District of Columbia

WASHINGTON- Floyd L. Middleton, 47, of Washington, D.C., was sentenced today to 15 months in prison on a federal charge involving the theft of over $140,000 from a religious charity where he worked in an administrative capacity, announced U.S. Attorney Channing D. Phillips and Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office.

            Middleton pled guilty in July 2016, in the U.S. District Court for the District of Columbia, to a charge of interstate transportation of stolen property. He was sentenced by the Honorable Christopher R. Cooper. Following his prison term, Middleton will be placed on three years of supervised release. He also must pay $142,484 in restitution and an identical amount in a forfeiture money judgment.

            According to the government’s evidence, the scheme took place between February 2009 and October 2014, when Middleton was employed by an organization referred to in court documents as “Charity A,” a religious charity. During this period, Middleton embezzled $142,484 in funds through false representations and invoices. For example, he established the property management company that managed the apartment building where he resided in the charity’s computer system as a legitimate vendor. He then submitted false invoices leading to payments to that property management company for his personal benefit. Middleton also made false representations to secure reimbursement for personal funds that he never expended.

            In announcing the sentence, U.S. Attorney Phillips and Assistant Director in Charge Abbate commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Angela Lawrence. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Kendra D. Briggs, and former Assistant U.S. Attorney Muyiwa Bamiduro, who prosecuted the matter.

WASHINGTON – Luvell Alverson, 22, of Suitland, Md., pled guilty today to robbing four people at gunpoint last summer in Southeast Washington and then firing a gun at police officers, U.S. Attorney Channing D. Phillips announced.

            Alverson pled guilty in the Superior Court of the District of Columbia to four counts of armed robbery and three counts of assaulting a police officer while armed. The plea, which is contingent upon the Court’s approval, calls for a prison sentence of 10 to 16 years. The Honorable Danya A. Dayson scheduled sentencing for Dec. 13, 2016.

            According to the government’s evidence, during the evening of July 11, 2016, and into the early morning hours of July 12, 2016, Alverson was with five other individuals; all arrived  in a Lincoln Navigator that was parked behind Martin Luther King, Jr. Elementary School in the area of the 600 block of Alabama Avenue, SE.  While behind the school, Alverson retrieved a semi-automatic handgun and went to a nearby basketball court, where four men were playing basketball. Alverson brandished the gun, ordered the men to the ground, and took their cell phones and keys. Before leaving, he fired multiple shots at the ground.

            After the robberies, Alverson returned to his group and they all entered the Lincoln Navigator, with Alverson in the rear. As the vehicle attempted to leave the school, it was met by a Metropolitan Police Department (MPD) vehicle containing three officers who were responding to a report of shots in the area. The Navigator’s path was blocked by the MPD vehicle, and the Navigator backed up and stopped. Alverson lowered the rear passenger window and fired multiple shots in the direction of the officers. Officers returned fire, and Alverson left the vehicle and fled. He was identified and arrested later on July 12 and has been in custody ever since.

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

WASHINGTON – Bilal Ahmed, 44, a former dentist who practiced in downtown Washington, D.C., was indicted by a grand jury today on charges alleging that he sexually assaulted three former dental patients and one former employee and that he improperly touched another former employee.

            Mahsa Azimirad, 26, Ahmed’s former dental practice’s office manager, was also indicted today on a charge accusing her of lying to a grand jury during the investigation of Ahmed.

            The indictments, which were returned in the Superior Court of the District of Columbia, were announced by U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Ahmed, of Potomac, Md., was indicted on 21 counts of sexually abusing, or otherwise improperly touching, former patients and employees. The charges include 14 felony counts of sexual abuse, four misdemeanor counts of sexual abuse, and three misdemeanor counts of assault. Azimirad, of North Bethesda, Md., was indicted on one count of perjury.  They are to be arraigned on Oct. 13, 2016, by the Honorable Florence Pan.

            According to evidence presented by the government in arrest warrant affidavits, at earlier court hearings, and in public documents, it is alleged that on May 21, 2014, Ahmed was practicing as a dentist at Universal Smiles DC, in the 2300 block of M Street NW. The practice was originally called Bilal Ahmed DDS PC dba Universal Smiles DC.  Ahmed is the owner of these dental practices.  The government alleges that on that day Ahmed performed dental treatment to the patient, including administering nitrous oxide to him through a face mask.  The patient alleges when the mask came off his face, he realized that the defendant was sexually assaulting him.  He also realized that the door was closed and no one was in the room with them.  He reported the assault to the Metropolitan Police Department.

            During the course of the investigation, and as alleged in the charges, additional victims were identified, including two former male patients and a former male employee. The other former patients also were under nitrous oxide at the time of the incidents, the government alleges. The dates of the alleged assaults span from April 24, 2013, through May 21, 2014.

            Ahmed’s D.C. dental license was suspended on Nov. 3, 2014, and his Maryland dental license was suspended on April 6, 2016.

            Azimirad, the former office manager at Ahmed’s dental firms, is accused of giving false testimony to a grand jury on Nov. 18, 2014.

            Both defendants previously were arrested and charged in criminal complaints in the Superior Court of the District of Columbia. Ahmed was arrested on Jan. 7, 2016, at John F. Kennedy International Airport in New York. As one of the conditions of his pre-trial release, Ahmed is precluded from practicing dentistry in any capacity.  Azimirad was arrested on June 16, 2016. Both Ahmed and Azimirad pled not guilty at their earlier court appearances.

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

            In announcing the indictments, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Sexual Assault Unit of the MPD.  They also expressed appreciation to the United States Marshals Service for its assistance in the investigation.  Finally, they acknowledged the work of Assistant U.S. Attorneys Sharon Marcus-Kurn and Stuart Allen, who are prosecuting these charges.

WASHINGTON – Sherrell Washington, 30, a former hospital employee, was indicted today on federal charges alleging that she forged prescriptions taken from her workplace to obtain oxycodone, announced U.S. Attorney Channing D. Phillips, Karl C. Colder, Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration (DEA), and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Washington, of Washington, D.C., was indicted by a grand jury in the U.S. District Court for the District of Columbia on eight counts of distribution of oxycodone and eight counts of obtaining a controlled substance by fraud. She will be arraigned at a later date.

            According to the government’s evidence, at the time of the conduct alleged in the indictment, Washington was an administrative assistant at Medstar Georgetown University Hospital. She is accused of forging and filling prescriptions for oxycodone in eight separate instances, from April 20 through June 13, 2016, involving a total of 600 pills. Washington allegedly forged the prescriptions by using a blank pad belonging to a nurse-practitioner.

            Washington was arrested on Aug. 12, 2016, and initially was charged in the Superior Court of the District of Columbia. She pleaded not guilty in that case, which will now be dismissed as the matter is moved to U.S. District Court.

            Opioids historically have been used as painkillers, but they also have great potential for misuse. Repeated use of opioids greatly increases the risk of developing an opioid use disorder. While these medicines have a legitimate medical use for alleviating pain, they are in such great demand that opioids and heroin are now the number one drug threat to our region and to the nation. The Justice Department is taking a three-fold approach to the epidemic:  1) prevent further tragedies by raising awareness regarding the opioid and heroin epidemic; 2) focus on enforcement priorities and highlight best practices; and 3) deploy resources for treatment.

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

            In announcing the indictment, U.S. Attorney Phillips, Special Agent in Charge Colder, and Interim Chief Newsham commended the work of those who investigated the case from the DEA and MPD. They also acknowledged the work of Assistant U.S. Attorney Jillian Willis, who handled the Superior Court matter, and Assistant U.S. Attorneys Jamila Hodge and Vincent W. Caputy, who are prosecuting the federal charges.

WASHINGTON - Donte Purcell Polk, 27, of Washington, D.C., has been sentenced to nine years in prison for a string of home burglaries that took place last year in various neighborhoods, U.S. Attorney Channing D. Phillips announced today.

            Polk pled guilty in June 2016, in the Superior Court of the District of Columbia, to one count of first-degree burglary and two counts of second-degree burglary. He was sentenced on Oct. 5, 2016, by the Honorable Juliet McKenna. Following his prison term, Polk will be placed on five years of supervised release. He also must pay $4,000 in restitution to the victims.

            According to the government’s evidence, during the months of August and September of 2015, Polk gained entry into various occupied and unoccupied residences and stole numerous items ranging from electronics to luxury watches. The Metropolitan Police Department (MPD) subsequently identified Polk by his fingerprints found at the residences. Polk pled guilty to carrying out three burglaries in August and September of 2015: in the 1300 block of E Street SE, the 900 block of Seventh Street NE, and the 1200 block of Fourth Street NW.

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Jennifer Allen, Paralegal Specialist Tamaya Reid, and Assistant U.S. Attorney Vanessa Goodwin, who investigated and prosecuted the case.

WASHINGTON – Gregory Green, 28, of Washington, D.C., has been found guilty of first-degree felony murder while armed in the 2014 slaying of a man in Southeast Washington, U.S. Attorney Channing D. Phillips announced today.

            Green was found guilty on Oct. 3, 2016, following a trial in the Superior Court of the District of Columbia. In addition to the murder charge, the jury found him guilty of a charge of robbery while armed. The Honorable Milton C. Lee scheduled sentencing for Dec. 9, 2016.

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

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

WASHINGTON – Joe Anthony Barber, 58, formerly of Woodbridge, Va., was sentenced today to a term of 20 years to life in prison for the 1984 slaying of a woman at her apartment in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Barber was found guilty by a jury in June 2016 of first-degree murder while armed, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Robert E. Morin.

            According to the government’s evidence, on Jan. 1, 1984, the body of the victim, Rachel Cox, 43, was found at 6:30 a.m., when her daughter came home to their apartment in the 3300 block of Sixth Street SE.  Ms. Cox was found on the floor, partially covered with a comforter, with her hands tied behind her back, her underwear at her feet, and 12 stab wounds to her torso, which injured her liver and heart.  The victim’s daughter had last seen her mother on New Year’s Eve just before midnight. Ms. Cox planned to stay in her home, watching TV, dressed for bed.

            Vaginal swabs taken from the body during the 1984 autopsy were submitted for DNA analysis in April 2013.  Semen was found on the swabs and a profile was developed.  Barber was identified as a suspect through the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool.

            Barber’s profile was in the CODIS system as a result of a 1984 conviction in an unrelated rape case in which the victim was 10 years old; in that case, he pled guilty to rape and indecent acts with a minor for an attack that took place on Oct. 11, 1984. He served nearly 20 years in prison before his release in 2004.

            Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation, and Paralegal Specialist Benjamin Kagan-Guthrie, of the U.S. Attorney’s Office, initially identified this murder case for further investigation and DNA analysis. That investigation of Ms. Cox’s murder led to Barber’s arrest in November 2013, and he has been in custody since that time.

            In announcing the sentence, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also acknowledged the efforts of those who also worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialists Leif Hickling and Paul Howell; Paralegal Specialists Alesha Matthews Yette, Debra Joyner, and Stephanie Siegerist; Victim/Witness Advocates Jennifer Clark and Karen Giannakoulias, and Victim/Witness Services Coordinators Tonya Jones and Katina Adams-Washington. Finally, they commended the work of Assistant U.S. Attorney S. Vinét Bryant, who investigated, indicted and prosecuted the matter.

WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that it has completed its review of the fatal shooting of Rashad Bugg-Bey by an off-duty Baltimore County, Md. Police Department officer on Nov. 14, 2015, at Union Station. After a careful review of all of the evidence, the U.S. Attorney’s Office has concluded that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against the officer involved in the fatal shooting of Mr. Bugg-Bey.

            The U.S. Attorney’s Office for the District of Columbia and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident, which included interviews of law enforcement and civilian witnesses and assessing photographs, video footage, diagrams, physical evidence, recorded radio communications, the autopsy report, and other evidence.

            According to the evidence, the shooting took place Nov. 14, 2015, at approximately 8:15 p.m. Mr. Bugg-Bey, 25, and a female relative were at Union Station, 50 Massachusetts Avenue NE. They were on the lower Metro level, when Mr. Bugg-Bey inexplicably pulled out a large kitchen knife and slashed his relative’s face.  Bleeding, she began to flee Union Station.

            The Baltimore County officer, who was off-duty and with a friend, had just entered Union Station through a lower-level entrance to Metro when he saw a woman, who was screaming and running toward the exit. The officer continued walking toward the escalator that leads from the Metro level into Union Station when he observed Mr. Bugg-Bey a few feet from the escalator, armed with a butcher knife. The officer and his friend stepped onto the escalator.

            Mr. Bugg-Bey, still armed with the knife, also got on the escalator. He pointed the knife in the direction of the off-duty officer and his friend. The off-duty officer identified himself as a police officer and gave Mr. Bugg-Bey numerous commands to drop his weapon, but Mr. Bugg-Bey refused to comply.  Mr. Bugg-Bey continued to ascend the elevator with the knife raised in a manner that the officer and several witnesses described as threatening and menacing.

            According to the evidence, the officer discharged his weapon after Mr. Bugg-Bey failed to drop his knife and had almost reached the top of the escalator.  In between discharging rounds, the officer continued to give Mr. Bugg-Bey commands to drop the knife. If Mr. Bugg-Bey had exited the escalator while still armed, he would have had access to additional civilians located in the boarding areas of Union Station as well as the area for shopping and restaurants.

            Mr. Bugg-Bey was taken to a hospital with gunshot wounds to his head and hand. He was released from the hospital on Dec. 11, 2015. He died on Dec. 22, 2015 as a result of his injuries from the shooting.

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

Use-of-force investigations generally

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

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

WASHINGTON – Pheerayuth Burden, 46, a Thai national who had been living in Torrance, California, was found guilty by a jury today of taking part in a conspiracy involving the purchase and shipment of hundreds of gun parts and accessories from the United States to Thailand without a license. His company, Wing–On LLC, also was found guilty of charges.

            The verdict was announced by U.S. Attorney Channing D. Phillips and Clark E. Settles, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Washington, D.C.

            Following a trial in the U.S. District Court for the District of Columbia, the jury found Burden and Wing-On LLC guilty of one count of conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations, one count of unlawful export of defense articles from the United States, and one count of conspiracy to commit money laundering. The Honorable Rosemary M. Collyer scheduled sentencing for Dec. 15, 2016. She ordered that Burden be placed in custody while awaiting the sentencing hearing.

            A co-defendant, Kitibordee Yindeear-Rom, 29, a native and citizen of Thailand, pled guilty to a conspiracy charge in November 2014.

            According to the government’s evidence, beginning at least in or about July 2010, Burden, Wing-On, LLC and Yindeear-Rom entered into an agreement to illegally ship United States origin goods, including defense articles - specifically gun parts - to Thailand.  As part of their agreement, Yindeear-Rom purchased gun parts from United States manufacturers through on-line purchases, and directed the purchased items to be sent to Burden and Wing-On, which was based in Carson, Calif., to conceal the ultimate destination of the purchases.

            Upon receipt of the gun parts, the items would be repackaged for shipment to Thailand.  Extending through at least October 2013 as part of the conspiracy, Burden and Yindeear-Rom caused to be purchased and shipped hundreds of different gun parts from the United States to Thailand without a license.  These gun parts included, for example, numerous firearm parts, including key components for AR-15 military-style assault rifles.

            The jury found that Burden and his company, Wing-On, LLC, acted without a license and in knowing violation of federal export and money-laundering law.

            In announcing the verdict, U.S. Attorney Phillips and Special Agent in Charge Settles commended the efforts of the Special Agents who investigated the case for U.S. Immigration and Customs Enforcement, Homeland Security Investigations. They also expressed appreciation for the assistance provided by the State Department’s Directorate of Defense Trade Controls, U.S. Customs and Border Protection, and the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Offices, including Assistant U.S. Attorneys Christopher B. Brown, Zia Faruqui, and Michael Friedman; Paralegal Specialists Elana Buruncenco and Jorge Casillas; Victim/Witness Advocates Yvonne Bryant and Tonya Brown, and Litigation Technology Specialists Anisha Bhatia and Josh Ellen. Finally, they commended the work of Assistant U.S. Attorneys Tejpal Chawla and Opher Shweiki, who prosecuted the case.

WASHINGTON – A federal judge has ordered Speqtrum Inc., a home health care agency, to pay the United States $6.15 million in civil damages after ruling in the government’s favor in a lawsuit alleging that the company violated the False Claims Act by repeatedly and routinely falsifying records to obtain funds from Medicaid.

            The judgment was announced today by U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.

            The United States filed suit against the company in 2010 and the case went to trial earlier this year in the U.S. District Court for the District of Columbia. In February 2016, the Honorable James E. Boasberg ruled in favor of the government, and on September 23, 2016, he issued the order setting damages.

            According to the government’s evidence, Speqtrum, Inc. is based in Upper Marlboro, Md., and operated in the District of Columbia. The company was a participating provider and received reimbursement from the District of Columbia’s Medicaid program.

            Under the Medicaid program, Speqtrum, Inc. was initially approved to furnish elderly and disabled patients with assistance in the day-to-day activities of living, such as bathing, dressing, and taking needed medications.  D.C. Medicaid, which is subsidized by the federal Medicaid program, paid for many of Speqtrum’s services for low-income patients.

            The District of Columbia’s Department of Health Care Finance discovered irregularities in Speqtrum’s records during a routine audit in May 2009. A team consisting of Special Agents from the FBI’s Washington Field Office and the U.S. Department of Health and Human Services Office of the Inspector General then began an investigation, which included the execution of search warrants on Speqtrum’s offices in Washington, D.C.  The documents collected confirmed that patient files contained forged signatures or falsified timesheets. One document contained various practice runs at forging a doctor’s signature – which later appeared in a patient file.  Still other documents demonstrated that employees alerted Speqtrum’s President and Founder, Pauline Nnawuba, to the fact that high-level employees had been defrauding Medicaid on the company’s behalf, but Speqtrum failed to report the conduct to Medicaid.  At the conclusion of the investigation, the United States filed the False Claims Act action, alleging a massive and routine pattern of fraud by high-level employees of Speqtrum.

            In his decision to treble the initial $1.3 million damages awarded to the United States under the False Claims Act, and to further impose an additional $10,000 civil penalty for each of the 216 D.C. Medicaid invoices submitted by Speqtrum, Judge Boasberg found the loss to Medicaid to be “substantial,” and further found that Speqtrum’s conduct was “egregious and willful in its cooking of the books, overbilling for hours not worked, charging … for clients it did not service, and forging physician signatures on its paperwork.”  Accordingly, Judge Boasberg awarded the United States a total of $6.15 million. The amount will be shared with the District of Columbia’s Medicaid program.

            In announcing the judgment, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Special Agent in Charge DiGiulio commended the work of those who investigated the case from the FBI and HHS-OIG. They also expressed appreciation for the assistance provided by the District of Columbia Office of the Attorney General and the Medicaid Fraud Control Unit of the District of Columbia Office of the Inspector General. Finally, they acknowledged the efforts of those who worked on the case and brought it to trial from the U.S. Attorney’s Office, including Assistant U.S. Attorney Darrell C. Valdez and Paralegal Specialist Idongesit “Benji” Umo.

            The lawsuit is captioned United States v. Speqtrum, Inc., Civil Action 10-cv-2111 (D.D.C.).

WASHINGTON – Antwon Pitt, 22, of Washington, D.C., pled guilty today to a charge of second-degree burglary stemming from a break-in he committed last fall of an apartment where a woman was sleeping, U.S. Attorney Channing D. Phillips announced.

            Pitt pled guilty in the Superior Court of the District of Columbia. In a separate proceeding, he was found guilty by a jury on June 8, 2016, of first-degree sexual abuse, kidnapping, first-degree burglary, robbery, threats, and felony assault, stemming from a sexual assault that he committed one week after the burglary that he pled to today.  Pitt faces additional penalties at sentencing because he committed these offenses while on release in a separate case.

            The Honorable Florence Pan scheduled sentencing for both crimes to take place on Oct. 21, 2016. Pitt remains in custody.

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

            Surveillance footage captured Pitt leaving the building and entering the nearby Brookland Metro station. Following Pitt’s arrest on Oct. 14, 2015, police recovered several of the victim’s personal items, including her cell phone, wallet, and several identification cards.

            The earlier jury verdict involved an attack that took place on Oct. 13, 2015, at approximately 2:15 p.m., at a home in Southeast Washington. In that case, the victim was alone and working at home on her computer. Suddenly she saw Pitt standing in her apartment. He had entered through an unlocked door. After learning that the woman was alone, he grabbed her and slammed her onto the floor. He proceeded to violently press his hand over the victim's mouth and nose as he forced her down the hall with his other hand around her throat.  Once in the victim's bedroom, he raped the victim on her own bed.  After the rape, he took the victim's phone, demanded her passcode, and left.  The victim was taken to the hospital where she was treated for her injuries, which included fractured facial bones requiring surgery.

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

WASHINGTON – A Chevy Chase, Maryland man was sentenced to 54 months in prison today after pleading guilty to a federal tax evasion charge stemming from his failure to pay taxes on more than $4.8 million in income that he accrued over a six-year period, announced U.S. Attorney Channing D. Phillips, Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and Special Agent in Charge Thomas Jankowski of the Internal Revenue Service-Criminal Investigation’s (IRS-CI) Washington, D.C. Field Office.

            Cornell M. Jones Jr., 59, pleaded guilty on Jan 19 to one count of tax evasion.  According to the government’s evidence, Jones was the managing member of WFJ LLC, a Washington, D.C. company that engaged in real estate transactions.  He was also the executive director of Miracle Hands, a non-profit organization in Washington, D.C.  In 2012, the IRS revoked Miracle Hand’s tax-exempt status over its failure to file tax returns for 2009 through 2011.

            The government’s evidence showed that neither Jones nor WFJ filed returns for 2008 through 2013.  WFJ generated income through the sale and leasing of commercial properties in Northeast Washington, D.C., and through payments it received for consulting work purportedly done by Jones.  Jones used WFJ’s income for his personal benefit, which included more than $1 million in cash that he withdrew from WFJ bank accounts.  During the years 2008 through 2013, Jones received approximately $4,806,019 in taxable income that he failed to report to the IRS.  The tax due and owing to the United States on this amount is approximately $1,759,953.

            In addition to the prison term, U.S. District Judge Richard J. Leon ordered Jones to serve three years of supervised release, perform 360 hours of community service and pay restitution to the IRS in the amount of $1,759,953.

            U.S. Attorney Phillips, Principal Deputy Assistant Attorney General Ciraolo, and Special Agent in Charge Jankowski thanked special agents of IRS-CI, who conducted the investigation, and Assistant U.S. Attorney Anthony Saler for the District of Columbia and Trial Attorney Kenneth C. Vert of the Tax Division, who prosecuted the case.  Assistance was provided by Assistant U.S. Attorneys David A. Last, Arvind K. Lal and Michael K. Atkinson; Criminal Investigator Juan Juarez; Financial Analyst Bryan J. Snitselaar; and Paralegal Specialists C. Rosalind Pressley and Toni Donato, all of the U.S. Attorney’s Office for the District of Columbia.

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

WASHINGTON – Jameil Michael Arrington, 23, of District Heights, Md., was sentenced today to a five-year prison term on a drug charge stemming from his sales of PCP to an undercover officer in 2014 and 2015, in Washington, D.C., U.S. Attorney Channing D. Phillips announced.

            Arrington pled guilty in May 2016, in the U.S. District Court for the District of Columbia, to one count of distribution of 100 grams or more of Phencyclidine (PCP).  The offense took place in June 2015. As part of his plea, Arrington also acknowledged responsibility for distributing PCP on ten other occasions from March of 2014 through June of 2015. At the time of the sales, he was on supervised release for two separate criminal cases in Maryland. He has been in custody since his arrest on Aug. 1, 2015. Arrington was sentenced by the Honorable Senior Judge Gladys Kessler. Following his prison term, he will be placed on five years of supervised release.

            According to the government's factual proffer, Arrington developed on ongoing illegal business relationship with an undercover officer who was posing as a redistributor of PCP.  Arrington first sold PCP to the undercover officer in March of 2014, and continued to sell PCP to the undercover officer in the District of Columbia both before and after Arrington was briefly incarcerated in the summer of 2014.  The undercover purchases continued into the summer of 2015.  

            In announcing the sentence, U.S. Attorney Phillips praised the work of the Metropolitan Police Department. He also commended the efforts of those who assisted at the U.S. Attorney’s Office, including Paralegal Specialists Teesha Tobias and Candace Battle, and Legal Assistant Latoya Wade.  Finally, he expressed appreciation for the work of Assistant U.S. Attorney Stephen J. Gripkey, who prosecuted the case.

WASHINGTON- Markell Alston, 23, and Darryl Malloy, 21, both formerly of Washington, D.C., were sentenced today to prison terms for the broad daylight slaying of a man in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Both men pled guilty in June 2016, in the Superior Court of the District of Columbia, to second-degree murder while armed in the death of Kevin Owens. Each also pled guilty in separate cases to assault with a dangerous weapon. They were each sentenced by the Honorable Robert E. Morin to a total of 26 years in prison. Following their prison terms, each man will be placed on five years of supervised release.

            According to the government’s evidence, Alston and Malloy were good friends who lived in the Woodland Terrace area of Southeast Washington. Mr. Owens, 22, was from the Congress Park area of Southeast Washington. In December 2014 and January 2015, Alston was angry that Mr. Owens had started dating the mother of two of Alston’s children.

            On Jan. 19, 2015, Martin Luther King Jr. Day, at about 2 p.m., Mr. Owens parked his car in the 3400 block of 13th Place SE, in the Congress Park area. While Mr. Owens was sitting in the driver’s seat of his car, Alston and Malloy approached the vehicle from behind. Both defendants were armed, and both fired multiple shots at Mr. Owens. They then ran away. Mr. Owens, who was struck by seven bullets, was found on the street near the driver’s side of his car.  The shooting was captured by a high-definition surveillance video camera installed in the area by the Metropolitan Police Department.

            In a separate case, Alston pled guilty to assaulting another inmate while he was in custody at the D.C. Jail in a noontime incident on Nov. 18, 2015. According to the government’s evidence, he and another inmate stabbed the victim with sharp objects. A corrections officer ran over and halted the attack. The victim was taken to a hospital and treated for 23 stab wounds, including on his head, neck, back, and arms.

            Malloy pled guilty to accosting a contractor who was installing safety lights on the afternoon of Sept. 15, 2014, on the roofs of buildings in the Woodland Terrace area. While the contractor was on a ladder, Malloy approached him, pulled a gun from his waistband, and yelled that he did not want the lights installed.

            Alston’s sentence includes 26 years for the murder and three years for the assault, to run concurrently. Malloy’s sentence includes 23 years for the murder and three years for the assault he committed, to run consecutively.

            In announcing the sentences, U.S. Attorney Phillips and Interim Chief Newsham commended the work of the Metropolitan Police Department, which investigated the murder case. They also expressed appreciation for the assistance provided by the District of Columbia Department of Corrections, the District of Columbia Department of Forensic Sciences, the FBI, and Bode Cellmark Forensics. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Zekiah Wright, former Paralegal Specialist Karen Hansen, Investigative Analyst Zachary McMenamin, Criminal Investigators John Marsh and Durand Odom, Victim/Witness Advocate Marcia Rinker, Supervisor Security Specialist Michael Hailey, and Victim/Witness Security Specialists M. Laverne Forrest and Tanya Via. Finally, they commended the efforts of Assistant U.S. Attorneys Natalia Medina, Jeffrey Nestler, Lindsey Merikas, and Dineen Baker, who investigated and secured indictments in the various cases.

            WASHINGTON –Jared Kline a former emergency room staff nurse, was sentenced today to 45 months in prison for sexually abusing three patients in separate incidents at area hospitals, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Kline, 39, of Springfield, Va., was found guilty by a jury in June 2016 of three counts of second-degree sexual abuse of a patient, including two with aggravating circumstances. The verdicts followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Michael Ryan. The judge sentenced Kline to a total of 86 months in prison, but suspended all but 45 months of that time on the condition he successfully complete five years of probation.  Judge Ryan also imposed a period of 10 years of supervised release. During his supervised release, he may not work in any field involving contact with patients. Additionally, he must register as a sex offender for the rest of his life. Kline was taken into custody today.

            “This defendant sexually abused victims at especially vulnerable times, when they were turning to him for treatment in hospital emergency rooms,” said U.S. Attorney Phillips. “Hopefully today’s sentence will deter this defendant and others from engaging in similar conduct and bring some relief to the women who were traumatized by his reprehensible acts.”

            According to the government’s evidence, between 2013 and 2014, Kline was a traveling nurse in the Washington, D.C. area, taking shifts in the emergency departments at various hospitals. In three separate instances, he intentionally thrust his penis against the victims’ hands while purporting to provide them with medical care. Two came forward soon after their release from the hospitals, while one reported while she was still at the hospital. All were interviewed by the Metropolitan Police Department.

            One incident took place early May 12, 2013, at the George Washington University Hospital. Another occurred on the evening of Dec. 28, 2013 at the Washington Hospital Center. The third incident took place late Aug. 23, 2014 at United Medical Center. According to the government’s evidence, each victim was very ill, alone, and extremely vulnerable in the emergency room. Each was under the medical care of the defendant. Kline was responsible for taking the victims’ vital signs, inserting their IV’s, and administering their medications. On each occasion, he began flirting with the victim. While it may have seemed inappropriate, the victims believed the flirting was meant to calm them and reduce their anxiety. Then, while inserting an IV or affixing a blood pressure cuff, Kline sexually assaulted the victim.

            In announcing the sentence, U.S. Attorney Phillips and Interim Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department and its Sexual Assault Unit. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Jodi Lazarus, Christopher Macchiaroli, Chrisellen Kolb, Katherine Kelly, and Deborah Sines; Elizabeth Trosman, Chief of the Appellate Division; Victim/Witness Advocate Tracey Hawkins; Paralegal Specialists D’Yvonne Key and Tiffany Jones, and Litigation Technology Specialist Leif Hickling. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Jason Park and John B. Timmer, who investigated and prosecuted the case.

WASHINGTON – Jeffery Wood, 20, of Washington, D.C., was sentenced today to a prison term of 9 ½-years on charges stemming from an armed home invasion that took place earlier this year in Northeast Washington, U.S. Attorney Channing D. Phillips announced.

            Wood pled guilty in June 2016, in the Superior Court of the District of Columbia, to charges of first-degree burglary and assault with a dangerous weapon. He was sentenced by the Honorable Zoe Bush. Upon completion of his prison term, he will be placed on three years of supervised release.

            According to the government’s evidence, the victim and her 11-month-old son were at her boyfriend’s apartment in the 5000 block of Jay Street NE at about 2:05 p.m. on Feb. 24, 2016. While her boyfriend was gone, the victim heard a knock on the bedroom door. When she opened the door, she was confronted by three men, each dressed in black, wearing a black mask, and armed with a black firearm. She recognized Woods as one of the assailants. He ordered her and her son to enter and remain in the bathroom, as one of the other men stood guard at gunpoint. During the 20-minute ordeal, this man pointed his firearm at the child’s head, leading the victim to place him in the bathtub and close a shower curtain to protect him. The three men finally left. A flat-screen television, shoes, and a Sony PlayStation4 were then determined to be missing from the apartment.

            Wood was arrested on March 10, 2016, still in possession of a black mask. He has remained in custody ever since. No one else has been arrested in the case.     

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Sixth District of the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Jennifer Allen and Assistant U.S. Attorneys Ahmed M. Baset and Alicia Long, who investigated and prosecuted the case.

WASHINGTON – Tavon Moore, 27, of Washington, D.C., was sentenced today to 15 years in prison for a domestic violence incident in which he shot his former girlfriend and another man, wounding her and killing him, U.S. Attorney Channing D. Phillips announced.

            Moore pled guilty in July 2016, in the Superior Court of the District of Columbia, to charges of voluntary manslaughter while armed and assault with a dangerous weapon. The plea agreement, which was contingent upon the Court’s approval, called for a sentence of 15 years in prison, to be followed by five years of supervised release. The Honorable Lynn Leibovitz accepted the plea today and sentenced Moore accordingly. At the hearing today, Judge Leibovitz noted that the shooting was the culmination of a lengthy history of domestic violence.

            According to the government’s evidence on March 4, 2016, just before 3 p.m., Moore’s ex-girlfriend and a friend, Noel Rezene, 26, drove to Moore’s apartment in the 3300 block of 23rd Street SE. Also in the car was the 2-year-old child of the ex-girlfriend and Moore. Shortly after arriving, Moore’s ex-girlfriend brought their child to the apartment. She then came across Moore outside the apartment building, and the two argued. During the course of the argument, Mr. Rezene displayed a firearm and asked Moore to stop speaking in a disrespectful manner. The ex-girlfriend then went to retrieve the child from the apartment. Moore also proceeded to return to his apartment. Mr. Rezene followed them both into the building.

            The ex-girlfriend then retrieved the child and fled with her to her car, which was parked in a nearby parking lot. Mr. Rezene then began shooting through the door of Moore’s apartment and into the apartment that was then occupied by the defendant and his family.

            Moore retrieved a firearm from within the apartment and began shooting back through the door at Mr. Rezene, striking him at least once. Mr. Rezene fled towards the car, which by then was occupied by Moore’s ex-girlfriend and the child. As Mr. Rezene neared the car, Moore shot him again, causing Mr. Rezene to stumble and drop his firearm. Mr. Rezene got into the car and Moore’s ex-girlfriend backed the vehicle away, trying to flee.  Moore chased after the car, firing multiple shots into it, striking both Mr. Rezene and the ex-girlfriend.  At least one shot went through the front windshield on the driver’s side.  The child was not struck by any gunfire.

            Moore’s ex-girlfriend drove to a nearby hospital, where Mr. Rezene was pronounced dead from the gunshot wounds inflicted by the defendant.  She received treatment for multiple gunshot wounds to her right arm and the right side of her torso.

            During his plea, Moore acknowledged that he was not acting in self-defense when shooting his ex-girlfriend, and even if his actions against Mr. Rezene were taken in self-defense, by following him outside and continuing to shoot, he used excessive force.

            Moore has been convicted of multiple prior domestic violence assaults against his ex-girlfriend, and was on probation for one of those assaults at the time of the shooting.  That probation has since been revoked.

            In announcing the sentence, U.S. Attorney Phillips commended the work of the detectives of the Criminal Investigations Division Homicide Branch, crime scene officers, and the Seventh Police District of the Metropolitan Police Department.  He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Marcia Rinker of the Victim/Witness Assistance Unit; Paralegal Specialist Stephanie Siegerist; Criminal Investigator John Marsh, and Intern Anthony Jankowski.  He also commended the efforts of Assistant U.S. Attorneys Christopher Bruckmann and Akhi Johnson, who investigated and prosecuted the case.

WASHINGTON – Dwayne Hilton, 25, of Washington, D.C., has been found guilty of first-degree murder while armed and other charges for the 2011 slaying of a man in Northeast Washington, U.S. Attorney Channing D. Phillips announced today.

            Hilton was found guilty on Sept, 21, 2016 of the murder charge, three counts of assault with intent to kill while armed, and related firearms offenses. The verdict followed a trial in the Superior Court of the District of Columbia. He is to be sentenced on Dec. 9, 2016, by the Honorable José M. Lopez. Hilton faces a potential sentence of life in prison.

            According to the government’s evidence, on Nov. 26, 2011, at approximately 12:35 a.m., Hilton and an unknown accomplice followed the victim, 18-year-old Mico Briscoe, and his friends for approximately two blocks, as they walked to the Circle 7 convenience store in the 1200 block of Mount Olivet Road NE. Hilton and the accomplice ran up behind Mr. Briscoe and his friends. As Mr. Briscoe and three friends approached the front door of the Circle 7, they were shot approximately 19 times from behind.  Mr. Briscoe was shot once directly in the back, and once from a ricochet in the clavicle.  He died several hours later.  One of his friends was shot in the elbow, and survived.  The remaining two friends suffered graze wounds.

            This shooting is believed to have arisen from an old rivalry between two neighborhood groups in the Trinidad and E Street/Rosedale areas. Hilton was arrested on Feb. 11, 2013, and has been in custody ever since.

            In announcing the verdict, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by the U.S. Marshals Service, the FBI, and the District of Columbia Department of Forensic Sciences. He acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Chrisellen Kolb; Litigation Technology Specialist Leif Hickling; Investigative Analyst Zachary McMenamin, and Paralegal Specialists Benjamin Kagan-Guthrie, Sandra Lane, and Zekiah Wright. Finally, he commended the work of Assistant U.S. Attorney Shana Fulton, who investigated the case and secured the defendant’s indictment, and Assistant U.S. Attorneys Sharon Donovan and Alicia Long, who investigated and prosecuted the case.

            WASHINGTON –The U.S. Attorney’s Office for the District of Columbia, the District of Columbia Department of Parks and Recreation, and other government and community partners are leading an event Thursday, Sept. 22, 2016, at Marvin Gaye Park to raise awareness about the rising public health crisis caused by drug overdoses.

            The event is open to the public and runs from 10 a.m. to 2 p.m. at the park, which is at the corner of Division Avenue and Foote Street in Northeast Washington. The program is designed to educate the community about the heroin and opioid epidemic. Substance abuse treatment counselors will be present to provide information and make direct referrals to treatment programs. Music will be provided by DJ FLAVA of WKYS Radio (93.9 FM). In addition, music will be performed by the Amazing Gospel Souls – the Lorton Legends.

            “We must do everything we can to fight the heroin and opioid epidemic that is threatening communities across the nation,” said U.S. Attorney Channing D. Phillips. “Raising awareness about the lethal consequences of heroin and opioid abuse is a priority of our office and we hope this week’s event at Marvin Gaye Park will launch meaningful action and discussion.”

            President Obama has proclaimed this to be National Heroin and Opioid Awareness Week. Attorney General Loretta E. Lynch and other officials are making appearances across the nation throughout the week to highlight the problem and to reinforce the Justice Department’s three-fold approach to the opioid and heroin epidemic:  1) prevent further tragedies by raising awareness regarding the opioid and heroin epidemic; 2) focus on enforcement priorities and highlight best practices; and 3) deploy resources for treatment.

            More Americans now die every year from drug overdoses than they do in motor vehicle crashes—and most of those involve prescription opioids or heroin. In 2014, more than 27,000 lives were lost to heroin and opioids, and reports from the field indicate that this number has increased in 2015 and this year.  The largest share of this toll comes from the abuse of prescription opioids, but the number of deaths from heroin has increased dramatically over the last several years.  Particularly disturbing is the recent rise of deaths caused by fentanyl, a synthetic opioid that is much stronger than heroin, and its derivatives.

            Opioids historically have been used as painkillers, but they also have great potential for misuse. Repeated use of opioids greatly increases the risk of developing an opioid use disorder. The use of illegal opiate drugs such as heroin and the misuse of legally available pain relievers such as oxycodone and hydrocodone can have serious negative health effects.

            Many young people who inject heroin report misuse of prescription opioids before starting to use heroin. In addition to increasing the risk of overdose, the intravenous use of heroin places individuals at higher risk of diseases like HIV and hepatitis C.

            Others taking part in the event Thursday include the Court Services and Offender Supervision Agency; the Metropolitan Police Department; the FBI’s Washington Field Office;  the U.S. Drug Enforcement Administration; the Metro Transit Police Department; the District of Columbia Office of the Attorney General; the District of Columbia Department of Health;  the District of Columbia Department of Behavioral Health; the District of Columbia Fire and Emergency Medical Services Department; the District of Columbia Prevention Center for Wards 7 & 8;  Hillcrest Children and Family Center;  Collaborative Solutions for Communities; Foundation for a Drug Free World, and the East River Family Strengthening Collaborative.

            Thursday’s event is among a series of presentations this week by the U.S. Attorney’s Office and several local partners to various audiences in the District of Columbia.

            Those with questions or interest in the event Thursday may contact Supervisory Community Outreach Specialist Brenda J. Horner at 202-252-6959 or [email protected].

 

Twitter: #opioidawareness

WASHINGTON – Two Maryland men were sentenced today for their involvement in a far-reaching stolen identity refund fraud scheme in which they worked with others to seek over $700,000 in income tax refunds through the filing of fraudulent federal income tax returns, announced U.S. Attorney Channing D. Phillips, Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, Special Agent in Charge Thomas Jankowski of the Internal Revenue Service-Criminal Investigation (IRS-CI), Inspector in Charge Terrence P. Mckeown of the U.S. Postal Inspection Service, Washington Division, and Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of the Treasury.

            Wayne Gardner, 50, of Capitol Heights, Maryland, and Michael Whittaker, 32, of Cumberland, Maryland, are among approximately 20 participants in this scheme who have pleaded guilty to charges in the U.S. District Court for the District of Columbia.  According to court documents, the overall case involves the filing of at least 12,000 fraudulent federal income tax returns that sought refunds of at least $42 million. The two men pleaded guilty on Jan. 20, to one count each of conspiracy to commit theft of public money and theft of public money.

            U.S. District Judge Ellen S. Huvelle for the District of Columbia sentenced Gardner to serve 16 months in prison, 200 hours of community service and ordered him to pay $158,160 in restitution to the IRS, and sentenced Whittaker to serve18 months in prison and ordered him to pay $397,090 in restitution to the IRS.  The restitution ordered represents the value of the U.S. Treasury checks that were negotiated as a result of their conduct.  Following their prison terms, the men will be placed on three years of supervised release.

            According to the government’s evidence, Gardner and Whittaker participated in a massive and sophisticated stolen identity refund fraud scheme that involved an extensive network of more than 130 people, many of whom were receiving public assistance. The refunds were sought for tax years 2005 through 2012, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners.  Returns were also filed in the names of, and refunds were issued to, people who were willing participants in the scheme.  The refunds listed more than 400 “taxpayer” addresses located in the District of Columbia, Maryland and Virginia.

            According to documents filed with the court, Gardner and Whittaker obtained the means of identification of third parties, including names and social security numbers and provided them to a co-conspirator for use in the preparation of fraudulent income tax returns.  Whittaker admitted to providing 21 means of identification from August 2010 to May 2012.  He also permitted various residential addresses that he controlled to be used as purported taxpayer addresses for the delivery of tax refund checks and deposited U.S. Treasury checks that were received as part of this scheme into his bank accounts.  Gardner admitted to providing 65 means of identification to a co-conspirator between August and December 2010, and his involvement in the filing of 116 fraudulent tax returns that sought refunds of approximately $299,984.  Whittaker admitted that he was involved in the filing of 135 fraudulent tax returns that sought refunds of approximately $494,902.

            The fraudulent tax returns that were filed as part of the scheme included Schedules C or C-EZ that falsely claimed that each “taxpayer” operated a business, such as “barber” or “childcare,” as a sole proprietorship.  The returns falsely stated that the “taxpayer” had gross receipts and two or more dependent children, when, in fact, the “taxpayer” was either a victim of identity theft, was misled into providing his or her identifying information, or was a willing participant in the scheme.

            Two other defendants recently were sentenced for their roles in the conspiracy:

            Bernard Rankin, 44, of Glenarden, Maryland, was sentenced to serve 15 months in prison and ordered to perform 100 hours of community service and pay $190,487 in restitution.  He pleaded guilty on Nov. 4, 2015, to conspiracy to defraud the United States with respect to claims.  Rankin admitted permitting the use of his residential address and bank account in the scheme and recruiting another individual to take part as well.

            Lakisha Jackson, 40, of District Heights, Maryland, was sentenced to serve six months in a halfway house and ordered to perform 100 hours of community service and pay $175,953 in restitution.  She pleaded guilty on May 3, to one count of conspiracy to commit theft of public money. Jackson admitted that she allowed her residential address to be used in the scheme.

            In announcing the sentences, U.S. Attorney Phillips, Principal Deputy Assistant Attorney General Ciraolo, Special Agent in Charge Jankowski, Inspector in Charge Mckeown and Assistant Inspector General Phillips commended those who investigated the case.  They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office of the District of Columbia, including former Assistant U.S. Attorney Sherri L. Schornstein and Paralegal Specialists Donna Galindo, Julie Dailey, and Jessica Mundi.  Finally, they expressed appreciation for the work of Assistant U.S. Attorney Ellen Chubin Epstein of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorneys Jeffrey B. Bender and Thomas F. Koelbl and former Trial Attorney Jessica Moran of the Tax Division, who prosecuted the case.

WASHINGTON – Enrique Carbajal, 25, of Wheaton, Md., pled guilty today to a charge of first-degree sexual abuse of a child for sexually abusing a 12-year-old girl earlier this year in Northwest Washington, U.S. Attorney Channing Phillips announced.

            Carbajal pled guilty in the Superior Court of the District of Columbia before the Honorable José M. Lopez.  The plea, which is subject to the Court’s approval, calls for a prison sentence of 90 months. Judge Lopez set a sentencing date for Nov. 29, 2016. In addition to prison time, Carbajal will be required to register as a sex offender for ten years.

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

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

            Both Carbajal and the roommate were arrested in Montgomery County, Md., on June 3, 2016, and have been held in jail during the pendency of their cases.  The roommate pled guilty to one count of second-degree rape in the Circuit Court for Montgomery County on Aug. 17, 2016.  He will be sentenced on Nov. 21, 2016, before the Honorable Mary McCormick.

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

WASHINGTON - Tayshawn Sellers, 18, of Washington, D.C., pled guilty today to a charge of assault with intent to kill while armed for attacking a woman earlier this year at a Southeast Washington park, U.S. Attorney Channing D. Phillips announced.

            Sellers pled guilty in the Superior Court for the District of Columbia. The charge carries a statutory maximum of 30 years in prison. Under the court’s voluntary sentencing guidelines, he could face a range of 7 ½ to 15 years in prison; however, the court could impose a sentence outside of that range if it finds a substantial and compelling aggravating or mitigating factor. The Honorable Michael Ryan scheduled sentencing for Nov. 30, 2016.

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

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

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

WASHINGTON – Patricia Pauline Driscoll, the former executive director of the Armed Forces Foundation, was indicted today on federal charges stemming from a scheme in which she allegedly stole from the non-profit charity, defrauded donors, and lied to the Internal Revenue Service and the public about her salary and benefits.

            The indictment was announced by U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Thomas Jankowski, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).

            Driscoll, 38, of Ellicott City, Maryland, will be arraigned at a later date in the U.S. District Court for the District of Columbia. She was named in an indictment charging her with two counts each of wire fraud, mail fraud, and tax evasion, and one count of attempts to interfere with administration of Internal Revenue laws, all federal offenses. She also was charged with first-degree fraud, a District of Columbia offense.  The indictment also includes a forfeiture allegation seeking all proceeds that can be traced to the alleged fraud scheme.

            According to the indictment, until July 2015, Driscoll was the executive director of the Armed Forces Foundation, a tax-exempt non-profit charity based in Washington, D.C.  The foundation’s stated mission is to protect and promote the physical, mental, and emotional wellness of military service members, veterans, and their families.

            While Driscoll was the executive director, in its promotions and requests for money, the Armed Forces Foundation claimed that 94 - 96% of all donations went directly to military members and their families through the charity’s programs. As a “highly compensated individual,” Driscoll’s salary and benefits were required to be disclosed on forms (called “Form 990”) to be filed each year with the IRS. These publicly available documents are often used by charity watch groups and donors to judge worthiness of the charity and by the IRS to determine whether the organization was operating with IRS law and regulations.

            The indictment alleges that Driscoll caused false reports to be filed on the Form 990s in a number of ways. She is accused, for example, of failing to include the fact that she received commissions from fundraising, the amounts of commissions that she received from fundraising, and the other benefits that she received. Driscoll also is accused of falsely categorizing and causing others to falsely categorize expenses in the Armed Forces Foundation’s books and records as being for the benefit of the veterans, troops, and their families, when, in fact, they were for her own private benefit. Driscoll also is accused of concealing from the foundation’s accountants the money she took from the charity, such as rent that was paid for the use of office space in a building that she co-owned. Additionally, she is accused of falsely reporting and causing others to falsely report the amount of donations received by the foundation on Form 990s, by inflating the amounts of donations, incorrectly listing the types of donations, and including donors who did not, in fact, actually donate. The indictment further alleges that Driscoll sent false and fraudulent Form 990s to members of the foundation’s Board of Directors and to the IRS, and caused to be published Form 990s, containing false and fraudulent information, on the foundation’s website, knowing that they would be available and viewed by charity watch groups, potential donors, and others.

            The indictment also alleges that Driscoll took the foundation’s money for her own personal use and to pay her for-profit business expenses.  Finally, the indictment charges tax evasion for tax years 2012 and 2013.

            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 Director in Charge Abbate, and Special Agent in Charge Jankowski commended the work performed by Special Agents from the FBI and the IRS.  They also acknowledged the efforts of those working at the U.S. Attorney’s Office, including former Paralegal Specialist Corinne Kleinman; Paralegal Specialist Kaitlyn Kruger; Information Technology Specialist Leif Hickling; Litigation Technology Supervisor Josh Ellen, and Assistant U.S. Attorney Diane Lucas, of the Asset Forfeiture and Money Laundering Section. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the case.

Defendant Accused of Stealing from Charity, Defrauding Donors, Lying to IRS

The former executive director of the Armed Forces Foundation was indicted today on federal charges stemming from a scheme in which she allegedly stole from the non-profit charity, defrauded donors, and lied to the Internal Revenue Service (IRS) and the public about her salary and benefits.

The indictment was announced by U.S. Attorney Channing D. Phillips for the District of Columbia, Assistant Director Paul M. Abbate in Charge of the FBI’s Washington Field Office and Special Agent in Charge Thomas Jankowski of the Washington Field Office of the IRS-Criminal Investigation.

Patricia Pauline Driscoll, 38, of Ellicott City, Maryland, will be arraigned at a later date in the U.S. District Court for the District of Columbia.  She was named in an indictment charging her with two counts each of wire fraud, mail fraud and tax evasion and one count of attempts to interfere with administration of Internal Revenue laws, all federal offenses.  She also was charged with first-degree fraud, a District of Columbia offense.  The indictment also includes a forfeiture allegation seeking all proceeds that can be traced to the alleged fraud scheme.

According to the indictment, until July 2015, Driscoll was the executive director of the Armed Forces Foundation, a tax-exempt non-profit charity based in Washington, D.C.  The foundation’s stated mission is to protect and promote the physical, mental and emotional wellness of military service members, veterans and their families.

While Driscoll was the executive director, in its promotions and requests for money, the Armed Forces Foundation claimed that 94 - 96 percent of all donations went directly to military members and their families through the charity’s programs.  As a “highly compensated individual,” Driscoll’s salary and benefits were required to be disclosed on forms (Form 990) to be filed each year with the IRS.  These publicly available documents are often used by charity watch groups and donors to judge worthiness of the charity and by the IRS to determine whether the organization was operating with IRS law and regulations.

The indictment alleges that Driscoll caused false reports to be filed on the Form 990s in a number of ways.  She is accused, for example, of failing to include the fact that she received commissions from fundraising, the amounts of commissions that she received from fundraising and the other benefits that she received.  Driscoll also is accused of falsely categorizing and causing others to falsely categorize expenses in the Armed Forces Foundation’s books and records as being for the benefit of the veterans, troops and their families, when, in fact, they were for her own private benefit.  Driscoll also is accused of concealing from the foundation’s accountants the money she took from the charity, such as rent that was paid for the use of office space in a building that she co-owned.  Additionally, she is accused of falsely reporting and causing others to falsely report the amount of donations received by the foundation on Form 990s, by inflating the amounts of donations, incorrectly listing the types of donations and including donors who did not, in fact, actually donate.  The indictment further alleges that Driscoll sent false and fraudulent Form 990s to members of the foundation’s Board of Directors and to the IRS and caused to be published Form 990s, containing false and fraudulent information, on the foundation’s website, knowing that they would be available and viewed by charity watch groups, potential donors and others.

The indictment also alleges that Driscoll took the foundation’s money for her own personal use and to pay her for-profit business expenses.  Finally, the indictment charges tax evasion for tax years 2012 and 2013.

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 Director in Charge Abbate and Special Agent in Charge Jankowski commended the work performed by Special Agents from the FBI and the IRS.  They also acknowledged the efforts of those working at the U.S. Attorney’s Office, including former Paralegal Specialist Corinne Kleinman; Paralegal Specialist Kaitlyn Kruger; Information Technology Specialist Leif Hickling; Litigation Technology Supervisor Josh Ellen and Assistant U.S. Attorney Diane Lucas, of the Asset Forfeiture and Money Laundering Section.  Finally, they expressed appreciation for the work of Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the case.

WASHINGTON – Raymond Carter, 72, of Rancho Cordova, Calif., pled guilty today to a charge of traveling interstate to engage in illicit sexual conduct with a minor, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Interim Chief of the Metropolitan Police Department (MPD).

            Carter pled guilty in the U.S. District Court for the District of Columbia. He is to be sentenced Dec. 7, 2016, by the Honorable Tanya S. Chutkan. Carter faces a statutory maximum of 30 years in prison and a potential fine of up to $250,000. Under federal sentencing guidelines, he faces a likely range of 210 to 262 months in prison and a fine of up to $200,000. He also will be required to register as a sex offender for 25 years upon his release from prison.

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

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

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

            In announcing the guilty plea, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Interim Chief Newsham praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Andrea L. Hertzfeld, who is prosecuting the case.

WASHINGTON – Azeik Keys, 38, of Washington, D.C., has been sentenced to six years in prison on charges stemming from his failure to register as a sex offender and threats he made to kill the mother of his son, U.S. Attorney Channing D. Phillips and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia, announced today.

            Keys was found guilty in June 2016, in the Superior Court of the District of Columbia, of failure to register as a sex offender, and felony threats.  He was sentenced on Sept. 15, 2016, by the Honorable Todd E. Edelman.  After his prison term, Keys will be placed on five years of supervised release.

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

            The U.S. Marshals Service began an investigation in January 2015, and Keys’s true residence was ultimately located in Southeast Washington. On April 15, 2015, when Deputy U.S. Marshals entered his house to arrest him, Keys attempted to flee out his bedroom window.  He was apprehended on the scene. Additional evidence linking Keys to the address was found in the defendant’s bedroom.

            In late 2015, while Keys was in jail awaiting trial on charges stemming from this incident, the mother of his young son brought to the government a letter that Keys had sent her from jail threatening to kill her or to have her killed.  Fingerprint and handwriting analysis and recorded calls made by Keys from jail confirmed that Keys sent the letter.

            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 registration laws by knowingly failing to comply with their sex offender registration requirements.

            In announcing the sentence, U.S. Attorney Phillips and Marshal Hughes commended the work of those who investigated the case from the U.S. Marshals Service, particularly Deputy Marshals William Straw, Justin Bankert, and Jesse Miller.  They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Assistant U.S. Attorney Elizabeth Danello; Supervisor Security Specialist Michael Hailey; Victim/Witness Advocate Tracey Hawkins; and Paralegal Specialist D'Yvonne Key.  Finally, they commended the work of Assistant U.S. Attorney Michael Marando, who was responsible for the initial investigation, and Assistant U.S. Attorneys John Timmer and Sumit Mallick, who secured the indictment and tried the case.

WASHINGTON - Eugenia C. Harris, a business owner in the District of Columbia, was sentenced today to 90 days in a halfway house or community corrections facility and an additional 180 days of home confinement for taking part in a conspiracy to disguise the source of campaign contributions in federal and local elections, including the 2010 District of Columbia mayoral campaign, and then taking steps to conceal the illegal activities from investigators.

     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).

     Harris pled guilty on July 10, 2012, in the U.S. District Court for the District of Columbia, to three charges: one count of conspiring to violate federal campaign finance law and to obstruct justice; one count of engaging in fraud and making false statements, and one count of conspiring to violate District of Columbia campaign finance law. The Honorable Colleen Kollar-Kotelly sentenced Harris to one day in jail, which she already has served, and three years of supervised release. The 90 days in a halfway house or community corrections center and the 180 days of home confinement are to take place at the start of the period of supervised release. Judge Kollar-Kotelly also fined Harris $1,000.

     Harris, 79, of Washington, D.C., admitted to participating in a scheme with business owner Jeffrey E. Thompson and others, in which Thompson’s funds were used to make conduit contributions to various federal and District of Columbia political candidates and to finance “shadow campaigns” of unreported contributions and expenditures in support of candidates.

     Thompson is the former chairman, chief executive officer, and majority owner of Thompson, Cobb, Bazilio and Associates (TCBA), a corporation that provided accounting, management, consulting, and tax services. He also is the former chairman, chief executive officer, and owner of D.C. Healthcare Systems, Inc. (DCHSI), an investment holding and for-profit corporation. In his guilty plea, Thompson admitted using funds from those corporations to secretly finance campaign contributions and activities from at least 2006 until 2012. He was sentenced on Aug. 15, 2016 to three months of incarceration, to be followed by 90 days of home confinement. Both Thompson and Harris ultimately cooperated with the investigation.

     Harris and Thompson are among 14 people who pled guilty to charges in a broader investigation related to federal and local political campaigns. They are among six defendants who pled guilty to offenses directly involving or connected to the 2010 District of Columbia mayoral election. All 14 defendants charged in this investigation have now been sentenced.

     According to the government’s evidence, Harris, Thompson, and others conspired with each other to make contributions in violation of the prohibition against disguised contributions made through conduits in various District of Columbia and federal elections.

     Further, in 2010, Harris conspired with Thompson and others to use over $653,000 of Thompson’s funds to implement a shadow get-out-the-vote effort to support a candidate running for Mayor of the District of Columbia. Money for this campaign passed through Belle International, Inc., one of Harris’s companies.

     In 2011, when the mayoral shadow campaign was being investigated, Harris conspired to, and did, obstruct the investigation. Among other things, she created false documentation and filed false 2010 federal and District of Columbia tax returns for Belle International - essentially characterizing the shadow campaign payments from Thompson as a legitimate business arrangement. By deducting these non-deductible expenses of the shadow campaign from her company, Harris caused a total tax loss of $402,366.

     The Federal Election Campaign Act establishes limits on the amounts that individuals can contribute to individual and multi-candidate political action committees. It also prohibits a person from making a political contribution in the name of another person. The act bars a person from reimbursing a donor who has already given to a candidate. In addition, the law bans corporations from contributing money to candidates for federal public office.

     The District of Columbia Campaign Finance Reform Act and Conflict of Interest Act similarly regulates financial activity intended to influence the election of candidates for District of Columbia office.

     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. Attorneys Ellen Chubin Epstein and Lionel André, 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. Attorney Michael K. Atkinson and Special Assistant U.S. Attorney Jonathan P. Hooks, who represented the government at sentencing.

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WASHINGTON – Michael Wiggins, 27, of Washington, D.C., was sentenced today to a seven-year prison term on charges stemming from a shooting last spring that injured a 7-year-old bystander, U.S. Attorney Channing D. Phillips announced.

            Wiggins pled guilty on Aug. 19, 2016, in the Superior Court of the District of Columbia, to one count of aggravated assault while armed and one count of possession of a firearm during a crime of violence. The plea, which was contingent upon the Court’s approval, called for a seven-year prison term. The Honorable Zoe Bush accepted the plea and sentenced Wiggins accordingly. After his prison term, Wiggins will be placed on five years of supervised release.

            In his plea, Wiggins admitted that on April 8, 2016, at about 9:30 p.m., he was in the 2900 block of Knox Place SE, and had been fighting with his cousin. As his cousin was leaving Knox Place by car, Wiggins fired four shots at the vehicle, shattering its back windshield. Meanwhile, the victim, a 7-year-old girl, was arriving home with her family after an outing to Chuck E. Cheese. One of the shots hit her in the chest and she fell to the ground. The victim was immediately transported to Children’s National Medical Center and has made a full recovery.

            Officers with the Metropolitan Police Department (MPD) were swift to identify Wiggins as the shooter and he was arrested on April 11, 2016. Wiggins admitted that he was shooting at his cousin that night.

            In announcing the sentence, U.S. Attorney Phillips commended those who investigated the case from the Metropolitan Police Department. He also acknowledged the work of those handling the case at the U.S. Attorney’s Office, including Paralegal Specialist Antoinette Sakamsa, Victim/Witness Advocate Jennifer Allen, and Assistant U.S. Attorney Margaret E. Barr, who prosecuted the matter.

WASHINGTON – Irfan Demirtas, 58, a dual Dutch-Turkish citizen, pleaded guilty today to providing material support to the Islamic Movement of Uzbekistan (IMU), a designated foreign terrorist organization.

            The plea was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Channing D. Phillips of the District of Columbia, and Assistant Director in Charge Paul M. Abbate of the FBI’s Washington Field Office.

            Demirtas pleaded guilty in the U.S. District Court for the District of Columbia and is to be sentenced on Nov. 30, 2016 by the Honorable Randolph D. Moss. The charge carries a statutory maximum of 15 years in prison and potential financial penalties.  The plea agreement calls for Demirtas to be removed from the United States upon completion of his prison term.

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

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

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

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

WASHINGTON – Curtis Fogg, 29, of Washington, D.C., pled guilty today to offenses stemming from a series of armed robberies that targeted commercial businesses in Washington, D.C. and Maryland during a three-week period in 2014.

            The guilty plea was announced by Channing D. Phillips, U.S. Attorney for the District of Columbia; Rod J. Rosenstein, U.S. Attorney for the District of Maryland; Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office; Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and Hank Stawinski, Chief of the Prince George’s County, Md. Police Department.

            Fogg pled guilty in the U.S. District Court for the District of Columbia to nine counts of interference with interstate commerce by robbery, one count of using, carrying, and possessing a firearm in furtherance of a crime of violence, and one count of armed robbery. The plea, which is contingent upon the Court’s approval, calls for a prison sentence of 20 to 22 ½ years. The Honorable Senior Judge Paul L. Friedman scheduled sentencing for Jan. 11, 2017.

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

            “For nearly three weeks, Curtis Fogg armed himself with a gun and held up restaurants, convenience markets and cellphone stores,” said U.S. Attorney Phillips. “He was apprehended after a concerted effort by law enforcement and now has taken responsibility for his crimes. This prosecution demonstrates the commitment shared by federal and local law enforcement to target violent offenders who threaten the safety of our communities.”

            “Curtis Fogg violently targeted our local area business community, threatening and endangering lives for his own financial gain,” said Assistant Director in Charge Abbate.  “The FBI will continue to work closely with our exceptional partners at the Metropolitan and Prince George’s County Police Departments to track down and stop those who threaten our citizens with violence.  Today’s guilty plea sends a strong message that crime that does not pay.”

            “The Prince George’s County Police Department thanks our federal and local law enforcement partners for their tremendous efforts in this case. Together, we were able to arrest and prosecute a suspect who brazenly targeted businesses in our community in the summer of 2014. We are pleased he can no longer victimize anyone in our region,” said Chief Stawinski.

            The robberies included:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

            Fogg was arrested on Sept. 5, 2014 and has been in custody ever since. At the time of his arrest, he was on supervised release following a 2009 conviction in the Superior Court of the District of Columbia for possession with the intent to distribute cocaine.

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

WASHINGTON – Carlton Hammond, 28, of Washington, D.C., was sentenced today to 18 years in prison on charges stemming from the slaying of a man in a broad daylight attack that took place in Northwest Washington, U.S. Attorney Channing D. Phillips announced.

            Hammond was found guilty in May 2016 of second-degree murder while armed and carrying a dangerous weapon. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Michael Ryan. Upon completion of his prison term, Hammond will be placed on five years of supervised release.

            According to the government’s evidence, in the late afternoon of Oct. 3, 2014, Hammond was among a group of over 10 men gathered in the 3400 block of 14th Street NW; the group included the victim, Kenneth Young, 35. Hammond and Mr. Young got into a fight at about 5:30 p.m. that ended with the stabbing of Mr. Young. Hammond fled on foot, and Mr. Young collapsed on the sidewalk.  He died from his injuries, which included a three-inch deep stab wound to the right center of the chest that pierced his heart. He also sustained several other deep, gaping stab wounds to the left forearm and right shoulder.   Later that night, a witness overheard Hammond boasting about the attack. Hammond was arrested Oct. 24, 2014.

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Information Technology Specialist Leif Hickling; Investigative Analyst Zachary McMenamin; Paralegal Specialist Kendra Johnson, and Victim/Witness Advocate Marcia Rinker.  Finally, he commended the work of Assistant U.S. Attorney Michelle Bradford, who secured the indictment in the case, and Assistant U.S. Attorneys Kimberley C. Nielsen and Allessandra Stewart, who prosecuted the case.

WASHINGTON – Joseph A. Caputo, 23, of Stamford, Conn., pled guilty today to a federal charge stemming from an incident on Thanksgiving Day 2015 in which he illegally scaled the White House fence, announced U.S. Attorney Channing D. Phillips and Brian J. Ebert, Special Agent in Charge, Washington Field Office, U.S. Secret Service.

            Caputo pled guilty to a charge of entering or remaining in a restricted building or grounds, which carries a statutory maximum of one year in prison, potential financial penalties, and up to a year of supervised release. The Honorable Christopher R. Cooper scheduled sentencing for Dec. 6, 2016. At sentencing, the government has agreed to recommend that the Court impose a period of probation, during which Caputo would be subject to various conditions, including an order to stay away from the District of Columbia and any facilities, sites or people under Secret Service protection, and an agreement to submit to interviews by the Secret Service and undergo a psychiatric evaluation, if requested, by a Secret Service psychologist.

            According to the government’s evidence, on Nov. 26, 2015, Thanksgiving Day, an officer with the U.S. Secret Service’s Uniformed Division witnessed Caputo scaling the White House fence at about 2:45 p.m. At the time, Caputo had one leg over the fence and was wearing an American flag around him like a cape. The officer ran towards Caputo, but Caputo made it over the fence and dropped onto the North Lawn of the White House. The officer called over the radio to alert other officers, and members of the Uniformed Division ordered Caputo to stop and get on the ground. Caputo complied with the orders and was immediately taken into custody.

            While in custody, Caputo made spontaneous statements to law enforcement, including, “I love my country” and “I knew I would be locked up.”

            In announcing the plea, U.S. Attorney Phillips and Special Agent in Charge Ebert commended the work of those who investigated the case from the U.S. Secret Service. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Ari B. Redbord and Special Assistant U.S. Attorney Jacqueline Barkett, who are prosecuting the matter.

WASHINGTON – Dion X. Martin, 24, of Washington, D.C., was sentenced today to 16 years in prison for the shooting death of a man last year in Northeast Washington, U.S. Attorney Channing D. Phillips announced.

            Martin pled guilty in June 2016, in the Superior Court of the District of Columbia, to a charge of second-degree murder while armed. He was sentenced by the Honorable Robert E. Morin. Following his prison term, Martin will be placed on five years of supervised release.

            According to the government’s evidence, on Oct. 6, 2015, at approximately 11:20 a.m., Martin shot and killed Muhammad “Mo” Washington, 20, in the 4200 block of Edson Street NE.  Shortly before the shooting, Martin was heard walking around asking for “Mo” and loudly stating that he was going to shoot him because he had told people where his mother lived. The victim, an acquaintance of the defendant, approached Martin soon afterwards at the corner, where they engaged in a heated argument. Martin walked away, only to return minutes later with his hand tucked in his pocket. Mr. Washington reached for Martin with both arms as Martin approached, and after a brief struggle, Martin pulled a gun out of his pocket and fired a single shot into Mr. Washington’s chest. Martin ran away and Mr. Washington ran around the corner where he quickly died from his injuries.

            Officers with the Metropolitan Police Department (MPD) identified Martin by locating eyewitnesses to the defendant’s actions, and by locating an additional eyewitness to whom the defendant confessed his crime. Martin was arrested on Dec. 11, 2015.

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Clark and Jennifer Allen; Paralegal Specialists Karen Hansen and Stephanie Siegerist; Investigative Analyst Zachary McMenamin; Witness Security Specialist Wanda Queen, and Assistant U.S. Attorney Gilead Light, who investigated and prosecuted the matter.

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

            Evans pled guilty in the Superior Court of the District of Columbia to one count each of attempted first-degree sexual abuse and first-degree burglary. The plea, which is contingent upon the Court’s approval, calls for a prison term of eight years. The Honorable Michael Ryan scheduled sentencing for Nov. 18, 2016.

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

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

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

WASHINGTON - Tyarn Thompson, 36, of Washington, D.C., has pled guilty to charges stemming from a shooting that took place in broad daylight last spring outside a Southeast Washington carry-out restaurant, U.S. Attorney Channing D. Phillips announced today.

            Thompson pled guilty on Sept. 7, 2016, in the Superior Court of the District of Columbia, to one count of assault with intent to kill. The plea, which is contingent upon the Court’s approval, calls for a prison term of four to six years. The Honorable Florence Pan scheduled sentencing for Nov. 18, 2016.

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

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

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

WASHINGTON – James Powers, 59, of Washington, D.C., pleaded guilty today to violating the Clean Air Act for his role in a scheme to improperly remove asbestos from a historic building in the District of Columbia.

            The guilty plea, in the U.S. District Court for the District of Columbia, was announced by Assistant Attorney General John C. Cruden, head of the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Channing D. Phillips of the District of Columbia, and Acting Special Agent in Charge Jennifer Lynn of the Environmental Protection Agency’s (EPA) criminal enforcement program in the Mid-Atlantic States.

            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.

            “Our nation’s Clean Air Act requires strict adherence to the practices that protect the public from exposure to asbestos and includes criminal liability for those who do not comply with the law,” said Assistant Attorney General Cruden.  “This prosecution is part of the Justice Department’s continuing commitment to protect the public and workers who are particularly vulnerable to harm from irresponsible, unsafe and illegal practices in the work place.”

            “James Powers put a work crew and the public at risk by not taking the proper steps to safely renovate a building containing asbestos,” said U.S. Attorney Phillips.  “The Clean Air Act specifically establishes standards for the safe handling of this dangerous material.  This prosecution holds this businessman accountable for his recklessness and shows we will enforce laws that protect the health and safety of workers and citizens in the District of Columbia.”

            “Exposure to asbestos poses serious risks to public health and our communities, so it’s imperative that it be handled properly and disposed of safely,” said Acting Special Agent in Charge Lynn. “This case demonstrates EPA and its law enforcement partners will hold accountable those who put the public at risk through unsafe practices.”

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

            After the survey, the partnership received bids from licensed professional asbestos abatement and renovation firms in the area.  Despite knowing that the building contained asbestos, Powers hired Larry Miller, 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.  The written contract with Miller specifically excluded removal of asbestos from the property.  Powers told Miller that the asbestos would be abated by another contractor after Miller’s work and did not fully inform Miller about the extent of asbestos in the property.  Powers represented to his partners that a qualified entity would conduct appropriate asbestos abatement at the property. He e-mailed them a proposed asbestos abatement contract from a corporation that, unbeknownst to his partners, was simply an alter-ego for Powers.

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

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

            U.S. District Judge Amy Berman Jackson for the District of Columbia scheduled sentencing for Dec. 16, 2016.  The charge carries a statutory maximum of five years in prison and potential financial penalties.

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

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

            In announcing the plea, Assistant Attorney General Cruden, U.S. Attorney Phillips 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 and Paralegal Specialist Cynthia Longmire of the Environmental Crimes Section and those who worked on the case at the U.S. Attorney’s Office, including Paralegal Specialists Kaitlyn Krueger, former Paralegal Specialists Krishawn Graham and John Lowell and former Assistant U.S. Attorney Jonathan Hooks and Assistant U.S. Attorneys Virginia Cheatham and Zia Faruqui.

Defendant Was Shot After He Refused Repeated Commands to Drop Handgun

Jesse A. Olivieri, 31, of Ashland, Pennsylvania, pleaded guilty today to a federal charge stemming from a confrontation with law enforcement in which he brandished a gun near the White House, announced U.S. Attorney Channing D. Phillips for the District of Columbia and Chief Robert D. MacLean of the U.S. Park Police.

Olivieri pleaded guilty before the U.S. District Judge Royce C. Lamberth for the District of Columbia to resisting or impeding certain officers or employees with a dangerous weapon.  The charge carries a statutory maximum of 20 years in prison and potential financial penalties.  Under federal sentencing guidelines, he faces a likely range of eight to 14 months in prison and a potential fine of up to $40,000.  No sentencing date was set.

According to a statement of offense, signed by the defendant as well as the government, on May 20, Olivieri was seen in a car that was parked on the north side of the 1600 block of Constitution Avenue NW.  Moments later, witnesses heard a gunshot and observed Olivieri holding a silver handgun and standing outside his vehicle.  He was then seen walking quickly north through the grass toward the south lawn of the White House.

A short time later, U.S. Secret Service Uniform Division Officers observed Olivieri pass through the security gate near the southwest grounds of the White House, in the 1600 block of E Street NW.  He was proceeding quickly towards the security gate near E Street and South Place NW, still openly holding a silver handgun in his right hand, pointed toward the ground.  Secret Service officers repeatedly ordered him to stop, but he ignored their commands and continued to walk toward the White House.  At that point, a Secret Service agent confronted him, again ordering him to halt and drop the weapon.  When Olivieri refused, the agent shot him once.

A silver .22-caliber semi-automatic handgun was recovered from Olivieri.  It contained one round of ammunition in the chamber and eight rounds in the magazine.  In addition, Olivieri’s car was located, and an empty holster, 15 rounds of .22-caliber ammunition and a canister of pepper spray were found by law enforcement inside the vehicle.  A spent .22-caliber shell casing was found nearby, in the westbound travel lanes of Constitution Avenue NW.

Today’s plea hearing took place at a hospital in Washington, D.C., where Olivieri continues to receive treatment related to the injuries that he sustained in the incident.

In announcing the plea, U.S. Attorney Phillips and Chief MacLean commended the work of those who handled the case from the U.S. Park Police.  They also expressed appreciation for the assistance provided during the investigation by the Secret Service, the FBI’s Washington Field Office and the Metropolitan Police Department.  Finally, they acknowledged the work of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney John Crabb Jr., who investigated and prosecuted the matter.

WASHINGTON – Jesse A. Olivieri, 31, of Ashland, Pa., pled guilty today to a federal charge stemming from a confrontation with law enforcement in which he brandished a gun near the White House, announced U.S. Attorney Channing D. Phillips and Robert D. MacLean, Chief of the United States Park Police.

            Olivieri pled guilty before the Honorable Senior Judge Royce C. Lamberth of the U.S. District Court for the District of Columbia to resisting or impeding certain officers or employees with a dangerous weapon. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, he faces a likely range of eight to 14 months in prison and a potential fine of up to $40,000. No sentencing date was set.

            According to a statement of offense, signed by the defendant as well as the government, on May 20, 2016, at about 3:05 p.m., Olivieri was seen in a car that was parked on the north side of the 1600 block of Constitution Avenue NW. Moments later, witnesses heard a gunshot and observed Olivieri holding a silver handgun and standing outside his vehicle. He was then seen walking quickly north through the grass toward the south lawn of the White House.

            A short time later, U.S. Secret Service Uniform Division Officers observed Olivieri pass through the security gate near the southwest grounds of the White House, in the 1600 block of E Street NW. He was proceeding quickly towards the security gate near E Street and South Place NW, still openly holding a silver handgun in his right hand, pointed toward the ground. Secret Service officers repeatedly ordered him to stop, but he ignored their commands and continued to walk toward the White House. At that point, a Secret Service agent confronted him, again ordering him to halt and drop the weapon. When Olivieri refused, the agent shot him once.

            A silver .22-caliber semi-automatic handgun was recovered from Olivieri. It contained one round of ammunition in the chamber and eight rounds in the magazine. In addition, Olivieri’s car was located, and an empty holster, 15 rounds of .22-caliber ammunition, and a canister of pepper spray were found by law enforcement inside the vehicle. A spent .22-caliber shell casing was found nearby, in the westbound travel lanes of Constitution Avenue NW.

            Today’s plea hearing took place at a hospital in Washington, D.C., where Olivieri continues to receive treatment related to the injuries that he sustained in the incident.

            In announcing the plea, U.S. Attorney Phillips and Chief MacLean commended the work of those who handled the case from the U.S. Park Police. They also expressed appreciation for the assistance provided during the investigation by the Secret Service, the FBI’s Washington Field Office, and the Metropolitan Police Department. Finally, they acknowledged the work of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney John Crabb Jr., who investigated and prosecuted the matter.

WASHINGTON – Stacey Walters, 38, a former accountant at Howard University, pled guilty today to a federal charge of wire fraud stemming from a scheme in which she embezzled over $105,000 from her employer, U.S. Attorney Channing D. Phillips announced.

            Walters, of Indian Head, Md., pled guilty in the U.S. District Court for the District of Columbia. The Honorable James E. Boasberg scheduled sentencing for Nov. 15, 2016.

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

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

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

            As part of their pleas, both defendants must pay restitution.

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

WASHINGTON - Darius Nelson, 28, of Washington, D.C., pled guilty today to charges involving a series of sexual assaults in Southeast Washington, announced U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

            Nelson pled guilty in the Superior Court of the District of Columbia to three counts of first-degree sexual abuse with aggravating circumstances. The plea, which is contingent upon the Court’s approval, calls for a prison term of 40 years. This term will run consecutively to the 22-year sentence he is currently serving for sexual assault convictions previously prosecuted by this office.  Upon release, Nelson would be required to register as a sex offender for the remainder of his life.  The Honorable José M. López scheduled sentencing for Nov. 18, 2016.

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

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

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

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

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

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

WASHINGTON - Robert Kelsey, 28, of Washington, D.C., has been found guilty of sexually abusing an 11-year-old girl he met through Instagram when he was 26 years old, U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), announced today.

     Kelsey was found guilty by a jury on Aug. 29, 2016, following a trial in the U.S. District Court for the District of Columbia, of transportation of a minor with intent to engage in criminal sexual activity, aggravated sexual abuse of a child, and first-degree child sexual abuse with aggravating circumstances. The Honorable Reggie B. Walton scheduled sentencing for Nov. 18, 2016. Kelsey, a convicted felon, faces a potential sentence of up to life in prison without the possibility of release, and a mandatory minimum sentence of 30 years in prison.

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

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

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

     In announcing the verdict, 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’s Youth Investigations Division.  They also expressed appreciation for the assistance provided by the Prince George’s County, Md. Police Department.  They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Elizabeth Trosman, Chief of the Appellate Division; Assistant U.S. Attorney Sharon Donovan; Victim/Witness Advocate Lezlie Richardson; Paralegal Specialists Joyce Arthur, Troy Griffith, and Tiffany Jones; Litigation Technology Specialists Aneela Bhatia and Anisha Bhatia, and Intern Wendy Acquazzino. Finally, they commended the work of Assistant U.S. Attorneys Andrea L. Hertzfeld and Kenya Davis, who prosecuted the case.

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WASHINGTON – Novella White, 53, of Accokeek, Md., was sentenced today to 12 months in prison on federal charges of conspiracy to obtain controlled substances by prescription fraud and participating in a health care fraud scheme, announced U.S. Attorney Channing D. Phillips, Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.

            White pled guilty on April 14, 2016, in the U.S. District Court for the District of Columbia. She was sentenced by the Honorable Richard J. Leon. He also ordered her to pay $5,442 in restitution representing her share of illegal proceeds obtained from various health care plans. Following her prison term, she will be placed on three years of supervised release.

            A co-defendant, Claire Elizabeth Rice, 69, of Silver Spring, Md., pled guilty on Feb. 25, 2016 to the same charges. Rice was sentenced on July 1, 2016, to a 10-month prison term. As part of the plea agreement, Rice agreed to pay $16,175, representing her share of illegal proceeds.

            Both defendants were charged in a federal indictment returned in 2014. In her plea, White admitted to a statement of offense concerning her conduct. She admitted that, from 2008 to 2013, she passed 127 forged prescriptions for drugs, including oxycodone, a synthetic opiate, in the name of practicing cardiologist with offices in Northwest Washington. Ninety-one of the prescriptions were written in the name of Rice, her friend, who was never a patient of the doctor.

            White, a former employee of the doctor, left her job as a receptionist in January 2010, but took a blank prescription pad from the office when she left.  White was not a health care professional and did not have authority to write prescriptions for herself or for Rice.

            Rice caused the forged prescriptions that she obtained to be billed to health care plans such as Express Scripts and Blue Cross and Blue Shield. The health plans were defrauded the costs of filling these various prescriptions. White presented forged prescriptions in her own name as well, and caused them to be billed to one of four different health insurance plans which she maintained: Safeway Informed RX, Blue Cross Blue Shield, United Health, and Medco Health, which were the victims of the health care fraud charges.

            In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Abbate, and Special Agent in Charge DiGiulio commended the work of those who investigated the case from the FBI’s Washington Field Office and the HHS Office of the Inspector General. They also expressed appreciation for the work of Assistant U.S. Attorneys John P. Dominguez and Jennifer Kerkhoff, who prosecuted the case.

WASHINGTON – Edward J. Kincade, 63, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), pled guilty today to 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.

            Kincade, of Guyton, Ga., pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Randolph D. Moss scheduled sentencing for Nov. 9, 2016. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000. As part of the plea, Kincade has agreed to pay $264,312 in restitution to the federal government.

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

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

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

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

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

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

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

            In announcing the plea, U.S. Attorney Phillips and Acting Inspector General Vint praised the efforts of Special Agent Shantel Robinson, OPM, Office of the Inspector General, and Philip Kroop, Kevin Cassidy, and Jeffrey Addicks, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist 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.

WASHINGTON – Walter Crummy, a former officer and owner of MCC Construction Company (MCC), pleaded guilty to a federal charge of conspiring to commit wire fraud.  Crummy also agreed to pay forfeiture in the amount of $105,618.

     The plea was announced by Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division; U.S. Attorney Channing D. Phillips of the U.S. Attorney’s Office for the District of Columbia; Paul M. Abbate, Assistant Director in Charge of the FBI’s Washington Field Office; Peggy E. Gustafson, Inspector General for the U.S. 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).

     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.

     “We will continue to work with our colleagues at the U.S. Attorney’s Office and in law enforcement to protect the integrity of federal contracting programs,” said Acting Assistant Attorney General Hesse of the Justice Department’s Antitrust Division.

     “Walter Crummy knowingly participated in a scheme that allowed MCC Construction Company to illegally cash in on federal contracts designated for small disadvantaged businesses.  This prosecution shows our determination to maintain the integrity of federal contracting programs meant to aid small, disadvantaged businesses,” said U.S. Attorney Phillips.  “We will continue to work with our law enforcement partners to identify and prosecute those who abuse these programs at the expense of deserving businesses.”

     “The FBI and our law enforcement partners are committed to upholding the integrity of the federal contracting process and protecting opportunities intended for small and economically disadvantaged businesses,” said Assistant Director in Charge Abbate.  “Those who cheat the system through unlawful, fraudulent means are harming small businesses and stealing from American taxpayers, and they will be held accountable under the law."

     “Those who commit fraud in SBA’s preferential contracting programs will face justice,” said SBA Inspector General Gustafson.  “The integrity of SBA’s programs is vital to honest, hard-working small business owners across the nation.  I want to thank the U.S. Attorney’s Office and our law enforcement partners for their leadership and dedication to serving justice.”

     “Federal vendors who use deceitful practices to game the small business set-aside program will be held accountable,” said GSA Inspector General Ochoa.

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

     Crummy, 63, of Morrison, Colorado, was charged in a criminal information on July 27, 2016, in the U.S. District Court for the District of Columbia with one count of conspiring to commit wire fraud.  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.

     The Honorable Ketanji Brown Jackson scheduled sentencing for Dec. 13, 2016.

     Court documents 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 percent 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.

     Court documents also state that Crummy drafted corporate documents between MCC and one of the SBA-eligible companies whereby MCC would provide all labor, equipment, materials, safety and supervision and in return receive 97 percent of the contract task order amount.  This agreement by its terms meant that the SBA-eligible company would be violating SBA rules and regulations and would instead collect a 3 percent fee for allowing their small business status to be used.

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

     The investigation is being conducted by the FBI’s Washington Field Office, the Inspector General for the U.S. 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.

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WASHINGTON – Deonta J. Simms, 34, of Clinton, Md., has been sentenced to over 10 years in prison on charges of assault with significant bodily injury and simple assault for an attack of two men that took place in June 2014 after an argument at a rooming house in Northwest Washington, U.S. Attorney Channing D. Phillips announced.

            Simms was found guilty by a jury in June 2016, following a trial in the Superior Court of the District of Columbia. He was sentenced on Aug. 19, 2016, 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 June 6, 2014, Simms, who had been visiting and consuming alcohol with residents of a rooming house in the 700 block of Lamont Street, NW, became involved in an altercation with two of the home’s occupants, each of which were men who were approximately 60 years old. The argument turned physical and Simms struck one of the men in the head while inside the house. The argument migrated outside the house and Simms took the second victim down to the ground, where Simms then struck the man in the face multiple times with his fists, and repeatedly kicked the man in the head while he lay on the ground defenseless.

            While the first victim suffered minimal injuries, the second victim suffered multiple lacerations and contusions to his face. He required emergency brain surgery to treat a blood clot, and still suffers some cognitive impairment.

            In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Jennifer Clark; Paralegal Specialists Chae Vang and Donville Drummond; Criminal Investigator Mark Fitzgerald; and Assistant U.S. Attorneys C.B. Buente and Stephen Rickard. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Veronica Jennings, who secured the indictment and tried the case, and Assistant U.S. Attorney Marco Palmieri, who also worked on the case and handled the sentencing hearing.

WASHINGTON – Michael Wiggins, 27, of Washington, D.C., has pled guilty to charges in a shooting last spring that injured a 7-year-old bystander, announced U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

            Wiggins pled guilty on Aug. 19, 2016, in the Superior Court of the District of Columbia, to one count of aggravated assault while armed and one count of possession of a firearm during a crime of violence. The plea, which is contingent upon the Court’s approval, calls for a seven-year prison term. The Honorable Zoe Bush scheduled sentencing for Sept. 15, 2016.

            In his plea, Wiggins admitted that on April 8, 2016, at about 9:30 p.m., he was in the 2900 block of Knox Place SE, and had been fighting with his cousin. As his cousin was leaving Knox Place by car, Wiggins fired four shots at the vehicle, shattering its back windshield. Meanwhile, the victim, a 7-year-old girl, was arriving home with her family after an outing to Chuck E. Cheese. One of the shots hit her in the chest and she fell to the ground. The victim was immediately transported to Children’s National Medical Center and is expected to make a full recovery. MPD officers were swift to identify Wiggins as the shooter and he was arrested on April 11, 2016. Wiggins admitted that he was shooting at his cousin that night.

            In announcing the plea, 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 work of those handling the case at the U.S. Attorney’s Office, including Paralegal Specialist Antoinette Sakamsa, Victim/Witness Advocate Jennifer Allen, and Assistant U.S. Attorney Margaret E. Barr, who is prosecuting the matter.

WASHINGTON – Demetri Goldsmith, 18, of Washington, D.C., pled guilty today to charges stemming from the shooting of a teenage girl last spring near the Anacostia Metro station, announced U.S. Attorney Channing D. Phillips, Ron Pavlik, Chief of the Metro Transit Police, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

            Goldsmith pled guilty in the Superior Court of the District of Columbia to charges of assault with significant bodily injury and unlawful possession of a firearm. The assault charge carries a statutory maximum of three years in prison and the firearms charge carries up to 10 years. The Honorable Danya A. Dayson scheduled sentencing for Oct. 19, 2016. Goldsmith has been in custody since his arrest three days after the shooting.

            According to the government’s evidence, on Sunday, May 29, 2016, during Memorial Day weekend, Goldsmith was at the Anacostia Metro station in the 1100 block of Howard Rod SE. At approximately 7:30 p.m., he was talking to the 16-year-old victim near the station’s entrance. He pulled a firearm from his jacket and fired in the direction of the girl, shooting her in the left leg.  This action was intentional and not by mistake or accident. Goldsmith put the firearm back in his jacket and biked away.  The victim was taken to a hospital.

            At the time of this shooting, Goldsmith was on probation for an earlier conviction involving a robbery that took place in April 2015 in Northeast Washington. He was charged as an adult in that case and pled guilty in May 2015 to robbery. He was sentenced in September 2015 to 24 months in prison to be followed by three years of supervised release. However, that time was suspended on the condition that he successfully complete 18 months of supervised probation. He now faces the revocation of his probation in that case.

            In announcing the plea, U.S. Attorney Phillips, Chief Pavlik, and Chief Lanier commended the work of those who investigated the case from the Metro Transit Police and the Metropolitan Police Department. They also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Diana Lim and Assistant U.S. Attorney Brittany A. Keil, who investigated and prosecuted the case.

WASHINGTON -  Chelo Gwathmey, 38, of Washington D.C., was indicted today on charges stemming from armed rapes of two women in 2001 and 2002, announced U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

            Gwathmey was indicted by a grand jury in the Superior Court of the District of Columbia on charges of first-degree sexual abuse while armed with aggravating circumstances, and related offenses. Gwathmey was arrested on Aug. 15, 2016, and has been in custody while awaiting further court proceedings. He will be arraigned on a date to be scheduled by the Court.  The charges of first-degree sexual abuse while armed with aggravating circumstances carry a statutory maximum penalty of life in prison.

            The indictment followed an investigation by the U.S. Attorney’s Office and the Metropolitan Police Department into two separate sexual assaults that occurred in 2001 and 2002.  The first victim was walking home alone in the early morning hours of Aug. 26, 2001, in the vicinity of 9th and Upshur Streets NW, when she was accosted by a man wielding a knife. The man forced her inside of his vehicle and raped her.  The second victim was raped at gunpoint in the early morning hours of Aug. 27, 2002, inside a vehicle in an alleyway adjacent to the unit block of Van Buren Street NW.

            Forensic analysis of the sex kits collected following the two assaults revealed that the same unknown male DNA profile was found on the biological material in both cases. In the summer of 2016, detectives with the Metropolitan Police Department’s Sexual Assault Unit developed the defendant as a suspect in these assaults and obtained a warrant to collect a DNA sample from him.  Forensic analysis revealed that Gwathmey’s DNA profile matched the unknown male DNA profile found in the sex kits collected following both assaults.

            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 acknowledged the efforts of those handling the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan, Paralegal Specialist D’Yvonne Key, and Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Amy Zubrensky and Jason Park, who are prosecuting the matter.

WASHINGTON - Jeffrey E. Thompson was sentenced today to three months of incarceration, to be followed by 90 days of home confinement, for his involvement in a scheme in which he and his companies secretly channeled about $3.3 million in illegal contributions to at least 28 political candidates and their campaigns.

            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).

            Thompson, 61, of Washington, D.C., pled guilty on March 10, 2014, in the U.S. District Court for the District of Columbia, to two felony charges. One was a federal offense: conspiring to violate federal campaign finance laws and to submit false filings to the Internal Revenue Service. The other was a District of Columbia offense: conspiring to violate District of Columbia campaign finance laws by defrauding the District of Columbia’s Office of Campaign Finance.

            The plea agreement, which was contingent upon the Court’s approval, called for the Court to dismiss the federal charge against Thompson at sentencing on the condition that he cooperate with a broader investigation into illegal campaign spending. The plea agreement limited the period of incarceration for the federal charge to a period of up to 18 months of incarceration. Because Thompson complied with his obligations under the plea agreement, the charge was dismissed today by the Honorable Colleen Kollar-Kotelly.

            The plea agreement limited the period of incarceration for the remaining District of Columbia offense to a maximum of six months of incarceration. In addition to periods of incarceration and home confinement, Judge Kollar-Kotelly ordered Thompson to pay the maximum $10,000 fine allowed by the District of Columbia offense. Also, following his prison time, he will be placed on three years of supervised release.

            At sentencing today, the government noted that Thompson’s cooperation exposed a longstanding culture of corrupt spending in District of Columbia campaigns.

            Thompson is the former chairman, chief executive officer, and majority owner of Thompson, Cobb, Bazilio and Associates (TCBA), a corporation that provided accounting, management, consulting, and tax services. He also is the former chairman, chief executive officer, and owner of D.C. Healthcare Systems, Inc. (DCHSI), an investment holding and for-profit corporation. In his guilty plea, he admitted using funds from those corporations to secretly finance campaign contributions and activities from at least 2006 until 2012.

            TCBA received millions of dollars under contracts with District of Columbia and federal government entities. DCHSI owned D.C. Chartered Health Plan, Inc. (Chartered), a corporation that contracted with the District of Columbia government to provide managed care services to a substantial number of District of Columbia residents. Chartered’s contract with the District of Columbia, paid primarily by the federal government, totaled about $300 million each year.

            According to a statement of offense submitted at the time of Thompson’s guilty plea, Thompson secretly provided more than $1,445,000 for off-the-books, or “shadow campaigns,” on behalf of seven candidates seeking office in the District of Columbia from 2006 to 2011. The largest such amount was over $653,000 to pay for campaign activities of a candidate in the 2010 mayoral race. He also secretly spent more than $130,000 for a voter registration drive on behalf of one candidate and agreed to pay another candidate $200,000 - along with other benefits - to withdraw from the 2006 mayoral race. Thompson also entered into a $150,000 consulting agreement with the competing candidate on behalf of TCBA. Also, according to the statement of offense, between 2006 and 2011, Thompson utilized at least 75 conduits to make contributions to at least 15 mayoral and D.C. Council candidates in excess of $500,000.

            From February 2008 through May 2008, according to the statement of offense, Thompson secretly channeled about $608,750 to fund a shadow campaign for a candidate running for President of the United States. Thompson also secretly provided $50,000 to help a civic organization pay for a lawsuit in Texas challenging the two-step voting process in that state, in which voters were allowed to vote twice, once in a primary and once in a caucus. He also provided $150,000 for a political demonstration organized by the civic organization in Washington, D.C. The funds for the lawsuit and the demonstration were to assist the campaign of the preferred presidential candidate.             Also, between 2006 and 2012, Thompson utilized at least 32 conduits to make contributions to at least 13 federal candidates and a political action committee of at least $250,000.

            In addition, after the federal investigation into campaign finance irregularities began in 2011, Thompson engaged in various efforts to obstruct the investigation.

            Thompson is among 14 people who pled guilty to charges in a broader investigation related to federal and local political campaigns. He is among six defendants who pled guilty to offenses directly involving or connected to the 2010 District of Columbia mayoral election.

            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. Attorneys Ellen Chubin Epstein and Lionel André, 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. Attorney Michael K. Atkinson and Special Assistant U.S. Attorney Jonathan P. Hooks, who represented the government at sentencing.

WASHINGTON – John F. General, 52, formerly of Washington, D.C., was sentenced today to 20 years to life in prison for the 1997 murder of a woman at an apartment building in Northwest Washington, announced U.S. Attorney Channing D. Phillips and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

            General was found guilty by a jury in December 2014, following a trial in the Superior Court of the District of Columbia, of second-degree murder. He was sentenced by the Honorable Lynn Leibovitz.

            According to the government’s evidence, on the morning of Nov. 26, 1997, the partially clothed body of the victim, Deborah McKinney, was discovered in a stairwell of an apartment building in the 900 block of M Street NW. The District of Columbia’s Office of the Chief Medical Examiner determined that Ms. McKinney, 38, was killed by means of asphyxiation.

            Although there were no eyewitnesses to this murder, the government’s evidence showed that Ms. McKinney encountered the defendant and that a violent encounter ensued. Based on the evidence, General pressed his hand or other body part over Ms. McKinney’s mouth and applied life-taking pressure to her mouth, chest and neck. During this assault, she fought to save her life. In doing so, she injured General, causing him to bleed on her shirt. However, she was no match for the defendant, and he killed her by cutting off the air she needed to live.

            General was identified as a suspect in January 2010 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. General’s DNA was in the system as a result of an earlier conviction in a case in the District of Columbia. DNA testing confirmed that his blood and semen were on the scene of Ms. McKinney’s attack.     He was arrested in May of 2010.

            “This cold case was revived when a DNA hit connected John General to the long-ago murder,” said U.S. Attorney Phillips. “This prosecution shows the power of DNA and other forensic evidence to secure justice even after many years have passed.”

            “It is our hope that this sentencing brings some sort of closure to the victim's family and friends after so many years,” said Chief Lanier.

            In announcing the sentence, U.S. Attorney Phillips and Chief Lanier commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia’s Office of the Chief Medical Examiner and the District of Columbia Department of Forensic Services. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Assistant U.S. Attorney Amanda Haines; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Litigation Technology Specialist Leif Hickling; Paralegal Specialists Sandra Lane, Mia Beamon, Jason Manuel and Benjamin Kagan-Guthrie, and Victim/Witness Security Specialists David Foster and Katina Adams.

            Finally, they commended the work of Assistant U.S. Attorneys Sharon Donovan and Adrienne Dedjinou, who prosecuted the case.