counts, including 26 counts of concealment of bankruptcy assets; two counts of making false declarations in bankruptcy; one count of making a false oath or account in bankruptcy; and three counts of wire fraud. He additionally is charged with 13 counts of violating District of Columbia laws, including two counts of conspiracy to commit first-degree fraud and 11 counts of first-degree fraud. The indictment also seeks forfeiture of a money judgment representing all proceeds of any criminal acts outlined in the federal charges.
Rosebar, who pleaded not guilty to charges in the first indictment, is to be arraigned on the new charges on June 22, 2016, by the Honorable Senior Judge Thomas F. Hogan.
“As alleged in the indictment, this home improvement contractor made false statements in bankruptcy proceedings, defrauded clients and creditors, and cheated government programs,” said U.S. Attorney Phillips. “The prosecution of this case reflects our broader determination to protect consumers and government programs from fraud.”
According to the indictment, Rosebar operated businesses under several names, including EMR Construction Contractors. From at least February 2008 through January 2015, the indictment alleges, Rosebar misrepresented himself to clients as a licensed home-improvement, electrical and heating/ventilation/air conditioning (HVAC) contractor. However, at no time during that period did Rosebar have a business or professional license from the District of Columbia Department of Consumer and Regulatory Affairs.
Rosebar recruited customers at home improvement stores, through referrals, and by acting as a sub-contractor on projects. According to the indictment, he negotiated contracts with customers for substantial home improvement or HVAC projects, which he did not intend to complete. He required an initial payment prior to starting work, hired unskilled day laborers or family members for the projects, and then abandoned job sites after doing minimal or otherwise insufficient work, the indictment alleges. The indictment includes charges related to 10 such projects, in which clients paid over $500,000, from 2008 through 2014.
In addition, according to the indictment, Rosebar filed three times for bankruptcy in the period between 2008 and 2013. The first case was dismissed within two months of its filing. The second case ran from 2008 through its dismissal in 2011. The third case was filed in 2013.
The indictment alleges that, in one of his bankruptcies, Rosebar concealed from his creditors nearly $300,000 of earnings generated between 2008 and 2010. In another of the bankruptcy cases, according to the indictment, he made false declarations about his earnings in court filings and at a meeting of creditors. All told, according to the indictment, since 2008, Rosebar has taken in around $800,000, mostly from home-improvement clients, without paying his creditors, and without disclosing the bulk of these earnings properly in bankruptcy.
The indictment also accuses Rosebar of receiving benefits to which he was not entitled from the District of Columbia’s Department of Human Services. From 2010 until 2014, according to the indictment, Rosebar received benefits through the Temporary Assistance for Needy Families program and Supplemental Nutrition Assistance Program after falsely reporting that he had no income, was unemployed, and had no assets other than his family home.
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 commended the work of Assistant U.S. Attorney John Marston, who is prosecuting the case. He also commended the efforts of Criminal Investigator Stephen Cohen of the U.S. Attorney’s Office, who investigated the case, as well as Paralegal Specialists Jessica Mundi and John Lowell, Assistant U.S. Attorney Arvind K. Lal, Chief of the Office’s Asset Forfeiture and Money Laundering Section, and Assistant U.S. Attorney Philip A. Selden, now with the U.S. Attorney’s Office for the District of Maryland. Finally, U.S. Attorney Phillips expressed appreciation for the assistance provided by the Metropolitan Police Department and the District of Columbia Office of the Inspector General.
District Man Sentenced to 24 Years in Prison for 2014 Slaying of His Estranged WifeRead the Press Release
WASHINGTON – Michael Gayle 35, of Washington, D.C., was sentenced today to a 24-year prison term on a charge of second-degree murder stemming from the brutal strangling and stabbing of his estranged wife at her home in Southeast Washington, U.S. Attorney Channing D. Phillips announced.
Gayle pled guilty in April 2016, in the Superior Court of the District of Columbia. He was sentenced by the Honorable Lynn Leibovitz. Following his prison term, Gayle will be placed on five years of supervised release.
According to the government’s evidence, in the early morning hours of June 29, 2014, Gayle went to the home of his wife, 31-year-old Eboni Domally, in the 5200 block of Queens Stroll Place SE. On that date, Gayle was no longer living at the home, having moved out over two months earlier. After arriving at the home, Gayle strangled Ms. Domally, and then later stabbed her, causing extensive sharp force injuries to Ms. Domally. These injuries eventually led to Ms. Domally’s death. Ms. Domally’s young son observed the events and ran to get help.
Gayle left the home before help arrived. He was ultimately arrested on July 22, 2014, by the U.S. Marshals Service and the Capital Area Regional Fugitive Task Force at his mother’s home in Charlotte, N.C. He has been in custody ever since.
Gayle pled guilty in 2012 in the Circuit Court for Prince George’s County, Md., to assault and burglary charges stemming from another incident in September 2011 with his wife.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by the U.S. Marshals Service, the Capital Area regional Fugitive Task Force, and the Charlotte-Mecklenburg Police Department. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Patricia A. Riley, Special Counsel to the U.S. Attorney; Victim/Witness Advocate Marcia Rinker; Paralegal Specialists Benjamin Kagan-Guthrie and Kendra Johnson; former Lead Paralegal Specialist Kwasi Fields. and Librarian Lisa Kosow. Finally, he commended the work of Assistant U.S. Attorneys Magdalena Acevedo and Amy H. Zubrensky, who investigated and prosecuted the case.
Nurse-Practitioner Indicted on Federal Charges, Accused of Illegally Distributing OxycodoneRead the Press Release
WASHINGTON - Ivan Lamont Robinson, a licensed nurse practitioner who was based in Southeast Washington, has been indicted on federal charges that he distributed oxycodone outside the legitimate scope of professional practice and without a legitimate medical purpose.
The indictment was announced by U.S. Attorney Channing D. Phillips; Karl C. Colder, Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration (DEA); Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.; Robert E. Craig, Jr., Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS), and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Robinson, 44, of Washington, D.C., was indicted on June 7, 2016, by a grand jury in the U.S. District Court for the District of Columbia, on a total of 55 felony counts. The indictment became public today, and Robinson is to appear in court at a later date. The case is assigned to the Honorable Colleen Kollar-Kotelly. Each of the 55 counts carries a statutory maximum of 20 years in prison and a maximum fine of $1 million. Under federal sentencing guidelines, the charges carry a potential range of 97 to 121 months in prison.
According to the government’s evidence, Robinson conducted a pain management practice from 2011 until 2013 in the 2000 block of Martin Luther King Jr. Avenue SE. His practice received numerous complaints from civilians in the area and from other health care professionals, including pharmacists, who suspected that he was operating a “pill mill” rather than a medical pain management practice.
Law enforcement executed numerous search warrants involving his practice on June 19, 2013. After a meeting with officials of DEA, he voluntarily relinquished his DEA license, which had authorized him to write prescriptions for controlled substance medication. Under D.C. Board of Health rules, he had been permitted to write prescriptions and treat certain patients without supervision by a licensed physician. The indictment alleges that he wrote 55 prescriptions for various patients. Each patient received the same prescription, that is, 60 tablets of 30 mg oxycodone.
“Pill mill” prosecutions are common in the United States, but this appears to be the first of its kind to be prosecuted by the U.S. Attorney’s Office for the District of Columbia. “Pill mill” is a shorthand terminology for a medical practice which begins selling prescriptions to customers, usually for cash. Pill mill practices are characterized by practitioners who cease treating patients. For example, when a health care professional ceases conducting medical histories of patients, refrains from conducting physical examinations, neglects to keep adequate medical records listing diagnosis and treatment plans, and simply sells patients prescriptions for opioids, like oxycodone, in exchange for cash, then such conduct is not in the usual course of professional practice. In those instances, health care professionals can face prosecution for distribution of controlled substances.
“Doctors and health care professionals have a responsibility to the public to prescribe opioid medications carefully, and when there is a legitimate medical purpose to do so, and not merely to feed someone’s addiction,” said U.S. Attorney Phillips. “Together with our law enforcement partners, we are committed to combatting the problem of opioid abuse.”
“Most health care professionals adhere to strict standards when caring for their patients,” said Special Agent in Charge Colder. “However, in this instance, Mr. Robinson is accused of using his position to prescribe oxycodone for the sole purpose of making money, ultimately putting lives in danger. This indictment, numerous search warrants and subsequent arrest demonstrates that DEA is dedicated to dismantling “pill mill” operations. When prescriptions are obtained through rogue pain management clinics and then sold on the streets, it creates and feeds a new generation of users and addicts. These addicts will continue to abuse the illegal prescriptions, or switch to a cheaper and more potent drug; heroin. DEA would like to thank its law enforcement partners for their diligent efforts to keep the citizens of Washington, D.C. safe.”
“This indictment is part of an ongoing effort by the Defense Criminal Investigative Service (DCIS) to aggressively investigate allegations of health care fraud that affect the Department of Defense and put its personnel at risk,” said Special Agent in Charge Craig. “DCIS will continue working with our law enforcement partners to make health care fraud an investigative priority.”
According to the Center for Disease Control, in 2011, three-quarters of prescription overdose deaths involved a prescription for an opioid pain reliever, such as oxycodone. While these medicines have a legitimate medical use for alleviating pain, they are in such great demand that opioids and heroin are now the number one drug threat to our region and to the nation. As President Obama pointed out in May 2016, "Drug overdoses now take more lives every year than traffic accidents. Deaths from opioid overdoses have tripled since 2000. A lot of the time, they're from legal drugs prescribed by a doctor.”
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictment, U.S. Attorney Phillips, Special Agent in Charge Colder, Special Agent in Charge DiGiulio, Special Agent in Charge Craig, and Chief Lanier commended the work of Assistant U.S. Attorneys John P. Dominguez and John Han, who are prosecuting the case. They also expressed appreciation for the assistance provided by Paralegal Specialist Jeannette Litz of the U.S. Attorney’s Office. Finally, they acknowledged the work of those who are investigating the case, including Metropolitan Police Department Officer Karen Taylor Arikpo and DEA Drug Diversion Investigator Shirley Powell, both from the DEA’s Tactical Drug Diversion Squad; Special Agent Tracy McFadden of the Office of Inspector General for the U.S. Department of Health and Human Services; and Special Agent Nacieve Owens of the Department of Defense, Defense Criminal Investigative Service.
District Man Found Guilty of Charges in Sexual Attack of Woman During Home InvasionRead the Press Release
WASHINGTON – Antwon Pitt, 22, of Washington, D.C., was found guilty by a jury today of charges stemming from a sexual assault against a woman he attacked while she was working from her Southeast Washington home, U.S. Attorney Channing D. Phillips announced.
Pitt was found guilty of charges of first-degree sexual abuse, kidnapping, first-degree burglary, robbery, threats, and felony assault. The verdict followed a trial in the Superior Court of the District of Columbia. Pitt will be sentenced on Aug. 19, 2016 by the Honorable Florence Pan. He remains in custody pending further court proceedings.
According to the government’s evidence, on Oct. 13, 2015, at approximately 2:15 p.m., 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. At the time of the crime, Pitt was on release in a pending drug case.
Pitt is awaiting trial in the Superior Court of the District of Columbia on charges related to another burglary that took place on Oct. 6, 2015 in Northeast Washington. The victim in that case awakened to discover a man in her home. The man robbed her of her cellphone, wallet, and other personal belongings and fled. Pitt has pled not guilty to charges in that case.
In announcing the verdict, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the assistance provided by the U.S. Secret Service, the FBI, the U.S. Marshals Service, the Metro Transit Police Department, the District of Columbia Department of Forensic Sciences, Sorenson Forensics, and Signature Science, LLC. He acknowledged the efforts of a team that worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donhue Troy Griffith and D’Yvonne Key, Victim/Witness Advocates Tracey Hawkins and Veronica Vaughan, and Criminal Investigator John Marsh. Finally, he commended the work of Assistant U.S. Attorneys Sarah McClellan and Luke Jones, who investigated and prosecuted the case.
Maryland Man Sentenced to 46 Months in Prison for Robbing Bank in Northwest WashingtonRead the Press Release
WASHINGTON – Dhyru Jamaal Gillis, 21, of Hyattsville, Md., has been sentenced to 46 months in prison for robbing a bank in Northwest Washington, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Gillis pled guilty in March 2016 to a charge of bank robbery. He was sentenced on June 6, 2016, by the Honorable Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia. Following his prison term, Gillis will be placed on three years of supervised release.
According to the government’s evidence, on Oct. 19, 2015, at approximately 9:55 a.m., Gillis entered a SunTrust Bank branch in the 5000 block of Connecticut Avenue NW. He passed a demand note to the teller stating that, “[t]his is a robbery give all your $100 $50, $20 you got 30 seconds.” Fearing for her safety and the safety of others, the teller turned over $2,344.
In addition to admitting to that robbery, in his guilty plea Gillis admitted attempting to rob a Citibank branch in the 5700 block of Connecticut Avenue NW, just three days earlier, on Oct. 16, 2015. He wound up leaving the bank without getting any money.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Chief Lanier commended the actions of the FBI and Metropolitan Police Department officers who worked to solve this case. They also expressed appreciation for the work of Paralegal Specialists Jeannette Litz and Teesha Tobias of the U.S. Attorney’s Office. Finally, they commended efforts of Assistant U.S. Attorney Emory V. Cole, who investigated and prosecuted the case.
District Man Sentenced to 12 Years in Prison for Knife Attack That Disfigured VictimRead the Press Release
WASHINGTON - Meguiel Jackson, 36, of Washington, D.C., was sentenced today to 12 years in prison on a charge of malicious disfigurement while armed for cutting a woman approximately 28 times, all over her body, with a knife in an attack that occurred at an apartment building in Southeast Washington, U.S. Attorney Channing D. Phillips announced.
Jackson pled guilty in March 2016, in the Superior Court of the District of Columbia. The plea, which was contingent upon the Court’s approval, called for a 12-year prison sentence. The Honorable José M. López accepted the plea today and sentenced Jackson accordingly. Following his prison term, Jackson will be placed on five years of supervised release.
According to the government’s evidence, on the evening of Jan. 22, 2016, Jackson entered an apartment building in the 4700 block of C Street SE. He was brought to an apartment by the victim, and she permitted him into her bedroom. Jackson became angry when the victim refused to allow him to inspect her cellular telephone to see her text messages. At one point, he said words to the effect of “I am tired of you ---,” and began to assault her. She lost consciousness. While she was unconscious, Jackson took a knife and began to cut her.
Jackson cut the victim’s body approximately 28 times all over, including her face, her chest, her back, her buttocks, and her legs. Some of the wounds were so deep that tissue was exposed. Jackson ultimately broke the knife in the process of cutting her. He then left the building later that evening. He was arrested Jan. 30, 2016 and has been in custody ever since.
The victim was found to have suffered a total of 28 wounds to the face and body. Also, during the attack, she received a broken jaw and a broken orbital bone in her face. The victim is permanently disfigured as a result of the injuries inflicted by Jackson.
In announcing the sentence, U.S. Attorney Phillips commended the work of the detectives of the Metropolitan Police Department’s Sixth District, the patrol officers who responded in a major snowstorm to the crime scene, and the crime scene officers who processed the scene. U.S. Attorney Phillips also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Shawn Slade; Supervisor Security Specialist Michael Hailey; Victim/Witness Security Specialist M. Laverne Forrest; and Paralegal Specialist Tierra Nanches. Finally, U.S. Attorney Phillips thanked Assistant U.S. Attorneys Stuart D. Allen and Julianne Johnston, who investigated and prosecuted the case.
Man Sentenced to 51 Months in Prison for Bank RobberyRead the Press Release
WASHINGTON – John C. Matthews, 67, of no fixed address, has been sentenced to a 51-month prison term after earlier pleading guilty to robbing a bank last fall in Northwest Washington, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Matthews pled guilty to a charge of bank robbery in February 2016 in the U.S. District Court for the District of Columbia. He was sentenced on June 2, 2016 by the Honorable Emmet G. Sullivan. Following his prison term, Matthews will be placed on three years of supervised release. At the time of the offense, he was on parole for an armed robbery committed in 1978, and his parole had been revoked on six previous occasions.
According to the government's factual proffer, on Thursday, Nov. 12, 2015, at approximately 9:22 a.m., Matthews walked into the PNC Bank located in the 1700 block of Columbia Road NW. He walked up to a teller, began pointing to the front door of the bank, and provided a handwritten note with instructions to read it. Among other things, the note stated “That box contain enough C-4 explosives to cause great harm to people if the gentleman in hard hat push a bottom [sic];” “Fill bags with $100 bills, $50 bills, and $20 bills;” “—No dye packs –No silent alarms – No Traces;” “Fill bags so they easily slide through window opening;” and “Hurry up!!!” At about this time, the man who was wearing a construction-type vest and hard-hat -- and who is still at large -- opened the inner bank door from the vestibule and placed a shoe box in the lobby and then re-entered the bank vestibule.
The teller gave Matthews approximately $1,150 in currency and he and the second man then left the bank. The robbery was captured on bank video and Matthews’s face, unmasked, was clearly visible. By about 11 a.m., law enforcement located Mathews hiding in a rear basement storage room a few blocks away. He was wearing the same clothing as seen in the video of the bank robbery and with the stolen money still on his person. He has been in custody ever since. The bank building was evacuated and MPD’s Explosives Ordinance Disposal Unit was called in while much of the block was cleared. Bomb technicians ultimately determined that there were no explosives in the shoe box that was placed on the floor by the other man.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Chief Lanier praised the work of the D.C. Violent Crimes Task Force, which includes members of the FBI’s Washington Field Office, the Metropolitan Police Department, the U.S. Capitol Police, and the U.S. Marshals Service. They also commended the efforts of those who assisted at the U.S. Attorney’s Office, including Paralegal Specialists Teesha Tobias and Candace Battle and Legal Assistant Latoya Wade. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Vincent Caputy, who indicted the case, and Stephen J. Gripkey, who handled the case thereafter.
District Man Sentenced to 33 Years in Prison for Sexually Assaulting Two Women in AlleyRead the Press Release
WASHINGTON - Hassain Smart, 20, of Washington, D.C., was sentenced today to 33 years in prison on charges stemming from sexual assaults he committed against two women in an alley in Northwest Washington, U.S. Attorney Channing D. Phillips announced.
Smart pled guilty in December 2015, in the Superior Court of the District of Columbia, to charges of first-degree sexual abuse while armed, first-degree sexual abuse with aggravating circumstances, robbery while armed, and kidnapping while armed. The plea, which was contingent upon the Court’s approval, called for a prison term of 27 to 33 years. The Honorable Jennifer Anderson accepted the plea today and sentenced the defendant accordingly. Following his prison term, Smart will be placed on supervised release for the rest of his life. Smart also will be required to register as a sex offender for the remainder of his life.
According to the government’s evidence, at about 1 a.m. on June 25, 2015, the two victims began to open the door to their home in the unit block of T Street NW when Smart, a stranger, approached from behind and brandished what appeared to be a black handgun. He led both women through a dark alley into a muddy area between a fence and a vacant house under construction. Smart raped both women in the alley while continuing to brandish the weapon.
After the sexual assaults, Smart refused to allow the victims to leave until they surrendered their cell phones and a debit card to him. When he finally left, the victims contacted law enforcement, and detectives from the Sexual Assault Unit of the Metropolitan Police Department (MPD) responded and immediately began an investigation.
An MPD patrol officer in the Seventh District spotted the defendant, who matched the description given by the victims. Smart was arrested after police found the victims’ cell phones and debit card and the weapon in his possession. Smart then confessed to kidnapping, robbing, and sexually assaulting both women while brandishing the weapon.
After reporting the assault to the police, the victims were transported to Washington Hospital Center for a Sexual Assault Nurse Examination (SANE), which included collection of forensic evidence. Bode Technologies later conducted DNA testing and concluded that the major male profile found on intimate swabs from a victim’s SANE kit matched the DNA profile of the defendant.
On April 2, 2016, while incarcerated pending sentencing, Smart attempted to escape from the Correctional Treatment Facility (CTF) in Washington, D.C., but his escape attempt was thwarted by correctional officers. During his attempt, Smart first jumped over the jail recreation yard’s inner perimeter fence. After jumping that fence, he pulled a white bed sheet that he had hidden in his pants leg. Smart spent several minutes surveying the outer perimeter fence while holding the sheet, until he was ordered by correctional officers to drop the sheet and lay on the ground. On May 13, 2016, Smart pled guilty to a charge of escape. He was sentenced today to six months in prison for that offense, to run consecutively to his other prison sentence.
In announcing the sentence, U.S. Attorney Phillips commended the work of the detectives of the Metropolitan Police Department’s Sexual Assault Unit, the Fifth and Seventh Police Districts, and crime scene technicians. He also expressed appreciation to Bode Technologies. He also commended those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan and Paralegal Specialists Tierra Nanches and Jason Manuel. Finally, he acknowledged the efforts of Assistant U.S. Attorneys Amy Zubrensky and Julianne Johnston, who prosecuted the case.
Owners of Home Health Care Agency Sentenced to Prison for Taking Part in $80 Million Medicaid FraudRead the Press Release
Defendants Used Money to Finance a Lavish Lifestyle
Florence Bikundi, 53, and her husband, Michael D. Bikundi Sr. 63, of Mitchellville, Maryland, and the owners of Global Healthcare Inc., a home care agency, were sentenced today to prison terms for health care fraud, money laundering, and other charges stemming from a scheme in which they and others defrauded the District of Columbia Medicaid program of over $80 million.
The sentences were announced by U.S. Attorney Channing D. Phillips for the District of Columbia; Assistant Director in Charge Paul M. Abbate of the FBI’s Washington Field Office; Special Agent in Charge Nicholas DiGiulio of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.; Special Agent in Charge Brian J. Ebert of the U.S. Secret Service’s Washington Field Office, and Inspector General Daniel W. Lucas for the District of Columbia (D.C. OIG).
The two defendants were found guilty on Nov. 12, 2015 in the U.S. District Court for the District of Columbia. The Honorable Chief Judge Beryl A. Howell sentenced Florence Bikundi to 10 years in prison. She sentenced Michael D. Bikundi Sr. to seven years in prison. Following their prison terms, the Bikundis will be placed on three years of supervised release. Judge Howell earlier ordered them to forfeit over $11 million seized from 76 bank accounts; their residence, worth approximately $1 million; $73,000 in cash seized from their residence and five luxury vehicles with a total purchase price of more than $400,000. She also imposed a forfeiture money judgment of $39,989,956 on both defendants. Finally, Judge Howell ordered the defendants to pay $80,620,929 in restitution to D.C. Medicaid.
“The investigation of this case exposed a massive health care fraud that cheated the District of Columbia Medicaid program of more than $80 million that could have been spent on people who needed services,” said U.S. Attorney Phillips. “Florence and Michael Bikundi enriched themselves for years by operating a rogue home care agency. Hopefully the sentences today will serve as a deterrent to other unscrupulous health care providers who aim to steal the taxpayers’ money.”
“The Bikundis funded their lavish lifestyle by defrauding the District of Columbia’s Medicaid program designed to provide for those in need,” said Assistant Director in Charge Abbate. “The FBI will continue to pursue criminals who target our health care system in order to protect its integrity and to prevent fraud. I commend the dedicated agents, analysts and prosecutors who worked to bring this case to justice.”
“It’s outrageous that fraudster couple Florence and Michael Bikundi stole millions of Medicaid funds meant to provide home health services to vulnerable patients just to fuel their own lavish lifestyle,” said Special Agent in Charge DiGiulio. “But today’s prison sentences show the results of our continued work with other law enforcement agencies to crack down on greedy individuals who rip off government health care programs.”
“Health care fraud and other similar elaborate fraudulent schemes are not victimless crimes,” said Special Agent in Charge Ebert. “This type of fraud can have a significant detrimental effect on our nation’s financial infrastructure and our local community’s economy. The Secret Service will continue to tirelessly pursue justice by investigating and dismantling these types of fraudulent schemes.”
“I hope this sentence sends a clear message that we will continue to investigate and propose prosecution for anyone who engages in corruption or fraudulent activities against the District government,” said Inspector General Lucas. “I applaud the hard work of my D.C. OIG Medicaid Fraud Control Unit (MFCU) staff for bringing this case to its rightful close.”
Florence Bikundi aka Florence Ngwe and Florence Igwacho, has been in custody since her arrest in February 2014. She was found guilty by the jury of 12 charges: one count of conspiracy to commit health care fraud; one count of conspiracy to commit money laundering, two counts of health care fraud; one count of Medicaid fraud; and seven counts of money laundering. Michael D. Bikundi Sr. was found guilty of 10 charges: one count of conspiracy to commit health care fraud; one count of conspiracy to commit money laundering, one count of health care fraud; and seven counts of money laundering.
According to evidence presented at trial, Florence Bikundi, a former nurse and her husband owned Global Healthcare Inc. According to the government’s evidence, Florence Bikundi was not entitled to take part in the Medicaid program and fraudulently got approval as a provider. Then, the government’s evidence showed, she and her husband led a scheme to bill Medicaid for services that were not fully provided – recruiting others, including family members, into the scam and creating fraudulent paperwork to hide the illegal activity.
The D.C. Medicaid program is funded jointly by District of Columbia tax dollars and federal tax dollars. Medicaid provides for home care services to be performed by personal care aides, working for eligible home care agencies. Doctors or advanced practice registered nurses must examine beneficiaries and authorize them to receive these services. The aides are to follow a plan of care and assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, keeping track of medication and so forth.
In 1999, Florence Bikundi went by her maiden name of Florence Igwacho. In August 1999, the Virginia Board of Nursing revoked the nursing license of Florence Igwacho. In March 2000, the U.S. Department of Health and Human Services, Office of Inspector General notified Florence Igwacho in writing that she was excluded from participation in Medicare, Medicaid, and all federal health care programs due to the revocation.
Florence Bikundi subsequently concealed her past – namely, the Medicaid exclusion and the revocation of her nursing license - when she applied for a Medicaid provider number for Global Healthcare in June 2009 using the name of Florence Bikundi. She also used three forged signatures on her Medicaid provider application. Florence Bikundi married Michael Bikundi in September 2009.
From August 2009 through February 2014, Florence and Michael Bikundi used Global HealthCare to carry out a massive fraud, the government’s evidence showed. Year after year, the D.C. Medicaid program was billed for personal home health aide services that were not fully provided to Medicaid beneficiaries. Phony time sheets, patient files and employment files were created. Global Healthcare generated increasing amounts of payments as the years continued, going from roughly $1.35 million in 2009 to $14.27 million in 2011 to $27.16 million in 2013.
According to the government’s evidence, the Bikundis used the proceeds to finance a lavish lifestyle. In just over three years, they spent $1.3 million to purchase and renovate a newly built home. They also used the proceeds for a $140,000 Land Rover, a $120,000 Porsche, a $75,000 Mercedes Benz, a $70,000 Cadillac and a $36,000 BMW.
Seven others earlier pleaded guilty to charges in the investigation. They include Florence Bikundi’s son, Carlson M. Igwacho, 35, of Bowie, Maryland; Florence Bikundi’s two sisters, Irene M. Igwacho, 50, of Bowie, and Berenice W. Igwacho, 31, of Bowie, James Mbide, 55, of Laurel, Maryland; Nicola C. White, 34, of Laurel; Elvis N. Atabe, 57, of Adelphia Maryland, and Melissa A. Williams, 33, of Silver Spring, Maryland.
Two others were indicted on charges in the investigation but remain fugitives: Christian S. Asongcha, 39, formerly of Lanham, Maryland, and Atawan Mundu John, 39, formerly of Washington, D.C.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, Special Agent in Charge DiGiulio, Special Agent in Charge Ebert and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office, the U.S. Department of Health and Human Services, Office of Inspector General and the U.S. Secret Service, as well as a team from the Medicaid Fraud Control Unit of the District of Columbia’s Office of the Inspector General that included Director Brent Wolfingbarger; Special Agents Mike Kellam, Sandra Adams, Victor Richardson and Senior Auditor LaShawn Brooks. They also expressed appreciation for the assistance of the District of Columbia’s Department of Health Care Finance and other agencies.
They commended the work of those who prosecuted the case, including Assistant U.S. Attorneys Lionel A. André, Anthony Saler and Michelle Bradford, of the Office’s Fraud and Public Corruption Section. They acknowledged the efforts of Assistant U.S. Attorney Christopher B. Brown of the Asset Forfeiture and Money Laundering Section, who assisted during the forfeiture proceedings and Criminal Investigator Nicole Hinson, also of the U.S. Attorney’s Office, who was the prosecution’s law enforcement representative during the trial.
Finally, they expressed appreciation for the assistance in this case and related investigations that was provided by Chief Arvind K. Lal of the Asset Forfeiture and Money Laundering Section; Assistant U.S. Attorneys Zia Faruqui, Ted Radway, Michael Friedman, Chrisellen Kolb and Michelle Zamarin; Financial Analyst Bryan J. Snitselaar; Deputy U.S. Marshal Wayne Rollock of the U.S. Marshals Service; Paralegal Specialists Toni Donato, Donna Galindo, Krishawn Graham, Tasha Harris, Corinne Kleinman and Kristy Penny; Legal Assistants Angela Lawrence, Jessica McCormick and Christopher Samson; Litigation Support Specialist Ron Royal, and former Forensic Accountant Maria Boodoo.
Owners of Home Health Care Agency Sentenced to Prison for Taking Part in $80 Million Medicaid FraudRead the Press Release
WASHINGTON –Florence Bikundi and her husband, Michael D. Bikundi, Sr., the owners of Global Healthcare, Inc., a home care agency, were sentenced today to prison terms for health care fraud, money laundering, and other charges stemming from a scheme in which they and others defrauded the District of Columbia Medicaid program of over $80 million.
The sentences were announced by Channing D. Phillips, U.S. Attorney for the District of Columbia; Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office; Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.; Brian J. Ebert, Special Agent in Charge, Washington Field Office, U.S. Secret Service, and Daniel W. Lucas, Inspector General for the District of Columbia (D.C. OIG).
The two defendants, of Mitchellville, Md., were found guilty on Nov. 12, 2015 in the U.S. District Court for the District of Columbia. The Honorable Chief Judge Beryl A. Howell sentenced Florence Bikundi to 10 years in prison. She sentenced Michael D. Bikundi, Sr. to seven years in prison. Following their prison terms, the Bikundis will be placed on three years of supervised release. Judge Howell earlier ordered them to forfeit over $11 million seized from 76 bank accounts; their residence, worth approximately $1 million; $73,000 in cash seized from their residence, and five luxury vehicles with a total purchase price of more than $400,000. She also imposed a forfeiture money judgment of $39,989,956 on both defendants. Finally, Judge Howell ordered the defendants to pay $80,620,929 in restitution to D.C. Medicaid.
“The investigation of this case exposed a massive health care fraud that cheated the District of Columbia Medicaid program of more than $80 million that could have been spent on people who needed services,” said U.S. Attorney Phillips. “Florence and Michael Bikundi enriched themselves for years by operating a rogue home care agency. Hopefully the sentences today will serve as a deterrent to other unscrupulous health care providers who aim to steal the taxpayers’ money.”
“The Bikundis funded their lavish lifestyle by defrauding the District of Columbia’s Medicaid program designed to provide for those in need,” said Assistant Director in Charge Abbate of the FBI’s Washington Field Office. “The FBI will continue to pursue criminals who target our health care system in order to protect its integrity and to prevent fraud. I commend the dedicated agents, analysts, and prosecutors who worked to bring this case to justice.”
“It’s outrageous that fraudster couple Florence and Michael Bikundi stole millions of Medicaid funds meant to provide home health services to vulnerable patients just to fuel their own lavish lifestyle,” said Special Agent in Charge DiGiulio of the HHS Office of Inspector General. “But today’s prison sentences show the results of our continued work with other law enforcement agencies to crack down on greedy individuals who rip off government health care programs.”
“Health care fraud and other similar elaborate fraudulent schemes are not victimless crimes,” said Special Agent in Charge Ebert of the U.S. Secret Service’s Washington Field Office. “This type of fraud can have a significant detrimental effect on our nation’s financial infrastructure and our local community’s economy. The Secret Service will continue to tirelessly pursue justice by investigating and dismantling these types of fraudulent schemes.”
“I hope this sentence sends a clear message that we will continue to investigate and propose prosecution for anyone who engages in corruption or fraudulent activities against the District government,” said Inspector General Lucas. “I applaud the hard work of my D.C. OIG Medicaid Fraud Control Unit (MFCU) staff for bringing this case to its rightful close.”
**
Florence Bikundi, 53, also known as Florence Ngwe and Florence Igwacho, has been in custody since her arrest in February 2014. She was found guilty by the jury of 12 charges: one count of conspiracy to commit health care fraud; one count of conspiracy to commit money laundering, two counts of health care fraud; one count of Medicaid fraud; and seven counts of money laundering. Michael D. Bikundi, Sr., 63, was found guilty of 10 charges: one count of conspiracy to commit health care fraud; one count of conspiracy to commit money laundering, one count of health care fraud; and seven counts of money laundering.
According to evidence presented at trial, Florence Bikundi, a former nurse, and her husband owned Global Healthcare, Inc. According to the government’s evidence, Florence Bikundi was not entitled to take part in the Medicaid program and fraudulently got approval as a provider. Then, the government’s evidence showed, she and her husband led a scheme to bill Medicaid for services that were not fully provided – recruiting others, including family members, into the scam, and creating fraudulent paperwork to hide the illegal activity.
The D.C. Medicaid program is funded jointly by District of Columbia tax dollars and federal tax dollars. Medicaid provides for home care services to be performed by personal care aides, working for eligible home care agencies. Doctors or advanced practice registered nurses must examine beneficiaries and authorize them to receive these services. The aides are to follow a plan of care and assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, keeping track of medication, and so forth.
In 1999, Florence Bikundi went by her maiden name of Florence Igwacho. In August 1999, the Virginia Board of Nursing revoked the nursing license of Florence Igwacho. In March 2000, the U.S. Department of Health and Human Services, Office of Inspector General notified Florence Igwacho in writing that she was excluded from participation in Medicare, Medicaid, and all federal health care programs due to the revocation.
Florence Bikundi subsequently concealed her past – namely, the Medicaid exclusion and the revocation of her nursing license - when she applied for a Medicaid provider number for Global Healthcare in June 2009 using the name of Florence Bikundi. She also used three forged signatures on her Medicaid provider application. Florence Bikundi married Michael Bikundi in September 2009.
From August 2009 through February 2014, Florence and Michael Bikundi used Global HealthCare to carry out a massive fraud, the government’s evidence showed. Year after year, the D.C. Medicaid program was billed for personal home health aide services that were not fully provided to Medicaid beneficiaries. Phony time sheets, patient files and employment files were created. Global Healthcare generated increasing amounts of payments as the years continued, going from roughly $1.35 million in 2009 to $14.27 million in 2011 to $27.16 million in 2013.
According to the government’s evidence, the Bikundis used the proceeds to finance a lavish lifestyle. In just over three years, they spent $1.3 million to purchase and renovate a newly built home. They also used the proceeds for a $140,000 Land Rover, a $120,000 Porsche, a $75,000 Mercedes Benz, a $70,000 Cadillac and a $36,000 BMW.
Seven others earlier pled guilty to charges in the investigation. They include Florence Bikundi’s son, Carlson M. Igwacho, 35, of Bowie, Md.; Florence Bikundi’s two sisters, Irene M. Igwacho, 50, of Bowie, Md., and Berenice W. Igwacho, 31, of Bowie, Md.; James Mbide, 55, of Laurel, Md; Nicola C. White, 34, of Laurel, Md.; Elvis N. Atabe, 57, of Adelphia Md., and Melissa A. Williams, 33, of Silver Spring, Md.
Two others were indicted on charges in the investigation but remain fugitives: Christian S. Asongcha, 39, formerly of Lanham, Md., and Atawan Mundu John, 39, formerly of Washington, DC.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, Special Agent in Charge DiGiulio, Special Agent in Charge Ebert, and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office, the U.S. Department of Health and Human Services, Office of Inspector General, and the U.S. Secret Service, as well as a team from the Medicaid Fraud Control Unit of the District of Columbia’s Office of the Inspector General that included Director Brent Wolfingbarger; Special Agents Mike Kellam, Sandra Adams, Victor Richardson, and Senior Auditor LaShawn Brooks. They also expressed appreciation for the assistance of the District of Columbia’s Department of Health Care Finance and other agencies.
They commended the work of those who prosecuted the case, including Assistant U.S. Attorneys Lionel A. André, Anthony Saler, and Michelle Bradford, of the Office’s Fraud and Public Corruption Section. They acknowledged the efforts of Assistant U.S. Attorney Christopher B. Brown, of the Asset Forfeiture and Money Laundering Section, who assisted during the forfeiture proceedings, and Criminal Investigator Nicole Hinson, also of the U.S. Attorney’s Office, who was the prosecution’s law enforcement representative during the trial.
Finally, they expressed appreciation for the assistance in this case and related investigations that was provided by Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section; Assistant U.S. Attorneys Zia Faruqui, Ted Radway, Michael Friedman, Chrisellen Kolb, and Michelle Zamarin; Financial Analyst Bryan J. Snitselaar; Deputy U.S. Marshal Wayne Rollock of the U.S. Marshals Service; Paralegal Specialists Toni Donato, Donna Galindo, Krishawn Graham, Tasha Harris, Corinne Kleinman, and Kristy Penny; Legal Assistants Angela Lawrence, Jessica McCormick, and Christopher Samson; Litigation Support Specialist Ron Royal, and former Forensic Accountant Maria Boodoo.
Man Sentenced to Seven Years in Prison for Assaulting Two Women Near Foggy Bottom Metro PlazaRead the Press Release
WASHINGTON – Mustapha Kone, 48, who has no fixed address, was sentenced today to seven years in prison on kidnapping and other charges stemming from separate attacks against two young women near the Foggy Bottom Metro station in the fall of 2014, announced U.S. Attorney Channing D. Phillips.
Kone pled guilty in March 2016, in the Superior Court of the District of Columbia, to charges of kidnapping, threats, and assault. He was sentenced by the Honorable Florence Pan. Following his prison term, he will be placed on five years of supervised release.
According to the government’s evidence, on Oct. 19, 2014, at about 3:30 a.m., one of the victims was sitting on a bench in the above-ground plaza near the Foggy Bottom Metro station, in the 2300 block of I Street NW. The defendant – a total stranger – approached the woman and told her that he wanted her to come with him into the nearby bushes as he had something that he wanted to show her. When she declined, Kone grabbed her and tried to pull her into the bushes. She resisted, and Kone told her that if she tried to leave, he would kill her. She began to scream, and Kone let go of her. She then ran to her nearby residence and called 911 to report the assault.
Meanwhile, Kone walked further west in that same plaza, where he encountered the second victim, another total stranger. He walked up to her and told her that he wanted to have sex with her. He then knocked the woman to the ground and got on top of her. Unable to get away, she began to scream. A group of nearby Good Samaritans then came to her aid, yelling at Kone to get off of her. He did, and began to flee down New Hampshire Avenue, toward the Watergate complex. Two of the Good Samaritans gave chase, calling 911 as they pursued him.
Kone ran behind a bush or tree in front of one of the nearby apartment buildings. The two Good Samaritans stood watch, urging the 911 operator to get the police to their location quickly before Kone could flee again. While those two young men remained, keeping an eye on Kone, campus police from George Washington University arrived and arrested the defendant.
In announcing the sentence, U.S. Attorney Phillips praised the work of police from the George Washington University, who initially apprehended the defendant, and of detectives from the Metropolitan Police Department’s Sexual Assault Unit, which investigated the case. He also expressed appreciation for the assistance provided by the Department of Justice’s Office for Victims of Crime. Additionally, he commended the bravery and willingness to become involved of the Good Samaritans who came to the aid of the victims.
U.S. Attorney Phillips also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Colleen Kennedy and Mark Aziz, Paralegal Specialists Michelle Chambers and D’Yvonne Key, and David Foster, Tracey Hawkins, La June Thames, and Katina Adams-Washington of the Victim/Witness Assistance Unit. Finally, he commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
Former Background Investigator for Federal Government Sentenced for Making a False StatementRead the Press Release
WASHINGTON – Jason A. Razo, 39, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), was sentenced today to two months of incarceration, to be followed by four months of home detention, on a charge stemming from his falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Channing D. Phillips and Norbert E. Vint, Acting Inspector General for the Office of Personnel Management.
Razo, of Van Nuys, Calif., pled guilty in February 2016, in the U.S. District Court for the District of Columbia, to making a false statement. He was sentenced by the Honorable Senior Judge Gladys Kessler. Following his prison term, Razo will be placed on three years of supervised release, during which he will serve the four months of home detention. Also, Razo has agreed to pay $85,779 in restitution to the federal government.
According to a statement of offense submitted to the Court, Razo was employed by KeyPoint Government Solutions as an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services.
Between October 2010 and July 2011, in approximately 50 Reports of Investigations on background investigations, Razo 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.
Razo’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 $85,779 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 Razo, 21 other background investigators and two record checkers have been convicted of charges.
Federal Investigative Services, through its workforce of approximately 6,000, including 5,200 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 Acting Inspector General Vint praised the efforts of Special Agent Christopher Sulhoff, 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 Specialists Donna Galindo and Julie Dailey of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.
District Man Sentenced to 42 Months in Prison for Robbing Bank in Southeast WashingtonRead the Press Release
WASHINGTON – Francis Davis, 69, of Washington, D.C., was sentenced today to 42 months in prison for robbing a bank last year 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 Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Davis pled guilty in February 2016 to a charge of bank robbery. He was sentenced by the Honorable Christopher R. Cooper of the U.S. District Court for the District of Columbia. Upon completion of his prison term, Davis will be placed on three years of supervised release.
According to the government’s evidence, on Monday, Nov. 9, 2015, at approximately 9:15 a.m., Davis entered the rear door of the SunTrust Bank in the 300 block of Pennsylvania Avenue SE. Once inside, he walked to a teller station. Davis then passed the bank teller a note which demanded money. The teller read the note and paused in disbelief. At that time, Davis stated, “Quit stalling … Somebody is gonna’ get hurt.”
The teller opened the cash drawer and passed $1,589 to the defendant. Davis stated, “That’s good,” and then walked swiftly out the door. Law enforcement officers submitted images taken from the bank’s surveillance video to the law enforcement community. The defendant was subsequently identified from several surveillance video photos from the robbery. He was arrested on Dec. 11, 2015 and has been in custody ever since.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Chief Lanier commended the actions of the FBI and Metropolitan Police Department officers who worked to solve this case. They also expressed appreciation for the work of Paralegal Specialists Jeannette Litz and Teesha Tobias of the U.S. Attorney’s Office. Finally, they commended efforts of Assistant U.S. Attorney Emory V. Cole, who investigated and prosecuted the case.
District Man Sentenced to Seven Years in Prison for Assaulting His Step-DaughterRead the Press Release
WASHINGTON – A 43-year-old man, formerly of Washington, D.C., was sentenced today to seven years in prison on a charge of assault with intent to commit first-degree sexual abuse of his 13-year-old stepdaughter, U.S. Attorney Channing D. Phillips announced.
The man, who is not identified here to protect the privacy of the victim, pled guilty in March 2016, in the Superior Court of the District of Columbia. The plea, which was contingent upon the Court’s approval, called for a seven-year prison sentence. The Honorable Michael Ryan accepted the plea today and sentenced the man accordingly. Following completion of his prison term, the man will be placed on three years of supervised release. He also will be required to register as a sex offender for the rest of his life.
According to the government’s evidence, sometime between May and October of 2015, the victim and her younger sibling would spend weekends at the defendant’s home in Northwest Washington. On one occasion during that time-frame, the defendant told the victim to remove all of her clothes. At that time, he had a belt in his hand and threatened to beat the girl if she did not comply. Out of fear, she complied, whereupon the man sexually assaulted her. The man was arrested on Feb. 6, 2016, after the abuse came to light, and has been in custody ever since.
In announcing the sentence, U.S. Attorney Phillips praised the work of detectives from the Metropolitan Police Department’s Youth Investigations Division, which investigated the case; and of personnel from Safe Shores, who forensically interviewed the victim and her younger sibling. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key; Child Forensic Interview Specialist Karen Giannakoulias, and Victim/Witness Advocate Tracey Hawkins. Finally, he commended Assistant U.S. Attorneys Jessica Brooks and Peter V. Taylor, who investigated and prosecuted this case.
Two Special Police Officers Indicted by Grand Jury for Involuntary Manslaughter in Death of Hospital PatientRead the Press Release
UPDATE
The defendants in this case were acquitted of the charge on Feb. 2, 2018, following a trial in the Superior Court of the District of Columbia.
WASHINGTON – Two Special Police Officers were indicted today on a charge of involuntary manslaughter stemming from the death last fall of James McBride, a 74-year-old patient at MedStar Washington Hospital Center, announced U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Clifton Montgomery, 30, of Bladensburg, Md., and Charles Brown, 43, of Fort Washington, Md., were indicted by a grand jury in the Superior Court of the District of Columbia. They will be arraigned on a date to be scheduled by the Court. The charge carries a statutory maximum of 30 years in prison.
The indictment followed an investigation by the U.S. Attorney’s Office and the Metropolitan Police Department into the death of Mr. McBride, who walked out of the hospital on Irving Street NW at approximately 4:45 p.m. on Sept. 29, 2015, without being discharged. Mr. McBride ultimately had a fatal encounter with Special Police Officers Montgomery and Brown at about 5 p.m. outside of the hospital.
Mr. McBride died on Oct. 1, 2015. The District of Columbia Office of the Medical Examiner determined that the cause of death was blunt force injuries of the neck with cervical spinal cord transection and vertebral artery compression.
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 and Chief Lanier commended the work of those who are investigating the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Office of the Medical Examiner. They acknowledged the work of those handling the case at the U.S. Attorney’s Office, including Assistant U.S. Attorney Jean Sexton, Paralegal Specialist Kristy Penny, Legal Assistant Kaitlyn Krueger and Christopher Toms, and Victim/Witness Advocates Yvonne Bryant and Tracey Hawkins. Finally, they commended the efforts of Assistant U.S. Attorney Bridgette Tillman and S. Vinét Bryant, who are prosecuting the matter.
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. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
Two Men Extradited from Mexico and Charged with Participation in Murder of ICE Special Agent Jaime Zapata and Attempted Murder of ICE Special Agent Victor AvilaRead the Press Release
Five Others Have Been Extradited in This Matter
Two Mexican nationals have been extradited from Mexico to face charges for their alleged participation in the murder of U.S. Immigration and Customs Enforcement (ICE) Special Agent Jaime Zapata and the attempted murder of ICE Special Agent Victor Avila on Feb. 15, 2011, in Mexico.
The charges and extraditions were announced today by Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia, Assistant Director Stephen E. Richardson of the FBI Criminal Investigative Division and Director Sarah R. Saldaña of ICE.
Jesus Ivan Quezada Piña, aka Loco, 28, and Alfredo Gaston Mendoza Hernandez, aka Camaron, aka Burger, 33, both of San Luis Potosi, Mexico, were charged on May 16, 2013, in a four-count indictment with murder of an officer or employee of the United States; attempted murder of an officer or employee of the United States; attempted murder of an internationally protected person; and using, carrying, brandishing and discharging a firearm during and in relation to a crime of violence causing death. The indictment was unsealed today when Quezada Piña and Mendoza Hernandez made their initial appearances before Senior U.S. District Judge Royce C. Lamberth of the District of Columbia. Quezada Piña and Mendoza Hernandez were ordered detained without bail.
Four defendants—Julian Zapata Espinoza, aka Piolin, 35; Ruben Dario Venegas Rivera, aka Catracho, 28; Jose Ismael Nava Villagran, aka Cacho, 33; and Francisco Carbajal Flores, aka Dalmata, 41—previously pleaded guilty to offenses based on their roles in the murder and attempted murder of the ICE agents. As part of their guilty pleas, Espinoza, Rivera and Villagran admitted that they participated directly in the Feb. 15, 2011, ambush of the two special agents as part of a Los Zetas hit squad. The fourth defendant, Flores, acknowledged assisting Zetas members after the attack. A fifth defendant, Jose Emanuel Garcia Sota, aka Juan Manuel Maldonado Amezcua, aka Safado, 35, was extradited to the United States on Oct. 1, 2015, for his participation in this attack and is currently awaiting trial.
The charges and allegations in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The FBI is investigating the case with substantial assistance from ICE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, U.S. Customs and Border Patrol, the U.S. Department of State’s Diplomatic Security Service and the U.S. Marshals Service. The investigation was also coordinated with the assistance of the Government of Mexico.
The Criminal Division’s Organized Crime and Gang Section and Narcotic and Dangerous Drug Section and the U.S. Attorney’s Office of the District of Columbia are prosecuting the case. The Criminal Division’s Office of International Affairs provided substantial assistance.
Two Men Extradited from Mexico and Charged with Participation in Murder of ICE Special Agent Jaime Zapata and Attempted Murder of ICE Special Agent Victor AvilaRead the Press Release
WASHINGTON – Two Mexican nationals have been extradited from Mexico to face charges for their alleged participation in the murder of U.S. Immigration and Customs Enforcement (ICE) Special Agent Jaime Zapata and the attempted murder of ICE Special Agent Victor Avila on Feb. 15, 2011, in Mexico.
The charges and extraditions were announced today by U.S. Attorney Channing D. Phillips, Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, Assistant Director Stephen E. Richardson of the FBI Criminal Investigative Division, and Director Sarah R. Saldaña of ICE.
Jesus Ivan Quezada Piña, aka Loco, 28, and Alfredo Gaston Mendoza Hernandez, aka Camaron, aka Burger, 33, both of San Luis Potosi, Mexico, were charged on May 16, 2013, in a four-count indictment with one count of murder of an officer or employee of the United States; one count of attempted murder of an officer or employee of the United States; one count of attempted murder of an internationally protected person; and one count of using, carrying, brandishing and discharging a firearm during and in relation to a crime of violence causing death. The indictment was unsealed today when Quezada Piña and Mendoza Hernandez made their initial appearance before Senior U.S. District Judge Royce C. Lamberth of the District of Columbia. Quezada Piña and Mendoza Hernandez were ordered detained without bail pending further court proceedings.
“These extraditions reflect the continued determination of law enforcement to prosecute all who took part in the ambush of two federal agents,” said U.S. Attorney Phillips. “Together with our law enforcement partners in the United States and in Mexico, we are committed to holding those responsible for the murder of Agent Zapata and the wounding of Agent Avila accountable for this brazen attack.”
“With the extradition of these two individuals from Mexico, a total of seven people have been charged for their role in the murder of ICE Special Agent Zapata and attempted murder of Special Agent Victor Avila," said Assistant Director Richardson. "An attack against any federal agent serving his or her country remains a priority for the FBI until all responsible individuals are brought to justice."
“Today is another step toward justice,” said ICE Director Saldaña. “The brutal attack on Special Agents Zapata and Avila and the murder of Agent Zapata will not go unanswered. The ICE family is deeply grateful to the Government of Mexico, the Department of Justice, and all of our other partners engaged in the relentless pursuit of the perpetrators of this heartless attack.”
Four defendants previously pleaded guilty to offenses based on their roles in the murder and attempted murder of the ICE agents. Julian Zapata Espinoza, aka Piolin, 35, pleaded guilty on May 23, 2013, to the murder of Special Agent Zapata and the attempted murder of Special Agent Avila. Ruben Dario Venegas Rivera, aka Catracho, 28, pleaded guilty on Aug. 1, 2011, to federal charges concerning the murder of Special Agent Zapata and attempted murder of Special Agent Avila. Jose Ismael Nava Villagran, aka Cacho, 33, pleaded guilty on Jan. 4, 2012, also to federal charges concerning the murder and attempted murder of the ICE agents. Francisco Carbajal Flores, aka Dalmata, 41, pleaded guilty on Jan. 10, 2012, to conspiracy to conduct the affairs of an enterprise through a pattern of racketeering activity and to being an accessory after the fact to the murder and attempted murder of the ICE agents.
As part of their guilty pleas, Espinoza, Rivera and Villagran admitted to being members of a Los Zetas hit squad and to participating directly in the Feb. 15, 2011, ambush of the two special agents. The fourth defendant, Flores, acknowledged assisting Zetas members after the attack. A fifth defendant, Jose Emanuel Garcia Sota, aka Juan Manuel Maldonado Amezcua, aka Safado, 35, was extradited to the United States on Oct. 1, 2015, for his participation in this attack and is currently awaiting trial.
An indictment is a formal charging document and defendants are presumed innocent until proven guilty.
The case is being investigated by the FBI, with substantial assistance from ICE, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the U.S. Customs and Border Protection, the U.S. Department of State’s Diplomatic Security Service and the U.S. Marshals Service. The investigation was also coordinated with the assistance of the Government of Mexico. The case is being prosecuted by the Criminal Division’s Organized Crime and Gang Section and Narcotic and Dangerous Drug Section and the U.S. Attorney’s Office for the District of Columbia. The Criminal Division’s Office of International Affairs has provided substantial assistance.
District Man Indicted on Murder and Other Charges in July 4, 2015 Slaying of Kevin SutherlandRead the Press Release
WASHINGTON – Jasper Spires, 19, of Washington, D.C., has been indicted on murder and other charges stemming from the July 4, 2015 slaying of Kevin Sutherland on a Metrorail train, U.S. Attorney Channing D. Phillips announced today. Spires also was indicted on charges involving the robberies of two other passengers and an assault of a fourth victim on the train.
Spires was indicted on May 10, 2016 by a grand jury in the Superior Court of the District of Columbia on charges of first-degree murder while armed (premeditated and felony murder), with aggravating circumstances; assault with a dangerous weapon; armed robbery of a senior citizen; armed robbery, and carrying a weapon outside a home or business.
Spires is to be arraigned on May 13, 2016 at a hearing before the Honorable Robert E. Morin. He faces a maximum of life in prison.
According to the government’s evidence, on July 4, 2015, at about 12:50 p.m., Spires was among people on a Metrorail train approaching the NOMA/Gallaudet University station, in the 200 block of Florida Avenue NE. While on the train, Spires is accused of attempting to rob Mr. Sutherland, 24, and repeatedly and fatally stabbing him. He also is charged with robbing two others on the train, including a senior citizen, and assaulting a fourth passenger.
Following the attacks, Spires allegedly walked off the train and left the station. He was arrested on July 6, 2015 and has been in custody ever since.
At the time of the alleged offenses, Spires was on release in a pending assault case in the Superior Court of the District of Columbia.
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 charges, U.S. Attorney Phillips commended the work of those investigating the case from the Metropolitan Police Department (MPD) and the Metro Transit Police. He also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences and Bode Cellmark Forensics. He acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Criminal Investigators Durand Odom and Mark Crawford; Investigative Analyst Zachary McMenamin; Victim/Witness Advocate Jennifer Clark; Paralegal Specialists Karen Hansen and Kelly Blakeney, and former Paralegal Specialist Vanessa Trent-Valentine. Finally, he commended the work of Assistant U.S. Attorneys Christine Macey and Kathryn Rakoczy, who are investigating and prosecuting the case.
Former Campaign Aide Sentenced for Making a False Statement in Federal Investigation Involving 2010 Mayoral CampaignRead the Press Release
WASHINGTON – Vernon Hawkins, who worked on an off-the-books get-out-the-vote effort preceding the 2010 District of Columbia mayoral primary, was sentenced today to six months of incarceration after earlier pleading guilty to making a false statement to federal authorities who were investigating allegations involving his candidate’s campaign.
The sentencing was announced by U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI Washington Field Office’s Criminal Division, and Thomas Jankowski, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).
Hawkins, 77, was a volunteer advisor for the mayoral candidate. He pled guilty on Aug. 13, 2013 in the U.S. District Court for the District of Columbia. In his plea, he admitted that he took part in a secret effort that channeled funding to his candidate. He also admitted that he later helped provide a potential witness with approximately $8,000 so that the witness would travel and stay out of town so that he would not be available to meet with federal agents investigating the campaign. Also, Hawkins admitted that, during a subsequent interview with the FBI, he stated that he did not know of anyone being asked or told to go out of town, that he never asked anyone to leave town so that they could not meet with investigators, and that he did not help or assist with sending anyone out of town so they would not be able to speak with federal agents in this investigation. He made these false statements in an attempt to influence the federal investigation.
He was sentenced by the Honorable Colleen Kollar-Kotelly. Following his incarceration, Hawkins will be placed on one year of supervised release.
Hawkins is among 13 people who pled guilty to charges in a broader investigation related to federal and local political campaigns, which uncovered evidence of over $3.3 million in illegal contributions to various campaigns between 2006 and 2011. He is among six defendants who pled guilty to offenses directly involving or connected to the 2010 District of Columbia mayoral election, which accounted for $668,800 of the illegal contributions.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate and Special Agent in Charge Jankowski commended the work of those who investigated the case for the FBI and IRS-CI. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Ellen Chubin Epstein, Criminal Investigators Mark Crawford and Melissa Matthews, and Paralegal Specialists Tasha Harris and Corinne Kleinman. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Michael K. Atkinson and Jonathan P. Hooks, who represented the government at sentencing.
Former D.C. Government Employee Pleads Guilty in Bribery Scheme Involving Towing CompanyRead the Press Release
WASHINGTON –Vernita M. Greenfield, a former customer services representative for the District of Columbia’s Department of Public Works, pled guilty today to a federal charge stemming from a scheme in which she accepted more than $35,000 in bribes in return for giving favorable treatment to a towing company.
The plea was announced by U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Daniel W. Lucas, Inspector General for the District of Columbia.
Greenfield, 56, of Washington, D.C., was arrested by the FBI at her office on Nov. 23, 2015. She pled guilty to a charge of receipt of a bribe by a public official. The charge carries a statutory maximum of 15 years in prison and potential financial penalties. Under federal sentencing guidelines, Greenfield faces a likely range of 24 to 30 months in prison and a fine of $10,000 to $95,000. She also is subject to a forfeiture money judgment in the amount of $35,300. The Honorable Senior Judge Paul L. Friedman scheduled sentencing for July 19, 2016.
“This government employee took advantage of her position for her own financial gain,” said U.S. Attorney Phillips. “The prosecution of this case reflects our commitment to rooting out corruption whenever it exists, as it is imperative for citizens to have faith in their government.”
“Ms. Greenfield admitted in federal court today to unfairly steering towing contracts in exchange for monetary bribes. Through her actions, she violated the public’s trust for her own personal gain,” said Assistant Director in Charge Abbate. “The FBI will continue to investigate and fight public corruption at all levels of government, including unfair, preferential treatment at the expense of honest American businesses.”
“I would like to recognize the efforts of the D.C. OIG Investigations Unit in conducting this investigation that has ultimately brought Ms. Greenfield to justice,” said Inspector General Lucas. “This investigation is just one example of how the D.C. OIG, along with our oversight partners, continue to combat corruption, fraud, waste, abuse, and mismanagement within the District, and aggressively pursue prosecution and/or administrative action when and where warranted.”
According to a statement of offense submitted in the plea proceedings, Greenfield worked in the Parking Enforcement Management Administration, a branch of the Department of Public Works. The branch is responsible for the removal of abandoned and dangerous vehicles, as well as ticketing, towing, booting, and impoundment of vehicles that are in violation of District of Columbia parking regulations. The branch also tows vehicles that pose a danger to the police or that impede the flow of traffic, particularly after vehicle accidents.
The branch uses a computer-aided dispatch system in which customer services representatives communicate with the Metropolitan Police Department (MPD) when police determine vehicles need to be towed. However, the Department of Public Works did not have enough tow trucks in its fleet to meet demand. The Department of Public Works subcontracted towing services from a list of approximately 22 authorized tow truck companies to assist with vehicle removals. Customer Services representatives were required to rotate assignments so that all towing services were fairly distributed in an equitable manner.
In her guilty plea, Greenfield admitted disregarding the rotational towing assignment system to send extra business to a towing company that was among the 22 on the list. According to the statement of offense, on or about July 1, 2011, Greenfield and the owner of the towing company came to an agreement that the owner would deposit between $200 and $500 per week into Greenfield’s bank account. In exchange, she agreed to divert towing assignments from other companies on the rotational list, thereby increasing his company’s weekly towing assignments and profits. She provided the towing company owner with her bank account information.
From July 2011 through May 2013, according to the statement of offense, the towing company’s owner provided Greenfield with more than 60 such payments, totaling $35,300. During this time period, Greenfield diverted over 450 towing assignments to the company to which it was not entitled, depriving other companies of this valuable business.
In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Inspector General Lucas commended the work of those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for those who investigated the case from the District of Columbia Office of the Inspector General, including Special Agent Ray Malengo. Finally, they acknowledged the efforts Assistant U.S. Attorneys Mervin A. Bourne, Jr. and Lionel André, who are prosecuting the case.
District of Columbia Man Indicted for Environmental CrimesRead the Press Release
WASHINGTON – James Powers, 59, of Washington, D.C., was indicted today for violating the Clean Air Act and for fraud stemming from a scheme to improperly remove asbestos from a historic building in the District of Columbia.
The seven-count indictment, returned by a grand jury in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Channing D. Phillips, Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division, and Jennifer Lynn, Acting Special Agent in Charge of the Environmental Protection Agency’s (EPA) criminal enforcement program in the Mid-Atlantic States. It charges Powers with violations of the Clean Air Act, wire fraud and first-degree fraud, which is a District of Columbia offense. The indictment also includes a forfeiture allegation seeking all proceeds that can be traced to the fraud scheme. An arraignment date has not yet been set.
According to the indictment, asbestos, a once-popular fireproofing insulation, is now known to cause lung cancer, asbestosis and mesothelioma in people who inhale the fibers released when asbestos is disturbed. Congress has determined that there is no safe level of exposure to asbestos. The Clean Air Act requires that renovation in asbestos-containing properties follow specific protocols designed to safely remove asbestos from the property prior to any renovation or demolition activity, so as not to expose workers to the risk of deadly respiratory diseases.
“This businessman is accused of endangering his own work crew by not taking the proper steps to renovate a building containing asbestos,” said U.S. Attorney Phillips. “The indictment in this case reflects our determination to enforce the federal Clean Air Act and other laws that protect the health and safety of workers and citizens in the District of Columbia.”
“The Clean Air Act asbestos standards exist to protect the public, especially demolition and renovation workers, from harmful and potentially fatal exposure to asbestos,” said Assistant Attorney General Cruden. “The Justice Department and the EPA will fully investigate and prosecute those individuals who skirt the law and put workers in danger.”
“Asbestos must be removed and disposed of safely and legally,” said Acting Special Agent in Charge Lynn. “The federal Clean Air Act helps protect not only workers’ health and safety, but that of the entire community. Today’s charges demonstrate that EPA and its partner agencies are committed to enforcing important environmental and public health protection laws.”
The development project at issue involved renovating the historic Friendship House, located at 619 D Street SE in Washington, D.C., into condominiums, a development known as the Maples. The indictment alleges that, in March 2010, Powers formed a partnership with a local real estate development firm to purchase and renovate the property. According to the indictment, an asbestos survey of the property documented asbestos throughout the property, including in floor tiles, wall board, and pipe insulation. After the survey, the partnership received bids from licensed professional asbestos abatement and renovation firms in the area.
The indictment alleges that, despite receiving those bids and despite knowing that the building contained asbestos, Powers hired Larry Miller, 58, of Palmetto, Georgia, a general contractor from Atlanta with no training, certification, or experience in asbestos abatement, to conduct interior demolition and renovation of the building. Powers represented to his partners that a qualified entity would conduct appropriate asbestos abatement at the property and emailed them a proposed contract, but the contract was with a corporation that, unbeknownst to his partners, was an alter-ego for Powers.
The indictment further alleges that Miller and his crew of workers conducted interior demolition at the Maples during September and October 2011, without any asbestos abatement having occurred. Even after an inspection by local environmental authorities revealed asbestos in the building, Powers had the workers continue demolition. Over the course of the project, the workers disturbed substantial quantities of asbestos, exposing themselves to a substantial risk of serious illness later in life.
Miller pleaded guilty on Nov. 19, 2015, to one count of negligent endangerment under the Clean Air Act. He is awaiting sentencing by the Honorable Amy Berman Jackson in the U.S. District Court for the District of Columbia. The charge carries a maximum sentence of not more than one year of imprisonment, a fine of up to $100,000, and a term of supervised release and/or probation.
If convicted, Powers faces up to five years in prison and a fine of up to $250,000 or twice the gross gain or loss to victims under the Clean Air Act, and a maximum of 20 years in prison and a fine of up to $250,000 or twice the gross gain or loss to victims under the wire fraud statute.
After the acts described in this indictment, a licensed asbestos abatement firm conducted abatement at the Maples. The District of Columbia Department of the Environment subsequently conducted inspections and found the property to be free of all asbestos-containing materials.
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 charges, U.S. Attorney Phillips, Assistant Attorney General Cruden, and Acting Special Agent in Charge Lynn expressed appreciation for the work performed by Special Agents from EPA and the Department of Transportation. They also acknowledged the efforts of Trial Attorney Cassandra J. Barnum, Senior Trial Attorney Lana Pettus, and Paralegal Specialist Cynthia Longmire of the Environmental Crimes Section, and those working at the U.S. Attorney’s Office, including Paralegal Specialists Kaitlyn Krueger, John Lowell, and former Paralegal Specialist Krishawn Graham, and Assistant U.S. Attorneys Jonathan Hooks and Zia Faruqui.
Virginia Man Sentenced to 28 Months in Prison for Traveling into the District of Columbia to Engage in Illicit Sexual Conduct with a MinorRead the Press Release
WASHINGTON – Wesley Breeden, 30, of Springfield, Va., was sentenced today to 28 months in prison for 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 Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Breeden pled guilty to the charge in February 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, Breeden will be placed on 10 years of supervised release. He also will be required to register as a sex offender for 25 years.
According to the government's evidence, on July 30, 2015, Breeden contacted an undercover officer with the FBI's Child Exploitation Task Force, through a social network site. Over the next several days, Breeden engaged in e-mail and text-messaging conversations with the undercover officer. During the course of these conversations, Breeden arranged with the undercover officer to meet for the purpose of engaging in sexual acts with a female who was a minor. On Aug. 4, 2015, Breeden traveled from Virginia to a pre-arranged meeting place in Washington, D.C. When he arrived, he was arrested. He has been in custody ever since.
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 Chief Lanier commended the work of the MPD Detectives and Special Agents of the FBI’s Child Exploitation Task Force. They also expressed appreciation for the efforts of Assistant U.S. Attorney Andrea L. Hertzfeld, who prosecuted the case.
Maryland Man Sentenced to Four Years in Prison for Role in Massive Identity Theft and Tax Fraud SchemeRead the Press Release
WASHINGTON – A resident of Bowie, Maryland, was sentenced today to four years in prison after pleading guilty in January for his involvement in a far-reaching identity theft and tax fraud scheme in which he assisted in the filing of fraudulent federal income tax returns seeking more than $4.4 million in refunds, announced U.S. Attorney Channing D. Phillips, Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division, Special Agent in Charge Thomas Jankowski of Internal Revenue Service-Criminal Investigation (IRS-CI), Inspector in Charge Maria L. Kelokates of the U.S. Postal Inspection Service’s Washington Division and Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of the Treasury.
Marc A. Bell, 49, a former employee of the District of Columbia’s Department of Youth Rehabilitation Services (DYRS), admitted taking part in a massive and sophisticated identity theft and false tax return scheme that involved an extensive network of more than 130 people, many of whom were receiving public assistance. According to court documents, the scheme involved the filing of at least 12,000 fraudulent federal income tax returns that sought refunds of at least $42 million from the U.S. Treasury. The false tax returns sought refunds for tax years 2005 through 2013 and were often filed in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated individuals. Refunds also were sent to people who were willing participants in the scheme. The refunds listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia.
According to documents filed with the court, from 2005 to 2013, Bell was employed as a program manager, program officer or placement expeditor at the District of Columbia’s Department of Youth Rehabilitation Services (DYRS). The agency is responsible for the supervision, custody and care of young people charged with a delinquent act in the District of Columbia and either detained in a DYRS facility while awaiting adjudication or committed to DYRS by a District of Columbia Family Court judge following adjudication. In his various capacities at DYRS, Bell had access to the agency’s database system, which contained the personal identifying information of DYRS youth, including their names and social security numbers. Bell admitted that between approximately May 2010 and April 2013, he used his computer access to obtain the personal identifying information of at least 645 then-current and former DYRS youth. Bell admitted that he provided this information to other scheme participants, who used the names and social security numbers to file at least 1,160 fraudulent federal income tax returns that claimed refunds of approximately $4,441,194. The IRS issued approximately 700 U.S. Treasury checks, totaling approximately $2,422,211, in the names of the DYRS youth in whose names the tax returns were filed. Bell received financial compensation from co-conspirators for providing the stolen identities.
Bell is one of approximately 20 participants in this scheme who have pleaded guilty to federal charges in the U.S. District Court for the District of Columbia. Bell pleaded guilty in January to one count of conspiracy to defraud the government with respect to claims, one count of aiding and abetting in the filing of fictitious or false claims and one count aiding and abetting fraud and related activity in connection with identification documents. In addition to the prison term, U.S. District Judge Ellen S. Huvelle ordered Bell to serve three years of supervised release and pay restitution to the IRS in the amount of $1,972,710.
This morning, Lakisha Jackson, 40, of District Heights, Maryland, pleaded guilty to one count of conspiracy to commit theft of public money for her role in the scheme. As part of her plea, she admitted that between September 2010 and May 2012 she allowed her residential address to be used to file approximately 70 fraudulent federal income tax returns seeking refunds of approximately $229,199 and to receive 61 fraudulently-procured U.S. Treasury checks totaling approximately $193,977. Jackson faces a statutory maximum sentence of five years in prison and a $250,000 fine. She has agreed to pay restitution to the IRS in the amount of $175,953. Jackson is scheduled to be sentenced on July 13, 2016.
U.S. Attorney Phillips, Acting Assistant Attorney General Ciraolo, Special Agent in Charge Jankowski, Inspector in Charge Kelokates and Assistant Inspector General Phillips commended those who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein, Paralegal Specialists Donna Galindo, Corinne Kleinman and Julie Dailey and Legal Assistant Angela Lawrence. Finally, they thanked Assistant U.S. Attorney Ellen Chubin Epstein of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorneys Jeffrey B. Bender and Thomas F. Koelbl and former Trial Attorney Jessica Moran of the Tax Division, who prosecuted the case.
District Man Sentenced to 77 Months in Prison for Robbing Two Grocery Stores over Five-Day PeriodRead the Press Release
WASHINGTON - Christopher Tyler, 38, of Washington, D.C., was sentenced today to a 77-month prison term on federal charges stemming from two robberies of grocery stores, U.S. Attorney Channing D. Phillips announced.
Tyler pled guilty in March 2016, in the U.S. District Court for the District of Columbia, to two counts of interference with interstate commerce by robbery. He was sentenced by the Honorable Tanya S. Chutkan. Following his prison term, he will be placed on three years of supervised release.
According to the government’s evidence, on July 25, 2014, at approximately 10:50 p.m., Tyler entered a Safeway store in the 1600 block of Maryland Avenue NE. He was wearing a mask and was armed with what appeared to be a black handgun. Tyler pointed the weapon at store employees and demanded that they “open the money room.” A cashier indicated that she did not have a key to the room. Tyler then used a newspaper rack to climb over a wall into the room where the store’s safe was located. He then robbed the store of money that had been received through that evening’s sales. He fled and was not apprehended that night.
On July 30, 2014, at approximately 10:50 p.m., Tyler entered another Safeway store, this time in the 1100 block of Fourth Street SW. He again was armed with what appeared to be a black handgun and again was wearing a mask. Tyler forced a store employee to open the room where another employee was counting the night’s proceeds and putting the money into the store’s safe. He demanded that an employee fill a bag with money.
Tyler then fled the store with approximately $15,000 in cash. Officers from the Metropolitan Police Department (MPD), responding to a 911 call for a robbery, arrived just as Tyler was running from the store. Officers stopped him after a brief foot chase. The officers recovered a black pellet gun that strongly resembles a semi-automatic handgun from the defendant. The officers also recovered the money that he dropped while attempting to escape. Tyler has been in custody since his arrest.
In announcing the sentence, U.S. Attorney Phillips commended the work of the officers, detectives, and others who worked on the case from the Metropolitan Police Department. He also praised the efforts of those who worked on the case from the FBI’s Washington Field Office. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Jin Park, Thomas Swanton, and Nihar Mohanty.
District Man Sentenced to Six Years in Prison for Sexually Assaulting Homeless WomanRead the Press Release
WASHINGTON – Ernest L. Williams, 65, of Washington, D.C., was sentenced today to six years of incarceration for sexually assaulting a homeless woman in a Northwest Washington alley, U.S. Attorney Channing D. Phillips announced.
Williams was found guilty in February 2016 of assault with intent to commit first-degree sexual abuse, following a trial before the Honorable Milton C. Lee in the Superior Court of the District of Columbia. Judge Lee sentenced Williams to a total of 15 years in prison, but suspended all but six years on the condition that he successfully complete five years of supervised probation. Williams also must register as a sex offender for the rest of his life.
According to the government’s evidence, Williams and the victim were both homeless and staying at a park on North Capitol Street. On Oct. 10, 2014, both had been drinking during the day and the victim became hungry. That night, Williams offered to go with her to a local carry-out to get some food. However, on the walk, he made an excuse to cut through an alley off the unit block of Florida Avenue NW. Once in the alley, he pinned her against a fence and started sexually assaulting her. She screamed “help” and rape” repeatedly and tried to fight back, but he overpowered her. He hit her in the face, sexually assaulted her on the ground.
A woman in a nearby house heard the screams and called the police. When officers from the Metropolitan Police Department (MPD) arrived, Williams was on top of the victim. He was arrested and has been in custody ever since.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including former Assistant U.S. Attorney Jeff Cook; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence; Criminal Investigators Mark Fitzgerald, Mark Crawford and Melissa Matthews; Victim/Witness Advocate Lezlie Richardson; Paralegal Specialist Tierra Nanches; Information Technology Specialist Anisha Bhatia, and Legal Intern Sontanna Cremins. Finally he commended the work of Assistant U.S. Attorney Nicholas Miranda, who investigated and prosecuted the case.
U.S. Attorney's Office to Host Town Hall and Other Events as Part of National Reentry WeekRead the Press Release
WASHINGTON –The U.S. Attorney’s Office for the District of Columbia will highlight the issues facing citizens returning to the community after periods of incarceration in a series of events as part of National Reentry Week, including a town hall scheduled for tonight at the Central Union Mission, U.S. Attorney Channing D. Phillips announced.
U.S. Attorney Phillips will be joined at this evening’s program by Acting Associate Attorney General Bill Baer and Assistant Attorney General Karol V. Mason. They will speak about efforts by the Department of Justice and the U.S. Attorney’s Office to support those returning to the nation’s communities after serving time in federal and state prisons.
The Obama Administration has taken major steps to make the criminal justice system fairer, more efficient and more effective at reducing recidivism and helping formerly incarcerated individuals contribute to their communities. Removing barriers to successful reentry helps formerly incarcerated individuals compete for jobs, attain stable housing, and support their families. An important part of that commitment is preparing those who have paid their debt to society for substantive opportunities beyond the prison gates, and addressing collateral consequences to successful reentry that too many returning citizens encounter.
Attorney General Loretta E. Lynch and other top officials are making appearances throughout the nation to promote the “Roadmap to Reentry,” the Justice Department’s comprehensive vision to reduce recidivism through reentry reforms at the Federal Bureau of Prisons (BOP). Each year, more than 600,000 citizens return to communities after serving time in federal and state prisons. Another 11.4 million people cycle through local jails.
“We have to do more to stop the cycle of crime and violence,” said U.S. Attorney Phillips. “One critical factor in stopping this cycle is to address the serious issues and hurdles that former offenders face when they reenter our communities. We as a community must do all we can to enhance the prospects of our returning citizens to live productive and healthy lives.”
“Too often, justice-involved individuals who have paid their debt to society confront daunting obstacles to good jobs, decent housing, adequate health care, quality education, and even the right to vote,” said Attorney General Lynch. “National Reentry Week highlights the many ways that the Department of Justice – and the entire Obama Administration – is working to tear down the barriers that stand between returning citizens and a meaningful second chance – leading to brighter futures, stronger communities, and a more just and equal nation for all.”
In addition to the town hall this evening, the U.S. Attorney’s Office will highlight reentry issues this afternoon in a discussion with a girls’ mentoring group. Assistant Attorney General Mason, of the Office of Justice Programs, is scheduled to attend the program.
The town hall is scheduled to take place at 6 p.m. today at the Central Union Mission, 65 Massachusetts Avenue NW. In addition to U.S. Attorney Phillips and the Justice Department officials, representatives from the Neighborhood Legal Services Program of the District of Columbia and the District of Columbia Mayor’s Office on Returning Citizens will be on hand to speak about their efforts to support returning citizens. Participants will have an opportunity to express concerns and ask the speakers questions.
Finally, a roundtable discussion is scheduled for 11 a.m. Thursday at the Mickey Leland Transitional Housing Facility in Northwest Washington. U.S. Attorney Phillips is expected to be joined by Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division and other officials in a presentation that will cover the barriers returning citizens face in obtaining employment and ways to overcome these obstacles.
NOTE: The event tonight at the Central Union Mission is open to the press. It will take place at 65 Massachusetts Avenue NW. All media must present government-issued photo I.D. (such as a driver’s license) as well as valid media credentials. Media check-in begins at 5:30 p.m. EDT. Press inquiries regarding logistics should be directed to Bill Miller at 202-252-6643.
Former Office Manager Pleads Guilty to Stealing over $300,000 from EmployerRead the Press Release
WASHINGTON – Bianca Bush-Bronson, 37, the former office manager for a consulting and lobbying firm, pled guilty today to a federal charge stemming from a scheme in which she embezzled more than $300,000 from her employer, announced U.S. Attorney Channing D. Phillips and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office.
Bush-Bronson, of Washington, D.C., pled guilty to a charge of wire fraud in the U.S. District Court for the District of Columbia. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, Bush-Bronson faces a likely range of 30 to 37 months in prison and a fine between $10,000 and $100,000. As part of her plea agreement, she must pay $303,972 in restitution. The Honorable Tanya S. Chutkan scheduled sentencing for July 7, 2016.
According to the government’s evidence, Bush-Bronson worked from April 2011 to October 2012 for a business identified in court documents as “Company A,” a consulting and lobbying firm in the District of Columbia. She maintained responsibility for the company’s day-to-day financial operations, including preparing checks, depositing funds, performing reconciliation of funds in bank accounts, and serving as a point of contact with the bank.
From June 2011 through October 2012, according to the government’s evidence, Bush-Bronson issued checks drawn on the company’s account to herself, to cash, and to third parties for her own benefit. To conceal this activity, she made false entries in internal books and records. In total, she issued at least $45,786 in checks in this manner, using the money for, among other things, a down payment on a car, a mortgage payment, and a payment to her dentist.
Bush-Bronson also used the company’s credit card to make $258,186 in unauthorized purchases for her own personal use at various retailers, including a jewelry store, department stores, and a salon, as well as for restaurants, airline tickets, and hotel stays.
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 acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tasha Harris, Legal Assistant Angela Lawrence, and former Paralegal Specialist Heather Sales. Finally, they commended Assistant U.S. Attorneys Michelle A. Zamarin and David A. Last, who prosecuted the case.
District Man Sentenced to Six Years in Prison for Beating a Man and Joining in Slashing a Bystander Who Attempted to Stop the AttackRead the Press Release
WASHINGTON – Frank G. Smith, 34, of Washington, D.C., was sentenced today to six years in prison on charges of aggravated assault and simple assault for his role in an attack of two men that took place in December 2013 near the entrance to the U Street Metro station in Northwest Washington, U.S. Attorney Channing D. Phillips announced.
Smith was found guilty by a jury in February 2016, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Florence Pan. Following completion of his prison term, he will be placed on three years of supervised release.
According to the government’s evidence, in the early morning hours of Dec. 21, 2013, Smith and others attacked a man who had been involved in a traffic dispute with one of Smith’s friends. That man was taken down to the ground near the U Street Metro entrance, at 10th and U Streets NW, and Smith and his friends began kicking him as he lay on the ground defenseless.
A second man, a Good Samaritan, saw the beating taking place. He yelled at Smith and Smith’s friends to stop kicking the man on the ground, who appeared unconscious. When they refused to stop, the Good Samaritan intervened by pushing Smith and the others away from the man on the ground. One of Smith’s friends then began fighting with the Good Samaritan. As the Good Samaritan separated from his first attacker, he noticed that he was cut and bleeding across the right side of his chest. Smith then continued attacking him, at which point the Good Samaritan felt and saw that his left hand had been cut to the bone between his index finger and thumb. As the police arrived on the scene, Smith stopped his attack and attempted to walk away, but he was stopped by the police and identified at the scene by the victim who was cut.
No knife or sharp object was recovered from Smith, but he had blood on his face and clothes. Subsequent DNA analysis revealed that the Good Samaritan’s DNA was found on Smith’s clothes.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by Bode Technologies. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Jennifer Clark; Paralegal Specialists Lynda Randolph, Donville Drummond, and Allison Daniels; Criminal Investigator Melissa Matthews; Litigation Technology Supervisor Joshua Ellen, and Patricia A. Riley, Special Counsel to the U.S. Attorney, and Assistant U.S. Attorney Chrisellen Kolb. Finally, he praised the work of former Assistant U.S. Attorney Kathleen Connolly, who secured the indictment, and Assistant U.S. Attorneys Laura Crane and Fernando Campoamor-Sanchez, who tried the case.