District of Columbia
Press releases recorded for this federal judicial district.
Delaware Man Pleads Guilty to Sexually Abusing D.C. GirlRead the Press Release
WASHINGTON – Robert Sanders III, 22, of Dover, Delaware, pled guilty today to charges stemming from his sexual abuse of a 13-year-old girl, Acting U.S. Attorney Vincent H. Cohen, Jr. announced.
Sanders pled guilty in the Superior Court of the District of Columbia to one count of first-degree child sexual abuse. He is to be sentenced by the Honorable Rhonda Reid Winston on June 23, 2015. He faces up to a statutory maximum of life in prison. He will also be required to register as a sex offender for the rest of his life.
According to the government’s factual proffer at today’s plea hearing, during April of 2014, Sanders came to live with a relative in Southeast Washington. The victim was on spring break from school that week, and was visiting relatives in the same household. During that week, Sanders engaged in several sexual acts with the girl. The conduct was discovered by family members via text messages that Sanders and the victim had sent to one another.
In announcing the plea, Acting U.S. Attorney Cohen praised the work of the Metropolitan Police Department’s Youth Division, which investigated the case, as well as the staff of Safe Shores, which interviewed the victim. He also expressed appreciation for the specialized medical treatment provided by the team of child abuse experts at the Freddie Mac Child and Adolescent Protection Center at the Children’s National Medical Center. In addition, Acting U.S. Attorney Cohen commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key; Victim/Witness Advocate Veronica Vaughan, and Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
District Man Pleads Guilty to Sexually Assaulting 17-Year-Old Victim in Broad Daylight Attack in Northeast WashingtonRead the Press Release
WASHINGTON - Gerald Canty, 24, of Washington, D.C., pled guilty today to sexually assaulting a 17-year-old woman in a mid-morning attack that took place in December 2013 in Northeast Washington, Acting U.S. Attorney Vincent H. Cohen, Jr. announced.
Canty pled guilty in the Superior Court of the District of Columbia to one count of attempted first-degree sexual abuse. The plea, which is contingent upon the Court’s approval, calls for a 10-year prison sentence to be served consecutively to a 21-year prison term Canty already is serving. The Honorable Lynn Leibovitz scheduled sentencing for June 19, 2015.
Canty earlier pled guilty in May 2014 to sexually assaulting an 18-year-old woman and attempting to kidnap three additional young women in a series of other incidents that took place between February and March of 2014, near the Minnesota Avenue Metro Station. In those matters, he pled guilty to one count of first-degree sexual abuse, one count of attempted kidnapping while armed, and two counts of attempted kidnapping. He was sentenced in July 2014 by the Honorable Jennifer Anderson to 21 years in prison, and lifetime sex offender registration. Following his prison term, Judge Anderson ordered that Canty be placed on supervised release for the rest of his life.
Today’s plea involved an attack that took place on Dec. 17, 2013. According to the government's evidence, at approximately 9:20 a.m. that day, the 17-year-old victim was walking alone in the 4600 block of Nannie Helen Burroughs Avenue NE. Canty approached her, brandished an object that she believed was a gun, and said, “Hey! Don’t move.” He demanded the victim’s property, reached his hand into her pocket and removed $3. Canty then told the victim to follow him, and walked her under a footbridge a short distance away. Under the footbridge, Canty demanded that the young woman perform a sexual act on him. She initially refused, but ultimately submitted to the defendant’s demand.
After the assault, the victim made an immediate report to the Metropolitan Police Department (MPD). Officers and detectives with MPD’s Sixth District, Youth Investigations Division, and Mobile Crime Division, responded immediately. The victim was taken to Washington Hospital Center, where she received a Sexual Assault Nurse Examination. DNA later linked Canty to the attack.
In announcing the plea, Acting U.S. Attorney Cohen commended the work of the Metropolitan Police Department, including officers and detectives from the Youth Division and the Sixth District, as well as mobile crime scene officers and technicians. He also expressed appreciation for the work of MPD’s Sexual Assault Unit, which investigated the crimes that led to Canty’s earlier plea. He acknowledged the work of the District of Columbia Department of Forensic Sciences. Finally, he praised the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Jason Manuel and Erica Vample; Victim/Witness Advocate Tracey Hawkins, and Assistant U.S. Attorney Amy H. Zubrensky, who investigated and prosecuted the case.
Maryland Man Pleads Guilty to Federal Offense for Illegally Entering White House GroundsRead the Press Release
WASHINGTON – Dominic Adesanya, 23, formerly of Bel Air, Md., pled guilty today to a federal charge stemming from an incident last fall in which he illegally entered the grounds of the White House, announced Acting U.S. Attorney Vincent H. Cohen, Jr., and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office, U.S. Secret Service.
Adesanya pled guilty in the U.S. District Court for the District of Columbia to a charge of entering or remaining in a restricted building or grounds. He has been in custody since his arrest on the White House grounds on Oct. 22, 2014. The charge carries a statutory maximum of a year in prison and a potential fine. Magistrate Judge Deborah A. Robinson scheduled sentencing for July 2, 2015. She agreed to release Adesanya with a number of conditions, including an order that he stay out of the District of Columbia except for court appearances, probation meetings, and medical appointments, and stay away from facilities under the protection of the U.S. Secret Service. However, Adesanya remains in custody because he is being held in two other cases filed last year in the Superior Court of the District of Columbia, including one that charges him with unlawful entry in a July 27, 2014 incident at the White House complex.
The plea agreement recommends that Adesanya be placed on one year of supervised release, with a number of conditions. He would be prohibited from entering the District of Columbia while he is under supervision, except for court appearances. He also would be required to participate in a psychiatric evaluation if deemed necessary by the Secret Service, and submit to interviews with the Secret Service to assist in determining potential current and future risks.
According to a statement of offense submitted to the Court, on Oct. 22, 2014, at about 7:15 p.m., Adesanya climbed over the White House fence. A member of the U.S. Secret Service’s Uniform Division repeatedly ordered him to stop and get off the fence. Adesanya did not comply, running toward the north doors of the White House. He failed to comply with orders to stop, and he was arrested after struggling with two dogs released by the Secret Service.
This case was investigated by the Secret Service’s Washington Field Office. It was prosecuted by Assistant U.S. Attorney David J. Mudd of the U.S. Attorney’s Office.
District Man Sentenced to 10 Years in Prison for Shooting at Special Police OfficerRead the Press Release
WASHINGTON – Jerrell Jackson, 29, of Washington, D.C., was sentenced today to 10 years in prison on charges stemming from an incident in which he threatened and subsequently shot at a Special Police Officer, Acting U.S. Attorney Vincent H. Cohen, Jr., announced.
Jackson was found guilty in February 2015, in the Superior Court of the District of Columbia, of eight counts, including assault on a police officer while armed, assault with a dangerous weapon, threats, and various firearms offenses. He was sentenced by the Honorable Todd E. Edelman. Following his prison term, he will be placed on three years of supervised release.
According to the government’s evidence, on July 27, 2014, at about 5:10 p.m., Jackson was involved in a verbal dispute with another man in the courtyard area of the Benning Courts Apartment Complex in the 1700 block of Benning Road NE. The victim, who was working as a Special Police Officer at the apartment complex, called for back-up assistance to clear the area and avoid an impending physical altercation. Jackson then accused the victim of being scared. When the victim denied being scared, Jackson threatened him by saying words to the effect of, “Oh, you’re not scared? Be here when I get back.”
Jackson left the apartment courtyard on foot. Approximately 15 minutes later, he returned on a bicycle and fired one shot at the victim, who was not injured. Jackson then fled the scene on the bicycle and was arrested pursuant to an arrest warrant on Aug. 4, 2014.
In announcing the sentence, Acting U.S. Attorney Cohen 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 Paralegal Specialist Donville Drummond, Victim/Witness Advocate Jennifer Clark, Information Technology Specialist Anisha Bhatia, and Assistant U.S. Attorneys Jennifer Kerkhoff and Michael Truscott. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Christine Macey, of the Felony Major Crimes Trial Section, who prosecuted the matter.
District Man Sentenced to Three-Year Prison Term for Burglary of Home in Northwest WashingtonRead the Press Release
WASHINGTON – Michael Mosley, 43, of Washington, D.C., has been sentenced to a prison term of three years for a burglary last fall of a residence in Northwest Washington, Acting U.S. Attorney Vincent H. Cohen, Jr. announced today.
Moseley pled guilty in February 2015, in the Superior Court of the District of Columbia, to one count of second-degree burglary and one count of a felony bail reform act violation. He was sentenced on April 13, 2015, by the Honorable Anita Josey-Herring. Upon completion of his prison term, Mosley will be placed on one year of supervised release.
According to the government’s evidence, the burglary occurred on Oct. 1, 2014. The victim left his residence in the 1700 block of Newton Street NW, in the Mount Pleasant area, at approximately 11 a.m. and returned prior to 5 p.m. When the victim returned home, he noticed that the front door to his residence was forced open. After calling police and walking through his residence, the victim reported the following items missing: a 46-inch flat screen television; a Mac mini-computer; two portable external hard-drives; and an iPhone 4S.
Coincidentally, about 20 minutes before the discovery of the burglary, a Metropolitan Police Department (MPD) officer stopped Mosley on the same block of Newton Street. Mosley was carrying a flat-screen television over his head while carrying a black shoulder bag, which appeared to be filled with contents. The officer made contact with Mosley and asked him for identification. The officer noted the television’s serial number, but let Mosley go on his way because there was no probable cause for arrest at that point.
Approximately twenty minutes later, the same officer received a report of the burglary in the same area. MPD officers canvassed the area looking for Mosley, but were unsuccessful. He was ultimately arrested on a warrant weeks later.
According to the government’s evidence, latent fingerprints lifted from another residential burglary on Ingleside Terrace NW, on Sept. 23, 2014, matched Mosley.
Additionally, on Dec. 16, 2014, as a condition of his release in the pending burglary case, Mosley signed notice and promised to appear in court on Jan. 15, 2015. Mosley failed to appear in court, and that led to the charge for the felony bail reform act violation.
In announcing the sentence, Acting U.S. Attorney Cohen commended the work of those who investigated the case from the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Ali D. Kargbo, of the Felony Major Crimes Trial Section, who investigated and prosecuted the matter; and Paralegal Specialist Debra McPherson.
Four Former Blackwater Employees Sentenced to Decades in Prison for Fatal 2007 Shootings in IraqRead the Press Release
One former security guard for Blackwater USA was sentenced today to a term of life in prison, and three others were each sentenced to prison terms of 30 years and one day for their roles in the Sept. 16, 2007, shooting at Nisur Square in Baghdad, that resulted in the killing of 14 unarmed civilians and the wounding of numerous others.
The sentencing, in the U.S. District Court for the District of Columbia, was announced by the U.S. Attorney’s Office for the District of Columbia and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
The defendants are Nicholas Abram Slatten, 31, of Sparta, Tennessee; Paul Alvin Slough, 35, of Keller, Texas; Evan Shawn Liberty, 32, of Rochester, New Hampshire; and Dustin Laurent Heard, 33, of Maryville, Tennessee. All were found guilty by a jury on Oct. 22, 2014, following a two and one-half-month trial. They were sentenced by the Honorable Senior Judge Royce C. Lamberth of the District of Columbia.
Slatten, who was accused of firing the first shots, was sentenced to life in prison. The jury had found him guilty of one count of first-degree murder.
Slough, Liberty and Heard were each sentenced to prison terms of 30 years and one day. The jury had found Slough guilty of 13 counts of voluntary manslaughter, 17 counts of attempted manslaughter and one firearms offense. Liberty was found guilty of eight counts of voluntary manslaughter, 12 counts of attempted manslaughter and one firearms offense. Heard was found guilty of six counts of voluntary manslaughter, 11 counts of attempted manslaughter and one firearms offense.
At a day-long sentencing hearing, Judge Lamberth said that the sentences reflected the seriousness of the crimes and the large number of victims. He said that the U.S. government “should be commended for finding and exposing the truth of what happened in Nisur Square.”
In a statement, the U.S. Attorney’s Office said the prosecution reflected the commitment of the American justice system to the rule of law and expressed hope that the sentencing of the four defendants will bring some comfort to survivors of the shootings and the family members of those who died or were injured. “In killing and maiming unarmed civilians, these defendants acted unreasonably and without justification,” the statement said. “In combination, the sheer amount of unnecessary human loss and suffering attributable to the defendants’ criminal conduct on Sept.16, 2007, is staggering.”
“These sentencings are the result of the enduring resolve by law enforcement to protect victims of violent crime,” said Assistant Director in Charge McCabe. “Because this crime scene was so large and required international travel, both by witnesses and by investigators, this case required a tremendous amount of resources, time and investigative expertise. The results of this case demonstrate that the FBI will investigate violations of U.S. law no matter where they occur in order to bring justice to innocent victims.”
Another Blackwater security guard, Jeremy P. Ridgeway, pleaded guilty in December 2008 to voluntary manslaughter and attempt to commit manslaughter. Ridgeway, who testified as a government witness in the trial, has not yet been sentenced.
The defendants worked for Blackwater USA, a private security contractor that was paid by the U.S. government to provide protective services to U.S. officials.
The trial began June 17, 2014. Over the next 10 weeks, the government presented testimony from 71 witnesses, including 30 from Iraq. This represented the largest group of foreign witnesses ever to travel to the United States for a criminal trial. The witnesses included 13 people who were wounded in the shootings, as well as relatives of many of those who died. The government’s witnesses also included nine members of “Raven 23,” the Blackwater team that was on the scene on the day of the shootings.
According to the government’s evidence, at approximately noon on Sunday, Sept. 16, 2007, several Blackwater security contractors, including the four defendants, opened fire in and around Nisur Square, a busy traffic circle in the heart of Baghdad. When they stopped shooting, 14 Iraqi civilians were dead. Those killed included 10 men, two women and two boys, ages 9 and 11. Another 18 victims were injured.
The four defendants and 15 other Blackwater security contractors were assigned to a convoy of four heavily-armed trucks known as a Tactical Support Team, using the call sign “Raven 23.” Shortly before noon, Raven 23 learned that a car bomb had detonated in central Baghdad near a location where a U.S official was being escorted by a Blackwater personal security detail team. Raven 23 team members promptly reported to their convoy vehicles, and the convoy drove to a secured checkpoint between the Green Zone and Red Zone.
Once there, in disregard of an order from Blackwater’s command, the team’s shift leader directed Raven 23 to leave the Green Zone and establish a blockade in Nisur Square, a busy traffic circle that was immediately adjacent to the Green Zone. While occupying the southern part of the traffic circle, seven of the 19 members of Raven 23, including the four defendants and Ridgeway fired their weapons resulting in the deaths or injury of the unarmed Iraqi civilians there. While leaving the traffic circle, Slough continued to fire his weapon resulting in additional deaths and injuries.
Finally, further away, north of the traffic circle, Slough and Ridgeway again fired their weapons resulting in the injury of three more unarmed Iraqi civilians.
The first to be killed was Ahmed Haithem Ahmed Al Rubia’y, 21, an aspiring doctor, who was driving his mother to an appointment. His mother, Mahassin Mohssen Kadhum Al-Khazali, 44, a medical doctor, also was killed. Others who died included Ali Mohammed Hafedh Abdul Razzaq, 9, who was traveling with his family; Osama Fadhil Abbas, 52, a businessman who sold used cars and who was enroute to a business meeting; Mohamed Abbas Mahmoud, 47, a delivery truck driver, and his 11-year-old son, Qasim Mohamed Abbas Mahmoud; Sa’adi Ali Abbas Alkarkh, 52, a businessman; Mushtaq Karim Abd Al-Razzaq, 18, an Iraqi soldier who was standing at a military checkpoint; Ghaniyah Hassan Ali, 55, who was traveling with her daughter on a public bus, and who was in the area to get documentation for a trip to holy sites; Ibrahim Abid Ayash, 77, a gardener, who was traveling in another bus; Hamoud Sa’eed Abttan, 33, and his cousin, Usday Ismail Ibrahiem, 27, who were out looking for work with the Iraqi Army; Mahdi Sahib Nasir, 26, a taxi driver, and Ali Khalil Abdul Hussein, 54, a motorcyclist who was commuting to work.
The jury considered charges involving injuries to 14 men and three women. Because of travel issues, witnesses to support an 18th charge of attempted manslaughter did not appear at the trial and the charge related to that victim’s injuries was dismissed by the government.
This case was investigated by the FBI’s Washington Field Office. The Iraqi Ministry of Interior and the Iraqi National Police provided cooperation and assistance in the investigation.
The case was prosecuted by Special Assistant U.S. Attorneys Anthony Asuncion, Christopher R. Kavanaugh and T. Patrick Martin, and Assistant U.S. Attorneys John Crabb Jr. and David Mudd, of the National Security Section of the U.S. Attorney’s Office of the District of Columbia. The case was originally indicted by Assistant U.S. Attorneys Jonathan M. Malis and Kenneth Kohl of the District of Columbia.
Former Campaign Treasurer Sentenced to Prison Term for Tax Evasion and Filing False Campaign Reports Related to Diverting Money from Campaign's Bank AccountRead the Press Release
WASHINGTON – Hakim J. Sutton, 33, of Washington, D.C., was sentenced today to 16 months in prison for evading income taxes and violating campaign finance laws while working as the treasurer and custodian of records for a District of Columbia political campaign.
The sentence was announced by Acting U.S. Attorney Vincent H. Cohen, Jr., Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division, Chief Cathy L. Lanier of the Metropolitan Police Department (MPD), and Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service-Criminal Investigation’s (IRS-CI) Washington, D.C., Field Office.
Sutton pleaded guilty on Oct. 23, 2014, in the U.S. District Court for the District of Columbia to one count of income tax evasion, a federal offense, and one count of knowingly filing a false and misleading campaign finance report, a violation of District of Columbia law. He was sentenced by the Honorable Richard J. Leon. Under the plea agreement, Sutton is required to pay full restitution of $18,231 in taxes and interest to the IRS. Sutton was also ordered to three years of supervised release following his 16 month prison sentence.
According to a statement of offense, signed by the defendant as well as the government, Sutton was the principal owner of the Sutton Group, which performed political consulting services in the District of Columbia and elsewhere. In 2011 and 2012, Sutton served as the treasurer and custodian of records for the campaign of Michael A. Brown, a candidate seeking re-election to an at-large seat on the Council of the District of Columbia. Brown ultimately lost in the November 2012 election.
Between July 2011 and May 2012, Sutton diverted approximately $115,250 from the campaign bank account to himself by depositing the funds drawn from the campaign bank account into his own personal bank accounts, and converting funds drawn from the campaign bank account to cash. All told, Sutton wrote 36 checks payable to himself.
According to the statement of offense, some, but not all, of the money that Sutton diverted was compensation for Sutton’s work on the campaign. However, Sutton failed to file income tax returns for calendar years 2011 and 2012. He owes a total of $17,180 in federal income taxes for those years, along with an additional $1,051 in interest.
Sutton also omitted references to the checks that he had written to himself in a series of six reports he filed in 2011 and 2012 with the District of Columbia Office of Campaign Finance.
In announcing the sentence, Acting U.S. Attorney Cohen and Acting Assistant Attorney General Ciraolo commended the Metropolitan Police Department and the special agents of IRS-Criminal Investigation, who investigated the case, and Assistant U.S. Attorney David A. Last and former Assistant U.S. Attorney Bryan Seeley of the District of Columbia and Trial Attorney Kenneth C. Vert of the Tax Division, who prosecuted the case.
They also thanked Assistant U.S. Attorney Anthony Saler of the Asset Forfeiture and Money Laundering Section, Legal Assistant Angela Lawrence, Paralegal Specialist Tasha Harris, former Paralegal Specialist Nicole Wattelet, and Criminal Investigator John Marsh, all of the U.S. Attorney’s Office for the District of Columbia, for their assistance.
District Man Sentenced to More Than Six Years in Prison for Series of Crimes During 30-Day PeriodRead the Press Release
WASHINGTON – Desmond Chapman, 35, of Washington, D.C., has been sentenced to a prison term of six years and one month for a series of crimes, including a robbery, two thefts, and an assault on a police officer, that took place over a 30-day period last year, Acting U.S. Attorney Vincent H. Cohen, Jr. announced today.
Chapman pled guilty in February 2015, in the Superior Court of the District of Columbia, to one count of attempted robbery; one count of second-degree theft with a felony enhancement, and one count of felony assault on a police officer. He was sentenced on April 9, 2015, by the Honorable Juliet J. McKenna. Upon completion of his prison term, Chapman will be placed on three years of supervised release.
According to the government’s evidence, the series of crimes began with a robbery incident on May 3, 2014. That day, at approximately 6:30 a.m., the victim got out of a taxicab near First and Kennedy Streets NW. As the victim was walking, Chapman and another individual, who remains unidentified, attacked him. The victim was blindsided, hit on the side of the face, and had a T-shirt placed over his head. As the attack continued, the victim was struck several more times in the face and body, while the T-shirt remained over his head. The victim eventually fell to the ground. The victim later learned that his wallet containing $200 and credit cards were missing from his back pants pocket.
Less than two weeks later, on May 15, 2014, at approximately 6:55 p.m., Chapman entered a liquor store in the 5500 block of South Dakota Avenue NE, grabbed two half-gallon bottles of gin, and fled without paying. On May 23, 2014, at approximately 11:45 a.m., Chapman returned to the liquor store and once again snatched two half-gallon bottles of gin, fleeing without paying. Chapman was later identified as the thief from store surveillance footage. He has at least two prior theft convictions; therefore, he qualified for the felony enhancement at sentencing.
Finally, on May 31, 2014, at approximately 8:15 a.m., an officer with the Metropolitan Police Department (MPD) saw Chapman at the intersection of First and Kennedy Streets NW. The officer knew that Chapman had several outstanding warrants. Chapman saw the officer and walked away. She broadcast a look-out for him, and caught up with him after a brief chase that ended in the 5500 block of Kansas Avenue NW. As the officer attempted to apprehend Chapman, he physically resisted, causing her to fall to the ground and hit her head. Then, as she and another officer struggled with Chapman, he bit her on the left arm and left leg. Additional officers arrived to aid with Chapman’s apprehension. The officer, who also suffered injuries to her neck, back, and shoulders, was taken to a hospital for treatment.
In announcing the sentence, Acting U.S. Attorney Cohen commended the work of those who investigated the case from the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Ali D. Kargbo, of the Felony Major Crimes Trial Section, who investigated and prosecuted the matter; former Assistant U.S. Attorney Shane Waller; and Paralegal Specialist Debra McPherson.
District Man Sentenced to 38 Years to Life in Prison for 2000 Slaying of Government WitnessRead the Press Release
WASHINGTON – Anthony Gray, 37, of Washington, D.C., was sentenced today to a prison term of 38 years to life for the July 2000 murder of a government witness, announced Acting U.S. Attorney Vincent H. Cohen, Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and Robert D. MacLean, Chief of the United States Park Police.
Gray was found guilty on Dec. 2, 2014, of first-degree premeditated murder while armed, kidnapping, and felony murder while armed, as well as the aggravating circumstances that the murder was committed during the course of a kidnapping and was committed because the victim was a government witness. The jury verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Rhonda Reid Winston.
In sentencing the defendant, the judge declared: “The court system relies on the community to come forward. When one does that, the court takes it especially seriously if that person is murdered because of the citizen’s willingness to do what we expect of all citizens.”
According to the government’s evidence, Gray was part of a violent crew that operated in the Alabama Avenue SE area, known as “Simple City,” in the mid to late 1990s-2000s. The crew focused on selling drugs, committing violent crimes, and intimidating witnesses. Gray played an active role in the crew and committed a number of crimes on its behalf.
Specifically, in 1999, a murder was committed by two crew members in the area of Texas Avenue SE. Robert McManus, 20, was a reluctant witness to this murder. On July 5, 2000, as trial was approaching for the two crew members, Anthony Gray and another crew member kidnapped Mr. McManus from his bicycle for the purpose of preventing him from testifying at the trial. After kidnapping Mr. McManus, Gray and the other crew member drove him to the 4800 block of E Street SE, marched Mr. McManus into the woods, and shot him one time in the head. The following day, Mr. McManus’s body was recovered in a wooded area, executed.
After the murder of Mr. McManus, Gray bragged to multiple witnesses that he killed him because he was “hot.” According to Gray, Mr. McManus was “hot and he had to go.”
“Anthony Gray will spend decades in prison for executing a young man who had the courage to tell the truth about another murder committed by Gray’s crew,” said Acting U.S. Attorney Cohen. “This prison sentence should send a message to criminals who even think about harming a witness. The consequences of choosing to obstruct justice with violence will be harsh.”
In announcing the sentence, Acting U.S. Attorney Cohen, Chief Lanier, and Chief MacLean commended the work of those who investigated the case from the Metropolitan Police Department and the U.S. Park Police. They also 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, who indicted the matter; former Lead Paralegal Specialist Phil Aronson; Supervisory Paralegal Specialist Sharon Newman; Paralegal Specialists Meridith McGarrity, Fern Rhedrick, and Vanessa Trent-Valentine; Intelligence Analyst Zachary McMenamin; Supervisory Witness Security Specialist Michael Hailey; Witness Security Specialists Debra Cannon and Wanda Queen, and Information Technology Specialist Leif Hickling.
Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Laura R. Bach and Shana L. Fulton, who tried the case.
Two Cardiovascular Disease Testing Laboratories to Pay $48.5 Million to Settle Claims of Paying Kickbacks and Conducting Unnecessary TestingRead the Press Release
WASHINGTON – Cardiovascular testing disease laboratories Health Diagnostics Laboratory Inc. (HDL), of Richmond, Va., and Singulex Inc., of Alameda, Calif., have agreed to resolve allegations that they violated the False Claims Act by paying remuneration to physicians in exchange for patient referrals and billing federal health care programs for medically unnecessary testing, the Department of Justice announced today.
Under the settlements, which stem from three related whistleblower actions filed under the federal False Claims Act, HDL will pay $47 million and Singulex will pay $1.5 million. The government also intervened in the lawsuits as to similar allegations against another laboratory, Berkeley HeartLab Inc.; a marketing company, BlueWave Healthcare Consultants Inc., and its owners, Floyd Calhoun Dent and J. Bradley Johnson; and former CEO Latonya Mallory of HDL.
“When health care companies pursue profits by paying kickbacks to doctors, they undermine a patient’s ability to trust that medical decisions are being made for scientific reasons, not financial ones,” said Acting U.S. Attorney Vincent H. Cohen, Jr. “Those kickbacks also harm the taxpayer because they drive up the cost of federal health care programs with medically unnecessary tests. This significant settlement shows our determination to work with whistleblowers and our federal partners to defend the integrity of the health care system from illegal agreements that hurt patients and taxpayers.”
“Health care providers that attempt to profit by providing illegal inducements will be held accountable,” said Acting Assistant Attorney General Benjamin C. Mizer for the Justice Department’s Civil Division. “We will continue to advocate for the appropriate use of Medicare funds and the proper care of our senior citizens.”
As alleged in the lawsuits, HDL, Singulex and Berkeley induced physicians to refer patients to them for blood tests by paying them processing and handling fees of between $10 and $17 per referral and by routinely waiving patient co-pays and deductibles. In addition, HDL and Singulex allegedly conspired with BlueWave to offer these inducements on behalf of HDL and Singulex. As a result, physicians allegedly referred patients to HDL, Singulex and Berkeley for medically unnecessary tests, which were then billed to federal health care programs, including Medicare.
The Anti-Kickback Statute prohibits offering, paying, soliciting or receiving remuneration to induce referrals of items or services covered by federally funded programs. The Anti-Kickback Statute is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives and is instead based on the best interests of the patient.
“The District of South Carolina has more than doubled its resources allocated to the pursuit of fraud, including matters brought to our attention by whistleblowers,” said U.S. Attorney Bill Nettles of the District of South Carolina. “Whistleblower actions are a critical tool for holding health care providers accountable for fraudulent and abusive practices not only in South Carolina but nationwide.”
As part of the settlements, HDL and Singulex have agreed to enter into separate corporate integrity agreements with the Department of Health and Human Services’ Office of Inspector General (HHS-OIG). Those agreements provide for procedures and reviews to be put in place to avoid and promptly detect conduct similar to that which gave rise to these settlements.
“Today’s announcement that DOJ has settled in part and intervened in part in these whistleblower actions reflects the commitment by DOJ, our agency and our other law enforcement partners to ferret out alleged improper Medicare billings by health care companies that are looking to increase their profits at the expense of taxpayers,” said Special Agent in Charge Derrick L. Jackson of the HHS-OIG Atlanta Regional Office.
The lawsuits were filed by Dr. Michael Mayes, Scarlett Lutz, Kayla Webster, and Chris Reidel under the qui tam, or whistleblower, provisions of the False Claims Act. Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. The whistleblowers’ share of the settlements has yet to be determined. The act also permits the United States to intervene in and take over a whistleblower suit, as it has done in part in the three actions. The United States advised the court that it would be filing its own complaint against the corporate and individual defendants against whom it has intervened within 120 days.
Two of the lawsuits separately allege that the former CEO Phillipe Goix of Singulex and Quest Diagnostics Inc., parent of Berkeley, are liable for the scheme; the government declined to intervene in the allegations against Goix and Quest.
The government’s actions illustrate its emphasis on combating health care fraud and mark another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $23.9 billion through False Claims Act cases, with more than $15.2 billion of that amount recovered in cases involving fraud against federal health care programs.
These matters were investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Offices of the District of Columbia, the District of South Carolina, and the Middle District of North Carolina, HHS-OIG, the FBI, the U.S. Office of Personnel Management’s Office of Inspector General, and the Department of Defense’s Office of Inspector General Defense Criminal Investigative Service.
The cases are captioned United States ex rel. Mayes v. Berkeley HeartLab Inc., et al., Case No. 9:11-CV-01593-RMG (D.S.C.); United States ex rel. Riedel v. Health Diagnostic Laboratory, Inc., et al., Case No. 1:11-CV-02308 (D.D.C.); and United States, et al. ex rel. Lutz, et al. v. Health Diagnostic Laboratory, Inc., et al., Case No. 9:14-CV-0230-RMG (D.S.C.). The claims settled by these agreements and asserted against these companies and individuals are allegations only, and there has been no determination of liability.
District Man Sentenced to 16 Years in Prison for First-Degree Sexual Abuse of GirlfriendRead the Press Release
WASHINGTON – Yusuf Omar Bush, 35, of Washington, D.C., was sentenced today to a 16-year prison term for sexually assaulting his girlfriend, Acting U.S. Attorney Vincent H. Cohen, Jr. announced.
Bush pled guilty in September 2014 to a charge of first-degree sexual abuse, midway through his jury trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer Anderson. Upon completion of his prison term, Bush will be placed on 30 years of supervised release. He will also be required to register as a sex offender for life.
According to the government’s evidence, Bush and the victim began a romantic relationship in late 2013. In the months that followed, Bush became increasingly jealous and domineering, falsely accusing his girlfriend of having an affair with Bush’s nephew. Bush coupled his accusations with mounting levels of physical abuse. His manipulative behavior toward the victim paralyzed her with fear.
On April 28, 2014, Bush, upset over bad news from the IRS and fueled by unfounded suspicions of infidelity, lashed out physically again at his victim while they were at his house in Southeast Washington. As the day progressed, he became increasingly volatile, trapping her in his room and choking her, striking her in the jaw and body, and ramming a gun into her mouth. He then sexually assaulted her.
Afterwards, he permitted the victim to get dressed, but then forced her to kneel before him as he urinated into her mouth. Finally, he hogtied the victim and began suffocating her. Fearing her life was over, the victim screamed, “He’s trying to kill me! He’s trying to kill me!” A witness heard the victim’s screams and came to her rescue.
The victim fled the house barefoot and immediately reported the attack to police. By contrast, the defendant sneaked out the back door and fled the area. He purchased a one-way bus ticket to California using a false name. He made it to St. Louis, where deputy U.S. Marshals arrested him on May 2, 2014. When stopped, Bush demanded to know, “Who snitched on me?”
At the time of the offense, Bush was on supervised release for a 2006 drug conviction.
In announcing the sentence, Acting U.S. Attorney Cohen commended the work of the detectives of the Metropolitan Police Department’s Sexual Assault Unit, who investigated the case, and the patrol officers who first responded to the scene. He also expressed appreciation for the work of the U.S. Marshals Service. In addition, he commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Lezlie Richardson of the Victim/Witness Assistance Unit; Paralegal Specialist Joyce Arthur; Information Technology Specialist Anisha Bhatia; and intern Cristina Stam. Finally, he commended the work of Assistant U.S. Attorneys John L. Hill and Rebekah Holman, who investigated and prosecuted the case.
Vincent H. Cohen, Jr. Takes Office as Acting U.S. AttorneyRead the Press Release
WASHINGTON – Vincent H. Cohen, Jr. took office today as Acting United States Attorney for the District of Columbia. He succeeds Ronald C. Machen Jr., who resigned after serving more than five years in office.
Mr. Cohen, 44, a native Washingtonian, graduated with honors from Syracuse University in 1992 and obtained his juris doctorate from Syracuse University School of Law in 1995.
Mr. Cohen had been the Office’s Principal Assistant U.S. Attorney since July 2010, when he was named to that position by then- U.S. Attorney Machen. He first joined the U.S. Attorney’s Office in 1997 following his hiring by then-U.S. Attorney Eric Holder. Mr. Cohen handled criminal and civil matters until 2003, when he left the office for private practice.
In private practice, Mr. Cohen first worked at Hogan & Hartson (now Hogan Lovells), specializing in white-collar criminal litigation and employment law. While at Hogan & Hartson, he worked pro bono in 2005 for the International Criminal Tribunal for Rwanda, which investigated war crimes. He was joined in this work by Loretta E. Lynch, who was then a partner at the firm and who is now President Obama’s nominee to succeed Eric Holder as Attorney General of the United States.
Mr. Cohen later became a partner at Schertler & Onorato, where his practice included the representation of individuals and corporations in all aspects of criminal and civil litigation. While in private practice, Mr. Cohen was named one of the “Nation’s Best Advocates: 40 Lawyers Under 40” by the National Bar Association. He has served as General Counsel and active member of 100 Black Men of Greater Washington, Inc., an organization focused on improving the quality of life of African-Americans in the Washington, D.C. metropolitan area through programs focusing on health and wellness, economic empowerment, education, and mentoring.
Settlement Agent Found Guilty of Federal Charges in Multi-Million Dollar Mortgage Fraud SchemeRead the Press Release
WASHINGTON – Edward Dacy, 76, most recently of West Melbourne, Fla., has been found guilty by a jury of 10 counts of conspiracy, bank fraud, and mail fraud stemming from a multi-million dollar mortgage fraud scheme involving 45 properties and $16 million in mortgage loans used for the purchase of residential real estate in the District of Columbia and Maryland.
The verdict, returned March 25, 2015, was announced by Acting U.S. Attorney Vincent H. Cohen, Jr.; Olga Acevedo, Special Agent in Charge of the Mid-Atlantic Region, Office of the Inspector General, Federal Housing Finance Agency; Julie DeMello, Acting Special Agent in Charge of the Mid-Atlantic Region of the Office of the Inspector General of the U.S. Department of Housing and Urban Development (HUD-OIG); and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
The verdict followed a trial in the U.S. District Court for the District of Columbia. The Honorable Reggie B. Walton scheduled sentencing for June 19, 2015. This completes a three-year investigation relating to this mortgage fraud scheme. A total of nine individuals have admitted their guilt through guilty pleas or were found guilty after trial.
“Mortgage fraud victimizes innocent homeowners and weakens our economic future,” said Acting U.S. Attorney Cohen. “This settlement agent was supposed to be a check on mortgage fraud, but he instead joined this multi-million dollar rip-off scheme. This guilty verdict demonstrates our commitment to bringing justice to the fraudsters who fall lure to the promise of easy money and in the process harm innocent people and businesses.”
“Edward Dacy is a prime example of a real estate professional who believes that he can act above the law, regardless of what loss that causes to others,” said Special Agent in Charge Acevedo. “However, justice has prevailed, and Dacy has appropriately been found guilty. Our office is committed to ferreting out mortgage fraud directed at Fannie Mae and Freddie Mac, which subsequently impacts every American taxpayer.”
“The verdict against Edward Dacy should send a strong message to anyone connected with fraudulently originating FHA insured loans that the United States Department of Housing and Urban Development, Office of Inspector General will aggressively investigate loan origination fraud and seek prosecution when possible,” said Acting Special Agent in Charge DeMello.
“This verdict sends a clear message to the real estate and mortgage business community that law enforcement is united in our efforts to investigate those who bilk financial institutions out of millions of dollars,” said Assistant Director in Charge McCabe. “By joining in the scheme to defraud, which involved false loan applications, forged documents and fraudulent statements, Mr. Dacy took advantage of mortgage lenders and banks by falsely leading them to believe that they were supporting homeownership. Together with our federal, state and local law enforcement partners, the FBI will remain vigilant in investigating mortgage fraud schemes and will hold individuals accountable for their fraud schemes.”
The government’s evidence at trial included testimony from conspirators who were involved in the scheme to defraud banks, mortgage lenders, and the Federal Housing Administration, “FHA,” (part of U.S. Department of Housing and Urban Development) of money by obtaining mortgage loans on residential real estate properties through false loan applications and documents and fraudulent settlements, and ultimately causing a loss to the banks, lenders, and FHA when mortgages were not paid. Some of the fraudulently-obtained mortgage loans were later resold in the secondary mortgage market to Freddie Mac and Fannie Mae.
The trial evidence included information about conspirators who purchased properties in the names of general partnerships. They then recruited individuals, or straw buyers, to re-purchase these same properties for higher amounts, funded by fraudulently obtained mortgage loans, by promising the buyers that they would not be required to: make financial contributions toward the purchase of the properties; pay the monthly mortgage payments or expenses; or maintain the properties. These mortgage loans were obtained by fraudulent statements and documents, according to the evidence, including false loan applications and real estate contracts, phony cashier’s checks and verifications from banks, fabricated tax returns and letters from a Certified Public Accountant, and fraudulent deeds conveying title to the nominee buyers.
According to the trial evidence, Dacy handled the settlements of the real estate transactions. The settlement company received the funding from the mortgage lenders and should have collected the buyers’ cash contributions; it was under the obligation to disburse the money only if all of the mortgage lenders’ conditions were met and the buyers’ financial contributions collected. Only then would the settlement company be authorized to release the lenders’ money, and pay the costs of the closing, the debts of the property or seller, and any other authorized expenses as set forth on the Settlement Statement. According to the evidence, Dacy joined the multi-million dollar fraud conspiracy by managing and overseeing the straw buyers’ settlements of the properties, with knowledge that the straw buyers did not pay the cash contribution as required by the lenders.
In announcing the verdict, Acting U.S. Attorney Cohen, Special Agent in Charge Acevedo, Acting Special Agent in Charge DeMello, and Assistant Director in Charge McCabe commended the work of the Special Agents and analysts from the Offices of Inspector General of the Federal Housing Finance Agency and Department of Housing and Urban Development and the FBI, who investigated the case. They also expressed appreciation for the work of the U.S. Secret Service and the Offices of Inspector General of the Central Intelligence Agency, the Department of Justice, and Department of Homeland Security, which assisted in the investigation. They acknowledged the efforts of those working on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialists Ida Anbarian, Donna Galindo, Corinne Kleinman, Kristy Penny, Tasha Harris, and Heather Sales and Assistant U.S. Attorneys Anthony Saler and Arvind K. Lal, who assisted with forfeiture issues. Finally, they commended the work of Assistant U.S. Attorneys, David A. Last and Virginia Cheatham, who prosecuted the case.
North Carolina Man Pleads Guilty to Federal Charges of Production and Possession of Child PornographyRead the Press Release
WASHINGTON – David Wendell Pilcher, 50, of Granite Falls, N.C., pled guilty today to production and possession of child pornography, announced Acting U.S. Attorney Vincent H. Cohen, Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Pilcher entered the plea in the U.S. District Court for the District of Columbia. The Honorable Gladys Kessler is to sentence him on July 8, 2015. Pilcher faces a mandatory minimum of 15 years in prison and a maximum of 30 years, as well as a fine of up to $250,000.
According to the government's evidence, on or about Feb. 18, 2014, Pilcher contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site. Pilcher engaged in text message conversations with the undercover officer, whom Pilcher believed was the father of an under-aged girl. Pilcher and the undercover officer arranged to meet at a hotel room for the purpose of engaging in sexual acts with the child.
During the course of their conversation on Feb. 18, 2014, Pilcher sent the undercover officer two pornographic images of an under-aged child that Pilcher had produced using a cellular telephone. Based on a search of electronic items seized from Pilcher subsequent to his arrest, law enforcement recovered approximately 50 videos and 300 still images of child pornography.
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, Acting U.S. Attorney Cohen, Assistant Director in Charge McCabe, and Chief Lanier 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 Ari Redbord, who is prosecuting the case and Assistant U.S. Attorney Courtney Randall of the Western District of North Carolina, who assisted in the investigation.
Former MPD Detective Pleads Guilty to Money Laundering Charge Involving Purchases Made with Proceeds of Drug ConspiracyRead the Press Release
WASHINGTON – Stephanie Ellison, 50, a former Metropolitan Police Department (MPD) detective, pled guilty today to a money laundering charge stemming from the purchase and financing of two cars and a motorcycle with money that came from a drug conspiracy.
In a related plea, Raymond Proctor, 47, pled guilty today to drug conspiracy and money laundering charges.
The guilty pleas were announced by U.S. Attorney Ronald C. Machen Jr.; Charles E. Smith, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Cathy L. Lanier, Chief of the Metropolitan Police Department, and Troy D. Berry, Sheriff of Charles County, Md.
Ellison pled guilty in the U.S. District Court for the District of Columbia to one count of conspiracy to launder monetary instruments. She faces a statutory maximum of 20 years in prison. The Honorable James E. Boasberg scheduled sentencing for June 9, 2015.
Proctor, of Washington, D.C., pled guilty to one count of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and one count of conspiracy to launder monetary instruments. He faces a statutory maximum of 60 years of incarceration. He is to be sentenced on April 29, 2015.
According to the proffers of evidence filed with the Court, in 2010 the ATF, the MPD and the Charles County Sheriff’s Department began this joint investigation. During that investigation, Proctor sold a total of approximately 418 grams of heroin during several controlled purchases to multiple undercover agents in exchange for cash and export-only cigarettes.
During the course of this narcotics conspiracy, Proctor and Ellison conspired to launder monetary instruments. As part of this conspiracy, Proctor and Ellison purchased a 2006 Maserati, a 2007 Harley Davidson Night Rod, and a 2009 750LI BMW. Proctor and Ellison purchased these vehicles by commingling Proctor’s illegal proceeds with funds obtained from Ellison. Proctor and Ellison titled these vehicles in Ellison’s name; however, the vehicles were purchased for Proctor’s use. These vehicles were purchased to conceal and disguise the nature, source, and ownership of the narcotics proceeds, and hide the true ownership of the vehicles. According to the government’s evidence, Ellison knew that the property involved in these financial transactions represented the proceeds of some unlawful activity.
Ellison joined the MPD in 1986. The guilty pleas include consent orders of forfeiture for a money judgment which represent the proceeds of the crimes.
In announcing the pleas, U.S. Attorney Machen, Special Agent in Charge Smith, Chief Lanier, and Sheriff Berry commended the actions of the ATF Special Agents, Metropolitan Police Department officers, and members of the Charles County Sheriff’s Office who worked on the investigation and prosecution of this case. They also commended the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Catherine O’Neal, Kim Hall, Teesha Tobias, and Rosalind Pressley; Legal Assistant LaToya Wade, and former Legal Assistant Priscilla Hutson.
Finally, they expressed appreciation for the efforts of Assistant U.S. Attorneys Karla-Dee Clark and Zia Faruqui, who investigated and prosecuted these cases.
Washington, D.C.-Area Pharmacist Indicted and Arrested on Charges Involving Illegal Pharmaceutical ShipmentsRead the Press Release
WASHINGTON – A man who owned a pharmacy in Washington, D.C. has been arrested following his indictment on federal charges that he and a physician from Florida operated an Internet pharmacy site that illegally shipped prescription-required controlled and non-controlled drugs from Washington, D.C. to more than 38,000 customers in the United States.
Titilayo (Tomi) Akintomide Akinyoyenu, 47, a naturalized U.S. citizen born in Nigeria, was arrested March 27, 2015, at his home in Bethesda, Md., by the FBI’s Washington Field Office. The arrest followed his indictment in the U.S. District Court for the District of Columbia. The defendant, also known as Tommy Akin, appeared in court later that day and was released on personal recognizance pending a hearing on April 3, 2015.
The indictment, which was unsealed March 27, was announced today by U.S. Attorney Ronald C. Machen Jr.; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; Karl C. Colder, Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration (DEA); David M. McGinnis, Acting Inspector in Charge of the U.S. Postal Inspection Service’s (USPIS) Washington Division, and Antoinette V. Henry, Special Agent in Charge of the Metro Washington Field Office of the U.S. Food and Drug Administration’s Office of Criminal Investigations.
The indictment alleges that Akinyoyenu, a pharmacist licensed by the District of Columbia Board of Health, owned and operated an Internet pharmacy website known as apexonlinepharmacy.com between January 2005 and June 29, 2010. According to the indictment, pharmaceutical orders were illegally shipped to more than 38,000 U.S. customers from Apex Care Pharmacy, a pharmacy owned by the defendant that previously was located in the 4000 block of Minnesota Avenue NE.
Between June 2006 and June 2010, sales income for online transactions totaled at least $8.3 million, the indictment alleges.
The indictment also charges Alan J. Saltzman, 65, a physician from Coral Springs, Fla., with joining in the crimes. Saltzman, an osteopath who is licensed in Florida and Pennsylvania, has been sent a judicial summons to appear to answer the charges.
Physicians who write or authorize prescriptions without a valid doctor-patient relationship are issuing invalid prescriptions because the physicians are acting outside the usual course of professional practice. Likewise, pharmacists who knowingly fill such prescriptions, or who have reason to know such prescriptions are invalid, are violating the law.
The indictment alleges that Akinyoyenu, as chief pharmacist, filled more than 58,000 prescriptions (including refills) for pharmaceuticals for customers who ordered drugs over the Internet solely on the basis of their answers to an on-line medical questionnaire. Such prescriptions are invalid and hence illegal, according to the indictment, because no valid doctor/patient relationship exists by a customer requesting prescription required drugs over the Internet solely on the basis of completing an on-line questionnaire. A doctor approving such prescription requests never sees or examines the customer making the request, cannot verify the identity of such a customer, makes no physical examination, cannot verify the nature of the malady, makes no diagnosis, conducts no medical tests, and implements no treatment plan.
For example, according to the charges, Akinyoyenu filled more than 9,000 Internet orders for Fioricet, which contains butalbital, a Schedule III controlled substance. The indictment charges that these and other prescriptions were illegally filled, then shipped to Internet customers across the country, all from the back of the Apex Care Pharmacy in Northeast Washington.
The indictment alleges that Saltzman conspired with Akinyoyenu, and that he agreed to approve prescriptions requested on-line by the customers over the Internet; the indictment alleges he did so for a negotiated fee per each approved prescription. Saltzman is accused of approving all 38,000 customer requests for the Internet customers coming from all over the United States, based solely on their answers to an on-line medical questionnaire.
Both defendants are charged with four offenses: conspiracy to distribute and dispense controlled substances, which carries a maximum possible sentence of imprisonment of 10 years and a fine of up to $500,000; conspiracy to distribute controlled drugs over the Internet, which carries a maximum imprisonment of up to 10 years, and a fine of up to $500,000; conspiracy to introduce misbranded drugs into interstate commerce, which carries a maximum period of imprisonment of up to five years and a fine of up to $500,000; and conspiracy to engage in mail fraud, which carries a maximum sentence of imprisonment of up to 20 years and a fine of up to $250,000. The indictment also makes a forfeiture allegation for at least $8.3 million, which is the amount of funds allegedly involved in the illegal Internet operation.
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.
This investigation was sponsored and supported by the Department of Justice’s Organized Crime Drug Enforcement Task Force. The case was investigated by the FBI’s Washington Field Office; the Drug Enforcement Administration; the U.S. Postal Inspection Service, and the FDA’s Office of Criminal Investigations. Senior Litigation Counsel Linda I. Marks of the U.S. Department of Justice Civil Division’s Consumer Protection Branch provided assistance in the investigation. The case is being prosecuted by Assistant U.S. Attorney John P. Dominguez, who coordinated the investigation and presented the evidence to the grand jury.
Washington, D.C., Area Pharmacist Indicted and Arrested on Charges Involving Illegal Pharmaceutical ShipmentsRead the Press Release
Defendant is Accused of Operating a Rogue Internet Pharmacy, Generating about $8.3 Million in Illegal Proceeds
A man who owned a pharmacy in Washington, D.C., has been arrested following his indictment on federal charges that he and a physician from Florida operated an Internet pharmacy site that illegally shipped prescription-required controlled and non-controlled drugs from Washington, D.C., to more than 38,000 customers in the United States.
Titilayo Akintomide Akinyoyenu, 47, also known as Tomi, a naturalized U.S. citizen born in Nigeria, was arrested on March 27 at his home in Bethesda, Maryland, by the FBI’s Washington Field Office. The arrest followed his indictment in the U.S. District Court of the District of Columbia. The defendant, also known as Tommy Akin, appeared in court later that day and was released on personal recognizance pending a hearing on April 3.
The indictment, which was unsealed March 27, was announced today by U.S. Attorney Ronald C. Machen Jr. of the District of Columbia, Assistant Director in Charge Andrew G. McCabe of the FBI’s Washington, D.C., Field Office, Special Agent in Charge Karl C. Colder of the Drug Enforcement Agency’s (DEA) Washington, D.C., Division Office, Acting Inspector in Charge David M. McGinnis of the U.S. Postal Inspection Service’s (USPIS) Washington, D.C., Division, and Special Agent in Charge Antoinette V. Henry of the U.S. Food and Drug Administration’s (FDA) Office of Criminal Investigations Metro Washington, D.C., Field Office.
The indictment alleges that Akinyoyenu, a pharmacist licensed by the District of Columbia Board of Health, owned and operated an Internet pharmacy website known as apexonlinepharmacy.com between January 2005 and June 29, 2010. According to the indictment, pharmaceutical orders were illegally shipped to more than 38,000 U.S. customers from Apex Care Pharmacy, a pharmacy owned by the defendant that previously was located in the 4000 block of Minnesota Avenue, N.E.
Between June 2006 and June 2010, sales income for online transactions totaled at least $8.3 million, the indictment alleges.
The indictment also charges Alan J. Saltzman, 65, a physician from Coral Springs, Florida, with joining in the crimes. Saltzman, an osteopath who is licensed in Florida and Pennsylvania, has been sent a judicial summons to appear to answer the charges.
Physicians who write or authorize prescriptions without a valid doctor-patient relationship are issuing invalid prescriptions because the physicians are acting outside the usual course of professional practice. Likewise, pharmacists who knowingly fill such prescriptions, or who have reason to know such prescriptions are invalid, are violating the law.
The indictment alleges that Akinyoyenu, as chief pharmacist, filled more than 58,000 prescriptions (including refills) for pharmaceuticals for customers who ordered drugs over the Internet solely on the basis of their answers to an on-line medical questionnaire. Such prescriptions are invalid and hence illegal, according to the indictment, because no valid doctor/patient relationship exists by a customer requesting prescription required drugs over the Internet solely on the basis of completing an on-line questionnaire. A doctor approving such prescription requests never sees or examines the customer making the request, cannot verify the identity of such a customer, makes no physical examination, cannot verify the nature of the malady, makes no diagnosis, conducts no medical tests and implements no treatment plan.
For example, according to the charges, Akinyoyenu filled more than 9,000 Internet orders for Fioricet, which contains butalbital, a Schedule III controlled substance. The indictment charges that these and other prescriptions were illegally filled, then shipped to Internet customers across the country, all from the back of the Apex Care Pharmacy in Northeast Washington, D.C.
The indictment alleges that Saltzman conspired with Akinyoyenu and that he agreed to approve prescriptions requested online by the customers over the Internet; the indictment alleges he did so for a negotiated fee per each approved prescription. Saltzman is accused of approving all 38,000 customer requests for the Internet customers that came from all over the United States based solely on their answers to an online medical questionnaire.
Both defendants are charged with four offenses: conspiracy to distribute and dispense controlled substances, which carries a statutory maximum sentence of 10 years in prison and a fine of up to $500,000; conspiracy to distribute controlled drugs over the Internet, which carries a statutory maximum sentence of 10 years in prison and a fine of up to $500,000; conspiracy to introduce misbranded drugs into interstate commerce, which carries a statutory maximum sentence of five years in prison and a fine of up to $500,000; and conspiracy to engage in mail fraud, which carries a statutory maximum sentence of 20 years in prison and a fine of up to $250,000. The indictment also makes a forfeiture allegation for at least $8.3 million, which is the amount of funds allegedly involved in the illegal Internet operation.
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.
This investigation was sponsored and supported by the Department of Justice’s Organized Crime Drug Enforcement Task Force. The case was investigated by the FBI’s Washington Field Office, the DEA, USPIS, and the FDA’s Office of Criminal Investigations. Senior Litigation Counsel Linda I. Marks of the Department of Justice Civil Division’s Consumer Protection Branch provided assistance in the investigation. The case is being prosecuted by Assistant U.S. Attorney John P. Dominguez of the District of Columbia, who coordinated the investigation and presented the evidence to the grand jury.
Three District Men Sentenced to Prison Terms for Taking Part in Robbery ConspiracyRead the Press Release
WASHINGTON – Pablo Lovo, 27, Joel Sorto, 25, and Yonas Eshetu, 29, were sentenced today to significant prison terms for conspiring to interfere with interstate commerce by robbery, announced U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD) and Charles E. Smith, Special Agent in Charge of the Washington Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The men, all of Washington, D.C., were found guilty in May 2014 of the conspiracy charge, along with a related firearms offense. The verdicts followed a jury trial in the U.S. District Court for the District of Columbia. They were sentenced by the Honorable Rosemary M. Collyer. Lovo was sentenced to 124 months in prison, Sorto was sentenced to a 100-month prison term, and Eshetu was sentenced to 64 months of incarceration.
According to the government’s evidence, from mid-August to early September of 2013, members of the Metropolitan Police Department’s Narcotics and Special Investigations Division and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington Field Division, conducted an undercover investigation of the defendants, who conspired to rob a fictitious narcotics dealer/business owner. Lovo was the initial primary target of the investigation.
During that time, five meetings took place in the District of Columbia in which some and/or all of the defendants met with an undercover officer who purported to be working with them on the robbery plans. An undercover agent attended one meeting.
On Sept. 5, 2013, the day of the planned robbery, the three defendants and two other co-conspirators arrived at a target location in one automobile and further discussed the details of the armed robbery and the roles of each co-conspirator. Prior to executing the robbery, the defendants were arrested by the undercover officers. A search of the automobile that the defendants had arrived in yielded three 9 mm firearms, three gun magazines, which contained a total of 44 rounds of 9 mm ammunition, and two machetes that were to be used in the robbery.
The two other co-conspirators, Raul A. Cruz, Jr., 29, and Ariel Flores, 23, both of Washington, D.C., previously pled guilty to conspiracy to interfere with interstate commerce by robbery. Cruz was sentenced to 33 months of incarceration and Flores was sentenced to a 37-month prison term.
In announcing the sentences, U.S. Attorney Machen, Chief Lanier, and Special Agent in Charge Smith commended the actions of the Metropolitan Police Department officers and ATF Special Agents who worked on the investigation and prosecution of this case. They also commended the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Candace Battle, Catherine O’Neal, and Kim Hall; Legal Assistants Tammy Scott, Priscilla Hutson, and LaToya Wade; Information Technology Specialists Kimberly Smith, Thomas Royal, Anisha Bhatia, and William Henderson; Victim/Witness Specialists M. Laverne Forrest and Debra Cannon; Victim/Witness Supervisor Michael Hailey, and Criminal Investigator Duncan Templeton.
Finally, they praised the efforts of Assistant U.S. Attorneys Emory V. Cole and Karla-Dee Clark, who investigated and prosecuted the case.
Former Corrections Officer Sentenced to 27 Months in Prison for Taking Cash to Smuggle Contraband into FacilityRead the Press Release
WASHINGTON - Darren Malry, 52, a former corrections officer who worked for the Corrections Corporation of America (CCA), has been sentenced to 27 months in prison after earlier pleading guilty to a bribery charge for accepting money to smuggle contraband into the District of Columbia’s Correctional Treatment Facility.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr.; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; and Thomas N. Faust, Director of the District of Columbia Department of Corrections.
Malry, of Laurel, Md., pled guilty in October 2014 in the U.S. District Court for the District of Columbia. He was sentenced on March 25, 2015, by the Honorable Colleen Kollar-Kotelly. After his prison term, Malry will be placed on two years of supervised release.
According to the government’s evidence, Malry had worked for CCA as a corrections officer at the Correctional Treatment Facility. CCA, a private company, has a contract to provide services to the Correctional Treatment Facility.
On March 11, 2014, Malry met with an undercover FBI agent who gave him a cellphone, cigarettes, and rolling papers for Malry to deliver to an inmate housed at the Correctional Treatment Facility. Malry also accepted $750 in cash at that meeting, given in exchange for Malry smuggling the contraband into the facility and delivering it to the inmate.
Malry met again with the agent on April 21, 2014. At that meeting, the agent gave Malry cigarettes and several packages of a substance resembling marijuana. This time, Malry accepted $600 in cash, which was in exchange for Malry smuggling the contraband into facility for the same inmate. Malry subsequently was arrested.
In a related investigation, another former Corrections Company of America officer at the Correctional Treatment Facility, Lenard Fleming, 34, pled guilty in November 2014, to a bribery charge. He was sentenced last week to 27 months in prison.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Director Faust commended the work of those who jointly worked the case, including agents from the FBI’s Washington Field Office, investigators from the District of Columbia Department of Corrections Office of Investigative Services, and investigators from the Corrections Corporation of America. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Corinne Kleinman, and Angela Lawrence; Assistant U.S. Attorneys Melinda Williams, Todd Gee, and former Assistant U.S. Attorney Justin Dillon, who assisted in the investigation, and Assistant U.S. Attorneys Catherine K. Connelly, Allessandra Stewart, Arvind Lal, and Tom Swanton, who assisted with forfeiture issues. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Richard DiZinno, who prosecuted the case.
Schlumberger Oilfield Holdings, Ltd. Agrees to Plead Guilty and Pay over $232.7 Million for Violating U.S. Sanctions by Facilitating Trade with Iran and SudanRead the Press Release
WASHINGTON –Schlumberger Oilfield Holdings Ltd. (SOHL), a wholly-owned subsidiary of Schlumberger Ltd., has agreed to enter a guilty plea and to pay a $232,708,356 penalty to the United States for conspiring to violate the International Emergency Economic Powers Act (IEEPA) by willfully facilitating illegal transactions and engaging in trade with Iran and Sudan, U.S. Attorney Ronald C. Machen Jr. announced today.
“This is a landmark case that puts global corporations on notice that they must respect our trade laws when on American soil,” said U.S. Attorney Machen. “Even if you don’t directly ship goods from the United States to sanctioned countries, you violate our laws when you facilitate trade with those countries from a U.S.-based office building. For years, in a variety of ways, this foreign company facilitated trade with Iran and Sudan from Sugar Land, Texas. Today’s announcement should send a clear message to all global companies with a U.S. presence: whether your employees are from the U.S. or abroad, when they are in the United States, they will abide by our laws or you will be held accountable.”
Assistant Attorney General for National Security John P. Carlin and Under Secretary Eric L. Hirschhorn of the U.S. Commerce Department’s Bureau of Industry and Security (BIS) joined in the announcement.
The plea agreement, which is contingent upon the court’s approval, requires that SOHL pay the U.S. government $232,708,356 and enter into a three-year period of corporate probation. SOHL’s monetary penalty includes a $77,569,452 criminal forfeiture and an additional $155,138,904 criminal fine. The criminal fine represents the largest criminal fine in connection with an IEEPA prosecution.
The plea agreement also requires SOHL to submit to a three-year period of corporate probation and agree to continue to cooperate with the government and not commit any additional felony violations of U.S. federal law. In addition to SOHL’s commitments, under the plea agreement, SOHL’s parent company, Schlumberger Ltd., has also agreed to the following additional terms during the three-year term of probation, inter alia: (1) maintaining its cessation of all operations in Iran and Sudan, (2) reporting on the parent company’s compliance with sanctions, (3) responding to requests to disclose information and materials related to the parent company’s compliance with U.S. sanctions laws when requested by U.S. authorities, and (4) hiring an independent consultant to review the parent company’s internal sanctions policies and procedures and the parent company’s internal audits focused on sanctions compliance.
The guilty plea concludes a joint investigation commenced in 2009 and led by the U.S. Attorney’s Office for the District of Columbia, the Justice Department’s National Security Division, and the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) Dallas Field Office.
The U.S. Attorney’s Office for the District of Columbia is a national leader in export enforcement cases designed to stem the flow of weapons, technology, and other goods to sanctioned countries and entities overseas, including Iran, Sudan, and Cuba. Additionally, over the past five years, the U.S. Attorney’s Office has obtained more than $1.5 billion in recoveries from European banks – including ABN Amro Bank, ING Bank N.V., Standard Chartered Bank, and Commerzbank AG – that have admitted moving money illegally through the U.S. financial system on behalf of sanctioned countries and entities, including Iran, Sudan, and Cuba.
“Over a period of years, Schlumberger Oilfield Holdings Ltd. conducted business with Iran and Sudan from the United States and took steps to disguise those business dealings, thereby willfully violating the U.S. economic sanctions against those regimes,” said Assistant Attorney General Carlin. “The International Emergency Economic Powers Act is an essential tool that the United States uses to address foreign threats to national security through the regulation of commerce. Knowingly circumventing sanctions undermines their efficacy and has the potential to harm both U.S. national security and foreign policy objectives. The guilty plea and significant financial penalty in this case underscore that skirting sanctions for financial gain is a risk corporations ought not take.”
“Today's criminal guilty plea demonstrates the Commerce Department’s commitment to aggressively prosecute multinational corporations for violations involving embargoed destinations,” said Under Secretary Hirschhorn. “We will continue to pursue violators wherever they are located and whatever their size. I commend the Office of Export Enforcement and the Department of Justice for their outstanding efforts to investigate and prosecute this case.”
A criminal information was filed today in federal court in the District of Columbia charging SOHL with one count of knowingly and willfully conspiring to violate IEEPA. SOHL waived the requirement of being charged by way of federal Indictment, agreed to the filing of the information, and has accepted responsibility for its criminal conduct and that of its employees by entering into a plea agreement with the government.
In addition to SOHL’s agreement to continue its cooperation with U.S. authorities throughout the three-year period of probation and not to engage in any felony violation of U.S. federal law, SOHL’s parent company, Schlumberger Ltd., also has agreed to continue its cooperation with U.S. authorities during the three-year period of probation, and hire an independent consultant who will review the parent company’s internal sanctions policies, procedures and company-generated sanctions audit reports.
Summary of the Criminal Conduct
According to court documents, starting on or about early 2004 and continuing through June 2010, Drilling & Measurements (D&M), a United States-based Schlumberger business segment, provided oilfield services to Schlumberger customers in Iran and Sudan through non-U.S. subsidiaries of SOHL. Although SOHL, as a subsidiary of Schlumberger Ltd., had policies and procedures designed to ensure that D&M did not violate U.S. sanctions, SOHL failed to train its employees adequately to ensure that all U.S. persons, including non-U.S. citizens who resided in the United States while employed at D&M, complied with Schlumberger Ltd.’s sanctions policies and compliance procedures. As a result of D&M’s lack of adherence to U.S. sanctions combined with SOHL’s failure to train properly U.S. persons and to enforce fully its policies and procedures, D&M, through the acts of employees residing in the United States, violated U.S. sanctions against Iran and Sudan by: (1) approving and disguising the company’s capital expenditure requests from Iran and Sudan for the manufacture of new oilfield drilling tools and for the spending of money for certain company purchases; (2) making and implementing business decisions specifically concerning Iran and Sudan; and (3) providing certain technical services and expertise in order to troubleshoot mechanical failures and to sustain expensive drilling tools and related equipment in Iran and Sudan.
The Illegal Schemes
Illegal U.S. Person Approval of Capital Expenditures. According to court documents, one of the important functions of D&M management personnel was the supervision of D&M’s capital expenditure (CAPEX) process. The CAPEX process was a forecasting mechanism enabling oilfield locations to predict what tools and equipment they would need to meet anticipated demand for oilfield services. Oilfield personnel worldwide made requests through an automated system for the manufacture of new tools and for permission to spend money for certain purchases in order to support oilfield operations. Once approved by the D&M Global Asset Manager in the United States, a request for new equipment was transmitted to one of three manufacturing centers for the production of new tools and other assets. The spending of funds for large-scale purchases was authorized once the request was approved by the D&M Global Asset Manager. Under the CAPEX process in place during the relevant time period, approval by the D&M Global Asset Manager, a U.S. person, was required for every CAPEX request, including requests submitted by or for the benefit of D&M oilfields in Iran and Sudan.
Consequently, D&M’s CAPEX process violated sanctions with Iran and Sudan in a number of ways. Although CAPEX approvals were ordinarily sought through an automated computer system, D&M personnel outside the United States frequently sent emails to the D&M Global Asset Manager in the United States justifying particular requests, many of which related to requests submitted by or on behalf of Iran and Sudan. Furthermore, in these email communications, D&M personnel outside the United States referred to Iran as “Northern Gulf” and Sudan as “Southern Egypt” or “South Egypt” in email communications with D&M personnel in the United States.
In addition, D&M personnel outside the United States implemented a process designed to disguise the identities of the embargoed locations in the automated computer system in order to obtain approval from the D&M Global Asset Manager in the United States. Orders entered into the automated computer system were identified by a series of numbers and letters. Typically, the alpha-numeric identifier included a two or three-letter code indicating the country that placed the order. Instead of entering the country code for Iran or Sudan, D&M personnel entered non-embargoed country codes for embargoed location orders. Specifically, the code “BGM,” which identified a bonded-goods warehouse in Jebel Ali, United Arab Emirates, was used in place of the Iran and Sudan country codes in order to disguise the true locations. These efforts were deliberately taken and demonstrate the company’s involvement in contriving ways intended to evade restrictions imposed by U.S. sanctions.
D&M Headquarters Involvement in Iran and Sudan. According to court documents, separate and apart from the illegal CAPEX approval process that violated U.S. sanctions, D&M headquarters personnel made and implemented business decisions involving D&M operations in Iran and Sudan—again, all in violation of U.S. sanctions’ restrictions on the facilitation of trade with Iran and Sudan. D&M’s illegal involvement in the day-to-day operations in Iran and Sudan, through U.S. persons working at D&M headquarters, occurred with D&M’s knowledge and understanding of the applicability of U.S. sanctions laws to the company.
Technical Services. According to court documents, when technical problems arose in oilfield locations related to the operation of drilling tools, D&M personnel would enter relevant information about the technical issue into an automated computer system. D&M’s automated computer system would generally route the query to a technical expert who could assist the oilfield location in addressing the technical issue. If the technical issue was sufficiently complex, the query would ordinarily be routed to the technical experts located at the product center that manufactured the tool. At times, queries entered by, or on behalf of, D&M personnel in Iran and Sudan were addressed by D&M personnel located in the United States. The technical services provided to Iranian and Sudanese operations, by U.S. persons, violated the prohibitions of trade with Iran and Sudan required by U.S. sanctions.
SOHL and Schlumberger’s Remediation Efforts
In 2009, in consultation with the U.S. Department of State, Schlumberger agreed to no longer pursue new oilfield contracts in Iran. In 2011, Schlumberger voluntarily decided to cease providing oilfield services in Iran and the Republic of the Sudan (North Sudan). As of June 30, 2013, Schlumberger ceased providing oilfield services in Iran, and presently, Schlumberger has ceased providing oilfield services in North Sudan as well.
In announcing the plea, U.S. Attorney Machen, Assistant Attorney General Carlin and Under Secretary Hirschhorn commended the work of Special Agent Troy Shaffer from BIS’s Dallas Field Office. They also acknowledged the work of those who handled the case from the U.S. Attorney’s Office and DOJ’s National Security Division, including former Assistant U.S. Attorneys John Borchert and Ann H. Petalas and former Trial Attorney Ryan Fayhee.
The case is being prosecuted by Assistant U.S. Attorney Maia L. Miller of the National Security Section and Assistant U.S. Attorney Zia Faruqui of the Asset Forfeiture and Money Laundering Section, both of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney Casey Arrowood of DOJ’s National Security Division.
Former D.C. Government Official Found Guilty of Fraud Involving $110,000 Grant That Funded a 2009 Inaugural BallRead the Press Release
WASHINGTON – Neil S. Rodgers, a former District of Columbia government official, has been found guilty by a jury of first-degree fraud stemming from his role in channeling $110,000 in youth and drug prevention grant funds that were used to pay for an inaugural ball.
The guilty verdict, which was returned March 16, 2015, by a jury in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation.
The jury later acquitted Rodgers of one federal count of wire fraud and was unable to reach a verdict on one federal count of theft concerning programs receiving federal funds. At a hearing today, the Honorable Senior Judge John D. Bates denied a defense motion to dismiss the guilty verdict and scheduled sentencing for June 16, 2015. The charge of first-degree fraud, a District of Columbia offense, carries a statutory maximum of 10 years in prison.
Rodgers, 62, of Washington, D.C., served as the Committee Director of the Council of the District of Columbia’s Committee on Libraries, Parks, Recreation and Planning. Before becoming Committee Director, Rodgers worked for many years at the District of Columbia Department of Parks and Recreation, serving as Chief of Staff and Acting Director.
Six others have pled guilty to charges in the overall investigation, which focused on activities involving former Council Member Harry L. Thomas, Jr. Thomas pled guilty in January 2012 to charges stemming from a scheme in which he used more than $350,000 in taxpayers’ money that was earmarked for the arts, youth recreation, and summer programs for his own personal benefit, including paying for vehicles, clothing, and trips. He resigned in January 2012 as a condition of his plea agreement and recently completed serving a 38-month prison sentence.
According to the government’s evidence, Rodgers aided Thomas in illegally securing funds for the 51st State Inaugural Ball, held on Jan. 20, 2009, at the Wilson Building.
“Neil Rodgers was convicted of fraud by a D.C. jury for helping Harry Thomas steal money from children to throw a black-tie party in the Wilson Building,” said U.S. Attorney Machen. “This guilty verdict makes Neil Rodgers the seventh and final person to be convicted in connection with Harry Thomas’s crimes. This conviction makes clear that the citizens of the District of Columbia will not tolerate government employees who break the law to facilitate the corrupt dealings of elected officials. Public servants owe it to the taxpayers to stand up against crooked politicians, not to enable them.”
“Public funds intended to improve the lives of District youth were illegally steered to host a party for the 2009 Presidential inauguration,” said Assistant Director in Charge McCabe. “Government officials are properly held to a higher standard of conduct and by undermining these laws they violated the integrity of our government. This verdict is a reminder to government officials that corruption will not be tolerated in our community – no matter the level, the amount, or the individuals involved.”
Thomas directed one of his staffers to plan the ball to celebrate the inauguration of President Obama. The 51st State Inaugural Ball was sponsored by Thomas, other council members and a local chapter of a political organization which was run by Thomas’s staffer who planned the ball. Ticket sales and other contributions failed to raise enough money to pay the expenses associated with the ball. Following the ball, the vendors who provided services for the ball were owed approximately $100,000.
Thomas asked Rodgers to help find funding for the money owed to the vendors. Thomas and Rodgers participated in a scheme to take money that was originally donated by D.C. taxpayers to the Children at Risk and Drug Prevention Fund to pay for the inaugural ball.
After the ball was over, Thomas and Rodgers contacted the president of a public-private partnership that provided grants to children and youth of the district. Thomas and Rodgers falsely stated that the ball had been a youth event. The private-public partnership organization agreed to provide funding for the ball based on these representations. It also agreed to use the Children at Risk and Drug Prevention Fund money to pay for the ball.
The Children at Risk and Drug Prevention Fund consisted of money that had accumulated at the D.C. Department of Parks and Recreation after years of tax donations by D.C. taxpayers. In 2008, the D.C. Council passed legislation that gave responsibility for distributing the money to the community to the public-private partnership organization. At the time of the ball, the money had not yet transferred to the public-private partnership. Rodgers used his influence to finalize the transfer of the money so that it could be used to pay for the inaugural ball.
Rodgers then submitted false paperwork to the public-private partnership that described the inaugural ball as a youth event. Rodgers provided multiple copies of budgets and supporting narratives that misled the public-private partnership and resulted in the issuance of the Children at Risk and Drug Prevention Fund money to pay for the inaugural ball.
In announcing the verdict, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Special Agent in Charge Kelly commended the work of those who investigated the case from the FBI’s Washington Field Office and IRS-CI. They also acknowledged the work of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tasha Harris, Heather Sales, Jessica Mundi, and Ida Anbarian; Litigation Technology Specialists Joshua Ellen and Ron Royal; and former Assistant U.S. Attorneys Jonathan Haray, Bridget Fitzpatrick, James Smith, and David Johnson. Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Matthew Graves and Michelle Zamarin, who prosecuted the case.
District Man Sentenced to Four Years in Prison for Robbing Man at Bus StopRead the Press Release
WASHINGTON – Lance Applewhite, 33, of Washington, D.C., was sentenced today to four years of incarceration for robbing a man in broad daylight at a bus stop in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Applewhite was found guilty in January 2015 by a jury of a robbery charge, following a trial in the Superior Court of the District of Columbia. The Honorable Zoe Bush sentenced him today to a total of 15 years in prison, but suspended all but four years of that time on the condition that he successfully complete probation. Following his prison term, Applewhite will be placed on three years of supervised release.
According to the government’s evidence, on the afternoon of Sept. 17, 2014, the victim was on his way home from work and was making a purchase of food at a convenience store at 14th Street and Columbia Road NW. The victim had about $200 in cash in his wallet, and Applewhite was standing next to him as he took out money to pay for the purchase and received his change. Applewhite followed the victim out of the store, and went directly to the bus stop where the victim began waiting. At that point, Applewhite took out a knife and threatened to kill the victim if he did not turn over his money and cell phone.
The victim complied, and Applewhite ran away. The victim quickly flagged down a passer-by so that he could call police and report the robbery. Police reviewed surveillance footage from the convenience store, leading to Applewhite’s arrest.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Michael Marando, who assisted in the investigation; Paralegal Specialist Shirrel Jackson, and Litigation Technology Specialists Anisha Bhatia and Leif Hickling. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Marco A. Palmieri, who investigated and prosecuted the case.
Maryland Man Sentenced to 10 Years in Prison for Shooting Outside Northwest Washington Night ClubRead the Press Release
WASHINGTON – Jonathan Blades, 30, of Suitland, Md., was sentenced today to 10 years in prison on charges stemming from a shooting outside a night club in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Blades was found guilty in January 2015, following a trial in the Superior Court of the District of Columbia, of charges of assault with intent to kill while armed, aggravated assault while armed and related firearms offenses. He was sentenced by the Honorable Michael Ryan. Upon completion of his prison term, Blades will be placed on five years of supervised release.
According to the government’s evidence, on Sunday, Feb. 2, 2014, at about 3 a.m., Blades and the victim engaged in a physical altercation after leaving a night club at 20th and K Streets NW. After the fight had stopped, Blades went to his car and retrieved a 40-caliber semi-automatic handgun. Then, as the victim ran from Blades, Blades shot nine times. The gunfire hit the victim, sending a bullet through his back and shoulder. The victim fled to a gas station several blocks away, at 22d and M Streets NW, where a citizen offered him first aid. He was hospitalized for his injuries. Blades was arrested on Feb. 5, 2014.
In announcing the sentence, U.S. Attorney Machen expressed his appreciation to the Metropolitan Police Department, the U.S. Marshals Service, and the Prince George’s County, Md. Police Department for their work on the case. He also acknowledged the work of Paralegal Specialist Allison Gregory Daniels, Victim/Witness Advocate Diana Lim, and Litigation Technology Specialist Leif Hickling, all of the U.S. Attorney’s Office. Finally, he commended Assistant U.S. Attorneys Scott Sroka and Christopher Macchiaroli, who tried the case.
Former D.C. Goverment Employee Pleads Guilty to Using Government-Issued Credit Cards for Personal PurposesRead the Press Release
WASHINGTON – Terrell McCray, 31, a former employee of the District of Columbia Department of Fire and Emergency Medical Services (DCFEMS), pled guilty today to using government-issued credit cards to make purchases over $4,000 in gasoline for personal vehicles, announced U.S. Attorney Ronald C. Machen Jr. and Robert C. Erickson, Deputy Inspector General of the U.S. General Services Administration (GSA).
McCray was arrested in January 2015, following an investigation by the Office of the Inspector General for the U.S. General Services Administration (GSA). He had been a ticket writer in the DCFEMS Fleet Division.
McCray, of Washington, D.C., pled guilty in the Superior Court of the District of Columbia to a charge of first-degree misdemeanor fraud. The Honorable Neal E. Kravitz scheduled sentencing for May 20, 2015. The charge carries a statutory maximum of 180 days in jail and/or financial penalties. The plea agreement calls for McCray to make full restitution.
In a related investigation, Kimberley Pinkney, 45, of Washington, D.C., pled guilty on March 9, 2015 to second-degree felony fraud. Pinkney, a former inspector with DCFEMS, admitted using her government-issued credit card to purchase over $11,000 in gasoline for her personal vehicle. She is to be sentenced on May 5, 2015. She also agreed to make full restitution.
According to a proffer of facts submitted at today’s plea hearing, GSA administers the leases of over 150,000 government vehicles, including 41 to DCFEMS. Each vehicle is assigned a credit card to be used to purchase fuel and pay for other normal vehicle-related expenses, such as car washes and routine maintenance. GSA pays charges on the cards with federal funds.
McCray’s actions came to light in the fall of 2014 during a proactive review of purchases associated with the government credit cards. Investigators flagged suspicious activity. McCray was interviewed by GSA investigators in December 2014 after he was observed that month selling gas to fuel two Mercedes Benz sedans with Maryland license plates. The investigation also determined he fueled his own Jaguar and other persons’ vehicles on multiple occasions.
McCray acknowledged to investigators that he used government cards for personal use, and stated that he also sold gas at discounts to friends and acquaintances. A review of purchases made between Aug. 16, 2014 and Dec. 12, 2014, showed that the total fraud generated by his use of these cards as $4,170.
In announcing the plea, U.S. Attorney Machen and Deputy Inspector General Erickson commended those who investigated the case, including the team led by Special Agent in Charge Gerald Garren. They also expressed appreciation for the assistance provided by the Internal Affairs Unit and the command staff of the D.C. Department of Fire and Emergency Medical Services. Finally, they acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kristy Penny and Assistant U.S. Attorney Stephanie G. Miller, who is prosecuting the case.
District Man Sentenced to a Year in Prison for Burglary of Office ComplexRead the Press Release
WASHINGTON – David Pitts, 38, of Washington, D.C., was sentenced today to a year and a day in prison on charges stemming from an incident in which he broke into an office building in Northwest Washington after setting a series of fires, U.S. Attorney Ronald C. Machen Jr. announced.
Pitts pled guilty in January 2015, in the Superior Court of the District of Columbia, to charges of second-degree burglary and first-degree identity theft. He was sentenced by the Honorable Zoe Bush. Judge Bush sentenced Pitts to a total of two years in prison on the charges, but suspended all but a year and a day of the time. Following completion of his prison term, he will be placed on three years of supervised release.
According to a proffer of facts Pitts agreed to at the plea hearing, on Sept. 4, 2014, at about 12:50 a.m., Pitts set a chair and bottles on fire near the parking attendant booth of the parking garage at an office complex in the 3300 block of New Mexico Avenue NW. The fire destroyed the chair and caused damage to the attendant booth. He then walked to another part of the complex and twice lit some newspapers on fire on the ground; this caused no damage.
Minutes later, Pitts walked to a wooded area near the adjacent Embassy Park complex and set another small fire. This fire grew, and had to be extinguished by the District of Columbia Fire and Emergency Medical Services Department.
After setting the fires, Pitts entered the office building on New Mexico Avenue, which houses doctors’ offices and a pharmacy, with the intent to steal prescription medications, controlled substances, and prescription pads. He was arrested at the scene. A subsequent search of the defendant’s apartment led to the recovery of over 5,300 pills, blank prescription pads from at least nine different doctors’ offices, and other items. Many of the blank prescription pads were for doctors who had offices in the complex. Additional blank prescription pads were found in a search of the defendant’s office.
Pitts also faces multiple charges of second-degree burglary, theft and destruction of property in Montgomery County, Md.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department, the Montgomery County, Md. Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the District of Columbia Fire and Emergency Medical Services Department. He also expressed appreciation for the work of former Assistant U.S. Attorney Brittain Shaw, who investigated the case, and Assistant U.S. Attorney Christopher Bruckmann, who prosecuted the matter.
U.S. Attorney's Office Will Not Pursue Charges Against Man Whose Errant Drone Landed at White HouseRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia announced today that it will not pursue criminal charges against the man who lost control of a drone that landed on the grounds of the White House early Jan. 26, 2015.
The decision was made following an investigation by the United States Secret Service and a review of applicable law. The Federal Aviation Administration has begun a review of the incident for possible administrative action.
The investigation determined that the man had borrowed the quadcopter drone from a friend and had it at his apartment in downtown Washington, D.C. According to an interview with the man, he flew it around his apartment and outside his window late Jan. 25 and early Jan. 26, 2015. Around 3 a.m., the drone was outside over 10th Street when he saw it ascend to an altitude of about 100 feet and head in a westerly direction. He tried to regain control over it, but to no avail. He called his friend, who was unable to advise him how to gain control over the drone.
The man knew that the drone’s battery was nearing the end of its charge and expected that it would crash somewhere over the Mall. He went to sleep not knowing where the drone had gone. After he awoke to news reports of the crash on the White House grounds, he self-reported the incident to the Secret Service.
A forensic analysis of the drone determined that it was not operating under the direction of its controller when it crashed at the White House.
Maryland Man Sentenced to 3 ½-Year Prison Term for Sexually Assaulting Woman in Northwest Washington WoodsRead the Press Release
WASHINGTON – Christopher Wallace, 30, formerly of Bladensburg, Md., was sentenced today to 42 months in prison for attempting to sexually assault a woman in a park last year, U.S. Attorney Ronald C. Machen Jr. announced.
Wallace pled guilty in December 2014, in the Superior Court of the District of Columbia, to a charge of attempted first-degree sexual abuse. He was sentenced by the Honorable Rhonda Reid Winston. Upon completion of his prison term, Wallace will be placed on 10 years of supervised release. He also will be required to register as a sex offender for the rest of his life.
According to the government’s evidence, on April 1, 2014, at about 7:30 p.m., the victim and Wallace exited a Circulator bus near the Georgetown waterfront in Northwest Washington. Wallace, whose name was not known to the victim, directed the victim to the Capital Crescent Trail, which they walked along until entering Glover-Archbold Park. At that point, the victim confronted Wallace over going further into the woods. Wallace grabbed her by her hair and directed her further into the woods. He then sexually assaulted her.
Afterwards, the victim immediately went to a hospital and reported the assault. She described a distinctive tattoo that her assailant had on his hand, which law enforcement used along with other leads to identify Wallace. He has been in custody since his arrest.
In announcing the sentence, U.S. Attorney Machen praised the work performed by those who investigated the case from the United States Park Police and Metro Transit Police Departments. He also expressed appreciation for the assistance of the Metropolitan Police Department. He acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Tracey Hawkins and Paralegal Specialist Jason Manuel. Finally, he commended the work of Assistant U.S. Attorney Jeff T. Cook, who investigated and prosecuted the matter.
Thai Man Sentenced to Prison for Conspiracy to Violate Arms Export Control Act and International Traffic in Arms Regulations, Involving Significant Amounts of Gun PartsRead the Press Release
WASHINGTON - Kitibordee Yindeear-Rom, 28, a native and citizen of Thailand, was sentenced today to three years in prison for taking part in a conspiracy involving the purchase and shipment of hundreds of gun parts from the United States to Thailand without a license.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr. and Clark E. Settles, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Washington, D.C.
Yindeear-Rom pled guilty in November 2014, in the U.S. District Court for the District of Columbia, to a charge of conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations. The plea, which was contingent upon the Court’s approval, called for a sentence of 36 months of incarceration. The Honorable Rosemary M. Collyer accepted the plea today and sentenced the defendant accordingly.
According to the evidence presented at the plea hearing, beginning at least in or about July 2010, Yindeear-Rom entered into an agreement with at least one other individual to 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 at least one other individual in the United States 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, 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, magazines, gun barrels, night vision scopes, and all manner of gun replacement parts for a variety of handguns, rifles, and shotguns. These defense articles had a retail value in excess of $66,000.
As part of the plea agreement, Yindeear-Rom agreed to his removal from the United States and the forfeiture of $66,000.
In announcing the sentence, U.S. Attorney Machen 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 commended the work of Assistant U.S. Attorneys Tejpal Chawla and Opher Shweiki, who prosecuted the case, and Assistant U.S. Attorney Zia Faruqui, who assisted with forfeiture aspects of the investigation.
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Former Corrections Officer Sentenced to 27 Months in Prison for Taking Cash to Smuggle Contraband into FacilityRead the Press Release
WASHINGTON - Lenard Fleming, 34, a former corrections officer who worked for the Corrections Corporation of America (CCA), was sentenced today to 27 months in prison after earlier pleading guilty to a bribery charge for accepting money to smuggle contraband into the District of Columbia’s Correctional Treatment Facility.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr.; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; and Thomas N. Faust, Director of the District of Columbia Department of Corrections.
Fleming, of District Heights, Md., pled guilty in November 2014 in the U.S. District Court for the District of Columbia to one count of bribery. He was sentenced by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Fleming will be placed on two years of supervised release.
According to the government’s evidence, Fleming had worked for the Corrections Corporation of America (CCA) as a corrections officer at the Correctional Treatment Facility. CCA, a private company, has a contract to provide services to the D.C. Jail.
During the investigation, the FBI recovered contraband from an inmate at the Correctional Treatment Facility in January 2014. Fleming admitted that he smuggled items for the same inmate through that inmate’s contacts outside of the Correctional Treatment Facility. Fleming received cash payments in exchange for smuggling cigarettes and, on one occasion, an iPhone, into the Correctional Treatment Facility for delivery to the inmate.
Fleming was terminated by CCA in February 2014 following a complaint that he was smuggling contraband into the facility for another inmate. CCA was presented with allegations that Fleming met several times with the wife of another inmate. On each occasion, the inmate’s wife provided Fleming cash in exchange for Fleming smuggling cigarettes and synthetic marijuana into the facility and delivering it to the inmate. Fleming was arrested April 30, 2014.
In a related investigation, another former corrections officer at the Correctional Treatment Facility, Darren Malry, 52, pled guilty in October 2014, to a bribery charge. According to the government’s evidence, on March 11, 2014, Malry smuggled contraband into the facility for an inmate. Malry was arrested that day. Malry is to be sentenced March 25, 2015.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Director Faust commended the work of those who jointly worked the case, including agents from the FBI’s Washington Field Office, investigators from the District of Columbia Department of Corrections Office of Investigative Services, and investigators from the Corrections Corporation of America. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Corinne Kleinman, and Angela Lawrence; Assistant U.S. Attorneys Melinda Williams, Todd Gee, and former Assistant U.S. Attorney Justin Dillon, who assisted in the investigation, and Assistant U.S. Attorneys Catherine K. Connelly, Allessandra Stewart, and Arvind Lal, who assisted with forfeiture issues. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Richard DiZinno, who prosecuted the case.
District Man Found Guilty of Sexually Assaulting Woman in Northwest Washington AlleyRead the Press Release
WASHINGTON – George Cocroft, 38, of Washington, D.C., was found guilty today of first-degree sexual abuse, with aggravating circumstances, for sexually assaulting a woman in an alley in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Cocroft was found guilty in the Superior Court of the District of Columbia after a bench trial by the Honorable Robert E. Morin. Cocroft, a prior sex offender, will be sentenced on May 22, 2015. He faces up to life imprisonment without the possibility of release and will be required to register as a sex offender for the remainder of his life.
According to the government’s evidence, on Nov. 25, 2012, the victim, then 19, traveled alone by Metro into the District of Columbia. She has an intellectual disability and autism. At approximately 7 p.m., she went into a fast-food restaurant in the Chinatown neighborhood. Once inside, she encountered the defendant, a homeless man, who sat down with her and began complimenting her and holding her hand.
Cocroft and the victim left the restaurant together, at which time the defendant led the victim into a dark alley. The victim initially believed the defendant’s house was in the alley and that they were going to talk so that they could get to know each other better.
Once in the alley, Cocroft began groping the victim and telling her he had not had sex in a long time. The victim was scared and told the defendant that she did not want to have sex. She said that they should wait until they were older and married. The defendant did not stop, however. He led her to a more secluded part of the alley and had her lie face down on concrete barriers. Despite her continued protests, he sexually assaulted her. After the assault, the victim reported what had happened to her to a Metro station manager. The defendant was subsequently arrested pursuant to an arrest warrant.
In announcing the verdict, U.S. Attorney Machen praised the work performed by those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit. He also acknowledged the critical services provided to the victim at the District of Columbia Children’s Advocacy Center. In addition, he expressed appreciation for the work of those who handled the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan; Paralegal Supervisor Jason Manuel; Paralegal Specialist Tierra Nanches; Information Technology Specialist Michael Richards; Victim/Witness Security Specialists David Foster and La June Thames; and former Assistant U.S. Attorney Heide Herrmann. Finally, he commended the work of Assistant U.S. Attorneys Amy Zubrensky and Jeff T. Cook, who investigated and prosecuted the matter.
Brothers Sentenced to Prison Terms for Shooting and Robbing Man in Northeast WashingtonRead the Press Release
WASHINGTON – Michael Canarte, 23, and his brother, Aubrey Canarte, 30, both of Washington, D.C., have been sentenced to prison terms for robbing and shooting a man in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.
The brothers pled guilty in January 2015 to charges of assault with intent to kill and unlawful possession of a firearm. They were sentenced on March 13, 2015 by the Honorable Lynn Leibovitz. Michael Canarte was sentenced to 10 years in prison, and his brother was sentenced to seven years. Following their prison terms, Michael Canarte will be placed on five years of supervised release, and Aubrey Canarte on three years of supervised release.
According to the government’s evidence, the victim was a friend of a man who had been involved in an ongoing dispute with the Canarte brothers. However, the victim was not involved in the dispute. Nonetheless, on the night of Nov. 21, 2013, Aubrey Conarte approached the victim near an apartment building and alley off the 500 block of 60th Street NE and asked about the man. The victim stated that he did not know where the man could be located.
The victim decided to leave the area and began walking further into the alley. At that point, Michael Canarte emerged from the apartment building and began following the victim. He brandished a gun and ordered the victim to get to the ground. He then rifled through the victim’s pockets, taking his wallet and cellphone. The victim begged for his life. Michael Canarte fired six to 10 rounds, hitting the victim in the neck, leg, and torso.
Following the initial group of shots, someone remarked that the victim did not appear “dead yet.” Immediately following the statement, Aubrey Conarte snatched the gun from his brother, walked over to the victim, stood directly above him, and fired two more shots. After the victim saw dirt kick up next to his face, he stopped moving and pretended to be dead, hoping that the brothers would stop shooting at him.
When police and emergency medical personnel arrived on the scene, they discovered the victim and rushed him to Washington Hospital Center. Though he survives, he suffers paralysis and lost the ability to walk.
In announcing the sentencings, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department, including detectives from the Sixth Police District. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Stephanie Gilbert and Antoinette Sakamsa, Victim/Witness Advocate Jennifer Clark, and Assistant U.S. Attorney Robert E. Eckert, Jr., who investigated and prosecuted the matter.
American Citizen Pleads Guilty to Bribery of a Public Official and Conspiracy ChargesRead the Press Release
WASHINGTON – Binh Vo, 41, an American citizen living in Vietnam, pled guilty today to charges of conspiracy to commit bribery and visa fraud; bribery of a public official; and conspiracy to commit money laundering, announced U.S. Attorney Ronald C. Machen Jr. and Bill A. Miller, Director of the U.S. Department of State’s Diplomatic Security Service (DSS).
Vo entered the plea in the U.S. District Court for the District of Columbia, where a criminal information was pending against him. The plea agreement, which is contingent upon the Court’s approval, calls for a prison sentence between six and eight years, as well as forfeiture of nearly $5.1 million. The Honorable Emmet G. Sullivan scheduled sentencing for June 12, 2015.
Vo was arrested on Sept. 24, 2013, at Washington Dulles International Airport and has been held without bond ever since.
According to the statement of facts in support of his guilty plea, Vo conspired with co-defendant Michael Sestak and others to obtain visas to the United States for Vietnamese citizens. Sestak, 43, was the Non-Immigrant Visa Chief in the Consular Section of the U.S. Consulate in Ho Chi Minh City, Vietnam from August 2010 to September 2012.
According to the statement of facts, Vo and Sestak conspired with other U.S. citizens and Vietnamese citizens to advertise the scheme and recruit customers. Co-conspirators reached out to people in Vietnam and the United States and advertised the scheme by creating a website and by spreading the word through emails and telephone calls. The conspirators told potential customers that once the customer obtained a visa from the scheme, they could disappear, get married or return to Vietnam and be assured of receiving visas in the future.
According to the statement of facts, Vo and his co-conspirators received biographical information and photographs from customers and assisted them with their visa applications. Upon submitting an application, the applicants would receive an appointment at the Consulate, be interviewed by Sestak, and approved for a visa. Applicants or their families generally paid between $30,000 and $60,000 per visa. Nearly 500 fraudulent visas were issued as a result of the conspiracy.
Applicants paid for their visas in Vietnam, or by routing money to co-conspirators in the United States. Vo admitted to receiving millions of dollars for arranging for Sestak to approve the visas. He ultimately moved some of the money out of Vietnam by using money launderers to move funds through off-shore banks. Co-conspirators also had money laundered through off-shore banks to bank accounts in the United States.
In addition to Sestak, two others have pled guilty to participating in the scheme. They are Hong Vo, 29, an American citizen, and Truc Thanh Huynh, 31, a Vietnamese citizen, all of whom are charged with conspiring with Sestak and Binh Vo. Hong Vo is Binh Vo’s sister, and Truc Thanh Huynh is Bin Vo’s cousin.
According to the statement of facts, fraudulent visas granted by Sestak were connected to an Internet Protocol (“IP”) address controlled by Hong Vo. Huynh allegedly participated in the visa scheme by obtaining documents necessary for the visa applications, collecting money and providing model questions and answers for visa applicants. Sestak also allegedly approved a visa for Huynh to the United States, the application for which was submitted by the IP address controlled by Hong Vo.
The case was investigated and prosecuted by the U.S. Department of State Diplomatic Security Service and Assistant U.S. Attorneys Brenda J. Johnson, Alessio D. Evangelista of the National Security Section, Catherine K. Connelly and Jennifer Ambuehl of the Asset Forfeiture and Money Laundering Section, as well former Assistant United States Attorneys Christopher Kavanaugh, and Mona N. Sahaf.
United States Attorney Ronald C. Machen Jr. to Step Down Vincent H. Cohen Jr. to Become Acting U.S. AttorneyRead the Press Release
WASHINGTON –Ronald C. Machen Jr. announced today that he is resigning as United States Attorney for the District of Columbia, effective April 1, 2015, ending more than five years of leading the nation’s largest U.S. Attorney’s Office.
U.S. Attorney Machen, 45, said he intends to return to private practice. Principal Assistant U.S. Attorney Vincent H. Cohen, Jr., 44, a native Washingtonian, will become Acting U.S. Attorney when Mr. Machen leaves office.
“During more than five years as United States Attorney for the District of Columbia, Ron Machen has distinguished himself as a skilled leader, a devoted public servant, and a forceful champion of justice on behalf of the American people,” said Attorney General Eric Holder. “Throughout his remarkable tenure, Ron has applied his boundless talent and consummate judgment to protect the safety and security of all Americans in cases involving violent crime, national security threats, and public corruption. As one of Ron’s predecessors as U.S. Attorney in Washington, I know firsthand the unique demands of leading the nation’s largest U.S. Attorney’s Office. But Ron has never been deterred by a difficult challenge, nor slowed in his pursuit of a safer, stronger Washington. I was fortunate to be able to hire Ron as an Assistant U.S. Attorney in the Office in 1997, and I see in him now the exceptional qualities that I saw in him then: unassailable integrity, relentless determination, and a passion for law and justice. I congratulate him on the outstanding results he has achieved as U.S. Attorney for the District of Columbia. I thank him for his inspiring service. And I look forward to all that he will accomplish in the next stage of his already extraordinary career.”
“After more than five years as United States Attorney, it is time for me to step down,” said U.S. Attorney Machen. “Serving as the U.S. Attorney for the District of Columbia has been the highest honor of my professional career. I am tremendously grateful to the President, Attorney General Holder, and Congresswoman Eleanor Holmes Norton for placing their trust in me. The men and women of this office are among the most dedicated and talented public servants in the country. I am proud of the work we have done together to achieve justice in the courthouse and to build bonds of trust with the community that we serve. I leave this position confident that my extraordinary colleagues will continue to pursue justice and protect the residents of the District and this great nation.”
After nomination by President Obama and unanimous Senate confirmation, Mr. Machen was sworn in as U.S. Attorney for the District of Columbia on Feb. 18, 2010. With more than 300 attorneys, the U.S. Attorney’s Office for the District of Columbia is the largest U.S. Attorney’s office in the country, and is unique in that it prosecutes local offenses as well as federal crimes.Mr. Machen first joined the U.S. Attorney’s Office for the District of Columbia in January 1997. He was hired by Mr. Holder, who was then the U.S. Attorney. Mr. Machen worked as an Assistant U.S. Attorney for the office for almost five years. In 2001, he entered private practice, where he handled white-collar criminal defense, corporate internal investigations, and civil litigation until 2010, when he became the 56th U.S. Attorney in the history of the District of Columbia. Upon resignation, he will be the longest-serving U.S. Attorney for the District of Columbia in over 35 years.
During Mr. Machen’s time as U.S. Attorney, the office secured convictions of terrorists and spies who threatened national security; prosecuted corrupt public officials; successfully convicted scores of violent offenders; and secured over $2 billion in financial recoveries for American taxpayers. Mr. Machen also championed a host of initiatives, including community outreach and youth engagement; a Cold Case Unit, to investigate and prosecute older homicide cases; a Conviction Integrity Unit, to investigate claims of actual innocence; and a Cyber Unit to prosecute high-tech crimes that threaten national security, intellectual property, and personal privacy.
National Security. Over the last five years, the office has secured convictions against dozens of defendants who harmed Americans and American interests, including 13 convictions in terrorism-related cases. The office has repeatedly been called on to handle some of the Justice Department’s most sensitive and significant cases, including the current prosecution of Ahmed Abu Khatallah for his alleged participation in the 2012 attack on U.S. facilities in Benghazi, Libya, which resulted in the deaths of four Americans.
During Mr. Machen’s tenure, the office successfully prosecuted a State Department official who carried out a 30-year conspiracy to provide secrets to Cuba, as well as a government scientist who tried to sell classified information to a purported Israeli intelligence officer. The office also secured guilty pleas from four members of a Mexican drug cartel that murdered a U.S. agent in 2011. In December 2012, the office successfully prosecuted a Chinese-owned nuclear construction company, marking the first time that a People’s Republic of China corporate entity had pled guilty in a U.S. criminal export matter. In October 2014, the office obtained guilty verdicts against four former Blackwater security guards involved in the mass killing of Iraqi civilians in Baghdad’s Nisur Square.
Following a special assignment from the Attorney General, Mr. Machen also led the investigation of the illegal disclosure of classified information relating to a terrorist plot by Al-Qaeda in the Arabian Peninsula to conduct a suicide attack on a U.S.-bound airliner. That investigation led to the successful prosecution of a former FBI analyst who received the longest prison sentence ever in a leak case in a federal court.
Public Corruption. U.S. Attorney Machen placed a high priority on investigating cases involving public corruption in both the federal and District of Columbia governments. Since 2010, the office has obtained trial convictions or guilty pleas from more than 160 defendants, making it a national leader.
During Mr. Machen’s tenure, the office secured felony guilty pleas from three sitting members of the District of Columbia Council – Harry L. Thomas Jr., Kwame Brown, and Michael A. Brown – in addition to Ted G. Loza, the Chief of Staff to a fourth member of the Council. Loza and Michael Brown were each convicted for taking cash payments from individuals seeking favorable treatment from the D.C. government. Thomas was convicted for stealing $350,000 in taxpayers’ money. Kwame Brown was convicted of bank fraud and became the first public official in D.C. history to plead guilty to a criminal campaign finance violation. Mr. Machen also led the ongoing investigation into a criminal conspiracy in the 2010 D.C. mayoral election. To date, that investigation has resulted in the felony convictions of six people associated with a 2010 mayoral campaign.
Mr. Machen also focused on corruption in the federal government. During his tenure, the office obtained convictions of 20 individuals and one company as part of an investigation into the largest domestic bribery and bid-rigging scheme in the history of federal contracting. That investigation led to the convictions of numerous corrupt public officials, executives of government contractors, and others who conspired to cheat taxpayers. The office also obtained the conviction of former Congressman Jesse L. Jackson, Jr. for conspiring to defraud his campaigns of almost $750,000 in funds that were used to pay for personal items and expenses. In addition, the office secured the conviction of former Congressman Trey Radel for cocaine possession.
Violent Crime. Over the past five years, working with the Metropolitan Police Department and other law enforcement agencies, the office has obtained convictions of over 375 murderers. The total includes five men who were found guilty by a jury of murder, conspiracy, and other charges stemming from a series of violent crimes that culminated on the night of March 30, 2010 with a deadly mass shooting on South Capitol Street. Targeting the area’s most violent offenders and networks of drug distributors, the office has obtained convictions of more than 75 members of over a dozen gangs and crews, including MS-13.
Under U.S. Attorney Machen’s leadership, the office launched a Cold Case Unit, comprised of a team of veteran prosecutors that works to investigate and prosecute older murder cases. Over the past several years, more than 20 people have been convicted in these older homicide cases, dating to the 1980s and 1990s. To assist with these and other cases, Mr. Machen appointed the office’s first Special Counsel for DNA and Forensic Litigation. In that role, an experienced prosecutor works full-time on forensic issues to ensure that the office makes use of all available technologies to solve murders and other crimes.
The office also has earned national recognition for its work with the FBI, MPD and other agencies in targeting cases involving child sex offenses and exploitation. Over 80 defendants have been convicted of such crimes over the past five years, including Eric Justin Toth, a former private school teacher and camp counselor, who was apprehended in Nicaragua in 2013 and is now serving 25 years in prison on child pornography and other charges.
Financial Recoveries. Under Mr. Machen’s leadership, the office has sharpened its focus on financial recoveries, generating nearly $2.5 billion for the federal government over the last five years through civil and criminal collections and asset forfeiture. For example, the office has obtained more than $1.5 billion in recoveries from European banks – including ABN Amro Bank, ING Bank N.V., Standard Chartered Bank, and Commerzbank AG – that have admitted moving money illegally through the U.S. financial system on behalf of sanctioned countries and entities. Reflecting the importance he places on this mission, Mr. Machen established an Asset Forfeiture and Money Laundering Section in 2010 within the office’s Criminal Division. Similarly, as the District of Columbia has seen a growing number of qui tam lawsuits filed under the False Claims Act, Mr. Machen doubled the number of civil attorneys dedicated to filing affirmative cases on behalf of the United States to recover from those who defraud the American taxpayer. Among other successes, those civil litigators obtained a $93 million settlement with a telecommunications company that overcharged the government. Many of the cases pursued during Mr. Machen’s tenure focused on fraud on federal health care programs, including the arrests of more than 20 individuals in the largest health care fraud takedown in the history of the District of Columbia and a $34 million civil and criminal settlement with an international pharmaceutical company for off-label marketing of one of its drugs.
Community Outreach. Within the community, U.S. Attorney Machen led an expansion of the office’s outreach efforts, sponsoring youth summits, neighborhood town halls, a clergy ambassador program, domestic and senior abuse seminars, and other events designed to build bonds of trust between citizens and law enforcement. The office has been hailed as a national leader for its robust and sustained efforts to engage at-risk youth, address the root causes of crime, and enlist faith and community leaders as allies in responding to public safety challenges. Mr. Machen also focused extensive resources on re-entry programs for returning offenders, seeking to connect them with housing, employment, and other services in order to reduce recidivism and allow them to begin contributing to the community.
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District Man Sentenced to 15 Years in PrisonRead the Press Release
District Man Sentenced to 15 Years in Prison
For Killing Man Following Brief Argument Over Beer
Shooting Took Place at Northwest Washington Park
WASHINGTON - James Johnson, 32, of Washington, D.C., has been sentenced to 15 years in prison for fatally shooting a man last year at a park in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced today.
Johnson pled guilty in November 2014, in the Superior Court of the District of Columbia, to voluntary manslaughter while armed for the death of Talbert Bright. The plea, which was contingent upon the Court’s approval, called for a prison term of 15 years. The Honorable John Ramsey Johnson accepted the plea on March 13, 2015, and sentenced Johnson accordingly. Upon completion of his prison term, Johnson is to be placed on five years of supervised release.
According to the government’s evidence, in the early morning hours of June 28, 2014, Johnson was in a small park in the 200 block of Massachusetts Avenue NW, drinking beer with other individuals who had come there for a social gathering. Johnson had a small cooler filled with several cans of beer. Mr. Bright, 48, who had been in the park earlier that evening but had left to go home, returned to the park at about 2:45 a.m.
Shortly after Mr. Bright arrived, he and Johnson engaged in a brief verbal argument over beer. Mr. Bright took sneakers out of his duffel bag to change into from the sandals he had on his feet. While Mr. Bright changed into his sneakers, Johnson reached into a black backpack and took out a .9 mm pistol, pointed the gun at Mr. Bright, and fired several times. Mr. Bright was hit three times, once in the center of his chest. He was transported to Washington Hospital Center, where he was pronounced dead shortly thereafter.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives of the Criminal Investigations Division, crime scene officers, and the First 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 Victim/Witness Advocate Jennifer Allen and Paralegal Specialist Lashone Samuels. Finally, he acknowledged the efforts of Assistant U.S. Attorney Richard DiZinno, who prosecuted the case.
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Omar Gonzalez Pleads Guilty to Federal Charges Stemming from Intrusion on White House Grounds Defendant Climbed Fence, Ignored Repeated Efforts to StopRead the Press Release
WASHINGTON – Omar Gonzalez, 43, pled guilty today to charges stemming from an incident on Sept. 19, 2014, in which he climbed a fence and ran toward and into the White House while armed with a folding knife, announced U.S. Attorney Ronald C. Machen Jr. and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office, U.S. Secret Service.
Gonzalez, 42, formerly of Copperas Cove, Texas, pled guilty in the U.S. District Court for the District of Columbia to two federal offenses: one count of unlawfully entering a restricted building or grounds, while carrying a deadly or dangerous weapon, and one count of assaulting, resisting, or impeding certain officers or employees. He is to be sentenced on June 8, 2015 by the Honorable Rosemary M. Collyer.
The unlawful entry charge carries a statutory maximum of 10 years in prison, and the assault charge carries a statutory maximum of eight years. Both charges also carry potential financial penalties. Under federal sentencing guidelines, the parties have agreed that the applicable range for the offenses is a prison term of twelve to 18 months and possible fines. Upon completion of his prison term, Gonzalez would be placed on supervised release. The parties have agreed to recommend to the Court that Gonzalez be prohibited from entering the District of Columbia for the duration of his supervision, except for court appearances and meetings with his attorney. The parties also will recommend that Gonzalez be required to participate in a psychiatric evaluation and cooperate fully with the Secret Service in any assessments they deem necessary to make of Gonzalez’s risk.
“We are pleased that Mr. Gonzalez has chosen to take responsibility for his incomprehensible decision to leap a fence and charge into the White House with a knife,” said U.S. Attorney Machen. “He is lucky to be alive. Mr. Gonzalez faces significant prison time because of his crime, and at sentencing we anticipate that he will barred from entering the District of Columbia and required to undergo psychiatric treatment. We hope that this prosecution deters others in the future from taking any actions that threaten the First Family, the White House, and the public servants who work there.”
According to the government’s evidence, on Sept. 19, 2014, at about 7:19 p.m., Gonzalez climbed over the north fence of the White House. While he was climbing over the fence, officers with the U.S. Secret Service’s Uniformed Division ran towards him and repeatedly yelled at him to stop and get down. Gonzalez, however, ignored the commands and landed on the north grounds of the White House.
Moments later, after ignoring additional, repeated commands from uniformed officers to stop, Gonzalez went through the north doors of the White House, knocking a uniformed officer backwards. Another uniformed officer then tackled him inside the White House.
Gonzalez was searched and a folding knife, with a serrated blade that was over three and one-half inches long, was discovered in his right front pants pocket. After his arrest, he gave oral consent to search his vehicle, located on Constitution Avenue NW. The vehicle contained hundreds of rounds of ammunition, in boxes and in magazines, two hatchets, and a machete.
Gonzalez has been in custody since his arrest on Sept. 19, 2014.
This case was investigated by the U.S. Secret Service and the U.S. Department of Homeland Security. It is being prosecuted by Assistant U.S. Attorneys David Mudd and Thomas A. Gillice, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia.
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Omar Gonzalez Pleads Guilty to Federal Charges Stemming from Intrusion on White House Grounds Defendant Climbed Fence, Ignored Repeated Efforts to StopRead the Press Release
WASHINGTON – Omar Gonzalez, 43, pled guilty today to charges stemming from an incident on Sept. 19, 2014, in which he climbed a fence and ran toward and into the White House while armed with a folding knife, announced U.S. Attorney Ronald C. Machen Jr. and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office, U.S. Secret Service.
Gonzalez, 42, formerly of Copperas Cove, Texas, pled guilty in the U.S. District Court for the District of Columbia to two federal offenses: one count of unlawfully entering a restricted building or grounds, while carrying a deadly or dangerous weapon, and one count of assaulting, resisting, or impeding certain officers or employees. He is to be sentenced on June 8, 2015 by the Honorable Rosemary M. Collyer.
The unlawful entry charge carries a statutory maximum of 10 years in prison, and the assault charge carries a statutory maximum of eight years. Both charges also carry potential financial penalties. Under federal sentencing guidelines, the parties have agreed that the applicable range for the offenses is a prison term of twelve to 18 months and possible fines. Upon completion of his prison term, Gonzalez would be placed on supervised release. The parties have agreed to recommend to the Court that Gonzalez be prohibited from entering the District of Columbia for the duration of his supervision, except for court appearances and meetings with his attorney. The parties also will recommend that Gonzalez be required to participate in a psychiatric evaluation and cooperate fully with the Secret Service in any assessments they deem necessary to make of Gonzalez’s risk.
“We are pleased that Mr. Gonzalez has chosen to take responsibility for his incomprehensible decision to leap a fence and charge into the White House with a knife,” said U.S. Attorney Machen. “He is lucky to be alive. Mr. Gonzalez faces significant prison time because of his crime, and at sentencing we anticipate that he will barred from entering the District of Columbia and required to undergo psychiatric treatment. We hope that this prosecution deters others in the future from taking any actions that threaten the First Family, the White House, and the public servants who work there.”
According to the government’s evidence, on Sept. 19, 2014, at about 7:19 p.m., Gonzalez climbed over the north fence of the White House. While he was climbing over the fence, officers with the U.S. Secret Service’s Uniformed Division ran towards him and repeatedly yelled at him to stop and get down. Gonzalez, however, ignored the commands and landed on the north grounds of the White House.
Moments later, after ignoring additional, repeated commands from uniformed officers to stop, Gonzalez went through the north doors of the White House, knocking a uniformed officer backwards. Another uniformed officer then tackled him inside the White House.
Gonzalez was searched and a folding knife, with a serrated blade that was over three and one-half inches long, was discovered in his right front pants pocket. After his arrest, he gave oral consent to search his vehicle, located on Constitution Avenue NW. The vehicle contained hundreds of rounds of ammunition, in boxes and in magazines, two hatchets, and a machete.
Gonzalez has been in custody since his arrest on Sept. 19, 2014.
This case was investigated by the U.S. Secret Service and the U.S. Department of Homeland Security. It is being prosecuted by Assistant U.S. Attorneys David Mudd and Thomas A. Gillice, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia.
Owner of Virginia-Based Company Sentenced for Providing Gratuities to Federal Contracting Official Company Earlier Agreed to Pay $300,000 Criminal Penalty for Its ConductRead the Press Release
WASHINGTON – Harry I. Martin, Jr., the owner, president, and chief executive officer of a Virginia-based information technology company, Intelligent Decisions, Inc., was sentenced today to six months home confinement and a $250,000 fine on a federal charge stemming from illegal gratuities that he and his company provided to a former contracting official with the U.S. Department of the Army in return for preferential treatment and government contracts.
The sentencing was announced today by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI); Peggy E. Gustafson, Inspector General of the U.S. Small Business Administration (SBA-OIG); Robert E. Craig, Jr., Special Agent in Charge of the Mid-Atlantic 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).
Martin, 56, of Great Falls, Virginia, entered the guilty plea in November 2014. He was sentenced by the Honorable Emmet G. Sullivan. Martin received a sentence of three years’ probation, with the first six months in home confinement, a fine of $250,000, and 500 hours of community service.
In a related action, the company, Intelligent Decisions, Inc., agreed in October 2014 to pay a $300,000 criminal penalty for its conduct. The company was charged in criminal information with one count of paying a gratuity to a public official. Intelligent Decisions, Inc. agreed to the filing of the information, and is to make the payment and strengthen its internal controls as part of a deferred prosecution agreement with the government. In light of that payment, and the company’s willingness to acknowledge responsibility for its actions, the U.S. Attorney’s Office for the District of Columbia will recommend the dismissal of the information in October 2016, provided the company fully cooperates and abides by the agreement.
Martin is among 20 individuals to plead guilty in an investigation into domestic bribery, bid-rigging, and federal contracting. His business colleague, Chae Shim, the former Director of Acquisition Accounts, Asia/Pacific, for Intelligent Decisions, pled guilty to the same federal charge as Martin stemming from gratuities that Shim and others at Intelligent Decisions, including Martin, provided to the former Army contracting official in return for preferential treatment and government contracts. Shim, 48, of Reston, Va., is awaiting sentencing.
In addition to those individuals, one corporation, Nova Datacom, LLC, pled guilty to federal charges. Also, a South Korean-based corporation, Saena Tech Corporation, has entered into a deferred prosecution agreement and agreed to pay a $500,000 criminal penalty as part of the investigation.
In the overall investigation to date, the United States has recovered approximately $28 million through the forfeiture of approximately 40 bank accounts and financial instruments, jewelry, 19 real properties, nine cars; civil settlements; and monetary penalties.
The guilty plea and deferred prosecution agreement involve gratuities provided to In Seon Lim, a former contracting official for the U.S. Department of the Army. Lim pled guilty in July 2014, in the U.S. District Court for the Eastern District of Virginia, to federal charges stemming from a scheme in which he accepted over $490,000 worth of benefits, including cash payments and vacations, from favored contractors, including Intelligent Decisions, Inc. In return, he helped these businesses obtain millions of dollars in federal contracts and subcontracts. Lim, 48, who pled guilty to bribery and two other federal offenses, was sentenced on Oct. 24, 2014 to a four-year prison term.
According to the government’s evidence, Martin, Shim, and the company provided Lim with thousands of dollars in meals, drinks, entertainment, golf outings, and golf equipment, in return for preferential treatment and the direction of Army subcontracts to the firm.
All told, Intelligent Decisions spent over $8,000 on a variety of expenses, including dinners, golf outings, and other events attended by Lim, who was joined by company officials and others, while one of its former employees agreed to pay for a Lexus ES350 automobile worth over $30,000 for Lim.
At the time of this conduct, Lim was an assistant project manager and product director with the Program Executive Office Enterprise Information Systems, a part of the Army that provides infrastructure and informational management systems. Working in South Korea, Lim’s primary duties were to oversee and implement communications systems upgrades for the U.S. forces there, which included approximately 10 communications centers and various other special projects at military sites throughout the country. Among other things, Lim coordinated work on a major contract, which, in turn, had numerous sub-contracts.
According to the government’s evidence, prior to the awarding of the sub-contracts, Martin and Shim traveled to South Korea in January 2009 to meet with Lim. They provided him with a dinner, drinks, and entertainment. They followed up on the meeting with e-mails expressing their desire for Intelligent Decisions, Inc., to work with him.
Later in January 2009, with Lim’s assistance, the company was awarded two subcontracts. One had an initial value of $525,000, and the other had a value of $67,294.
Over the ensuing months, Martin, Shim, and the company provided Lim with additional meals, entertainment, golf outings, and other benefits. Meanwhile, modifications were made to the sub-contracts increasing their value. The lengths of the two sub-contracts were expanded, along with their value. The $525,000 contract eventually climbed to a value of $3.2 million, and the $67,294 contract later became worth $1.3 million.
This investigation is being conducted by the FBI’s Washington Field Office; the Washington Field Office of the Internal Revenue Service-Criminal Investigation; the Inspector General’s Office of the U.S. Small Business Administration; the Department of Defense’s Defense Criminal Investigative Service; the Defense Contract Audit Agency, and the Army Criminal Investigation Command. It is being prosecuted by Assistant U.S. Attorneys Michael K. Atkinson and Anthony Saler of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia.
15-044
District Man Sentenced to 80 Years in Prison for 2013 Murders of Siblings in Northeast Washington -Sister Died While Trying to Shield Her Younger Brother from Gunfire-Read the Press Release
WASHINGTON – Kevin Walker, 39, of Washington, D.C., was sentenced today to 80 years in prison for killing two people – a sister and her brother - in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Walker was found guilty by a jury in December 2014 of two counts of first-degree murder while armed and two related firearms offenses. The verdicts followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Russell F. Canan.
According to the government’s evidence, on July 20, 2013, at about 4:30 a.m., Walker killed Jamie Jenkins, 28, and her brother, Jamahl Jenkins, 21, in the 5300 block of East Capitol Street NE. Before the shootings, Jamie Jenkins had been involved in a fight with Walker’s girlfriend. Jamahl Jenkins was present, but not involved. After the fight broke up, the siblings left the area, but they came back a few minutes later to look for Jamie Jenkins’s lost cell phone.
Walker then came outside with a gun and approached the pair. Eyewitnesses screamed at Walker that the fight was over, and that it wasn’t serious. However, words were exchanged, and Walker then fired his gun. According to the government’s evidence, Jamie Jenkins was fatally shot when she jumped in front of the first bullet intended for her brother. Walker then followed Jamahl Jenkins and shot him six times in the back as he tried to run away.
After the shooting, Walker fled to North Carolina, where he was apprehended by the U.S. Marshals Service in September 2013.
In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department, which investigated the case. He also expressed appreciation for the assistance provided by the District of Columbia’s Office of the Chief Medical Examiner, the District of Columbia Department of Forensic Services, and the U.S. Marshals Service. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialists Anisha Bhatia and Leif Hickling; Victim/Witness Advocate Marcia Rinker; Investigative Analyst Zachary McMenamin; and Paralegal Specialists Kwasi Fields and Kendra Johnson. Finally, he commended the work of Assistant U.S. Attorneys Magdalena Acevedo and Demian S. Ahn, who investigated and prosecuted the case.
15-043
COMMERZBANK AG ADMITS TO SANCTIONS AND BANK SECRECY VIOLATIONS, AGREES TO FORFEIT $563 MILLION AND PAY $79 MILLION FINE Combined with Payments to Regulators, Commerzbank to Pay $1.45 BillionRead the Press Release
WASHINGTON – Commerzbank AG, a global financial institution headquartered in Frankfurt, and its U.S. branch, Commerzbank AG New York Branch (Commerz New York), have agreed to forfeit $563 million, pay a $79 million fine and enter into a deferred prosecution agreement with the Justice Department for violations of the International Emergency Economic Powers Act (IEEPA) and the Bank Secrecy Act (BSA). The bank has also entered into settlement agreements with the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Board of Governors of the Federal Reserve System.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Ronald C. Machen Jr. of the District of Columbia, U.S. Attorney Preet Bharara of the Southern District of New York, Assistant Director in Charge Diego Rodriguez of the FBI’s New York Field Office, Chief Richard Weber of the Internal Revenue Service Criminal Investigation (IRS-CI) and District Attorney Cyrus R. Vance Jr. of New York County made the announcement.
In entering the deferred prosecution agreement, Commerzbank admitted and accepted responsibility for its criminal conduct in violation of IEEPA and the BSA, and Commerz New York admitted its criminal conduct in violation of the BSA. Commerzbank further agreed to pay $263 million in forfeiture and a fine of $79 million for the IEEPA violations, and to pay $300 million in forfeiture in connection with the BSA violations, which will be remitted to the victims of a multi-billion dollar securities fraud scheme that was permitted to operate through Commerzbank. Commerzbank also agreed to implement rigorous internal controls and to cooperate fully with the Justice Department, including by reporting any criminal conduct by an employee.
A four-count felony criminal information was filed today in the District of Columbia charging Commerzbank and Commerz New York with knowingly and willfully conspiring to commit violations of IEEPA and three violations of the BSA for willfully failing to have an effective anti-money laundering (AML) program, willfully failing to conduct due diligence on its foreign correspondent accounts, and willfully failing to file suspicious activity reports. Assuming the bank’s continued compliance with the deferred prosecution agreement, the government has agreed to defer prosecution for a period of three years, after which time, the government would seek to dismiss the charges.
The New York County District Attorney’s Office is also announcing today that Commerzbank has entered into a deferred prosecution agreement, and in the corresponding factual statement, Commerzbank admitted that it violated New York State law by falsifying the records of New York financial institutions. In addition, the Board of Governors of the Federal Reserve System is announcing that Commerzbank has agreed to a cease and desist order, to take certain remedial steps to ensure its compliance with U.S. law in its ongoing operations and to pay a civil monetary penalty of $200 million. The New York State Department of Financial Services (DFS) is announcing Commerzbank has agreed to, among other things, pay a monetary penalty to DFS of $610 million. The OFAC has also levied a fine of $258.6 million, which will be satisfied by payments made to the Justice Department. In total, Commerzbank will pay a total of $1.45 billion in penalties.
“Commerzbank concealed hundreds of millions of dollars in transactions prohibited by U.S. sanctions laws on behalf of Iranian and Sudanese businesses,” said Assistant Attorney General Caldwell. “Commerzbank committed these crimes even though managers inside the bank raised red flags about its sanctions-violating practices. Financial institutions must heed this message: banks that operate in the United States must comply with our laws, and banks that ignore the warnings of those charged with compliance will pay a very steep price.”
“Sanctions laws are designed to protect the national security of the United States and promote our foreign policy interests,” said U.S. Attorney Machen. “Commerzbank undermined the integrity of our financial system and threatened our national security by hiding the business they were doing with entities in Iran and Sudan. The bank tried to skirt our laws by hiding its illegal business with Iranian banks from its own employees in the United States. Today’s resolution demonstrates that there will be consequences when global banks try to profit from the benefits of the U.S. financial system without respecting our laws.”
Manhattan U.S. Attorney Preet Bharara said: “Today, Commerzbank stands charged with Bank Secrecy Act criminal offenses for its acute, institutional anti-money laundering deficiencies that allowed over a billion dollars of the Olympus fraud to flow through its New York office. These criminal charges follow a multi-year investigation and a guilty plea by a former Commerzbank Singapore employee who helped set up the structure that allowed for the Olympus fraud. Institutions, not just individuals, have an obligation to follow the law, and anti-money laundering laws in particular are critical for financial institutions to follow. With today’s resolution, the bank, as part of a deferred prosecution agreement, has accepted responsibility in a detailed statement of facts, agreed to continue reforming its anti-money laundering practices, and will pay $300 million that will go to victims of the Olympus fraud.”
“Today’s deferred prosecution agreement is a significant milestone – on an international stage – that reaffirms our clear message to other global financial institutions,” said IRS-CI Chief Weber. “IRS-CI’s work in this investigation – as well as the prior sanction cases – has resulted in fundamental changes in the way banks operate worldwide. IRS-CI and our partners will continue to hold financial institutions accountable for international criminal violations.”
“We have sanctions in place to prevent rogue nations and terrorists from accessing the U.S. financial system. In order to have teeth, sanctions need to be enforced and Manhattan financial institutions need to be protected from being unwittingly used by bad actors,” said Manhattan District Attorney Vance. “Over the course of eight settlements, my Office and our partners have sent a strong message of enforcement that has led to the transformation of compliance in this area.”
IEEPA Violations
According to admissions contained in the deferred prosecution agreement, from 2002 to 2008, Commerzbank knowingly and willfully moved $263 million through the U.S. financial system on behalf of Iranian and Sudanese entities subject to U.S. economic sanctions. Commerzbank engaged in this criminal conduct using numerous schemes designed to conceal the true nature of the illicit transactions from U.S. regulators.
For example, in the deferred prosecution agreement, Commerzbank acknowledged that it used non-transparent payment messages, known as cover payments, to conceal the involvement of sanctioned entities, and also removed information identifying sanctioned entities from payment messages, in transactions processed through Commerz New York and other financial institutions in the United States. Specifically, in 2003, Commerzbank designated a group of employees in the Frankfurt back office to review and amend Iranian payments so that the payments would not be stopped by U.S. sanctions filters. In doing so, Commerzbank ensured that Iranian payment messages did not mention the Iranian entity, as transactions may have otherwise been stopped pursuant to the U.S. sanctions.
Commerzbank admitted that it hid these practices from Commerz New York. For example, in 2003, when two state-owned Iranian banks wanted to begin routing their U.S. dollar clearing business through Commerzbank, a Commerzbank back office employee emailed other Commerzbank employees directing: “If for whatever reason CB New York inquires why our turnover has increase[d] so dramatically, under no circumstances may anyone mention that there is a connection to the clearing of Iranian banks!!!!!!!!!!!!!.”
Commerzbank admitted that this conduct continued even though its senior management was warned that the bank’s practices for Iranian clients “raised concerns.” For example, in October 2003, the head of Commerzbank’s internal audit division stated in an email to a member of Commerzbank’s senior management that Iranian bank names in payment messages going to the United States were being “neutralized” and warned: “it raises concerns if we consciously reference the suppression of the ordering party in our work procedures in order to avoid difficulties in the processing of payments with the U.S.A.”
In another scheme designed to avoid U.S. sanctions, Commerzbank admitted that, in 2004, it agreed with an Iranian bank client that, rather than sending direct wire payments to the United States, the Iranian bank would pay U.S. beneficiaries with Commerzbank-issued checks listing only the Iranian bank’s account number and address in London with no mention of the Iranian bank’s name.
Additionally, Commerzbank admitted that in 2005, it created a “safe payment solution” for an Iranian shipping company client, which allowed the client to conduct transactions using the U.S. financial system. The safe payment solution involved routing payments through special purpose entities controlled by the Iranian company, which were incorporated outside of Iran and bore no obvious connection to the Iranian client. Commerzbank and its client switched use of such special purpose entities when Commerz New York’s sanctions compliance filters were updated to detect the use of a particular special purpose entity. Commerzbank continued to process payments on behalf the Iranian client even after the client had been designated by OFAC as an entity subject to U.S. sanctions for its involvement in weapons of mass destruction proliferation.
In addition, Commerzbank admitted that, from 2002 to 2007, it provided Sudanese sanctioned entities with access to the U.S. financial system by engaging in similar schemes to remove reference to Sudanese companies from the transaction records.
Olympus Accounting Fraud
Since 2008, and continuing until at least in or about 2013, Commerz New York violated the BSA and its implementing regulations. Specifically, Commerz New York failed to maintain adequate policies, procedures, and practices to ensure its compliance with United States law, including its obligation to detect and report suspicious activity. As a result of the willful failure of Commerz New York to comply with United States law, a multi-billion dollar securities fraud was operated through Commerzbank and Commerz New York.
Olympus was a Japanese-based manufacturer of medical devices and cameras. Its common stock is listed on the Tokyo Stock Exchange, and its American Depository Receipts trade in the United States. From at least the late 1990s through 2011, Olympus perpetrated a massive accounting fraud designed to conceal from its auditors and investors hundreds of millions of dollars in losses. In September 2012, Olympus and three of its senior executives pleaded guilty in Japan to inflating the company’s net worth by approximately $1.7 billion.
Olympus used Commerzbank and Commerz New York to perpetrate its fraud. Commerzbank, through its branch and affiliates in Singapore, both loaned money to off-balance-sheet entities created by or for Olympus to perpetrate its fraud, and transacted more than $1.6 billion through Commerz New York in furtherance of the fraud.
Commerzbank and Commerz New York were used in furtherance of the Olympus fraud during two different time periods. From approximately 1999 through 2000, Olympus perpetrated its fraud primarily through Commerzbank and its Singapore branch and affiliates. Among other things, Olympus used special purpose vehicles to facilitate the fraud, some of which were created by Commerzbank – including several executives based in Singapore – at Olympus’s direction, using funding from Commerzbank. One of those Singapore-based executives, Chan Ming Fon, was involved in creating the Olympus structure in 1999 while at Commerzbank (Southeast Asia) Ltd., and later managed an Olympus-related entity in 2005-2010 on behalf of which he submitted false confirmations to Olympus’s auditors. In September 2013, Chan pleaded guilty in Manhattan federal court to conspiracy to commit wire fraud.
From 1999 through 2000, Olympus executives asked Commerzbank executives to provide certain false documents to Olympus’s auditors, which would have failed to disclose that certain Olympus assets were pledged as collateral for loans from a Commerzbank affiliate. Commerzbank obtained a legal opinion, which, in the words of one Commerzbank executive written to an Olympus executive, “ma[de] clear that our bank could be subject to both civil and criminal penalties if we are seen to be assisting or facilitating you in the non-disclosure.” Although Commerzbank ultimately declined to provide the false documents, its executives suggested a variety of ways in which Olympus could nonetheless fail to disclose the pledge.
In 2000, Olympus took its business away from Commerzbank to another bank. In 2005, however, Olympus – and its fraud – returned to Commerzbank. From that point until at least 2010, Commerzbank executives expressed strong suspicions about the Olympus transactions and structure. One senior executive worried that Olympus would have to “write off [the] full amount” of the relevant transactions, and wondered about the effects on Commerzbank if “any negative news is splash[ed] on the front page.” A senior legal and compliance officer responsible for Commerzbank’s Singapore branch and affiliates wrote at the time that he was “concerned” about fraud, asset stripping, market manipulation and tax offenses, and that “[i]f the [Olympus] structure and transactions can not [be] explained we must file Suspicious Transaction report as a matter of law and [Commerzbank] policy.” Another senior compliance officer – who would later become head of compliance at Commerz New York – internally reported that a senior Singapore-based executive at Commerzbank had stated that “he did not typically ask questions of clients as he felt he was at less risk by not knowing.” The compliance officer responded by “repeat[ing] that it is unacceptable for senior managers to turn blind eyes or otherwise remain ignorant.”
In March 2010, two wire transfers in the amounts of approximately $455 million and $67 million, respectively, related to the Olympus scheme were processed by Commerz New York through the correspondent account for the Singapore branch of Commerzbank. Those wires caused Commerz New York’s automated AML monitoring software to “alert.”
At the time, Commerz New York had conducted no due diligence on the Singapore branch and affiliates of Commerzbank, consistent with Commerzbank’s policy of not conducting due diligence on its own branches and affiliates. In response to the alerts, however, Commerz New York sent a request for information to Commerz Frankfurt and Commerzbank’s Singapore branch, inquiring about the transactions. The Singapore branch responded in a brief e-mail, dated April 20, 2010, referring to the Olympus-related entities involved in the wires:
GPA Investments Ltd. ist [sic] a Caymen Islands SPV, Creative Dragons SPC-Sub Fund E is a CITS administered fund both of which are part of an SPC structure to manage securities investments for an FATF country based MNC.
According to the Relationship Manager the payment reflects the proceeds from such securities investments to be reinvested.
Commerzbank’s Singapore branch did not relay any of the concerns about the Olympus-sponsored structures and transactions.
Based on its response, Commerz New York closed the alert without taking any further action other than to note that in March 2010 alone, GPA Investments had been involved in six transactions through Commerz New York totalling more than $522 million. In fact, between 1999 and 2010, a total of more than $1.6 billion in furtherance of the Olympus fraud was cleared through Commerz New York. Commerz New York failed to file a SAR in the United States concerning Olympus or any of the Olympus-related entities until November 2013 – more than two years after the Olympus accounting fraud was revealed.
The same individual served as Commerz New York’s designated BSA Officer continuously from approximately 1996 or 1997 until early 2014. Over those years, she raised concerns about AML compliance, both to her superiors at Commerz New York, and with Commerz Frankfurt.
Under the BSA, a financial institution is required to detect and report suspicious activity. This is accomplished, in part, through conducting due diligence, and enhanced due diligence where appropriate, of the correspondent relationship – which Commerz New York failed to do – and by sending requests for further information to the correspondent bank when potentially suspicious transactions are detected. Commerz New York frequently had difficulties getting responses to requests for information generated in connection with automated transaction monitoring “alerts.” Because requests for information went unanswered for as much as eight months without SARs being filed, alerts were often closed without any response to the pending request. As a result of these deficiencies, Commerz New York cleared numerous AML “alerts” based on its own perfunctory internet searches and searches of public source databases but without ever receiving responses to its requests for information.
On June 24, 2010, a Commerz New York -based compliance officer who had primary responsibility for automated transaction monitoring wrote in an e‑mail to the BSA Officer and the Head of Compliance in New York (who had previously served as the Head of Compliance in Asia) that “we currently have 90 alerts a day,” with “808 alerts outstanding,” which “could lead to a possible back log.” He continued, “I also wanted to make you aware that we have currently over 130 Frankfurt RFIs [i.e., requests for information] outstanding,” noting “a decrease in response to the RFIs” from Frankfurt. The following day, the Head of Compliance in New York forwarded the e‑mail to Commerz’s Global Head of Compliance, adding that “things are not getting better with regards to th[ose] findings. (see below). I will forward you the DRAFT memo on potential revision of staffing needs.” Although the Global Head of Compliance thereafter instituted new procedures designed to increase the speed of responses to RFIs from New York, problems persisted with the timely flow of information from business units outside the U.S. to compliance officers in New York.
Commerzbank and Commerz New York also failed to conduct adequate due diligence or to obtain “know your customer” information with respect to correspondent bank accounts for Commerzbank’s own foreign branches and affiliates. These systemic deficiencies reflected a failure to maintain adequate policies, procedures, and controls to ensure compliance with the BSA and regulations prescribed thereunder and to guard against money laundering.
This case was investigated by the IRS-Criminal Investigation’s Washington D.C. Field Division and FBI’s New York Field Office. This case is being prosecuted by Trial Attorney Sarah Devlin of the Criminal Division’s Asset Forfeiture and Money Laundering Section, Assistant U.S. Attorneys Matt Graves, Maia Miller and Zia Faruqui of the District of Columbia, and Assistant U.S. Attorney Bonnie Jonas of the Southern District of New York.
The New York County District Attorney’s Office also conducted its own investigation in conjunction with the Justice Department. The Federal Reserve Bank of New York, DFS and OFAC provided substantial assistance with this investigation.
15-042
Maryland Man Sentenced to 56 Months in Prison for Assaulting Transgender Girl on Metrorail Train Defendant Threatened, Harassed and Stabbed 15-Year-Old VictimRead the Press Release
WASHINGTON – Reginald Klaiber, 25, of Greenbelt, Md., was sentenced today to 56 months in prison for stabbing a transgender girl while she was on board a Metrorail train, U.S. Attorney Ronald C. Machen Jr. announced.
Klaiber, also known as Reginald Kaliber, pled guilty in January 2015, in the Superior Court of the District of Columbia, to a charge of assault with a dangerous weapon, with a hate crime enhancement. He was sentenced by the Honorable Juliet McKenna, who described the assault as “brutal.”
“Hate crimes against transgender people occur with troubling frequency and demand a forceful response,” said U.S. Attorney Machen. “Reginald Klaiber stabbed a 15-year-old girl on the Metro solely because of who she is. This prison sentence should make clear that we will not tolerate hate-fueled violence in the District of Columbia.”
According to the government’s evidence, Klaiber confronted the 15-year-old victim on July 30, 2014, at about 4:30 p.m., while both were on a Green Line train approaching the Fort Totten Metro station in Northeast Washington. The victim, who was dressed in women’s clothing, was with two of her friends on the train. Klaiber attempted to engage her in conversation and she asked him to leave her alone. Klaiber began harassing her, saying, among other things, “Are you a boy, you are a boy, right?” and “Why you be looking like a woman?”
The victim again asked Klaiber to leave her alone and to get away. As the train pulled into the Fort Totten station, she stood up. Klaiber stood up as well, pulled out a knife, grabbed the victim in a bear hug and stabbed her in the back. One of the victim’s friends sprayed Klaiber in the face with Mace or pepper spray. Klaiber released the victim, and she and her friends fled through interior train doors into a different Metro car. Klaiber continued to follow them until the exterior doors opened. The victim and her friends then ran into the Metro station, with Klaiber making threatening and harassing statements as he kept following them.
One of the friends pointed out the defendant to Metro Transit Police officers, who apprehended him just outside the station. Police recovered a black folding knife with a three-inch, partially serrated blade in a search of the defendant.
The victim, who later identified Klaiber as her assailant, required medical treatment for her injuries.
Klaiber has been in custody since his arrest.
When he committed the crime, Klaiber was on probation in two other Superior Court cases before the Honorable Patricia A. Broderick for attempted robbery and possession of a prohibited weapon, a knife. As a result of the defendant’s plea in this case, Judge Broderick revoked Klaiber’s probation and sentenced him to 20 months on the attempted robbery charge and five months on the weapon charge. Those sentences will run consecutive to the sentences in the new case. In total, Klaiber was sentenced to nearly seven years in prison.
In announcing the sentence, U.S. Attorney Machen commended the work of the Metro Transit Police. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Supervisory Victim/Witness Advocate Jennifer Clark and Assistant U.S. Attorney Christopher Bruckmann, who prosecuted the case.
15-041
Nevada Man Sentenced to 8 Years in Prison for Threatening to Kill a Federal Law Enforcement Officer -Defendant Previously Was Convicted of Similar Crime-Read the Press Release
WASHINGTON –Jeffrey Henry Williamson, 49, of Las Vegas, Nev., was sentenced today to 8 years in prison for making threats against a federal law enforcement officer, U.S. Attorney Ronald C. Machen Jr. and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, announced.
Williamson was found guilty of the charge by a jury in December 2014, following a trial in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Rosemary M. Collyer. Upon completion of his prison term, Williamson will be placed on three years of supervised release.
According to the government’s evidence, Williamson called the 911 Office of Unified Communications, in Washington, D.C., on June 19, 2014, and during an approximately 4 ½-minute recorded call, threatened to kill an FBI Special Agent who works in Denver. The evidence presented at trial established that Williamson made the threats in retaliation for an investigation of the defendant that the agent conducted in 2005 and 2006. That investigation involved harassing and threatening phone calls that Williamson was making to the Denver FBI field office and federal judges in Denver.
In 2008, Williamson was prosecuted in the Southern District of Texas for making threatening communications there. He was found guilty following a trial and sentenced to 42 months in prison, to be followed by three years of supervised release. However, Williamson kept up a pattern of harassing communications directed at federal officials. He completed his sentence and was released, but the Court revoked his supervised release. He then completed his second period of incarceration on Nov. 29, 2013. He arrived in Washington, D.C., in May 2014.
In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge McCabe commended those who investigated the case from the FBI’s Violent Crimes Task Force and the U.S. Marshals Service. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialist Leif Hickling; Criminal Investigators Zachary McMenamin and Durand Odom; Paralegal Specialists Jessica Moffatt and Michelle Holland, and Legal Assistant Donice Adams. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Frederick Yette, who prosecuted the case.
15-040
Former D.C. Government Employee Pleads Guilty to Using Government-Issued Credit Card for Personal Purposes Admits Making over 200 Purchases of Gasoline for Personal Vehicle, Totaling over $11,000Read the Press Release
WASHINGTON – Kimberley Pinkney, a former inspector with the District of Columbia Department of Fire and Emergency Medical Services (DCFEMS), pled guilty today to using her government-issued credit card to purchase over $11,000 in gasoline for her personal vehicle, announced U.S. Attorney Ronald C. Machen Jr. and Robert C. Erickson, Deputy Inspector General of the U.S. General Services Administration (GSA).
Pinkney, 45, of Washington, D.C., pled guilty in the Superior Court of the District of Columbia to a charge of second-degree felony fraud. The Honorable Juliet McKenna scheduled sentencing for May 5, 2015. The charge carries a statutory maximum of three years in prison and potential financial penalties. The plea agreement calls for Pinkney to make full restitution.
Pinkney was arrested in January 2015, following an investigation by the Office of the Inspector General for the U.S. General Services Administration (GSA). She has since resigned from the D.C. Department of Fire and Emergency Medical Services.“This D.C. employee ripped off $11,000 from the taxpayer, one tank of gas at a time,” said U.S. Attorney Machen. “A government job is an opportunity to serve the public, not to rob them blind. I want to thank the agents who dug through the financial records to uncover this fraud.”
“I appreciate the hard work of our special agents on this case,” said Deputy Inspector General Erickson. “People cannot steal from American taxpayers and expect to get away with it.”According to a proffer of facts submitted at today’s plea hearing, GSA administers the leases of over 150,000 government vehicles, including 41 to DCFEMS. Each vehicle is assigned a credit card to be used to purchase fuel and pay for other normal vehicle-related expenses, such as car washes and routine maintenance. Charges incurred on the cards are paid with federal funds by GSA. Pinkney was provided with such a credit card for the vehicle she used as an inspector with DCFEMS. Her conduct came to light in the fall of 2014 during a proactive review of purchases associated with the government credit cards. Investigators flagged suspicious activity, such as multiple same-day purchases of gasoline and purchases of more fuel than the vehicle’s tank capacity. A majority of these purchases were made in Southeast Washington.
All told, the investigation revealed that, during the time period of July 7, 2011 through Dec. 10, 2014, Pinkney purchased gasoline at three Southeast Washington gas stations on more than 200 occasions for charging totaling $11,334 for her own personal purposes.
In announcing the plea, U.S. Attorney Machen and Deputy Inspector General Erickson commended those who investigated the case, including the team led by Special Agent in Charge Gerald Garren. They also expressed appreciation for the assistance provided by the Internal Affairs Unit and the command staff of the D.C. Department of Fire and Emergency Medical Services. Finally, they acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kristy Penny and Assistant U.S. Attorney Stephanie G. Miller, who is prosecuting the case.
15-039
District Man Sentenced to 7 ½ Years in Prison for String of Armed Robberies in Northwest Washington Defendant Committed Crimes While on Supervised Release from Earlier ConvictionRead the Press Release
WASHINGTON – Diamond Cooper, 35, of Washington, D.C., was sentenced today to a 7 ½-year prison term for a series of armed robberies, carried out while he was on supervised release for a prior conviction, U.S. Attorney Ronald C. Machen Jr. announced.
Cooper pled guilty in December 2014, in the Superior Court of the District of Columbia, to one count of armed robbery, one count of attempted robbery, and one count of second-degree theft. He was sentenced by the Honorable John McCabe. Upon completion of his prison term, Cooper will be placed on five years of supervised release.
According to the government’s evidence, Cooper committed three separate armed robberies in Northwest Washington within a 24-hour period. Beginning on the evening of Sept. 5, 2014, he stole a victim’s iPhone and cash in the 1700 block of Swann Street NW. At gunpoint, the victim was forced to stay on the ground and count while Cooper fled the scene. Then, less than 24 hours later, Cooper committed similar armed robberies in the 1400 block of R Street NW and the 1400 block of Florida Street NW. In both robberies, Cooper instructed the victims at gunpoint to lay on the ground and count or they would be shot.
After the last robbery, members of the Metropolitan Police Department (MPD) tracked a stolen iPhone to Cooper’s location, where he was in possession of a BB gun and one of the victim’s iPhones. Cooper was arrested on Sept. 6, 2014.
At the time of his arrest, Cooper was on supervised release following his conviction in 2006 on drug offenses.
In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department’s Third District. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Allison Daniels and Assistant U.S. Attorney Christopher Macchiaroli, of the Felony Major Crimes Trial Section, who prosecuted the matter.
15-037
District Man Sentenced to 22 Years in Prison for Killing Man Outside Barber Shop Murder Was Among a Series of Violent Crimes Committed by DefendantRead the Press Release
WASHINGTON - Christopher Holmes, 23, of Washington, D.C., was sentenced today to 22 years in prison for killing a man in 2008 after a confrontation at a Southeast Washington barber shop, U.S. Attorney Ronald C. Machen Jr. announced.
Holmes was found guilty by a jury last month of second-degree murder while armed and possession of a firearm during a crime of violence. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Rhonda Reid Winston. Following his prison term, Holmes will be placed on five years of supervised release.
According to the government’s evidence at trial, on the afternoon of Oct. 29, 2008, Holmes walked into the Classic Kutz barbershop, located in the 3200 block of 22nd Street SE. The barber shop was crowded that day, with children getting their hair cut, adults waiting for a trim, the barbers, and people like David Tucker, who were merely hanging around.
Mr. Tucker, 37, made a comment to Holmes to the effect of, “There’s no one in here for you to rob,” which appeared to be a reference to the fact that Holmes had robbed Mr. Tucker’s childhood friend a few weeks earlier. The argument spilled out into the street, where Holmes pulled out a .40-caliber semi-automatic pistol and pointed it at Mr. Tucker. Mr. Tucker said to Holmes, “What are you going to do? Shoot me in broad daylight?” Holmes then shot Mr. Tucker once in the chest. Mr. Tucker staggered back into the barber shop and collapsed. He died a few moments later. Holmes, meanwhile, fled the scene.
The murder was among a series of crimes committed by Holmes during a 30-day period. Five days before he killed Mr. Tucker, he committed an armed carjacking. A few weeks later, he shot and wounded another man. Holmes, whose nickname was “Barbeast,” earlier was convicted in both of those cases and is serving prison time for those offenses.
In announcing the sentence, U.S. Attorney Machen praised the work of the detectives and officers who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegal Specialist Mia Beamon, Litigation Technology Specialist Leif Hickling, and Victim/Witness Advocates Michael Hailey and Marcia Rinker. Finally, he commended former Assistant U.S. Attorney Jonathan Kravis and Department of Justice Trial Attorney Edward Sullivan, who prosecuted the case, and former Assistant U.S. Attorneys Melinda Williams and Amanda Haines, who investigated the case.
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Virginia Man Sentenced to 54 Months in Prison for Possession of Child Pornography and Traveling to Engage in Illicit Sexual Conduct with a MinorRead the Press Release
WASHINGTON – Ryan Chord, 35, of Virginia Beach, Va., was sentenced today to 54 months in prison on federal charges of traveling interstate to engage in illicit sexual conduct with a minor and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Chord pled guilty in November 2014 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Christopher R. Cooper. Upon completion of his prison term, Chord will be placed on 10 years of supervised release. He also will be required to register as a sex offender for at least 15 years.
According to the government's evidence, on Feb. 21, 2014, Chord contacted an undercover officer with the FBI's Child Exploitation Task Force, through a social network site. Over the next few days, Chord engaged in instant messaging with the undercover officer, whom he believed was the father of an under-aged girl. During this period, Chord arranged with the undercover officer to meet for the purpose of engaging in sexual acts with that child.
During the course of their communications, Chord also sent the undercover officer approximately 17 images of child pornography. On March 7, 2014, Chord traveled from Virginia Beach to a pre-arranged meeting place in Washington, D.C. When he arrived at the meeting place, he was arrested.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier 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 Ari Redbord, who prosecuted the case.
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District Man Sentenced to 22 ½ Years in Prison for Obstruction of Justice and Related Charges Following Home Invasion Defendant Sought to Destroy EvidenceRead the Press Release
WASHINGTON – Darnell Mason, 22, of Washington, D.C., has been sentenced to 22 ½ years in prison for obstruction of justice and related charges in connection with actions he took following an armed home invasion, U.S. Attorney Ronald C. Machen Jr. announced.
Mason was found guilty by a jury of obstruction of justice, tampering with physical evidence, and other charges in December 2014, following a trial in the Superior Court of the District of Columbia. He was sentenced on Feb. 27, 2015 by the Honorable William M. Jackson. Following his prison term, Mason will be placed on five years of supervised release.
According to the government’s evidence at trial, a group of men, who were wearing ski masks, carried out the home invasion at about 2:30 a.m. on Oct. 3, 2013. They saw a taxicab dropping off the victim in the 5700 block of Blaine Street NE. They followed the victim into his home. Once inside, they held the victim, the victim’s fiancé, and the victim’s mother at gunpoint for approximately 40 minutes while they ransacked the home and stole various items. Those items included cash, electronics, and the fiancé’s engagement ring, which the fiancé unsuccessfully tried to hide from the defendants during the burglary.
The men left the home in two vehicles that belonged to the victims and deposited the proceeds from the burglary inside of a vacant home on Raleigh Street SE. Worried that the police might recover fingerprints from the vehicles they had stolen, the men then drove the vehicles into a field adjacent to an elementary school on Alabama Avenue SE, set the vehicles on fire, and retreated on foot to the vacant home on Raleigh Street SE.
One of the men was wearing a GPS tracking device in connection with his supervised release in an unrelated robbery case. Members of the Metropolitan Police Department (MPD) used data generated by that device to track the men to the home on Raleigh Street SE. The police barricaded the residence and ultimately arrested a group of men, including Mason, in or near the residence. The police also recovered most of the proceeds of the burglary, along with several ski masks, from the Raleigh Street home. The police did not recover the engagement ring.
The government’s evidence at trial showed that Mason, while incarcerated at the District of Columbia Jail, called an associate on two occasions and, using veiled language, instructed the associate to return to the attic of the Raleigh Street SE home and recover the gun that was used to commit the home invasion at Blaine Street NE. Despite repeated searches of the Raleigh Street SE residence by the police, that gun was never found.
After a four-week trial, the jury convicted Mason of multiple counts of destruction of property and tampering with physical evidence, in connection with the destruction of the victims’ vehicles. The jury also convicted Mason of two counts of obstruction of justice, in connection with Mason’s phone calls from jail. And the jury convicted Mason of unlawful entry, in connection with Mason’s hiding out in the Raleigh Street SE home. The jury was unable to reach a verdict, however, on the charges against Mason for the home invasion itself.
Two co-defendants earlier pled guilty to charges in the case.
In announcing the sentence, U.S. Attorney Machen praised the work of the detectives and officers who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegals Richard Cheatham and Antoinette Sakamsa, Litigation Technology Specialists Aneela Bhatia and Leif Hickling, Victim/Witness Advocates Jim Brennan and Jennifer Clark, and former intern Harris Davidson. Finally, he commended Assistant U.S. Attorneys Ben Schrader and Karen Seifert, who investigated and prosecuted the case.
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District Man Sentenced to 66 Years in Prison for Armed Sexual Assaults Defendant Met Victims Through Backpage.comRead the Press Release
WASHINGTON – Prince Jones, 31, of Washington, D.C., was sentenced today to 66 years in prison for a series of crimes, including two armed sexual assaults of women he met through online advertisements, U.S. Attorney Ronald C. Machen Jr. announced.
Jones was found guilty by a jury in November 2014, in the Superior Court of the District of Columbia, of two counts of first-degree sexual abuse while armed with aggravating circumstances; two counts of kidnapping while armed; four counts of robbery while armed; and one count of threatening to injure a person. He was sentenced by the Honorable Jennifer Anderson. Jones also must register as a sex offender for the rest of his life.
According to the government’s evidence, Jones preyed on women who advertised their services as escorts on backpage.com. In October 2013, he lured his first victim to a building where he used to live in Southeast Washington, led her into a dark basement, where he held a knife to her throat, and forced her to perform oral sex on him. After the assault, he forced her back to her car, where her cousin was waiting for her, and robbed both women of their cellphones and several other personal items.
Two days later, Jones committed the exact same crime on a different woman. Detectives with the Metropolitan Police Department (MPD) were able to locate him within hours of the second assault. Jones was still armed with the knife he used to commit the assaults, and he had the cell phones of all three of the victims in his car with him. DNA recovered from the second sexual assault victim’s sexual assault kit, as well as DNA recovered from the crime scene, linked the defendant to the second assault.
In announcing the sentence, U.S. Attorney Machen praised the work of the officers and detectives of the Metropolitan Police Department, including the Sexual Assault Unit. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Elsa Resendiz; Victim Services Specialist LaJune Thames, Paralegal Specialists Tiffany Jones and Wanda Trice; Information Technology Specialist Leif Hickling, and Criminal Investigator John Marsh. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Jodi Lazarus who investigated, indicted and tried the case, and Assistant U.S. Attorney Uma Amuluru, who co-tried the case.
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District Man Sentenced to 37 ½ Years in Prison for Sexually Assaulting 14-Year-Old Girl Defendant Earlier Convicted of Similar OffenseRead the Press Release
WASHINGTON - Orlando Roberts, 46, of Washington D.C., was sentenced today to 37 ½ years in prison for sexually assaulting a 14-year-old girl within months after he got out of prison for a similar attack, U.S. Attorney Ronald C. Machen Jr. announced.
Roberts, who in 2001 was convicted of sexually assaulting a 13-year-old girl, was found guilty by a jury in October 2014 of six counts of first-degree sexual abuse of a child. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer Anderson. Following his prison term, Roberts will be placed on five years of supervised release. He also must register as a sex offender for the remainder of his life.
According to the government’s evidence, on July 13, 2014, Roberts drove to the 14-year-old victim’s foster home, together with Javon Henson, 19. Roberts referred to Henson as his “son,” though there was no biological relationship between the two.
Henson had met the victim online a few days earlier, and he had asked her to accompany him on a date at the park. The victim responded that she would need the permission of her foster mother. On the evening of July 12, Roberts called the victim’s foster mother and assured her that he would look out for her foster daughter on her date with his “son.” The foster mother agreed to meet them the next day. Arriving at the foster home on July 13, Roberts again assured the foster mother that he would chaperone the entire date between the victim and his “son” and that nothing would happen to her on his watch. Roberts also lied about Henson’s age, telling the foster mother that he was only 17. After much deliberation, the foster mother agreed to let victim leave her house with Roberts and Henson.
Roberts drove Henson and the victim to Hains Point. Although he had told the foster mother that he would drive the victim home immediately after they left the park, he instead took her and Henson back to his home in Northwest Washington.
Once inside Roberts’s home, Roberts got the victim and Henson into the basement, where his bedroom was located. Roberts instructed the 14-year-old victim to remove her clothing. She complied out of fear. Roberts then retrieved a flashlight from a counter in the basement and proceeded to use the flashlight to show Henson the victim’s genitalia. The victim was mortified and placed her hands over her eyes. Roberts then performed various sexual acts on the victim under the guise the he was merely teaching his “son” how to perform those sexual acts. Roberts directed Henson to perform the same sexual acts that he had just performed. When he was finished with her, Roberts drove the victim to a mall, where he bought her some T-shirts and a pair of earrings, before taking her back to her foster mother’s house.
Both Henson and Roberts were subsequently arrested. Henson immediately admitted his role in the assault and pled guilty to second-degree sexual abuse of a Child. He testified against Roberts at trial. He was sentenced today to three years in prison, with all but six months suspended on the condition that he successfully complete five years of probation. He also must register as a sex offender for a period of 10 years.
In the 2001 case, Roberts was convicted of first-degree sexual abuse of a child for sexually assaulting a 13-year-old girl in the parking lot of Robert F. Kennedy Memorial Stadium. He was sentenced to 14 years of incarceration and released in October 2013—just eight months before sexually assaulting the 14-year-old victim in this matter. He was registering as a sex offender and under Court order to stay away from all children when he committed this offense.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department, including the detectives of the Youth Investigations Division and the Sexual Assault Branch. He also expressed appreciation for assistance provided by the Laurel, Md. Police Department as well as Jason Harley, a social worker with the Charles County, Md. Department of Social Services. In addition, he recognized the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson, Paralegals Jason Manuel and Troy Griffith, Criminal Investigator John Marsh, and Elizabeth Trosman, Chief of the Appellate Division, who provided legal advice throughout the trial.
Finally, he commended the work of Assistant U.S. Attorney Andrea L. Hertzfeld and Jason Park, who investigated and prosecuted the case.
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District Man Sentenced to 25 Years in Prison for Child Sexual Abuse of His Stepdaughter Offenses Took Place over Multiple YearsRead the Press Release
WASHINGTON – A 28-year-old man, of Washington, D.C., was sentenced today to 25 years in prison for sexually abusing his stepdaughter over a period of several years, U.S. Attorney Ronald C. Machen Jr. announced.
The man, who is not identified here to protect the privacy of the victim, was found guilty by a jury in October 2014 of multiple counts of first-degree and second-degree child sexual abuse, with aggravating circumstances. He was sentenced by the Honorable John Ramsey Johnson. Upon completion of his prison term, the man will be placed on 10 years of supervised release. He also will be required to register as a sex offender for a period of 10 years.
According to the government’s evidence, the defendant began molesting his stepdaughter in 2008 or early 2009, when she was 7 or 8 years old. He escalated the inappropriate touching to full sexual intercourse when she turned 11. The abuse occurred primarily on weekends, when the victim’s mother was at work, and continued until May of 2014 when the stepdaughter, then 13, disclosed the abuse to her mother, who contacted police.
The victim testified that for years, she was afraid to disclose the abuse for a number of reasons, including a claim by the defendant that no one would believe her.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s Youth Investigations Division, who investigated the case, and the patrol officers who first responded to the scene. He also acknowledged the critical services provided to the victim at the District of Columbia Children’s Advocacy Center, and the specialized medical treatment provided by the team of child abuse experts at the Freddie Mac Child and Adolescent Protection Center at the Children’s National Medical Center. In addition, he commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Elsa Resendiz, David Foster, and Katina Adams-Washington, all of the Victim/Witness Assistance Unit; Criminal Investigator John Marsh; Paralegal Specialist Joyce Arthur; Information Technology Specialists Jeanie Latimore-Brown and Anisha Bhatia; and interns Cristina Stam, Melissa Garcia, and Brittany Raia.
Finally, he commended the work of Assistant U.S. Attorneys John L. Hill and Kenechukwu Okocha, who investigated and prosecuted the case.
15-032
District Man Sentenced to 12-Year Prison Term for Attacking Woman in Alley, Then Assaulting Police Neighbors Heard Woman’s Screams, Called 911Read the Press Release
WASHINGTON - Kirk Cheeks, 45, of Washington, D.C., was sentenced today to 12 years in prison for abducting and assaulting a woman in an alley and then firing a gun during a confrontation with police, U.S. Attorney Ronald C. Machen Jr. announced.
Cheeks pled guilty in December 2014, in the U.S. District Court for the District of Columbia, to charges of kidnapping and assault with a dangerous weapon. The plea, which was contingent upon the Court’s approval, called for a 12-year prison sentence. The Honorable Colleen Kollar-Kotelly accepted the plea and sentenced Cheeks accordingly. Upon completion of his prison term, Cheeks will be placed on five years of supervised release.
A federal grand jury indicted Cheeks in June 2014 on federal and District of Columbia offenses. He pled guilty to two of the District of Columbia offenses. The defendant has prior convictions for drug, weapons, and felony assault offenses.
According to the government’s evidence, Cheeks encountered the victim early Feb. 2, 2014, in the area of the 700 block of Girard Street NW. He invited her to walk to his home and drink alcohol, to which she agreed. While walking through the alley behind the 700 block of Girard Street, he put her in a chokehold and dragged her to the rear of a building and down an incline next to the building. Neighbors heard her cry for help and called 911.
Officers from the Metropolitan Police Department (MPD) responded to the alley within minutes of the 911 calls. When officers arrived, they saw Cheeks on top of the victim, and saw that he was holding his hand over the victim’s mouth, telling her to “shut up.” An officer pulled Cheeks off the victim and directed him to walk up the incline to the alley, where other officers were waiting for him. Cheeks, however, resisted and began struggling with officers. He pointed a gun at one of the officers, and during the struggle it discharged a round. After further struggling with officers, the defendant was eventually placed in handcuffs.
The victim reported to detectives that Cheeks had smothered her, stuck a gun to her head, and raped her. In his guilty plea, Cheeks denied sexually assaulting her.
In announcing the sentence, U.S. Attorney Machen commended the work of the officers and detectives of the Metropolitan Police Department’s Third District and Sexual Assault Unit, who investigated the case. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator John Marsh; Victim/Witness Advocate Lezlie Richardson; Paralegal Specialist Jason Manuel, and Assistant U.S. Attorney Arvind K. Lal, who assisted with forfeiture issues.
Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Amy H. Zubrensky and Cassidy Kesler Pinegar, who prosecuted the case.
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