District of Columbia
Press releases recorded for this federal judicial district.
Maryland Man Found Guilty of Assault with Intent to Kill in Shooting Outside Northeast Washington Shoe Store Four People Were Hit by Gunfire on Busy Street in Broad Daylight AttackRead the Press Release
WASHINGTON – Victor L. Coley, 52, of Upper Marlboro, Md., was found guilty by a jury today of four counts of assault with intent to kill while armed and other offenses for a broad daylight shooting that took place outside a shoe store in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Coley was found guilty of a total of 15 charges following a trial in the Superior Court of the District of Columbia. The Honorable Michael Ryan scheduled sentencing for April 27, 2015.
According to the government’s evidence, the shootings took place at 1:10 p.m. on Nov. 6, 2013, outside the Payless shoe store at the corner of Minnesota Avenue and Clay Place NE. Coley shot one man in the back and another man in the back of the head and then the chest. As the second victim managed to stumble away, Coley fired additional shots, two of which struck innocent bystanders. The man who was shot in the back is paralyzed from the waist down; the other three victims have recovered from their injuries. Dozens of people were outside the shoe store and at a nearby bus stop at the time that the gunfire began.
The investigation revealed that Coley had tried to enlist the intended targets as part of his drug-dealing crew, but they refused. After the shooting, he hid the gun in a house behind the shoe store. Coley was arrested minutes later, while coming out of the house. He has been in custody ever since.
In announcing the verdict, U.S. Attorney Machen commended the work of the officers and detectives who investigated the case for the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Richard Cheatham and Stephanie Gilbert; Victim/Witness Advocate Diana Lim, Assistant U.S. Attorney Robert Eckert, and former Assistant U.S. Attorney James Smith. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Jeffrey Nestler and David Misler, who investigated and prosecuted the case.
15-030
District Man Sentenced to Six-Year Prison Term for Engaging in Sex Trafficking of a Minor and Two Women -Victims Transported to Sexual Encounters, Forced to Turn over All Proceeds-Read the Press Release
WASHINGTON – Reckay Haith, 26, of Washington, D.C., has been sentenced to six years in prison for prostituting and trafficking a 16-year-old girl and two adults between June 2014 and August 2014, 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).
Haith pled guilty in December 2014, in the Superior Court of the District of Columbia to one count of sex trafficking of children and two counts of pandering. He was sentenced by the Honorable Jennifer Anderson on Jan. 23, 2015. Upon completion of his prison term, the defendant will be placed on three years of supervised release.
According to the government’s evidence, Haith and his girlfriend approached the minor and her friend in Northeast Washington and recruited them to engage in prostitution. The girlfriend—at Haith’s direction—taught the minor and her friend how to post online advertisements for sex, set the pricing structure for their sexual encounters, and directed them to turn over all proceeds from these encounters to the defendant. Haith then transported the victims to their various encounters in Maryland and Washington D.C., and waited nearby to allow for immediate collection of the proceeds. The defendant committed these acts despite being told by the minor that she was, in fact, 16 years of age.
On Aug. 7, 2014, members of the FBI’s Child Exploitation Task Force received a tip that Haith was engaging in prostitution and sex trafficking activities. After locating one of the minor’s online advertisements, members of the team immediately contacted her and arranged for an encounter in the District of Columbia. Haith then transported the minor from a hotel in Silver Spring, Md., to the prearranged meeting location in the District of Columbia. Upon his arrival, Haith was placed under arrest.
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 the Metropolitan Police Department. 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 Andrew McCabe and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force, as well as the MPD’s Narcotics and Special Investigation Division, Human Trafficking Unit. They also commended those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist Tierra Nanches and Assistant U.S. Attorneys Lindsay Suttenberg and Danny Nguyen, who investigated and prosecuted the matter.
15-028
District Man Sentenced to 14-Month Prison Term for Failing to Register as a Sex OffenderRead the Press Release
WASHINGTON – Joe Harris, also known as Ezekiel Maza, 58, of Washington, D.C., was sentenced today to 14 months in prison on a federal charge of failure to register as a sex offender, announced U.S. Attorney Ronald C. Machen Jr. and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
Harris has two prior felony convictions for sex offenses, one from the state of Washington and one from Georgia, which require him to register as a sex offender. According to the government’s evidence, Harris moved from Georgia to the District of Columbia and initially registered as a sex offender in 2008 but did not report back to the registry to update his home and work addresses until 2014, following his arrest in this case. During that time, Harris was able to obtain employment as a home delivery driver with two separate food delivery companies by lying on his employment application regarding his criminal history. Harris also moved to several different residences in the District of Columbia without updating the Registry as to those addresses, one of which was a transitional shelter for previously-homeless women.
Harris pled guilty in November 2014 in U.S. District Court for the District of Columbia to one count of failure to register as a sex offender in violation of the Sex Offender Registration and Notification Act (SORNA). He was sentenced by the Honorable Rosemary M. Collyer. His prison term is to be followed by five years of supervised release.
As part of an overall strategy to combat child exploitation, the U.S. Marshals Service launched a nationwide operation in 2010 to target sex offenders who violate SORNA by knowingly failing to comply with their sex offender registration requirements. SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist states in locating and apprehending non-compliant sex offenders.
In announcing the sentence, U.S. Attorney Machen and U.S. Marshal Hughes praised the work of Senior Inspector Floriano Whitwell and other members of the D.C. Superior Court Sex Offender Investigations Section of the U.S. Marshals Service, who investigated the case. He also expressed appreciation for the assistance of the Court Services and Offender Supervision Agency. Finally, he commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Troy Griffith and Assistant U.S. Attorney Sarah McClellan, who prosecuted the case.
15-029
District Man Pleads Guilty to Sexually Abusing 7-Year-Old Girl Child Disclosed What Took Place to MotherRead the Press Release
WASHINGTON – A 55-year-old man from Washington, D.C. pled guilty today to a felony charge for sexually abusing a seven-year old girl in May 2014, U.S. Attorney Ronald C. Machen Jr. announced.
The defendant, who is not identified here to protect the privacy of the victim, pled guilty in the Superior Court of the District of Columbia to one count of second-degree child sexual abuse, in an Alford plea. Under such a plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction. He is scheduled to be sentenced on April 24, 2015 by the Honorable Milton C. Lee. The defendant faces up to 10 years in prison. He will also be required to register as a sex offender.
According to the government’s factual proffer at today’s plea hearing, the defendant molested the girl, a relative, on May 24, 2014, in a home in Southeast Washington. The girl told her mother what happened, and DNA evidence later confirmed the girl’s allegations.
In announcing today’s plea, U.S. Attorney Machen praised the work of those who investigated the case from the Metropolitan Police Department’s Youth Division. He also expressed appreciation for the work of the child abuse experts at the Child and Adolescent Protection Center at Children’s National Medical Center, as well as the Children’s Advocacy Center, which conducted the child forensic interview and provided other critical services to the victim. U.S. Attorney Machen acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key and Victim/Witness Advocate Lezlie Richardson. Finally, he commended the work of Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted the matter.
15-027
Rabbi Pleads Guilty to Voyeurism Charges, Admits Secretly Taking Video Recordings of Dozens of WomenRead the Press Release
U.S. Attorney Ronald C. Machen Jr. of the District of Colombia and Chief Cathy L. Lanier of the Metropolitan Police Department announced that Bernard Freundel, a rabbi who had worked for a Jewish congregation in Washington, D.C., pleaded guilty today to 52 counts of voyeurism stemming from a series of incidents between 2009 and 2014 in which he secretly took video recordings of women preparing for a Jewish ritual bath.
Freundel, 63, of Washington, D.C., pleaded guilty to the misdemeanor charges before the honorable Senior Judge Geoffrey M. Alprin in the superior court of the District of Columbia. Each count carries a maximum sentence of a year of incarceration, a fine of up to $1,000 or $2,500, for the offenses which occurred on or after June 11, 2013, or both. Freundel faces a maximum of 52 years in prison and the potential fines when he is sentenced on May 15, 2015.
“Bernard Freundel exploited his position of power to victimize dozens of women who entered a sacred, intimate space of religious ritual,” said U.S. Attorney Machen. “He betrayed the trust of every woman whose private moments he caught on camera along with an entire community that counted on him for moral leadership. We hope that this guilty plea will allow each of his victims to move forward and heal. We will be seeking a prison sentence that reflects the gravity of this disturbing assault on the privacy and dignity of so many victims.”
“This predator committed an outrageous breach of trust,” said Chief Lanier. “He must be punished for abusing his position to deliberately and repeatedly violate women’s privacy. My heart goes out to the victims and all members of the community who have been deeply wounded by this criminal’s actions.”
According to a factual proffer submitted at today’s plea hearing, between early 2009 and October 2014, Freundel was the sole Rabbi of Kesher Israel congregation in Northwest Washington. Kesher Israel is adjacent to the National Capital Mikvah, a Jewish ritual bath. A mikvah is used primarily by Orthodox Jewish women for monthly spiritual purification and by other individuals as the final step in the Orthodox Jewish conversion process.
The National Capital Mikvah has two changing/showering rooms connected to the room with the ritual bath. On numerous occasions between early 2009 and October 2014, the defendant installed and maintained electronic recording devices in the larger of the two changing/showering rooms. Freundel did so for the sole purpose of secretly and surreptitiously recording women who were using the bathroom and shower; these women were totally and partially undressed before and/or after showering. The women recorded did not know they were being recorded and did not consent to being recorded.
On Oct. 12, 2014, Freundel entered the larger changing/showering room with a clock radio that contained a hidden recording device. He placed the clock radio on the countertop of the sink and positioned the recording element so that it faced the shower area. He then left the changing area. Shortly thereafter, the clock radio was taken by an individual associated with the Mikvah, who immediately turned it over to the Metropolitan Police Department, leading to an investigation.
Freundel was arrested on Oct. 14, 2014. Law enforcement executed search warrants to examine the contents of the clock radio and to seek evidence at Freundel’s home and office at Towson University. Computer forensic examinations of all of the electronic devices and digital media storage devices seized from the defendant’s home and office revealed recordings made by the defendant of at least 52 women who were totally or partially undressed in the large showering/changing room of the Mikvah on a total of 25 different dates between March 4, 2012 and Sept. 19, 2014. These are the women who are the subjects of the charges to which Freundel pled guilty today. The charge of voyeurism has a three-year statute of limitations.
In addition to the 52 recordings that were the subject of the plea, computer forensic examinations revealed that Freundel secretly and surreptitiously recorded approximately 100 additional women totally or partially undressed before and/or after showering in the large bathroom at the National Capital Mikvah between 2009 and September 2014. These women did not know that they were being recorded and did not consent to being recorded.
In announcing the plea, U.S. Attorney Machen and Chief Lanier commended the work of those who investigated the case for the Metropolitan Police Department, including officers and detectives of the second police district. They also recognized the assistance provided by the Towson University Police Department. In addition, they acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office including Chief Jelahn Stewart of the Victim/Witness Assistance Unit, Deputy Chief Sharon Marcus-Kurn of the Sex Offense and Domestic Violence Section, Lead Paralegal Specialist Wanda Trice, Victim/Witness Advocate Lezlie Richardson, Victim/Witness Advocate Supervisor Dr. Lorraine Chase and Criminal Investigator John Marsh.
Finally they expressed appreciation for the work of Assistant U.S. Attorneys Amy H. Zubrensky and Rebekah Holman, who investigated and prosecuted the case.
District Man Pleads Guilty to Federal Charges in Massive Identity Theft and Tax Fraud Scheme Admits Working with Others to Seek More Than $1.1 Million in Fraudulent RefundsRead the Press Release
WASHINGTON – James Nelson, 31, of Washington, D.C., has pled guilty to various crimes committed in a far-reaching identity theft and tax fraud scheme in which he and others filed fraudulent federal income tax returns seeking more than $1.1 million in refunds, the Justice Department announced today.
Nelson is among approximately a dozen people who have pleaded guilty in the U.S. District Court for the District of Columbia to charges in one of the largest prosecutions to date involving the use of stolen identifying information. The overall case involves the filing of at least 12,000 fraudulent federal income tax returns that sought refunds of at least $40 million.
The guilty plea, unsealed today, was announced by U.S. Attorney Ronald C. Machen Jr. of the District of Columbia, Principal Deputy Acting Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division, Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service-Criminal Investigation (IRS-CI) Washington Field Office, Acting Inspector in Charge David M. McGinnis of the U.S. Postal Inspection Service’s (USPIS) Washington Division, Assistant Inspector General for Investigations John L. Phillips of the U.S. Department of Treasury, and Special Agent in Charge Kathy A. Michalko of the U.S. Secret Service’s Washington Field Office.
Nelson pled guilty to conspiracy to defraud the United States with respect to claims, aiding and abetting in the making of false claims for refund, and aiding and abetting in fraud and related activity involving identification information. Under federal sentencing guidelines, Nelson faces an estimated range of 41 to 51 months in prison and a fine of up to $75,000 at his sentencing before the Honorable U.S. District Judge Ellen S. Huvelle of the District of Columbia. In addition, as part of his plea agreement, Nelson must pay $636,026 in restitution to the IRS.
“James Nelson now joins numerous others who have pleaded guilty in this prosecution of a D.C.–based scheme involving at least 12,000 fake income tax returns,” said U.S. Attorney Machen. “Honest taxpayers – like those filing their returns this week – are victimized by these scammers who use stolen identities to generate fraudulent tax refunds and drain money from the U.S. Treasury. This prosecution is not over. We will remain aggressive in our efforts to investigate and prosecute tax refund fraud involving identity theft.”
“One of the Tax Division’s highest priorities is prosecuting individuals such as James Nelson and his co-conspirators, who use stolen identities to file fictitious income tax returns and claim fraudulent refunds,” said Principal Deputy Acting Assistant Attorney General Ciraolo. “This street crime threatens the very fabric of tax administration and often victimizes the most vulnerable members of our communities. The Tax Division is committed to working with our partners in law enforcement to identify these schemes, dismantle the criminal operations, and punish the offenders who view the Federal Treasury as their own personal bank account.”
“Perpetrators of identity theft schemes are motivated by greed, acting as if they are above the law and with total disregard for the consequences to the victims,” said Special Agent in Charge Kelly. “The actions of criminals, such as Mr. Nelson, create distressing hardships for many innocent taxpayers and have a devastating impact on the entire community.”
“Postal Inspectors are proud to join our federal law enforcement partners to bring this case to a successful resolution,” said Acting Inspector in Charge McGinnis. “By joining forces, we are able to bring justice to those who would misuse the U.S. mail in order to defraud innocent citizens and the U.S. government.”
“I am proud of the work done by our Office of Investigations, cooperating with other law enforcement organizations in detecting and deterring this fraud and protecting the integrity of the nation’s tax system,” said Assistant Inspector General Phillips.
“Our success in this case and similar investigations is a result of our close work with law enforcement partners,” said Special Agent in Charge Michalko. “The Secret Service worked closely with the Internal Revenue Service and the Department of Justice to share information and resources that ultimately brought James Nelson to justice. This case demonstrates there is no such thing as anonymity for those engaging in identity theft and fraudulent schemes.”
According to the government’s evidence, Nelson was among participants in a massive and sophisticated identity theft and false tax refund scheme involving an extensive network of more than 130 people, many of whom were receiving public assistance. The refunds were sought since 2006, often in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. In other cases, the refunds were sent to people who were willing participants in the scheme. The refunds listed more than 400 “taxpayer” addresses in the District of Columbia.
From December 2007 through January 2012, according to the government’s evidence, Nelson used his residential addresses, then in the District of Columbia, for the receipt of some of the fraudulently obtained tax refunds. He also recruited others to receive fraudulent refunds at their addresses. For example, Nelson paid one woman about $150 per check for each refund check delivered to her residential address in the District of Columbia.
Approximately 360 fraudulent federal income tax returns were filed with the IRS listing the addresses that were under Nelson’s control. The returns sought refunds of approximately $908,500. As a result, the IRS sent out 238 checks, totaling about $524,795, and 184 of those checks, totaling $432,804, were ultimately cashed.
Nelson also recruited others to negotiate at least 86 other refund checks, totaling approximately $203,222, causing a total intended loss to the U.S. Treasury of more than $1.1 million.
In announcing the plea, U.S. Attorney Machen, Principal Deputy Acting Assistant Attorney General Ciraolo, Special Agent in Charge Kelly, Acting Inspector in Charge McGinnis, Assistant Inspector General Phillips and Special Agent in Charge Michalko commended those who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Assistant U.S. Attorney Sherri L. Schornstein and Paralegal Specialist Donna Galindo. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Ellen Chubin Epstein of the District of Columbia’s Fraud and Public Corruption Section and Trial Attorneys Jessica N. Moran and Jeffrey B. Bender of the Tax Division, who are prosecuting the case.
15-026
Maryland Man Pleads Guilty to Second-Degree MurderRead the Press Release
In Strangulation of Girlfriend
-Defendant Fled Apartment After Murder, Was Arrested the Following Day-WASHINGTON – Kevin McDarrin Johnson, 52, of Landover, Md., pled guilty today to a charge of second-degree murder for killing his girlfriend last year at the apartment they shared in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Johnson pled guilty in the Superior Court of the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for a prison sentence between 20 and 26 years. The Honorable Rhonda Reid Winston scheduled sentencing for April 24, 2015.
According to the government’s evidence, on Feb. 20, 2014, Johnson strangled his girlfriend, Detra Martin, 48, to death in the apartment they shared in the 800 block of Southern Avenue SE. After strangling her, Johnson left Ms. Martin in her bed, locked the bedroom door, and fled the apartment. Johnson did not show up to work the next day. Law enforcement acted swiftly, and arrested Johnson the day after the murder at a relative’s home in Maryland.
In announcing the plea, U.S. Attorney Machen commended the work of the detectives, officers, and others who investigated the case from the Metropolitan Police Department. He also expressed appreciation to the District of Columbia Office of the Medical Examiner. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Lashone Samuels, Ethel Noble, and Meridith McGarrity; Victim/Witness Advocate Jennifer Clark; and Assistant U.S. Attorneys Richard DiZinno and Natalia Medina, who are prosecuting the case.
15-22District Man Sentenced to over Nine Years in PrisonRead the Press Release
For Series of Burglaries Targeting Senior Citizens
-Defendant Posed as a Cable Company Worker to Gain Entry Into Houses-WASHINGTON – Tyrone Calliham, 47, of Washington, D.C., was sentenced today to nine years and two months in prison for a series of burglaries and thefts, all targeting senior citizens, in which he gained entry to the victims’ residences by posing as a cable company employee, U.S. Attorney Ronald C. Machen Jr. announced.
Calliham pled guilty in November 2014, in the Superior Court of the District of Columbia, to two counts count of first-degree burglary of a senior citizen; three counts of attempted first-degree burglary of a senior citizen, and one count of first-degree identity theft. He was sentenced by the Honorable Milton C. Lee. Upon completion of his prison term, Calliham will be placed on five years of supervised release.
According to the government’s evidence, Calliham’s crimes spanned a period of several years. They took place in daylight hours, with Calliham typically knocking on the doors of senior citizens’ homes and pretending to be a cable company employee or a former cable worker. In at least one incident, he was wearing a shirt with the company’s logo. He typically said that he needed to come inside the homes to check the wiring or offered to perform services that would lower monthly cable bills. Once inside, he headed into various rooms and took money, wallets, credit cards, cellphones and other items. He pled guilty to charges stemming from five incidents on four days. The crimes took place in Northeast and Northwest Washington on Oct. 1, 2010; Aug. 16, 2013; June 26, 2014, and July 10, 2014. Victims ranged in age from 73 to 90.
In one incident, for example, on July 10, 2014, Calliham approached a 75-year-old woman outside her residence. He stated that he used to work for a cable company and he offered to do electrical work. She accepted. She allowed him into her home so he could see the circuit breakers. He then asked her to stand by the circuit breakers, saying he would yell to her from outside to turn them on and off. The victim stood by the circuit breakers, waiting, until a neighbor came to check on her some minutes later after seeing the defendant leave the location. He had left with the victim’s wallet.
Calliham was identified last year after he was caught on surveillance video and after he brazenly left his name with one of the victims. He was arrested in North Carolina and extradited to the District of Columbia. Far from being ashamed of what he had done, prior to his arrest, on his Facebook account, Calliham “Liked” an article on a news website about his own crimes.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by the Prince George’s County, Md. Police Department. Finally, he commended the efforts of Assistant U.S. Attorney Christopher M. Bruckmann, of the Felony Major Crimes Trial Section, who investigated and prosecute the case.
15-23
District Man Pleads Guilty to Second-Degree Murder While Armed in 2013 Slaying of Howard University StudentRead the Press Release
-Killing Took Place in Botched Robbery Attempt-
WASHINGTON – Rasdavid Lagarde, 28, of Washington, D.C., pled guilty today to charges stemming from a botched attempted armed robbery of two Howard University students in which one of the victims was killed, U.S. Attorney Ronald C. Machen Jr. announced.
Lagarde pled guilty in the Superior Court of the District of Columbia to second-degree murder while armed for the death of 22-year-old Omar Sykes and attempted armed robbery and possession of a firearm during a crime of violence for the attack on the surviving victim. He is to be sentenced on May 8, 2015, by the Honorable Lynn Leibovitz. The plea, which is contingent on the Court’s approval, calls for a sentence of 20 to 30 years of incarceration.
According to the government’s evidence, on July 4, 2013, at about 11:20 p.m., Lagarde and an accomplice were in the 700 block of Fairmont Street NW. Mr. Sykes and another Howard University student were also on the block, walking ahead of them.
Lagarde’s accomplice pulled out a gun. He ran towards the student who was with Mr. Sykes, and ordered him to the ground. He struck the student in the head multiple times with the gun, hit him in the ribs, and kicked him. He then ordered the student multiple times not to look at him or Lagarde. At one point during the assault, Lagarde told the accomplice that he thought the student was looking at him. The accomplice then hit the student yet again.
During this attack, Lagarde pulled out a gun and approached Mr. Sykes to assist in the robbery. Lagarde’s accomplice ordered Mr. Sykes to the ground and tried to force him to the ground next to the other victim. As Lagarde attempted to pistol-whip Mr. Sykes, Lagarde fired his gun at Mr. Sykes. Mr. Sykes was shot by a single gunshot that traversed through his arm and into his chest. Lagarde and the accomplice then fled from Fairmont Street.
Mr. Sykes died from the gunshot wound. The other student suffered lacerations to his head, including a huge gash to his forehead that required multiple stitches to treat. He also suffered several bruised ribs.Lagarde was arrested by the Metropolitan Police Department (MPD) on Oct. 15, 2013 for the murder of Mr. Sykes. He told detectives that the accomplice initiated the robbery. However, once the attempted robbery began, Lagarde helped with it. Lagarde admitted that he was armed with a .380 firearm, which he used during the robbery attempt. Lagarde stated that he did not intend for the gun to fire, but it did fire during a tussle with Mr. Sykes when he tried to force Mr. Sykes to the ground. No other arrests have been made in the case.
In announcing the guilty plea, U.S. Attorney Machen commended the work of the detectives of the Criminal Investigations Division Homicide Branch, crime scene officers, and the Third Police District of the Metropolitan Police Department, as well as Jacob Kunkle of the FBI’s Cellular Analysis Survey Team. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Marcia Rinker, James Brennan, M. Laverne Forrest, Debra Cannon, and Michael Hailey, all of the Victim/Witness Assistance Unit; Paralegal Specialist Vanessa Trent-Valentine; former Paralegal Specialists Fern Rhedrick and Marian Russell; Investigative Analyst Zachary McMenamin, Litigation Technology Specialist Jeanie Latimore-Brown, and Intern Abhi Mehta. He also praised the efforts of Assistant U.S. Attorneys Shana Fulton and Veronica Sanchez, who investigated, indicted and prosecuted the case.
15-24
Two Cousins Sentenced to Prison Terms for Armed Robberies on Christmas Eve and Christmas 2012Quick Police Work Led to ArrestsRead the Press Release
WASHINGTON – Floyd Long was sentenced today to 19 ½ years in prison and his cousin, Alonzo Ferrell, was sentenced to a 15-year prison term for carrying out a series of four armed robberies in Northwest and Northeast Washington on Christmas Eve and Christmas of 2012, U.S. Attorney Ronald C. Machen Jr. announced.
Long, 23, of Washington, D.C., and Ferrell, 23, of Capitol Heights, Md., were found guilty by a jury in November 2014 of conspiracy, armed robbery, receiving stolen property, fleeing law enforcement, and various weapons offenses. The verdicts followed a trial in the Superior Court of the District of Columbia. They were sentenced by the Honorable John McCabe. Following their prison terms, both will be placed on five years of supervised release.
According to the government’s evidence, Long and Ferrell, together with two accomplices, obtained four handguns and a stolen car, and then conspired to commit armed robberies in the District of Columbia. At about 11:15 p.m. on Christmas Eve 2012, the four men drove into darkened residential streets looking for potential robbery victims.
At around 11:15 p.m., they robbed their first victim at gunpoint in the 200 block of Hamilton Street NW, taking from him an iPhone and an iPad. Next, they drove to the unit block of Webster Street NE, and robbed their second victim at gunpoint, obtaining a cellphone and $160. They then drove to the 600 block of Jefferson Street NE, and found their third victim bringing gifts into his home. They put guns to his head, and robbed him of $3 and a cell phone. They committed their fourth robbery at about 12:12 a.m. on Christmas Day, in the 1700 block of Varnum Street NE. This last victim initially resisted, but the men assaulted him and took his wallet, which contained $15.
Long, Ferrell and their accomplices were spotted in their stolen car a short while later, in the 5600 block of Central Avenue SE. They initially fled from police, but after a brief pursuit, Long and Ferrell were apprehended.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation to the FBI’s Cellular Analysis Survey Team. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator John Marsh; Paralegal Specialists Lynette Briggs and Debra McPherson; Litigation Technology Specialist Leif Hickling; Victim/Witness Advocate James Brennan; Victim/Witness Security Specialist David Foster; Assistant U.S. Attorneys Natalia Medina, Laura Coates, and Danny Nguyen, and former Assistant U.S. Attorneys Britain Shaw and Trevor McFadden. Finally, he commended the work of Assistant U.S. Attorney Demian S. Ahn, who investigated and prosecuted the case.
15-021District Man Sentenced to over 11 Years in Prison for String of Burglaries in Northwest WashingtonDefendant Committed Crimes While on Release After Earlier ArrestRead the Press Release
WASHINGTON - Anthony Hines, 21, of Washington, D.C., was sentenced today to 11 years and two months in prison for a series of crimes, including five burglaries that he carried out while he was awaiting trial in another case, U.S. Attorney Ronald C. Machen Jr. announced.
Hines pled guilty in December 2014, in the Superior Court of the District of Columbia, to two counts of first-degree burglary, one count of attempted burglary, and three misdemeanor charges. He was sentenced by the Honorable John McCabe. Upon completion of his prison term, Hines will be placed on five years of supervised release.
According to the government’s evidence, Hines was arrested on Sept. 27, 2014 in Southeast Washington for operating a vehicle that was reported stolen earlier that day from College Park, Md. He was released two days later on personal recognizance.
In the early morning hours of Oct. 18, 2014, Hines entered a residence in the 2600 Block of Woodley Place NW while the residents were sleeping. He stole, among other things, a cellphone and the keys to the victims’ vehicle, which he later stole. Halloween candy also was removed from the residence, and a trail of candy wrappers led to the house next door, which Hines also burglarized. Among the items taken from that residence were a digital camera, an iPad, video games, a bottle of wine, and the keys to a vehicle owned by one of the victims. Members of the Metropolitan Police Department (MPD) traced the stolen cellphone to a residential building and located the stolen vehicle three blocks away.
The next burglary took place at about 3 a.m. on Oct. 21, 2014. Hines entered a residence in the 1900 block of Calvert Street NW, while the victim was sleeping, and stole two iPhones, $150, and a watch. The victim awakened, and Hines ran from the residence.
Within the hour, Hines entered two more residences in the 1900 block of Belmont Street NW. He damaged a screen at the first residence and set off an alarm at the second. Police quickly responded and arrested him, finding the proceeds from the Calvert Street burglary. Police later executed a search warrant at Hines’s residence and recovered proceeds from numerous burglaries, including the Maryland residence from which the Maryland vehicle was stolen.
In announcing the sentence, U.S. Attorney Machen commended the work and collaboration of the Metropolitan Police Department’s Second and Third Districts and the Prince George’s County Police Department. 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.
15-020District Man Pleads Guilty to Sexually Abusing Two Children-Defendant Had Prior Conviction for Similar Conduct-Read the Press Release
WASHINGTON – James Izlar, 37, of Washington, D.C., pled guilty today to charges stemming from the sexual abuse of two girls at a residence where they were staying in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Izlar pled guilty in the Superior Court of the District of Columbia to two counts of second-degree child sexual abuse. The plea, which is contingent upon the Court’s approval, calls for a prison sentence between 9 ½ and 12 years, to be followed by a term of supervised release. The Honorable Jennifer Anderson scheduled sentencing for April 24, 2015.
According to the government’s evidence, Izlar was on supervised release for a previous child sexual abuse conviction involving a 2005 attack on a 13-year-old girl. In June 2013, he removed his GPS tracking device and began living in a house where the two girls, 6 and 9, were temporarily residing. The people in the house did not know that Izlar was a convicted sex offender. Soon thereafter, Izlar began inappropriately touching the girls, who reported the abuse to a family member. Police were notified, leading to Izlar’s arrest.
In announcing the plea, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s Youth Investigations Division. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Victim/Witness Advocate Melissa Milam; Child Forensic Interview Specialists Karen Giannakoulias and Tracy Owusu, and Paralegal Specialist Joyce Arthur. Finally, he expressed appreciation for the work of Assistant U.S. Attorney John L. Hill, who is prosecuting the case.
15-019District Man Pleads Guilty to Manslaughter in Death of His Infant SonBaby Had Fractures of Skull and RibsRead the Press Release
WASHINGTON – Tyrik Lamont Brown, 20, of Washington, D.C., pled guilty today to a charge of voluntary manslaughter stemming from the death last fall of his one-month-old son, U.S. Attorney Ronald C. Machen Jr. announced.
Brown pled guilty in the Superior Court of the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for a sentence within the District of Columbia’s voluntary sentencing guidelines; in this case, the range is from four to 10 years in prison. The Honorable Rhonda Reid Winston scheduled sentencing for April 24, 2015.
According to the government’s evidence, on Oct. 29, 2014, Brown was caring for his one-month-old son, Raj’saun Tyrik Brown, at the family’s residence in Southeast Washington. The child’s mother woke the baby at 8 a.m., fed him, and then left him in the care of Brown when she went to work at about 8:30 a.m. At the time she left, she placed the child on top of a pillow in the bed with the defendant.
At 8:57 a.m., Brown sent a text message to the mother stating that he had just cut the baby’s leg with his fingernails while rushing to change him and that the baby was bleeding. At 9:32 a.m., he called her to report that the boy had a white “foamy milk-like” substance coming from his nose. Then at 9:41 a.m., he called to say that the child was unresponsive. The mother instructed Brown to call 911 and she herself called 911. Law enforcement met the mother, and provided her transportation to the hospital, where Raj’saun was pronounced dead.
The Office of the Chief Medical Examiner determined that the cause of death was multiple blunt force injuries, including a skull fracture and rib fractures.
In announcing the plea, U.S. Attorney Machen commended the work of the detectives, officers, and others who investigated the case from the Metropolitan Police Department. He also expressed appreciation to the District of Columbia Office of the Medical Examiner and the District of Columbia Department of Forensic Sciences for assistance in the investigation. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Mia Beamon, Victim/Witness Advocate Marcia Rinker, Intern Nicholas Molayem, and Assistant U.S. Attorney Cynthia G. Wright, who is prosecuting the case.
15-018Virginia Man Sentenced to 33 Months in Prison for Traveling into the District of Columbia to Engage in Illicit Sexual Conduct with A MinorRead the Press Release
WASHINGTON – Michael Angel Gutierrez, 50, of Lorton, Va., was sentenced today to 33 months in prison on a federal charge of traveling interstate to engage in illicit sexual conduct with a minor, 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).
Gutierrez pled guilty to the charge in October 2014 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable James E. Boasberg. Upon completion of his prison term, he will be placed on five years of supervised release. Gutierrez also will be required to register for 15 years as a sex offender.
According to the government's evidence, on Aug. 28, 2014, Gutierrez contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site. Over the next few days, Gutierrez engaged in e-mail, phone, and text message conversations with the undercover officer, whom the defendant believed was the father of an under-aged girl. During this period of time, Gutierrez arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child.
On Sept. 3, 2014, Gutierrez traveled from his apartment in Virginia 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.
15-017District Man Sentenced to Nearly 13 Years in Prison for Stabbing and Assaulting VictimsDefendant Stabbed One Victim in Dark Alley, Later Lunged at Officer with KnifeRead the Press Release
WASHINGTON - Nathaniel Cousart, 53, of Washington, D.C., has been sentenced to 12 years and seven months in prison on charges stemming from a stabbing and assault in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced today.
Cousart was found guilty by a jury on Sept. 10, 2014, in the Superior Court of the District of Columbia, of aggravated assault while armed, assault with a dangerous weapon, and carrying a dangerous weapon. He was sentenced on Feb. 5, 2015 by the Honorable Patricia A. Broderick. Upon completion of his prison term, he will be placed on five years of supervised release.
According to the government’s evidence, on Sept. 13, 2013, at about 7:30 p.m., Cousart followed a man he knew into a dark alley off the 1500 block of North Capitol Street NW and stabbed him four times in the back, neck and shoulder area while demanding the victim’s property. The stabbing caused extreme pain, and lasting damage to the victim’s nerves and shoulders. The victim escaped and ran away while the defendant pursued him.
The victim eventually collapsed on the steps of an apartment building, where Special Police Officers working at the building came to assist. One officer called out to Cousart, who turned to flee. The officer gave chase, and Cousart turned and went towards the officer with his knife drawn. When the officer drew his service weapon, Cousart fled again, this time ditching the knife into a sewer drain. The Metropolitan Police Department (MPD) responded, and with the help of the D.C. Water and Sewer Authority, recovered the knife and other evidence.
In announcing the sentence, U.S. Attorney Machen 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 Todd McClelland and Assistant U.S. Attorneys James Petkun and Nihar Mohanty. Finally, he expressed appreciation for the work of Assistant U.S. Attorney John Marston, of the Felony Major Crimes Trial Section, who prosecuted the matter.
15-016District Man Found Guilty of Felony ChargesRead the Press Release
For Shooting at Special Police Officer
-Defendant Threatened Victim, Left, and Returned to Fire at HimWASHINGTON – Jerrell Jackson, 29, of Washington, D.C., has been found guilty by a jury of numerous charges stemming from an incident in which he threatened and subsequently shot at a Special Police Officer, U.S. Attorney Ronald C. Machen Jr. announced today.
Jackson was found guilty on Feb. 4, 2015, in the Superior Court of the District of Columbia, of a total of eight counts, including assault on a police officer while armed, assault with a dangerous weapon, threats, and various firearms offenses. He is to be sentenced on April 3, 2015 by the Honorable Todd E. Edelman.
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, U.S. Attorney Machen 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.
15-015District Man Pleads Guilty to Charges in Burglary of Office Complex-Defendant Intended to Steal Prescription Medications, Other Items-Read the Press Release
WASHINGTON – David Pitts, 38, of Washington, D.C., pled guilty today to charges stemming from an incident last year 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 the Superior Court of the District of Columbia to charges of second-degree burglary and first-degree identity theft. The Honorable Zoe Bush scheduled sentencing for March 20, 2015. Pitts faces a statutory maximum of 15 years in prison for the burglary charge and up to 10 years for the identity theft charge, as well as potential financial penalties.
According to a proffer of facts submitted 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.
In announcing the plea, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department, the Montgomery County, Md. Police Department, 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 is prosecuting the matter.
15-014Pennsylvania Man Sentenced to 39 Months in Prison for Possession of Child PornographyRead the Press Release
WASHINGTON – Vincent Petaccio, 61, of Levittown, Pa., was sentenced today to 39 months in prison after earlier pleading guilty to a federal charge of 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).
Petaccio entered the guilty plea in March 2014 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Rudolph Contreras. Upon completion of his prison term, Petaccio 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 April 12, 2013, Petaccio contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site. Over the course of two days, Petaccio engaged in instant message conversations with officer, whom he believed was the father of an under-aged girl.
During their communications, Petaccio sent the undercover officer 59 still images and 10 videos of graphic child pornography. Pursuant to a search of Petaccio’s home at the time of his arrest, law enforcement recovered approximately 150 still images and 10 videos of child pornography on his computer.
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 expressed appreciation for the assistance provided by the FBI’s Philadelphia Field Office and the Fort Washington, Pa. Resident Agency. Finally, they commended the efforts of Assistant U.S. Attorney Ari Redbord, who prosecuted the case.
15-013Maryland Man Found Guilty of Felony Charges in Shooting Outside Northwest Washington Night ClubDefendant Fired Nine Shots at Victim, Who Tried to Run AwayRead the Press Release
WASHINGTON – Jonathan Blades, 30, of Suitland, Md., was found guilty by a jury today of assault with intent to kill while armed and other offenses stemming from a shooting outside a night club in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
The verdict was returned following a trial in the Superior Court of the District of Columbia. In addition to the charge of assault with intent to kill while armed, Blades was found guilty of aggravated assault while armed and three related firearms offenses. The Honorable Michael Ryan scheduled sentencing for March 20, 2015.
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 verdict, U.S. Attorney Machen expressed his appreciation to the Metropolitan Police Department, the U.S. Marshals Service, and the Prince George’s County, Md. for their work on the case. He also acknowledged the work of Paralegal Specialist Allison Gregory Daniels, Victim/Witness Advocate Diana Lim, and Litigation TechnologySpecialist Leif Hickling, all of the U.S. Attorney’s Office. Finally, he commended the efforts of Assistant U.S. Attorneys Scott Sroka and Christopher Macchiaroli, who tried the case.
15-012Maryland Woman Sentenced to Federal Prison for Massive Identity Theft and Tax Fraud SchemeDefendant, A Bank Employee, Processed Deposits and Withdrawals of More Than $1 Million in Fraudulently Obtained Tax RefundsRead the Press Release
WASHINGTON –A former bank employee was sentenced today to serve 87 months in prison for her role in a far-reaching identity theft and tax fraud scheme in which she used her position to help process deposits and withdrawals of nearly $1.1 million in fraudulently obtained federal income tax refunds.
Yvette Haden, 50, of Suitland, Maryland, is among approximately a dozen people who have pleaded guilty in the U.S. District Court for the District of Columbia to charges in one of the largest prosecutions to date involving the use of stolen identifying information. The overall case involves the filing of at least 12,000 fraudulent federal income tax returns.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Acting Deputy Assistant Attorney General Larry J. Wszalek for the Justice Department’s Tax Division, Special Agent in Charge Thomas J. Kelly of the Internal Revenue Service-Criminal Investigation’s (IRS-CI) Washington Field Office, Acting Inspector in Charge David M. McGinnis of the U.S. Postal Inspection Service’s Washington Division, Assistant Inspector General for Investigations John L. Phillips for the U.S. Department of Treasury, and Special Agent in Charge Kathy A. Michalko for the U.S. Secret Service’s Washington Field Office.
Haden pleaded guilty in April 2014 in the U.S. District Court for the District of Columbia to one count of conspiracy to defraud the United States and one count of bank fraud. She was sentenced by the Honorable Rosemary M. Collyer. As part of her plea agreement, Haden must pay $973,376 in restitution to the IRS and she also is subject to a forfeiture money judgment of the same amount. Upon completion of her prison term, Haden will be placed on three years of supervised release.
Haden was among participants in a massive and sophisticated identity theft and false tax refund scheme involving an extensive network of more than 130 people, many of whom were receiving public assistance. At least 12,000 fraudulent federal income tax returns were filed for the tax years of 2005 through 2012, seeking refunds of at least $40 million. The returns were often filed in the names of people whose identities had been stolen, including the elderly, people in assisted living facilities, drug addicts and incarcerated prisoners. The refunds listed more than 400 “taxpayer” addresses in the District of Columbia, Maryland and Virginia.
The government’s evidence showed that participants in the schemes had various roles: some stole the identifying information; some permitted their personal identifying information to be used; some created and mailed the fraudulent federal tax returns; some permitted their addresses to be used for receipt of the refund checks; some helped cash the checks; some provided bank accounts for negotiation of checks; and some forged endorsements of identity theft victims on the refund checks.
According to the government’s evidence, from 2007 through 2010, Haden was employed as a financial services representative at a bank branch in Southeast Washington, D.C. She assisted co-conspirators in the scheme and violated the bank’s policies and procedures through a series of actions, including opening three business checking accounts in the names of three purported sole proprietorships. Haden, who at the time of her crimes had more than 25 years of banking industry experience, was solely responsible for verifying client identities and documents and entering client information directly into the computer. Once the accounts were opened, Haden aided the co-conspirators by processing deposits of fraudulently obtained U.S. income tax refund checks, as well as withdrawals. To hide her activity, she falsified slips documenting withdrawals. Haden was compensated by one of the co-conspirators for her role in the offenses.
Also, according to the government’s evidence, Haden opened a checking account in her own name at a credit union in 2012 and deposited or transferred 14 refund checks to that account.
In total, from June 2010 through November 2012, Haden negotiated 398 fraudulent income tax refund checks totaling $1,024,271.
In announcing the sentence, U.S. Attorney Machen, Acting Deputy Assistant Attorney General Wszalek, Special Agent in Charge Kelly, Acting Inspector in Charge McGinnis, Assistant Inspector General Phillips and Special Agent in Charge Michalko commended those who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Assistant U.S. Attorney Sherri L. Schornstein and Paralegal Specialist Donna Galindo. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Ellen Chubin Epstein of the U.S. Attorney’s Office’s Fraud and Public Corruption Section and Trial Attorneys Jessica N. Moran and Jeffrey B. Bender of the Tax Division, who are prosecuting cases in the investigation.
15-011U.S. Attorney Machen Announces Selection of Consultants to Work with Office’s New Conviction Integrity UnitExperienced Attorneys to Help Assess Cases, Recommend Best PracticesRead the Press Release
WASHINGTON – U.S. Attorney Ronald C. Machen Jr. today announced the selection of two independent consultants who will provide guidance and outside expertise to the U.S. Attorney’s Office’s newly created Conviction Integrity Unit.
The consultants are Jeffrey D. Robinson, Senior CounselatLewis Baach, and Kristine Hamann, a Visiting Fellow at the U.S. Department of Justice’s Bureau of Justice Assistance, who specializes in developing "Best Practices" programs for prosecutor's offices.
“In standing up the first federal Conviction Integrity Unit, we wanted to bring in outside counsel who would offer a fresh perspective to our review process in order to ensure that we were reaching the right conclusions when assessing these innocence claims,” said U.S. Attorney Machen. “Our goal is to not only identify historic wrongful convictions but to do everything in our power to prevent those wrongful convictions from occurring on a going forward basis. I am confident that these experienced attorneys will offer thoughtful, independent feedback that helps us achieve both of these goals.”
The Conviction Integrity Unit, established in September 2014, will review cases in which defendants convicted of violent felonies can proffer new evidence that merits reconsideration, including those in which DNA testing of biological material may establish actual innocence. Cases will be reviewed by experienced prosecutors and investigators from the U.S. Attorney’s Office for the District of Columbia, who then will determine if further action is needed.
Mr. Robinson and Ms. Hamann have agreed to serve as a resource to the Conviction Integrity Unit by reviewing material relating to incoming claims and providing their individual assessments of the potential merits of and investigative steps necessary as to those claims. Once a claim has been thoroughly re-investigated, Mr. Robinson and Ms. Hamann will be available to consult with the U.S. Attorney about the proposed outcome.
Finally, Mr. Robinson and Ms. Hamann will offer their guidance as to recommended training, policy revisions, and changes in trial practice suggested by the conviction review process. Shawn Armburst, the Executive Director of the Mid-Atlantic Innocence Project, also will assist the Conviction Integrity Unit in recommending changes in training, policy, and trial practice.
This is the first Conviction Integrity Unit created within a U.S. Attorney’s Office. A number of prosecutors’ offices nationwide have established such units in recent years, including the Manhattan District Attorney’s Office and the Dallas County District Attorney’s Office. As the Conviction Integrity Unit’s work continues, additional consultants could be named.
The unit, which began reviewing cases this fall, is part of the office’s Special Proceedings Division, which handles all post-conviction litigation in both the U.S. District Court for the District of Columbia and the Superior Court of the District of Columbia.
The external consultants have extensive experience with criminal justice issues:
Jeffrey D. Robinson, Senior CounselatLewis Baach, is an experienced litigator who handles complex commercial and civil rights matters, responds to governmental and congressional investigations, develops legal strategies, and addresses media inquiries. He was lead counsel in the case establishing that racially targeted predatory lending is a violation of the Fair Housing Act. Mr. Robinson has a long and distinguished career in areas in which traditional law and litigation intersect with public policy and politics. He served for four years as Associate Director-Counsel for the NAACP Legal Defense and Education Fund (LDF), where he successfully led an effort to reform California's Three Strikes law through a ballot initiative, and he also played an important role in multiple legislative efforts, including the inclusion of civil rights protections in the Affordable Care Act and criminal justice reform measures before the Senate and House Judiciary Committees. Mr. Robinson worked on behalf of Vice President Al Gore during the 2000 election Florida vote-count challenge, serving as trial counsel and a media spokesman. Mr. Robinson is a former Principal Deputy in the District of Columbia Office of the Corporation Counsel (now the District of Columbia Office of the Attorney General). He also is a former Deputy Assistant Attorney General for Legislative Affairs and a Subcommittee Chief Counsel on the Senate Judiciary Committee.
Kristine Hamann, a Visiting Fellow at the Department of Justice/Bureau of Justice Assistance, works with prosecutors throughout the country to develop statewide Best Practices Committees. She also is the chair of the Best Practices Committee for the New York State District Attorney’s Association. The Committee develops best practices and innovative strategies aimed at improving the criminal justice system and preventing wrongful convictions. The Committee has led statewide initiatives that include enhanced identification procedures, video interrogation protocols, an Ethics Handbook for prosecutors, and discovery training for the police. Ms. Hamann has decades of experience as a prosecutor. From 2008 to 2013, she was the Executive Assistant District Attorney for the Special Narcotics Prosecutor for the City of New York. The office conducts international, national, and local drug trafficking investigations and prosecutions, which impact New York City. From 2007 to 2008, she was the New York State Inspector General, charged with investigating and preventing fraud, waste and abuse in state government. Before serving as Inspector General, Ms. Hamann served more than 25 years at the New York County District Attorney’s Office, including nine years as the Executive Assistant District Attorney to Robert M. Morgenthau in the Manhattan District Attorney’s Office. She also has worked as an associate at Simpson Thacher and Bartlett in New York.
15-010Maryland Man Pleads Guilty to Assaulting Transgender Girl in July 2014 Attack on Metrorail TrainDefendant Threatened, Harassed and Stabbed 15-Year-Old VictimRead the Press Release
WASHINGTON – Reginald Klaiber, 25, of Greenbelt, Md., pled guilty today to a charge of assault with a dangerous weapon, with a hate crime enhancement, 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 to the charge in the Superior Court of the District of Columbia. The Honorable Juliet McKenna scheduled sentencing for March 11, 2015. Because the offense was a hate crime, the charge includes a bias enhancement. Assault with a dangerous weapon is punishable by up to 10 years in prison. However, with the bias enhancement, it is punishable by up to 15 years of incarceration.
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.
In announcing the plea, 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 is prosecuting the case.
15-009Pennsylvania Man Sentenced to Five Years in Prison for Traveling to Engage in Illicit Sexual Conduct with A MinorRead the Press Release
WASHINGTON – Matthew Nori, 34, of Shippensburg, Pa., was sentenced today to five years in prison for traveling interstate to engage in illicit sexual conduct with a minor, 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).
Nori pled guilty in October 2014 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Rudolph Contreras. Upon completion of his prison term, Nori will be placed on 10 years of supervised release. He also will be required to register as a sex offender for a period of at least 15 years.
According to the government's evidence, on April 29, 2014, Nori contacted an undercover officer with the FBI's Child Exploitation Task Force, through an online website. Over a three-day period, Nori engaged in text messaging and other conversations with the undercover officer, whom he believed was the father of an under-aged girl. During the course of these conversations, Nori arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child. On May 1, 2014, Nori traveled 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 commended the work of the MPD Detectives and Special Agents of the FBI’s Child Exploitation Task Force. They also expressed appreciation for the efforts of Assistant U.S. Attorney Cassidy Kesler Pinegar, who prosecuted the case.
15-008Former HUD Employee Sentenced to 26 Months in Prison for Theft of over $843,000 of Government MoneyRead the Press Release
Brian E. Thompson, 54, a former loan guarantee specialist for the U.S. Department of Housing and Urban Development, was sentenced today to serve 26 months in prison for a scheme in which he stole over $843,000 of government money.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr. of the District of Columbia, Inspector in Charge Gary R. Barksdale of the Washington Division of the U.S. Postal Inspection Service, and Special Agent in Charge Cary A. Rubenstein of the Mid-Atlantic Region of the Office of the Inspector General of the U.S. Department of Housing and Urban Development (HUD-OIG).
Thompson, of Washington, D.C., pleaded guilty in October 2014 in the U.S. District Court for the District of Columbia to one count of wire fraud. He was sentenced by the Honorable Senior Judge Paul L. Friedman. Upon completion of his prison term, Thompson will be placed on three years of supervised release. He also must pay $843,400 in restitution to the federal government. Finally, he is subject to a forfeiture money judgment in the amount of $645,700, in addition to over $150,000 previously seized from his financial accounts.
According to a statement of offense, signed by the defendant as well as the government, Thompson carried out his scheme from May 2013 until March 2014, while he was working for HUD’s Office of Loan Guarantee for Native American programs. This office handles the reselling of properties that have been acquired by HUD after borrowers defaulted on their HUD-guaranteed mortgages. Thompson was a loan guarantee specialist. His duties included selling these HUD real estate owned properties for the best possible price in order to reimburse the government for the payments made to the mortgage lender for the insured loan. He advised supervisors of the progress of reselling properties, and he also coordinated with the title and escrow agents at settlements.
From June 2013 until March 2014, Thompson sold parcels of such real estate properties on behalf of HUD. For five of those parcels, he made materially false misrepresentations to third parties and diverted over $843,000 of the sales proceeds to bank accounts under his control. In order to conceal these thefts from HUD, Thompson used and submitted fictitious settlement statements that falsely listed the buyer, and/or the contract sales prices, and/or the seller proceeds.
“Brian Thompson will be a federal inmate because of his crooked dealings,” said U.S. Attorney Machen. “He ripped off the taxpayer and harmed the integrity of program designed to help underprivileged Native American homeowners. Public service is a calling, not a get-rich-quick opportunity. I want to thank the other public servants at the Office of Native American Programs who came forward and raised concerns about Thompson’s conduct.”
“As today’s sentence demonstrates, those who attempt to defraud the U.S. government will be held accountable,” said Postal Inspector in Charge Barksdale. “Postal Inspectors applaud the efforts of its law enforcement partners at HUD-OIG. Our combined efforts brought the individual responsible for this crime, which involved the U.S. mail system, to justice.”
“The United States Department of Housing and Urban Development, Office of the Inspector General is tasked with investigating allegations of waste, fraud, and abuse in HUD-sponsored programs,” said Special Agent in Charge Rubenstein. “When we learn of HUD employees who engage in fraud, and in this instance elect to enrich themselves at the expense of a HUD program designed to ensure that Native Americans are provided the American dream of home ownership, we vigorously investigate these allegations in order to bring the employees to justice and remove them from current and future employment with HUD and the federal government. We wish to thank our law enforcement partners at the U.S. Postal Inspection Service and United States Attorney’s Office for their steadfast efforts, hard work and dedication. This was a truly collaborative effort that led to the sentencing today.”
In announcing the sentence, U.S. Attorney Machen, Inspector in Charge Barksdale, and Special Agent in Charge Rubenstein commended the work of those who investigated the case from the U.S. Postal Inspection Service and HUD’s Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kristy Penny, the Asset Forfeiture Section’s staff, and Assistant U.S. Attorneys Diane Lucas and Virginia Cheatham.
Former HUD Employee Sentenced to 26 Months in Prison for Theft of over $843,000 of Government MoneyDefendant Sold HUD Properties, Kept A Portion of the Proceeds for HimselfRead the Press Release
WASHINGTON – Brian E. Thompson, 54, a former loan guarantee specialist for the U.S. Department of Housing and Urban Development, was sentenced today to 26 months in prison for a scheme in which he stole over $843,000 of government money.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Gary R. Barksdale, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, and Cary A. Rubenstein, 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).
Thompson, of Washington, D.C., pled guilty in October 2014 in the U.S. District Court for the District of Columbia to one count of wire fraud. He was sentenced by the Honorable Senior Judge Paul L. Friedman. Upon completion of his prison term, Thompson will be placed on three years of supervised release. He also must pay $843,400 in restitution to the federal government. Finally, he is subject to a forfeiture money judgment in the amount of $645,700, in addition to over $150,000 previously seized from his financial accounts.
According to a statement of offense, signed by the defendant as well as the government, Thompson carried out his scheme from May 2013 until March 2014, while he was working for HUD’s Office of Loan Guarantee for Native American programs. This Office handles the reselling of properties that have been acquired by HUD after borrowers defaulted on their HUD-guaranteed mortgages. Thompson was a loan guarantee specialist. His duties included selling these HUD real estate owned properties for the best possible price in order to reimburse the government for the payments made to the mortgage lender for the insured loan. He advised supervisors of the progress of reselling properties, and he also coordinated with the title and escrow agents at settlements.
From June 2013 until March 2014, Thompson sold parcels of such real estate properties on behalf of HUD. For five of those parcels, he made materially false misrepresentations to third parties and diverted $843,000 of the sales proceeds to bank accounts under his control. In order to conceal these thefts from HUD, Thompson used and submitted fictitious settlement statements that falsely listed the buyer, and/or the contract sales prices, and/or the seller proceeds.
“Brian Thompson will be a federal inmate because of his crooked dealings,” said U.S. Attorney Machen. “He ripped off the taxpayer and harmed the integrity of program designed to help underprivileged Native American homeowners. Public service is a calling, not a get-rich-quick opportunity. I want to thank the other public servants at the Office of Native American Programs who came forward and raised concerns about Thompson’s conduct.”
“As today’s sentence demonstrates, those who attempt to defraud the U.S. government will be held accountable,” said Postal Inspector in Charge Barksdale. “Postal Inspectors applaud the efforts of its law enforcement partners at HUD-OIG. Our combined efforts brought the individual responsible for this crime, which involved the U.S. mail system, to justice.”
“The United States Department of Housing and Urban Development, Office of the Inspector General is tasked with investigating allegations of waste, fraud, and abuse in HUD-sponsored programs,” said Special Agent in Charge Rubenstein. “When we learn of HUD employees who engage in fraud, and in this instance elect to enrich themselves at the expense of a HUD program designed to ensure that Native Americans are provided the American dream of home ownership, we vigorously investigate these allegations in order to bring the employees to justice and remove them from current and future employment with HUD and the Federal Government. We wish to thank our law enforcement partners at the U.S. Postal Inspection Service and United States Attorney’s Office for their steadfast efforts, hard work and dedication. This was a truly collaborative effort that led to the sentencing today.”
In announcing the sentence, U.S. Attorney Machen, Inspector in Charge Barksdale, and Special Agent in Charge Rubenstein commended the work of those who investigated the case from the U.S. Postal Inspection Service and HUD’s Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kristy Penny, the Asset Forfeiture and Money Laundering Section’s staff, and Assistant U.S. Attorneys Diane Lucas and Virginia Cheatham.
15-006District Man Pleads Guilty to Numerous Charges for Attacking Woman in Her HomeDefendant Forced Way into Apartment, Stabbed Victim, and Attempted to Rape HerRead the Press Release
WASHINGTON – Demarco Myles, 21, of Washington, D.C., pled guilty today to numerous charges, including assault with intent to kill while armed, attempted first-degree sexual abuse while armed, and mayhem while armed, stemming from an attack in 2012 in which he forced his way into a woman’s apartment, U.S. Attorney Ronald C. Machen Jr. announced.
Myles pled guilty to a total of 10 charges in the Superior Court of the District of Columbia. For one of the 10 offenses – attempted first-degree sexual abuse while armed - he entered what is known as an Alford plea. Under such a plea, the defendant does not admit the allegations, but agrees that the government has enough evidence to secure a conviction. He is to be sentenced on all 10 of the charges on April 24, 2015 by the Honorable Rhonda Reid Winston. He faces a statutory maximum sentence of 67½ years in prison.
According to the government’s evidence, in the early afternoon hours of Oct. 26, 2012, Myles gained entry to a secured apartment building in Northeast Washington. Once inside, he was able to take the elevator by riding with a tenant, who had a card-key to the elevator.
After getting off the elevator, Myles began knocking on doors. When he got to the victim’s apartment, she opened her door a crack to see who was knocking. Myles forced his way inside, knocking her to the floor. She began screaming, and Myles brandished a knife, held it to her throat, and ordered her to stop or he would kill her. He then forced the victim into her bathroom, where he attempted to rape her at knifepoint. Before he could, however, the victim fled into her bedroom and tried to shut herself inside a walk-in closet. Myles overpowered her, forcing his way into the closet, where he began stabbing, kicking and punching the victim.
By the time he finished, Myles had stabbed the victim more than 20 times, including in both eyes, her face and neck, and on her arms and legs. Myles left her lying on her floor, bleeding and unconscious, with life-threatening wounds. He then stole items from her apartment and left.
The victim, remarkably, regained consciousness, crawled across her floor to her phone and was able to call 911. The police and ambulance crew were able to get to the victim before she bled to death. She spent the next several weeks in a hospital, undergoing several surgeries, but survived. As a result of the wounds that Myles inflicted, the victim has had to undergo months of physical therapy and still suffers some limitations.
After the attack, the Metropolitan Police Department (MPD) posted footage from the apartment building’s security camera, trying to determine who committed this attack. Following up on investigative leads, MPD secured a search warrant for Myles’s home, where they recovered items that he stole from the victim’s apartment, as well as a pair of his pants that were covered in blood. DNA testing established that the blood on his pants belonged to the victim.
Myles has been in custody since his arrest on Nov. 3, 2012.
In announcing today’s plea, U.S. Attorney Machen praised the work of members of MPD’s Sexual Assault Unit, Criminal Investigations Unit, and Fifth District. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Jason Manuel, D’Yvonne Key and Joyce Arthur; Victim/Witness Advocate Melissa Milam; La June Thames and Katina Adams-Washington, of the Victim/Witness Assistance Unit; Information Technology Specialist Jeanie Latimore-Brown; Intelligence Specialist Sharon Johnson, and Criminal Investigators Steve Cohen and Durand Odom. He also commended the work of Assistant U.S. Attorneys Elizabeth Trosman, Chrisellen Kolb, and Elizabeth Danello of the Appellate Section, for assistance on legal issues, and Assistant U.S. Attorney Colleen Kennedy, for assistance on mental health-related issues. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Andrea Hertzfeld, John L. Hill and Peter V. Taylor, who investigated and prosecuted this case.
15-007Ringleader Sentenced to More Than 20 Years in Prison Lawyer for His Role in Series of Robberies and Attacks in 2012Defendant Armed Himself with Baseball Bat to Accost Two Victims on Same Night; Five Others Convicted of Violent Offenses in OverallRead the Press Release
WASHINGTON – Leon Boyd, 39, the ringleader of a group of six men responsible for a series of armed robberies in 2012, was sentenced today to 20 years and 180 days in prison for robbing a man and attempting to rob a woman in separate incidents on the same night, both while he was armed with a baseball bat, U.S. Attorney Ronald C. Machen Jr. announced.
The attacks took place within just 20 minutes on the night of Aug. 12, 2012. In one attack, Boyd beat and robbed a man who was walking down a street, and in the other, he beat and attempted to rob a woman who was riding a bicycle.
Boyd, of Washington, D.C., was found guilty by a jury in June 2014, following a trial in the Superior Court of the District of Columbia, of armed robbery, assault with intent to rob while armed, and related offenses. He was sentenced by the Honorable Robert I. Richter. The prison time will run consecutively to a 10-year term that Boyd is now serving following his conviction on a related federal charge involving his unlawful possession of ammunition.
This sentencing was the culmination of a two-year investigation by the Metropolitan Police Department (MPD) and U.S. Attorney’s Office of a group of men who committed a series of violent armed robberies over the course of two weekends in August 2012. A total of six men were convicted of robbery and related offenses in the Superior Court of the District of Columbia and the U.S. District Court for the District of Columbia.
“Leon Boyd led a group of young men who viciously beat and robbed vulnerable victims, showing no regard for the injuries they were causing,” said U.S. Attorney Machen. “This sentence of 20 ½ years, on top of another 10-year prison term that Leon Boyd is now serving, will keep this dangerous man off our streets for decades.”
Boyd was found guilty of charges stemming from the first two attacks.
According to the government’s evidence, on Sunday, Aug. 12, 2012, at approximately 11:30 p.m., a 23-year-old man was returning home from a weekend away. As the man walked in the 100 block of 14th Street SE, carrying and wheeling his luggage, Boyd approached him. Armed with a baseball bat, Boyd beat and robbed the victim. A second man, Jon Charles Flowers, joined in the assault. They stole some luggage, cash, and a watch. The two men then fled in a getaway car driven by a third man, Tommy Branch. The victim suffered head injuries.
Boyd, Flowers, and Branch then drove to the vicinity of Cardozo High School in Northwest Washington, where they came upon a second victim at about 11:50 p.m. They spotted a 24-year-old woman who was riding her bicycle in the 100 block of 11th Street NW. Branch parked the car, and the three men got out. Flowers pushed the woman off the bicycle, and Boyd struck her twice in the face with a baseball bat, breaking her nose and eyeglasses. Branch joined in the attack. One of the assailants tried to steal the woman’s backpack, but she fought back ferociously while screaming. Flowers fled on foot and Boyd and Branch fled by car.
Flowers, 27, of Washington, D.C., and Branch, 23, of Fort Washington, Md., pled guilty to charges stemming from the Aug. 12, 2012 attacks. Flowers was sentenced to five years in prison, and Branch was sentenced to a 3 ½-year prison term for these crimes.
A similar set of crimes took place the following weekend.
According to the government’s evidence, shortly after midnight, early in the morning of Aug. 18, 2012, Branch and two other accomplices – Sunny B. Kuti and Michael Moore – saw the victim, Thomas “T.C.” Maslin. Mr. Maslin was walking home and at the edge of a park near Independence and North Carolina Avenues SE. During the ensuing robbery, Mr. Maslin raised his hands and said that all he had was a phone and bank card. As the robbery continued, Kuti struck Mr. Maslin in the side of the head, temporarily stunning him. Moore pushed Mr. Maslin, and Branch struck him in the side of the head with a baseball bat.
Branch and his accomplices took Mr. Maslin’s iPhone, bank card, and keys. They then drove to a gas station in the 1200 block of Pennsylvania Avenue SE, a few blocks away from the robbery scene. Branch tried to use Mr. Maslin’s bank card to buy gasoline, but the card was refused because he did not know the cardholder’s zip code.
Following this attack, Branch, Kuti, and Moore drove to the Barry Farm area of Southeast Washington, where they met a fourth man, Darrin L. Beal. They then set off for the Adams Morgan area of Northwest Washington to commit a second robbery.
At about 3:20 a.m., while Beal remained in the car, Branch, Moore, and Kuti, while armed with a non-functioning BB gun that resembled a real handgun, targeted three victims in an alley off of the 1800 block of 18th Street NW, violently assaulting one victim and taking a cellphone, wallet, and set of keys from another. All three men were captured by MPD officers responding to the report of the robbery.
Mr. Maslin was found, unconscious, by police at about 8:15 a.m. on Aug. 18, 2012, on the front porch of a rowhouse in the 700 block of North Carolina Avenue SE. He had a massive fracture to his skull and bleeding throughout the brain cavity due to the blow from the bat.
As the investigation of the robbery of Mr. Maslin progressed, law enforcement identified Branch, Moore, and Kuti as the three men who committed that attack. Also as a result of the investigation of the assault and robbery of Mr. Maslin, investigators identified Branch, Boyd, and Flowers as the three men who participated in the crimes that took place Aug. 12, 2012.
Branch and Kuti subsequently were found guilty at trial of charges stemming from the attacks on Mr. Maslin and the other victims on Aug. 18, 2012. Branch, was sentenced to 24 ½ years in prison; this sentence runs consecutively to the prison term of 3½ years that he received for the other attacks. Kuti, 19, of Washington, D.C., was sentenced to 10 years in prison.
Moore, 20, of Landover, Md., pled guilty to charges for his role in the crimes of Aug. 18, 2012, and was sentenced to a 4 ½-year prison term.
Beal, 27, of Washington, D.C., pled guilty to conspiracy to commit a crime of violence for his role in the Aug. 18, 2012 crimes. He was sentenced to a 40-month prison term.
In announcing today’s sentence, U.S. Attorney Machen praised the efforts of the patrol officers, crime scene technicians, and detectives of the Metropolitan Police Department, who investigated the case. He also commended the assistance of the Court Services and Offenders Supervision Agency and the Cellular Analysis Survey Team of the FBI.
U.S. Attorney Machen also recognized the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Jennifer Clark; Victim/Witness Security Specialists Michael Hailey, Debra Cannon, and David Foster; Victim/Witness Services Coordinator La June Thames; Paralegal Specialists Jeanette Litz and Tameka Garcia; Litigation Technology Specialist Kimberly Smith; and Criminal Investigators Christopher Brophy, Durand Odom, and Derek Starliper. He also acknowledged the work of Assistant U.S. Attorneys Vincent Caputy and Darlene Soltys, who assisted with the investigation and prosecution of Boyd on federal charges; Assistant U.S. Attorneys Suzanne Curt, Katherine Kelly, Patricia Riley, and Peter Taylor, who provided legal research assistance, and Assistant U.S. Attorneys Jocelyn Ballantine and Clare Pozos, who assisted with the Branch and Kuti trials in Superior Court.
Finally, he expressed appreciation for the work of Assistant U.S. Attorney Thomas P. Swanton, who has investigated and prosecuted these cases for more than two years.
15-004Four Siblings Sentenced to Prison Terms for Carrying Out Two Robberies in D.C. and Maryland-Crimes Took Place Within 36-Hour Period in May 2014-Read the Press Release
WASHINGTON – Three brothers and their sister, all from Washington, D.C., were sentenced today to prison terms for a pair of robberies that took place within a 36-hour period of a convenience store in Montgomery County, Md. and a bank in the District of Columbia.
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 Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
The brothers – Alex Alexander, Alvin Alexander and Allante Alexander - pled guilty in October 2014 in the U.S. District Court for the District of Columbia to one count of conspiracy to interfere with interstate commerce by robbery and one count of bank robbery. Their sister – Allesha Alexander – pled guilty in October 2014 to one count of conspiracy to interfere with interstate commerce by robbery and one count of acting as an accessory to bank robbery.
The Honorable Senior Judge Paul L. Friedman sentenced Alex Alexander, 22, to 36 months in prison; Alvin Alexander, 24, to 39 months; Allante Alexander, 20, to 36 months, and Allesha Alexander, 25, to 20 months. Upon completion of their prison terms, they will be placed on three years of supervised release. The judge also ordered them to pay $958 in restitution.
According to the government’s evidence, the Alexander brothers entered the Colombo Bank, in the 1300 block of 9th Street NW, at approximately noon on May 12, 2014. After leaving the bank, they decided that they were going to return at some point to rob it.
On May 13, 2014, and continuing into May 14, 2014, according to the government’s evidence, the Alexander brothers and their sister were riding around the District of Columbia, in the sister’s vehicle, when they decided they were going to rob a convenience store located at a gas station in the 8300 block of Colesville Road in Silver Spring, Md.
When the four siblings arrived at the convenience store at approximately 2:55 a.m. on May 14, 2014, they entered the establishment and robbed the attendant of about $158 before fleeing the scene and returning to the District of Columbia.
On May 15, 2014, at approximately 10:30 a.m., the Alexander brothers returned to the Colombo Bank on 9th Street NW, in their sister’s vehicle. According to the government’s evidence, the three brothers entered the bank while their sister waited inside her vehicle. The brothers robbed the teller of approximately $800 before fleeing to the waiting vehicle. In fleeing the scene, they dropped the money.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier commended the investigative work of the Special Agents from the FBI’s Washington Field Office who worked on the case and the entire joint FBI/MPD Violent Crimes Task Force. In addition, they acknowledged the work of Legal Assistant Candice Sisco, Paralegal Specialist Starla Stolk, and Assistant U.S. Attorney Diane Lucas of the Asset Forfeiture and Money Laundering Section. Finally, they expressed appreciation for the work of Assistant U.S. Attorney David B. Kent, who prosecuted the case.
15-005District Man Sentenced to 36 Years in Prison for Shooting That Killed Two Victims, Injured AnotherDefendant Shot Victims Inside Car Off North Capitol StreetRead the Press Release
WASHINGTON – Jimmie Fleming, 36, of Washington, D.C., was sentenced today to 36 years in prison on charges stemming from a shooting in which two people were killed and another was wounded, U.S. Attorney Ronald C. Machen Jr. announced.
Fleming pled guilty in September 2014, in the Superior Court of the District of Columbia, to two counts of voluntary manslaughter while armed for the deaths of Donchell Thomas and Derek Price, and one count of aggravated assault while armed, for the shooting of the third victim. The plea, which was contingent upon the Court’s approval, called for a prison term of 36 years. The Honorable Robert E. Morin accepted the plea and sentenced Fleming accordingly. Upon completion of his prison term, Fleming is to be placed on five years of supervised release.
According to the government’s evidence, on July 13, 2014, at about 1 a.m., Fleming and a juvenile approached a blue Honda Accord near North Capitol and T Streets NW. Mr. Price, 20, was the driver of the car, and Mr. Thomas, 21, was in the back seat. A second passenger was in the front seat. Mr. Price agreed to drive Fleming and the juvenile down the street.
Fleming and the juvenile entered the back seat, joining Mr. Thomas. As Mr. Price drove the car, Fleming pulled out a gun and fired it at all of the occupants inside the car. This shooting was unprovoked and without any warning. Mr. Price and Mr. Thomas were both shot in the head and died from their respective injuries. The front seat passenger, who survived the incident, was shot multiple times in his torso and arm. The juvenile was not hit by the gunfire.
Due to the shooting, the car crashed at the intersection of North Capitol and T Streets. Fleming fled from the car on foot and ultimately ran to a nearby house, where he was arrested by the Metropolitan Police Department. A search of the home was conducted later that morning. Among other things, the police found a bag of ammunition in the defendant’s room.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives of the Criminal Investigations Division, crime scene officers, and the Fifth 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 Veronica Vaughn and Paralegal Specialist Fern Rhedrick. He also praised the efforts of Assistant U.S. Attorney Shana L. Fulton, who prosecuted the case.
15-002District Man Pleads Guilty to Possession of Child PornographyOver 3,000 Images and 267 Videos Seized in Search of Defendant’s ResidenceRead the Press Release
WASHINGTON – Michael Centanni, 48, of Washington, D.C., pled guilty today to a federal charge of possession of child pornography, announced 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.
Centanni entered the plea in the U.S. District Court for the District of Columbia. He is to be sentenced on April 9, 2015 by the Honorable Senior Judge Thomas F. Hogan. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. He also will be required to register as a sex offender for a minimum period of 15 years.
Centanni was arrested on Oct. 30, 2014 following an investigation by HSI. According to a statement of offense signed by the defendant as well as the government, the investigation determined that Centanni had been using the Internet to obtain child pornography files.
Law enforcement searched Centanni’s residence on Oct. 14, 2014 and seized hard drives and other electronic media. A subsequent examination identified more than 3,000 images and 267 videos depicting child pornography. Centanni has been in custody since his arrest. In an interview with law enforcement, he admitted obtaining images and videos depicting child pornography and storing it on the electronic devices seized during the search.
In announcing the plea, U.S. Attorney Machen and Special Agent in Charge Settles commended the work of the HSI Special Agents who investigated the case and expressed appreciation for the assistance of the Metropolitan Police Department (MPD). They also expressed appreciation for the efforts of Assistant U.S. Attorney Cassidy Kesler Pinegar, who prosecuted the case, and Assistant U.S. Attorney Ari Redbord, who assisted in the investigation.
15-003U.S. Attorney’s Office Will Not Pursue Charges Against John W. Hinckley, Jr. for Death of James BradyLegal Barriers Cited in DecisionRead 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 John W. Hinckley, Jr., related to the death last summer of former White House Press Secretary James Brady.
The decision was made following a review of applicable law, the history of the case, and the circumstances of Mr. Brady’s death, including recently finalized autopsy findings.
On March 30, 1981, President Ronald Reagan, his Press Secretary, Mr. Brady, Secret Service Agent Timothy McCarthy, and Metropolitan Police Department Officer Thomas Delahanty were shot during an assassination attempt in the driveway of the Washington Hilton Hotel. All four victims immediately survived the shooting. Mr. Brady, however, was gravely wounded by a bullet to the brain, and remained incapacitated by that injury for the rest of his life.
Hinckley was apprehended on the scene. He later was charged with three federal and 10 District of Columbia offenses. In June 1982, following a trial in the U.S. District Court for the District of Columbia, a jury returned a verdict of not guilty by reason of insanity on all charges. Hinckley, 59, has now been committed for over 32 years to St. Elizabeths Hospital.
Mr. Brady died on Aug. 4, 2014. He was 73. On Aug. 8, 2014, the Commonwealth of Virginia Office of the Chief Medical Examiner ruled that Mr. Brady’s death was a homicide and that it was caused by the 1981 gunshot wound. In the wake of that ruling, the U.S. Attorney’s Office initiated a review to determine whether to prosecute Hinckley for the homicide.
According to an autopsy report prepared by the chief medical examiner’s office, and finalized on Dec. 4, 2014, the traumatic brain injury sustained by Mr. Brady created difficulty managing oral secretions and food and led to aspiration pneumonia and other chronic diseases. At the time of his death, Mr. Brady was suffering from aspiration pneumonia. The chief medical examiner thus concluded that Mr. Brady’s death was determined to be “gunshot wound of head and consequences thereof.”
At his 1982 trial, the jury found Hinckley not guilty by reason of insanity of the two charges, assault with intent to kill while armed and assault with a dangerous weapon, related to the shooting of Mr. Brady. Because the jury conclusively made this finding, the government would be precluded now from arguing that Hinckley was sane at the time he shot Mr. Brady.
Additionally, before 1987, the District of Columbia courts abided by the “year and a day rule,” by which a homicide prosecution could only be brought if the victim died within a year and day of the injury causing death. At the time that Hinckley made his assassination attempt, the year-and-a-day rule was still in effect.
In summary, any further prosecution of Hinckley premised on his March 1981 shooting of Mr. Brady would be precluded by the doctrine of collateral estoppel, which would prevent the U.S. Attorney’s Office from arguing, or a court or jury from finding, that Hinckley was sane at the time Mr. Brady was shot. Thus, Hinckley would be entitled to a directed verdict that he was not guilty of the murder of Mr. Brady by reason of insanity. Furthermore, a homicide prosecution would be precluded by the common law "year-and-a-day rule," in effect at the time.
15-001District Woman Found Guilty of Federal Charges for Illegally Collecting Unemployment BenefitsDefendant Submitted Claims While Working at A Government AgencyRead the Press Release
WASHINGTON – Brianna Meadows, 32, of Washington, D.C., has been found guilty by a jury of federal charges stemming from a scheme to defraud the District of Columbia Department of Employment Services of more than $14,000 in unemployment benefits, announced U.S. Attorney Ronald C. Machen Jr. and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
Meadows was found guilty on Dec. 22, 2014 of four counts of wire fraud, one count of theft of government funds, and one count of first-degree theft. The verdict followed a trial in the U.S. District Court for the District of Columbia. The Honorable Amy Berman Jackson scheduled sentencing for March 11, 2015.
The government’s evidence at trial established that Meadows submitted 49 false claims to the District of Columbia Department of Employment Services from May 2009 through April 2010, indicating that she was unemployed, when, in fact, she was working full time for a private contractor doing work at a government agency in Maryland. She submitted more than two dozen of those claims from a computer terminal at the agency, the evidence showed.
In announcing the verdict, U.S. Attorney Machen and Assistant Director in Charge McCabe commended the work of those who investigated the case from the FBI’s Washington Field Office. They expressed appreciation for the assistance provided by the District of Columbia Department of Employment Services. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo and Lesley Slade; Information Technology Specialist Jeanie Latimore-Brown, and Assistant U.S. Attorney Jelahn Stewart, who assisted in the investigation. Finally, they commended the work of Assistant U.S. Attorneys Seth B. Waxman and Mervin A. Bourne, Jr., who prosecuted the case.
14-286District Man Pleads Guilty to Second-Degree Murder While Armed in Southeast Washington Shooting-Defendant Shot Victims Inside Car in Barry Farm Area-Read the Press Release
WASHINGTON – Donald Dubose, 25, of Washington, D.C., pled guilty today to a charge of second-degree murder while armed stemming from a fatal shooting that took place in 2012 in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Dubose pled guilty in the Superior Court of the District of Columbia. He is to be sentenced on Feb. 20, 2015, by the Honorable Jennifer Anderson. The plea, which is contingent on the Court’s approval, calls for a sentence between 15 and 17 years of incarceration.
According to the government’s evidence, on May 12, 2012, at approximately 5:35 a.m., the victim, Michael Smith, 34, and another man left Northwest Washington in a gray Mercedes Benz. They headed towards the Barry Farm community in Southeast Washington. The other man drove while Mr. Smith sat in the front passenger seat. Dubose followed behind them in a black Ford Fusion with the intention of causing physical harm and injury to Mr. Smith and the other man in the Mercedes Benz. At least two of Dubose’s associates were in the car with him.
When they reached Stevens Road SE, in Barry Farm, the other man pulled the Mercedes to the side of the road in the 1100 block of Stevens Road. Dubose stopped the Ford Fusion beside the Mercedes, on the driver’s side of the Mercedes. The individuals in the Ford Fusion shot at Mr. Smith and the other man with multiple guns. Mr. Smith was shot twice in the head and died shortly thereafter. The other man survived the gunfire, but suffered a gunshot wound to his arm. Though injured with a gunshot wound, he attempted to drive the Mercedes away. He crashed the Mercedes into the side of a nearby house across the street. Dubose and the shooters, meanwhile, fled from the shooting in the Ford Fusion, which defendant drove.
In announcing the guilty plea, U.S. Attorney Machen commended the work of the detectives of the Criminal Investigations Division Homicide Branch, crime scene officers, and the Seventh Police District of the Metropolitan Police Department. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Marcia Rinker, M. Laverne Forrest, Tanya Via and Michael Hailey of the Victim/Witness Assistance Unit; former Paralegal Specialists Fern Rhedrick and Marian Russell; Paralegal Specialist Vanessa Trent-Valentine; Investigative Analyst Zachary McMenamin; Assistant U.S. Attorney Michael Brittin; and former Assistant U.S. Attorney Justin Dillon. He also praised the efforts of Assistant U.S. Attorney Shana L. Fulton, who investigated, indicted, and prosecuted the case.
14-285Owner of Three Home Health Care Agencies Indicted on New Charges in Investigation of Medicaid FraudDefendant Was Among Those Arrested Earlier This Year in Largest Health Care Fraud Takedown in D.C. HistoryRead the Press Release
WASHINGTON –Florence Bikundi, the owner of three home care agencies, has been charged in a superseding indictment with six additional offenses related to a scheme to secure more than $75 million in District of Columbia Medicaid payments, even though she was barred from participating in any federal health care programs. The new charges include allegations that Bikundi and others conspired to bill the Medicaid program for services that were not provided.
Bikundi, 51, of Bowie, Md., has been in custody since her arrest in February 2014, following her indictment on one count of health care fraud, one count of Medicaid fraud, four counts of money laundering, and three counts of engaging in illegal monetary transactions. The superseding indictment, returned by a grand jury on Dec. 18, 2014, and unsealed today, includes those nine charges and adds six additional offenses against her, including one count of health care fraud; one count of conspiracy to commit health care fraud; one count of conspiracy to commit money laundering, and three additional counts of money laundering.
The superseding indictment charges eight other people with taking part in the fraudulent activities, including Bikundi’s husband, son, and two sisters.
The charges were announced 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; Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.; Kathy A. Michalko, Special Agent in Charge, Washington Field Office, U.S. Secret Service; Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI), and Daniel W. Lucas, Inspector General for the District of Columbia.
Bikundi, also known as Florence Ngwe and Florence Igwacho, is pending trial before the Honorable Beryl A. Howell in the U.S. District Court for the District of Columbia.
Bikundi was among more than 20 people charged in February 2014 following a wide-ranging investigation that uncovered numerous, separate schemes involving fraud, kickbacks, and false billings in the growing field of home care services for D.C. Medicaid beneficiaries. The case so far has generated 16 guilty pleas in the U.S. District Court for the District of Columbia and the Superior Court of the District of Columbia. Those pleading guilty include people who worked as personal care aides in the home care industry, patient recruiters who demanded money for access to Medicaid beneficiaries, and others.
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“This indictment charges Florence Bikundi and eight others with a conspiracy to defraud Medicaid through cash kickbacks, bogus paperwork, and services that were never provided,” said U.S. Attorney Machen. “We are seeking the forfeiture of $75 million in ill-gotten gains, including jewelry, luxury vehicles, and money stashed in dozens of accounts. This indictment is part of a broader crackdown on health care fraud that has resulted in 16 guilty pleas to date. These prosecutions demonstrate our commitment to defending the integrity of a program that serves the most vulnerable members of our community. We will continue to fight to protect taxpayer dollars and conserve resources for those truly in need.”
“The additional charges announced today outline that the owner and eight employees of a home health care company never provided services to residents who were part of the D.C. Medicaid program,” said Assistant Director in Charge McCabe. “This fraud steals from government programs designed to assist deserving patients. The FBI, with our partners at HHS-OIG, U.S. Secret Service, IRS, and D.C. OIG, will continue to investigate the exploitation of our health care system.”
“Our success in this case and similar investigations is a result of our close work with law enforcement partners,” said Special Agent in Charge Michalko. “The Secret Service worked closely with the FBI, the U.S. Department of Health and Human Services, and a variety of other federal and state partners to share information and resources that ultimately led to the indictment of Florence Bikundi. This case demonstrates there is no such thing as anonymity for those engaging in health care fraud and illegal schemes.”
“Health care fraud schemes are complex and involve intense focus on many details, especially when so many wrongdoers are working together to commit fraud,” said Inspector General Lucas. “This scheme perpetuated against the District’s Medicaid program is no different. It is because of our concentrated efforts, working with other law enforcement entities, that we were able to continue the work necessary to bring this superseding indictment. We will continue those efforts after today.”
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Medicaid provides for home care services to be performed by personal care aides, working for eligible home care agencies. The aides assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, keeping track of medication, and so forth. In order to be covered for such benefits, the beneficiaries must get a doctor’s prescription.
According to the superseding indictment, Bikundi owns two entities named Global Healthcare, Inc., and one named Flo-Diamond Inc. In April 2000, according to the indictment, HHS-OIG notified Bikundi in writing that she was excluded from participation in Medicare, Medicaid, and all federal health care programs. This notice was based on the revocation the previous year of Bikundi’s nursing license in Virginia. The exclusion was issued against Bikundi under her name of Florence Igwacho. Bikundi subsequently concealed her past when she secured Medicaid provider numbers for her businesses using the name of Florence Bikundi, the indictment alleges. She also did not disclose that her nursing licenses were revoked in Virginia, South Carolina and the District of Columbia, the indictment alleges.
In violation of the terms of her exclusion, between July 2007 and early 2014, according to the indictment, Bikundi’s entities received more than $78 million in payments from Medicaid; of this, $75 million came from the District of Columbia program and the rest from Maryland.
The new charges against Bikundi include allegations that she also participated in a wide-ranging scheme to defraud the Medicaid program by billing the program for services that were not provided. The indictment alleges that cash payments were made by employees of Bikundi’s companies to Medicaid beneficiaries in exchange for signatures falsely stating that services had been provided. According to the superseding indictment, Bikundi and employees of her companies also falsified patient files and employee files to make it appear as though the claims for payment were legitimate when they were not.
The superseding indictment also alleges that Bikundi and her husband, Michael D. Bikundi, Sr., 52, conspired to launder the proceeds of the illegally obtained Medicaid funds and committed substantive money laundering violations.
In addition to Michael Bikundi, Sr., seven others were charged with health-care related offenses in the superseding indictment. All are employees and administrators of Bikundi’s company. They include three other relatives: Florence Bikundi’s son, Carlson M. Igwacho, 33, and two sisters, Irene M. Igwacho, 49, and Berenice W. Igwacho, 30, all of Bowie, Md.
Others charged include Christian S. Asongcha, 38, of Lanham, Md.; Elvis N. Atabe, 55, of Adelphi, Md.; Atawan Mundu John, 37, of Laurel, Md., and Melissa A. Williams, 31, of Bowie, Md. The indictment alleges that Melissa A. Williams and Atawan Mundu John tampered with witnesses during the law enforcement investigation of health care fraud.
The United States has seized over $11 million in funds and five luxury vehicles from Florence Bikundi and Michael Bikundi. The superseding indictment seeks a forfeiture money judgment of $75 million against the Bikundis and the forfeiture of the funds, vehicles, and the Bikundi residence.
**
The various investigations were conducted by the FBI’s Washington Field Office; the U.S. Department of Health and Human Services, Office of Inspector General; the U.S. Secret Service; the Medicaid Fraud Control Unit of the District of Columbia’s Office of the Inspector General; the Internal Revenue Service-Criminal Investigation; the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI); the Office of Labor Racketeering and Fraud Investigations, Office of Inspector General, Department of Labor; the Social Security Administration, Office of Inspector General, and the Medicaid Fraud Control Unit of the Maryland Attorney General’s Office. Assistance was provided by the District of Columbia’s Department of Health Care Finance and other agencies.
The FBI has set up a hotline number to report suspected incidents of Medicaid fraud: 855-281-1242. People can also provide information by e-mail to [email protected].
HHS-OIG also has a hotline that can be reached at 800-HHS-TIPS or by clicking the “Report Fraud” tab on the agency’s website: http://oig.hhs.gov
These cases are being prosecuted by Assistant U.S. Attorneys Lionel André, Anthony Saler, Ted Radway, Michael Friedman, and Michelle Zamarin.
Assistance was provided by Forensic Accountant Maria Boodoo; Paralegal Specialists Toni Donato, Donna Galindo, Krishawn Graham, Tasha Harris, and Corinne Kleinman; Legal Assistants Angela Lawrence, Jessica McCormick, and Christopher Samson; Litigation Support Specialist Ron Royal, and Criminal Investigator Nicole Hinson, all of the U.S. Attorney’s Office.
14-284Former School Employee Pleads Guilty to Enticing A MinorCharge Involves Series of Facebook MessagesRead the Press Release
WASHINGTON – Joseph A. Morales, 27, a former teacher’s aide at Cardozo Education Campus in the District of Columbia, pled guilty today to enticing a minor in violation of District of Columbia law, 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).
Morales, now of Brooklyn, N.Y., entered the guilty plea in the Superior Court of the District of Columbia. The Honorable Rhonda Reid Winston is to sentence him on Feb. 27, 2015. The charge carries a statutory maximum of five years in prison and a fine of up to $12,500.
According to the government's evidence, between May 2013 and May 2014, Morales engaged in a series of Facebook messaging sessions with a 16-year old student at the high school. During those sessions, Morales was employed as a teacher’s aide and substitute teacher, and had administrative duties at the school. He repeatedly asked the student for images of the student’s penis and asked that the student engage in sexual acts with him.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the guilty plea, 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 is prosecuting the case.
14-283District Man Sentenced to 14 Years in Prison for 2013 Murder in Southeast WashingtonShot Fired in Confrontation over Defendant’s WeaponRead the Press Release
WASHINGTON – Don Page, 24, of Washington, D.C., has been sentenced to a 14-year prison term for killing a man in June 2013 in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.
Page pled guilty in October 2014, in the Superior Court of the District of Columbia, to a charge of second-degree murder while armed. The plea, which was contingent upon the Court’s approval, called for a sentence within the range of 12 to 15 years. The Honorable Rhonda Reid Winston accepted the plea and sentenced Page on Dec. 18, 2014. Upon completion of his prison term, Page will be placed on five years of supervised release.
According to the government’s evidence, in the early morning hours of June 22, 2013, Page and the victim, Quentin White, 28, were each outside in the 3500 block of East Capitol Street SE with their respective groups of friends. A fight ensued when members of the group with Mr. White began chanting, “Free Khari,” a reference to Khari Williams, then 18, who at the time was in custody and awaiting trial for the murder of Angelo Payne. Mr. Payne, 23, was killed on Dec. 30, 2012 in Southeast Washington.
Mr. Payne and Page had been very close friends. Mr. White and Khari Williams were close friends. Page’s friends became involved in a physical altercation with friends of Mr. White. During the fight, Page retrieved a silver revolver and fired one shot into the air. Mr. White approached Page, with his hands up, and told Page to put the gun down and fight like a man. Page then pointed the gun at Mr. White and fired one shot at his chest, killing him. Page then fled in his car. He was arrested nearly two weeks later in Martinsburg, W. Va.
Khari Williams pled guilty in April 2014 to a charge of voluntary manslaughter for the slaying of Angelo Payne. He was sentenced in June 2014 to a 12-year prison term.
In announcing this week’s sentence, U.S. Attorney Machen commended the Metropolitan Police Department for its work on the investigation. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Debra Joyner and Victim/Witness Advocate Marcia Rinker. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Michelle Bradford, who investigated and indicted the case.
14-282Nevada Man Found Guilty by Jury of 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., has been found guilty by a jury of 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 today.
The jury verdict was returned Dec. 16, 2014, in the U.S. District Court for the District of Columbia. The Honorable Rosemary M. Collyer will sentence Williamson on March 10, 2015. Williamson faces a statutory maximum sentence of 10 years in prison.
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 verdict, 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.
14-280Maryland Man Pleads Guilty to Taking Part in Conspiracy to Distribute Cocaine in the Washington, D.C. AreaAlso Pleads Guilty to Federal Firearms Offense; Judge Sentences Him to Six-Year Prison TermRead the Press Release
WASHINGTON – Timon Otis Sandidge, 38, of Temple Hills, Md., pled guilty today to federal narcotics and firearms offenses for his role in a conspiracy to distribute large quantities of cocaine in the Washington, D.C., metropolitan area, 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).
Sandidge pled guilty in the U.S. District Court for the District of Columbia to one count of conspiracy to distribute and possess with intent to distribute cocaine. He also pled guilty to a related firearms offense. The Honorable Emmet G. Sullivan sentenced him to a six-year prison term, to be followed by five years of supervised release. The judge also ordered Sandidge to perform 100 hours of community service once he has completed his prison term.
Sandidge is among more than two dozen people charged in 2012 in connection with an investigation by the FBI/Metropolitan Safe Streets Task Force into a network that distributed cocaine in the Washington, D.C. area. According to the government’s evidence, he and other defendants conspired to carry out the drug operation from September 2010 through March of 2012, when it was broken up by law enforcement. The network operated in the District of Columbia and Maryland.
In his guilty plea, Sandidge admitted that, during the conspiracy, he purchased cocaine from a supplier on a regular basis. He accepted responsibility for at least two kilograms of cocaine powder, including amounts that he distributed and possessed with intent to distribute.
On Feb. 24, 2012, law enforcement conducted a search at Sandidge’s residence in Maryland. Law enforcement recovered a semi-automatic pistol in a dresser drawer in the bedroom. Law enforcement also recovered $3,000 in a safe in the closet of Sandidge’s bedroom, along with cocaine and other evidence. Another $564 in cash was found in the bedroom.
As part of his plea agreement, Sandidge agreed to the forfeiture of $3,564 and the gun.
This prosecution grew out of a long-term FBI/MPD alliance called the Safe Streets Task Force that targets violent drug trafficking gangs in the District of Columbia. The Safe Streets Initiative is funded in part by the Baltimore Washington High Intensity Drug Trafficking Area as well as the Organized Crime Drug Enforcement Task Force. The initiative involves more than 150 Safe Streets Task Forces across the country that combat street gangs by combining federal, state and local police resources. The task forces, which began in 1992 in Los Angeles and the District of Columbia, address gang activity, including drug-related crimes.
In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier thanked those who pursued the investigation from the FBI/MPD Safe Streets Task Force and other agencies. They expressed appreciation to the Prince George’s County, Md., Police Department, the U.S. Park Police, the U.S. Marshals Service, the Drug Enforcement Administration, and the Maryland State Police for their assistance in the investigation.
They also acknowledged the efforts of those who have worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Rommel Pachoca, Regan Gibson, Starla Stolk, Kim Hall, Teesha Tobias, Mary Downing, Candace Battle, Catherine O’Neal, Jeannette Litz, Carolyn Carter-McKinley, and Crystal Barclay; Legal Assistants Latoya Wade, Candice Sisco, Diane Brashears, and Tammy Scott, and Assistant U.S. Attorneys Michelle Zamarin and Thomas A. Gillice, who indicted and handled the majority of the investigation and case-related litigation.
Finally, they commended the work of Assistant U.S. Attorneys Stephen J. Gripkey and John K. Han, of the Violent Crime and Narcotics Trafficking Section, who began trial preparation and handled plea negotiations, and Assistant U.S. Attorneys Zia Faruqui and Anthony Saler and Arvind Lal, of the Asset Forfeiture and Money Laundering Section.
14-281Former Defense Department Employee Sentenced to 40 Months in Prison for $2.5 Million Health Care FraudRead the Press Release
Jonathan M. Hargett, a former civilian employee of the Department of Defense, was sentenced today to serve 40 months in prison on a charge of health care fraud stemming from a scheme in which he collected over $2.2 million after submitting fraudulent claims for federal health care benefits.
The sentencing was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Robert E. Craig Jr., Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS); Patrick E. McFarland, Inspector General for the Office of Personnel Management (OPM); Gregg Hirstein, Special Agent in Charge of the U.S. Department of Veterans Affairs (VA) Office of Inspector General, Central Field Office of Investigations; and Frank Robey, Director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit.
Hargett, 42, formerly of Germany, pleaded guilty on Sept. 8, 2014, in the U.S. District Court for the District of Columbia. He was indicted in October 2013, extradited from Germany, and returned to the United States in July 2014. He was sentenced by the Honorable Senior Judge Paul L. Friedman. Upon completion of his prison term, Hargett will be placed on three years of supervised release. The plea agreement also calls for Hargett to pay over $2.2 million in restitution to the United States. He also is subject to a forfeiture money judgment in the same amount. The government has seized more than $704,000 from Hargett’s bank accounts, and German authorities have seized or frozen over $500,000.
“Jonathan Hargett is headed to prison because he ripped off more than $2 million from the American taxpayer,” said U.S. Attorney Machen. “His bogus medical claims drained resources from a program designed to serve wounded veterans. Defending the integrity of federal health care programs is a top priority because it protects the funds needed to provide medical services to our veterans and other deserving citizens.”
“Protecting the integrity of the Department of Defense's programs and resources, to include health care funding, is of critical importance to the Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Craig. “When government personnel display a blatant disregard for the law and intentionally divert taxpayer money to enrich themselves, DCIS and our law enforcement partners will aggressively investigate, work to ensure prosecution to the fullest extent possible, and seek to recover all available funds so they may be returned to proper use.”
“The purpose of the Federal Employees Health Benefits Program is to provide for the health and well-being of federal employees, retirees, and their families,” said Inspector General McFarland of the OPM. “Through his unscrupulous actions, Mr. Hargett not only stole from enrollees and the American taxpayers, he also violated their trust. We are all gratified to see that he will be held accountable.”
“The VA's Foreign Medical Program is extremely important to veterans who need medical care while residing or traveling abroad,” said Special Agent in Charge Hirstein. “Today's sentencing reaffirms the VA Office of Inspector General's commitment to bring to justice those who steal from such programs which promote the health and well-being of our nation's deserving veterans.”
“We applaud Mr. Hargett's sentencing and are pleased that he has been brought to justice for fraud and stealing from the American taxpayer,” said Director Robey. “We cannot emphasize enough that if you attempt to steal and commit fraud against the DOD and U.S. Army, you will be caught and brought to justice. Mr. Hargett is a prime example.”
According to a statement of offense submitted to the Court at the time of the guilty plea, Hargett worked from 1996 through 2012 in various positions as a civilian employee for the Department of Defense in Germany. From January 2011 through May 2012, he was an intelligence analyst stationed in Heidelberg. Previously, he had served in the U.S. Army from 1992 to 1996.
As a federal employee stationed overseas, Hargett was enrolled since 2002 in the Foreign Service Benefit Plan (FSBP), a health care benefit program. Because of his service in the Army, he also was eligible for health care coverage from the U.S. Department of Veterans Affairs. For veterans working or residing abroad, the VA provides this coverage through its Foreign Medical Program (VA-FMP).
From January 2007 through April 2012, according to the statement of offense, Hargett carried out a scheme to submit fraudulent claims and invoices to the FSBP and the VA-FMP. The claims falsely represented that Hargett bought prescription medications and other pharmaceutical items from a pharmacy in Germany. They also falsely represented that he had received and paid for various health care items and services from a doctor in Germany. Hargett also created and submitted forged invoices and other fraudulent paperwork, and admitted creating many of the false invoices on his government computer at the U.S. Army base in Heidelberg, Germany.
All told, Hargett submitted more than $2.5 million in false claims to the two government health care programs, for items and services Hargett never received and never paid for. As a result, Hargett wrongfully obtained more than $2.2 million, including about $943,519 from the FSBP and $1,261,512 from the VA-FMP.
This case was investigated by the Defense Criminal Investigative Service, the Office of the Inspector General for the Office of Personnel Management, the Office of the Inspector General for the Department of Veterans Affairs, and the U.S. Army Criminal Investigation Command. Assistance was provided by the Office of International Affairs in the Justice Department’s Criminal Division; the Department of Defense; U.S. Army Europe (USAREUR) Legal Office; former Assistant U.S. Attorney Courtney G. Saleski; Paralegal Specialist Donna Galindo, and former Paralegal Specialist Nicole Wattelet.
The case was prosecuted by Assistant U.S. Attorneys Ted Radway and Peter Lallas, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, with assistance from Assistant U.S. Attorney Diane Lucas, of the office’s Asset Forfeiture and Money Laundering Section.
Former Defense Department Employee Sentenced to 40 Months in Prison for $2.5 Million Health Care Fraud-Veteran Admits Submitting Fraudulent Claims for Medical Expenses-Read the Press Release
WASHINGTON – Jonathan M. Hargett, a former civilian employee of the Department of Defense, was sentenced today to 40 months in prison on a charge of health care fraud stemming from a scheme in which he collected over $2.2 million after submitting fraudulent claims for federal health care benefits.
The sentencing was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Robert E. Craig, Jr., Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS); Patrick E. McFarland, Inspector General for the Office of Personnel Management (OPM); Gregg Hirstein, Special Agent in Charge of the U.S. Department of Veterans Affairs (VA) Office of Inspector General, Central Field Office of Investigations; and Frank Robey, Director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit.
Hargett, 42, formerly of Germany, pled guilty on Sept. 8, 2014, in the U.S. District Court for the District of Columbia. He was indicted in October 2013, extradited from Germany, and returned to the United States in July 2014. He was sentenced by the Honorable Senior Judge Paul L. Friedman. Upon completion of his prison term, Hargett will be placed on three years of supervised release. The plea agreement also calls for Hargett to pay over $2.2 million in restitution to the United States. He also is subject to a forfeiture money judgment in the same amount. The government has seized more than $704,000 from Hargett’s bank accounts, and German authorities have seized or frozen over $500,000.
“Jonathan Hargett is headed to prison because he ripped off more than $2 million from the American taxpayer,” said U.S. Attorney Machen. “His bogus medical claims drained resources from a program designed to serve wounded veterans. Defending the integrity of federal health care programs is a top priority because it protects the funds needed to provide medical services to our veterans and other deserving citizens.”
“Protecting the integrity of the Department of Defense's programs and resources, to include health care funding, is of critical importance to the Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Craig. “When government personnel display a blatant disregard for the law and intentionally divert taxpayer money to enrich themselves, DCIS and our law enforcement partners will aggressively investigate, work to ensure prosecution to the fullest extent possible, and seek to recover all available funds so they may be returned to proper use.”
“The purpose of the Federal Employees Health Benefits Program is to provide for the health and well-being of Federal employees, retirees, and their families,” said Inspector General McFarland of the OPM. “Through his unscrupulous actions, Mr. Hargett not only stole from enrollees and the American taxpayers, he also violated their trust. We are all gratified to see that he will be held accountable.”
“The VA's Foreign Medical Program is extremely important to veterans who need medical care while residing or traveling abroad,” said Special Agent in Charge Hirstein. “Today's sentencing reaffirms the VA Office of Inspector General's commitment to bring to justice those who steal from such programs which promote the health and well-being of our nation's deserving veterans.”
We applaud Mr. Hargett's sentencing and are pleased that he has been brought to justice for fraud and stealing from the American taxpayer,” said Director Robey of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. “We cannot emphasize enough that if you attempt to steal and commit fraud against the DOD and U.S. Army, you will be caught and brought to justice. Mr. Hargett is a prime example.”
According to a statement of offense submitted to the Court at the time of the guilty plea, Hargett worked from 1996 through 2012 in various positions as a civilian employee for the Department of Defense in Germany. From January 2011 through May 2012, he was an intelligence analyst stationed in Heidelberg. Previously, he had served in the U.S. Army from 1992 to 1996.
As a federal employee stationed overseas, Hargett was enrolled since 2002 in the Foreign Service Benefit Plan (FSBP), a health care benefit program. Because of his service in the Army, he also was eligible for health care coverage from the U.S. Department of Veterans Affairs. For veterans working or residing abroad, the VA provides this coverage through its Foreign Medical Program (VA-FMP).
From January 2007 through April 2012, according to the statement of offense, Hargett carried out a scheme to submit fraudulent claims and invoices to the FSBP and the VA-FMP. The claims falsely represented that Hargett bought prescription medications and other pharmaceutical items from a pharmacy in Germany. They also falsely represented that he had received and paid for various health care items and services from a doctor in Germany. Hargett also created and submitted forged invoices and other fraudulent paperwork, and admitted creating many of the false invoices on his government computer at the U.S. Army base in Heidelberg, Germany.
All told, Hargett submitted more than $2.5 million in false claims to the two government health care programs, for items and services Hargett never received and never paid for. As a result, Hargett wrongfully obtained more than $2.2 million, including about $943,519 from the FSBP and $1,261,512 from the VA-FMP.
This case was investigated by the Defense Criminal Investigative Service, the Office of the Inspector General for the Office of Personnel Management, the Office of the Inspector General for the Department of Veterans Affairs, and the U.S. Army Criminal Investigation Command. Assistance was provided by the Office of International Affairs in the Justice Department’s Criminal Division; the Department of Defense; U.S. Army Europe (USAREUR) Legal Office; former Assistant U.S. Attorney Courtney G. Saleski; Paralegal Specialist Donna Galindo, and former Paralegal Specialist Nicole Wattelet.
The case was prosecuted by Assistant U.S. Attorneys Ted Radway and Peter Lallas, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, with assistance from Assistant U.S. Attorney Diane Lucas, of the office’s Asset Forfeiture and Money Laundering Section.
14-279District Man Sentenced to 16 Years in Prison for Shooting That Seriously Wounded Eight-Year-Old GirlGunfire Followed Attempted Robbery in Middle of Afternoon at Southeast Washington Apartment BuildingRead the Press Release
WASHINGTON – Karie Brown, 20, of Washington, D.C., was sentenced today to 16 years in prison for a shooting outside an apartment building in Southeast Washington that seriously wounded an eight-year-old girl, U.S. Attorney Ronald C. Machen Jr. announced.
Brown pled guilty in October 2014, in the Superior Court of the District of Columbia, to charges of aggravated assault while armed; assault with intent to rob while armed, and unlawful possession of a firearm by a convicted felon. The plea, which was contingent upon the Court’s approval, called for a sentence of 14 ½ to 21 ½ years in prison. The Honorable Rhonda Reid Winston accepted the plea and sentenced Brown today. Upon completion of his prison term, Brown will be placed on five years of supervised release.
A co-defendant, Nathaniel Patten, 22, also of Washington, D.C., pled guilty in November 2014 to charges of assault with intent to commit robbery while armed and unlawful possession of a firearm by a convicted felon. He is to be sentenced March 5, 2015.
“An innocent eight-year-old girl, playing in the snow on a day off from school, was struck by a bullet of a man trying to rob a marijuana dealer,” said U.S. Attorney Machen. “She was nearly killed by the reckless actions of violent men with no regard for the safety of others. We only hope that this sentence brings some comfort and closure to this little girl, her family, and our community.”
According to the government’s evidence, Brown and Patten decided on the afternoon of Friday, Feb. 14, 2014 to rob an individual they believed sold marijuana. Brown and Patten were armed with a .22-caliber Ruger semi-automatic pistol, which Brown was carrying. The men headed to the 1200 block of Valley Avenue SE, an area they knew that the individual had frequented.
Brown and Patten pretended to be waiting to gain access to a locked apartment building on the block. The eight-year-old girl – who was going outside to play in the snow - held the door open for them. Brown and Patten then followed the individual who they were targeting into the building as he went upstairs. They then attempted to rob him and gain access to an apartment that he was about to enter. The individual escaped and ran downstairs. Brown shot once at the individual while inside the building and then fired multiple shots at him outside.
The shots missed the individual, but hit the girl in the torso.
The bullet that hit the child struck inches from her heart. It caused severe bleeding, and she was rushed to an emergency room and placed in critical care. She required immediate surgery and could have died but for the timely intervention of medical assistance.
According to the government’s evidence, Brown and Patten fled together, not stopping to provide any assistance to their young victim, and Brown discarded the firearm, which was found by the Metropolitan Police Department (MPD). The defendants were both found and arrested soon after the shooting in the 3500 block of Wheeler Road SE. After his arrest, Brown gave an interview to law enforcement and admitted that he had attempted to rob the individual and that he shot at that person outside the building.
The firearms charge stemmed from the fact that Brown had previously been convicted of a charge of conspiracy to commit robbery, in an unrelated case.
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 Muyiwa Bamiduro; Paralegal Specialist Theresa Nelson; Victim/Witness Advocate Jennifer Clark, and Victim/Witness Security Specialist Tanya Via. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Tejpal S. Chawla and Kendra Briggs, who investigated and prosecuted the case.
14-278Forrester Construction Company Agrees to Pay $2.15 Million, Admits Abuse of Certified Business Enterprise ProgramCompany Also Agrees to Extensive Corporate Remediation and Compliance MeasuresRead the Press Release
WASHINGTON Forrester Construction Company has agreed to pay $2.15 million to the United States and implement internal reforms to resolve a criminal investigation into alleged fraud committed by the company in connection with the use of Certified Business Enterprises (CBEs) in the procurement of more than $145 million in District of Columbia government contracts. The internal reforms will be subject to independent review and reporting.
As part of the resolution, Forrester Construction admitted that it improperly entered into written letter agreements and “Action of Management Committee” memoranda with the CBE participants to joint ventures that were not disclosed to the District of Columbia during the contract procurement process. As a result, the company admitted, both Forrester Construction and the CBE partners failed to follow the required CBE rules and regulations.
The resolution was announced 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; Daniel W. Lucas, Inspector General for the District of Columbia, and Peggy E. Gustafson, Inspector General of the U.S. Small Business Administration (SBA-OIG).
The announcement concludes a two-year investigation into Forrester Construction, a firm based in Rockville, Md., as well as its CBE partners on the joint venture projects.
Under the terms of a non-prosecution agreement reached with the U.S. Attorney’s Office for the District of Columbia, Forrester Construction agreed to pay $2.15 million to the United States and accepted and acknowledged responsibility for its improper conduct, as described in a Statement of Facts. The company also agreed to undertake various remedial measures to ensure compliance with the requirements of the District of Columbia’s CBE program (or any such equivalent on federal government projects) and the U.S. Small Business Administration’s 8(a) program, insofar as the company undertakes projects involving CBEs or 8(a) companies in the future.
Both the District of Columbia's CBE program and SBA’s 8(a) program are meant to help small, disadvantaged businesses access government procurement markets.
The remedial measures include the hiring or designation of a CBE and 8(a) Compliance Officer, as well as an Ethics Officer; the implementation of a comprehensive training program for all company personnel regarding compliance with the CBE and 8(a) programs; maintaining an effective compliance and ethics program, and continuing cooperation with law enforcement. Significantly, individual employees directly associated with the inappropriate conduct are no longer employed by the company.
Additionally, the company agreed to undertake community service intended to develop improvements in the CBE and 8(a) programs going forward. Forrester Construction agreed to offer workshops, either individually or in collaboration with an industry trade association, aimed at providing training with respect to the rules and regulations of the CBE and 8(a) programs, among other topics relating to the construction industry.
This case is the latest example of law enforcement efforts to protect the integrity of CBE programs. Michael A. Brown, a former member of the Council of the District of Columbia, pled guilty in 2013 to a federal bribery charge stemming from an undercover investigation in which he accepted $55,000 from FBI agents posing as employees of a company that purportedly wanted CBE approval and contracting opportunities. Brown is serving a 39-month prison term.
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“Forrester won lucrative D.C. construction contracts by exploiting a program designed to help disadvantaged local businesses,” said U.S. Attorney Machen. “Forrester entered secret side deals that wrested control of those contracts away from their historically under-represented partners and undermined the purpose of the CBE program. In addition to paying $2.15 million, Forrester has agreed to implement and fund industry-leading compliance programs within the company and provide training to other participating corporations on the rules and regulations of the CBE and 8(a) programs. This prosecution, along with the investigation and conviction of former D.C. Council member Michael Brown, highlights law enforcement’s efforts to prevent fraud and abuse in programs intended to promote fairness and equality in the awarding of city government contracts.”
“By changing the terms of joint ventures with small disadvantaged businesses and not reporting them to the D.C. government, Forrester Construction circumvented the foundation of the CBE program and used their proceeds to increase their own bottom line,” said Assistant Director in Charge McCabe. “By doing so, Forrester did a grave disservice to the D.C.-based CBE certified companies that work to support local job creation and grow our local economy. The FBI, along with the SBA, will continue to investigate companies that abuse procurement laws.”
“The agreement to settle this criminal investigation demonstrates this Office’s commitment along with our federal partners, the SBA-OIG, the FBI, and the United States Attorney’s Office, to ensure that businesses which receive District of Columbia government contracts and participate in programs designed to help small and disadvantage businesses, like the District’s CBE program and the federal SBA 8(a) program, are expected to comply fully with program requirements,” said Inspector General Lucas of the District of Columbia.
“These joint ventures principally served the interests of Forrester Construction Company to make money and to obtain contracting opportunities otherwise unavailable to them,” said SBA Inspector General Gustafson. “Joint ventures involving SBA program participants should be structured and executed to give the small business an opportunity to gain experience and technical knowledge and to further develop their business. I want to thank the U.S. Attorney’s Office for its leadership in reaching this agreement.”
According to the Statement of Facts agreed to by the company, between 2008 and 2009, Forrester Construction formed multiple joint ventures with CBEs for the purpose of bidding on construction contracts in the District of Columbia.
Three joint ventures formed by Forrester Construction and one of the CBEs, EEC of D.C., Inc., were awarded construction contracts from the District of Columbia. These contracts, including change order amounts, totaled approximately $64 million for construction of a new headquarters building for the Department of Employment Services; approximately $5.4 million for construction of a Senior Wellness Center in Ward 1, and approximately $56 million for the renovation and modernization of the existing Anacostia Senior High School building.
Forrester Construction also formed joint ventures with another CBE, and those joint ventures were also awarded construction contracts from the District of Columbia, which were, over a period of approximately three years, in an aggregated amount in excess of $20 million.
In each of these various projects, the joint venture formed by Forrester Construction and the respective CBE partner received the maximum amount of contracting preferences for which the CBE partner was eligible, which provided Forrester Construction and the respective CBE partner with a competitive advantage during the bidding process.
As part of its joint venture submissions to the District of Columbia Department of Small and Local Business Development (DSLBD), Forrester Construction and its respective CBE partner represented that the CBE partner would be the majority partner and maintain a 51% interest in the joint venture, entitling the CBE partner to 51% of the net operating profits of the joint venture. Each joint venture agreement also established a “Management Committee,” consisting of two representatives from the CBE partner and one representative from Forrester Construction, which provided the CBE partner with majority control of the joint venture.
After each joint venture for the projects was submitted to, and certified by, the DSLBD, however, Forrester Construction and the respective CBE partner signed a memorandum entitled “Action of Management Committee” or signed a letter agreement, which related to the operations of each joint venture. The memoranda and/or letter agreements effectively increased Forrester Construction’s control over the day-to-day operations of the projects and reduced the CBE partner’s share of the profits or losses in the projects -- notwithstanding the requirements of the joint venture agreements and the CBE rules and regulations. Forrester Construction and the CBE partner did not disclose these “Action of Management Committee” memoranda or the letter agreements to the District of Columbia government during the procurement process.
The “Action of Management Committee” memoranda also revised the respective scope of work and services that Forrester Construction and the CBE partner would provide to certain of the projects. In each instance, the “Action of Management Committee” memorandum applicable to the particular project identified a small scope of work for the CBE partner to complete and provided that Forrester Construction would provide all remaining general conditions, subcontract work, and all other work required to fulfill the requirements of the project.
For example, with respect to the Anacostia Senior High School joint venture, the applicable “Action of Management Committee” memorandum provided that the scope of work for the CBE equated to approximately $2.75 million, while the scope of work for Forrester Construction equated to approximately $46 million. The “Action of Management Committee” memoranda also established a pre-determined profit for the joint venture that specifically excluded any profits earned or losses sustained by either Forrester Construction or the CBE partner for their respective scope of work. Moreover, Forrester Construction and the CBE partner agreed that only the pre-determined profit, exclusive of each partner’s individual “scope of work,” would be split in the proportions agreed to in the joint venture agreement (i.e., 51% for the CBE partner and 49% for Forrester Construction). All other profits or losses generated through an individual scope of work would belong to the respective entity.
All of the work was performed under the various contracts. However, as a result of the letter agreements and “Action of Management Committee” memoranda, the CBE participant for each of the projects did not maintain majority control of the projects and did not receive 51% of the profits or losses associated with the projects, as required by the joint venture agreements and in accordance with the CBE rules and regulations.
This investigation was conducted by the FBI’s Washington Field Office; the Criminal Investigation Unit of the U.S. Attorney’s Office for the District of Columbia; the District of Columbia’s Office of the Inspector General, and the SBA Office of Inspector General.
The prosecution is being handled by Assistant U.S. Attorneys David A. Last, Richard DiZinno, and Michael K. Atkinson, of the U.S. Attorney’s Office for the District of Columbia.
Assistance is being provided by Criminal Investigators Juan Juarez and Stephen Cohen; Forensic Accountant Maria Boodoo; Paralegal Specialists Tasha Harris, Angela Lawrence, and Heather Sales; Litigation Technology Specialist Leif Hickling, and Assistant U.S. Attorney Anthony Saler, all of the U.S. Attorney’s Office for the District of Columbia.
14-275Federal Contractors Eyak Technology LLC and Eyak Services LLC Resolve False Claims Act and Anti-Kickback Act AllegationsClaims Were Submitted to the U.S. Army Corps of EngineersRead the Press Release
WASHINGTON – Alaska and Virginia-based technology contractors Eyak Technology LLC (EyakTek) and Eyak Services LLC (ESL) have agreed to pay $2.5 million and relinquish any rights to additional payments from the United States to resolve allegations that they submitted false claims to the U.S. Army Corps of Engineers, the Justice Department announced today.
EyakTek and its sister company, ESL, provide healthcare, information technology, communications and infrastructure services to the U.S. government. Both are subsidiaries of The Eyak Corporation, headquartered in Anchorage, Alaska.
“This settlement demonstrates our willingness to use every tool of civil and criminal law in our arsenal to defend the American taxpayer from corruption in contracting,” said U.S. Attorney Ronald C. Machen Jr. “The criminal investigation into this wide-ranging bribery and kickback scheme has now resulted in the convictions of 20 individuals, including EyakTek’s former contracts director. We have aggressively pursued asset forfeitures in the criminal proceedings to make the taxpayer whole and to deprive wrongdoers of their ill-gotten gains. This civil settlement sends a message to contractors who try to cheat in the competition for government funds.”
“Federal government contractors and their employees must adhere to high standards in their dealings with the government,” said Acting Assistant Attorney General Joyce R. Branda for the Justice Department’s Civil Division. “We will vigorously pursue those who pay kickbacks or otherwise engage in conduct that undermines the integrity of the contracting process.”
From 2005 to 2011, EyakTek held a $1 billion prime contract with the U.S. Army Corps of Engineers known as the Technology for Infrastructure, Geospatial, and Environmental Requirements contract.
The government alleged that, between Sept. 12, 2007, and Oct. 4, 2011, EyakTek’s then-director of contracts, Harold Babb, accepted kickbacks from several subcontractors of EyakTek and ESL in return for using his position to direct subcontracts to them. EyakTek and ESL allegedly submitted invoices to the Army Corps that included charges for work that was never performed by the subcontractors and lacked internal controls to detect the improper charges.
In March 2012, Babb pled guilty in the U.S. District Court for the District of Columbia to bribery and kickback charges. He later was sentenced by the Honorable Emmet G. Sullivan to 87 months in prison, to be followed by 36 months of supervised release and more than $9 million in restitution for his role in the kickback scheme.
The Army Corps stopped payments to EyakTek and ESL when the alleged scheme came to light. As part of the settlement, EyakTek and ESL will withdraw any appeals seeking the return of those funds, and relinquish all rights to any payments that have been withheld.
“This is yet another prime example of our commitment, along with other fellow law enforcement agencies to hold people and companies accountable for each and every detail of their contracts with the U.S. government and the U.S. Army,” said Director Frank Robey of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. “Our agents will continue to aggressively investigate and identify any potential abuses that arise in regard to the contracting process.”
“Manipulations of the Department of Defense procurement process will not be tolerated,” said Special Agent in Charge Robert Craig for the Defense Criminal Investigative Service (DCIS) Mid-Atlantic Field Office. “Today’s settlement demonstrates the commitment by DCIS and its partner agencies to hold accountable companies who attempt to bypass federal contracting laws.”
Today’s settlement is the result of a coordinated effort among the department’s Civil Division, the U.S. Attorney’s Office for the District of Columbia, the U.S. Army Corps of Engineers, DCIS, the Defense Contract Audit Agency, the Army’s Major Procurement Fraud Unit and the Small Business Administration.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
14-276District Man Found Guilty of 1997 Murder of Woman in Northwest WashingtonDNA Linked Defendant to CrimeRead the Press Release
WASHINGTON – John F. General, 50, formerly of Washington, D.C., was found guilty by a jury today of second-degree murder for the 1997 murder of a woman in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
The verdict followed a trial in the Superior Court of the District of Columbia. The Honorable Lynn Leibovitz scheduled sentencing for Feb. 27, 2015.
According to the government’s evidence, on the morning of Nov. 26, 1997, the partially clothed body of the victim, Deborah McKinney, was discovered in a stairwell of an apartment building in the 900 block of M Street NW. The District of Columbia’s Office of the Chief Medical Examiner determined that Ms. McKinney, 38, was killed by means of asphyxiation.
Although there were no eyewitnesses to this murder, the government’s evidence showed that Ms. McKinney encountered the defendant and that a violent encounter ensued.
General was identified as a suspect in January 2010 through the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool. General’s DNA was in the system as a result of an earlier conviction in a case in the District of Columbia. DNA testing confirmed that his blood and semen were on the scene of Ms. McKinney’s attack.
He was arrested in May of 2010 and is in custody pending his sentencing.
This case is among a series of successful prosecutions of older homicide cases following investigations by the Metropolitan Police Department (MPD) and the U.S. Attorney’s Office. Working with the MPD and other law enforcement partners, the U.S. Attorney’s Office has a specially designated Cold Case Unit that prosecutes these older cases. All told, more than 20 defendants have been convicted of older homicides since 2009.
In announcing the verdict, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the assistance provided by the District of Columbia’s Office of the Chief Medical Examiner and the District of Columbia Department of Forensic Services. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Assistant U.S. Attorney Amanda Haines; Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Litigation Technology Specialist Leif Hickling; Paralegal Specialists Sandra Lane, Mia Beamon, and Paralegal Specialists Jason Manuel and Benjamin Kagan-Guthrie, and Victim/Witness Security Specialists David Foster and Katina Adams.
Finally, he commended the work of Assistant U.S. Attorneys Sharon Donovan and Adrienne Dedjinou, who prosecuted the case.
14-277Maryland Man Pleads Guilty to Sexually Assaulting Woman in Northwest Washington Woods-Defendant Assaulted Victim in Glover-Archbold Park -Read the Press Release
WASHINGTON – Christopher Wallace, 30, formerly of Bladensburg, Md., pled guilty today to a charge of attempted first-degree sexual abuse for attempting to sexually assault a woman in a park last spring, U.S. Attorney Ronald C. Machen Jr. announced.
Wallace entered the guilty plea in the Superior Court of the District of Columbia. The Honorable Rhonda Reid Winston is to sentence him on Feb. 27, 2015. Wallace faces a statutory maximum of 15 years of imprisonment as well as a potential fine. 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 plea, 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.
14-273District Man Sentenced to 15-Year Prison Term for 2013 Murder in Southeast Washington-Shooting Took Place in Front of Elementary School-Read the Press Release
WASHINGTON – Anthony Williams, 18, of Washington, D.C., was sentenced today to a 15-year prison term for a murder that took place in November 2013 in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Williams pled guilty in October 2014, in the Superior Court of the District of Columbia, to a charge of second-degree murder while armed. The plea, which was contingent upon the Court’s approval, called for a 15-year prison term. The Honorable John Ramsey Johnson accepted the plea today and sentenced Williams accordingly. Following completion of his prison term, Williams will be placed on five years of supervised release.
According to the government’s evidence, the victim, James Edward Booker, 24, was walking in the 3200 block of 6th Street SE, in front of Martin Luther King Jr. Elementary School, at about 9:55 p.m. on Nov. 5, 2013. He was approached from behind by Williams and two unidentified accomplices. Williams had a handgun in his right hand, and stood in front of Mr. Booker, blocking his path. He then pointed the weapon at Mr. Booker, who turned to run away. Williams began firing the gun, shooting Mr. Booker multiple times as he ran up 6th Street. Williams and the others then fled the scene.
Mr. Booker was taken to a hospital and pronounced dead about two hours after the shooting. Williams has been in custody since his arrest a week after the murder.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by the Office of the Chief Medical Examiner for the District of Columbia. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kelly Blakeney; Litigation Technology Specialists William Henderson and Paul Howell; Investigative Analyst Zachary McMenamin, and former Assistant U.S. Attorney Lara Worm, who investigated the case. Finally, he thanked Assistant U.S. Attorney Kendra Briggs, who investigated and prosecuted the matter.
14-272District Man Found Guilty of First-Degree Murder While Armed in 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 found guilty by a jury today of two counts of first-degree murder while armed for the killings of siblings Jamie and Jamal Jenkins in July 2013, U.S. Attorney Ronald C. Machen Jr. announced.
The jury also found Walker guilty of two related firearms offenses. The verdicts followed a trial in the Superior Court of the District of Columbia. The Honorable Russell F. Canan scheduled sentencing for March 12, 2015.
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. Prior to 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 verdicts, 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.
14-274New York Man Sentenced to 33 Months in Prison for Making Threats Against Member of CongressCommunicated Threats by Phone and E-MailRead the Press Release
WASHINGTON – Aniruddha Sherbow, 44, whose last known address was in Poughkeepsie, N.Y., was sentenced today to 33 months in prison for making a series of threats against Congresswoman Tulsi Gabbard, U.S. Representative for the 2nd District of Hawaii.
The sentencing was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, Kim C. Dine, Chief of the United States Capitol Police, and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
Sherbow entered a plea of nolo contendere on Feb. 21, 2014, in the U.S. District Court for the District of Columbia, to two counts of transmission of threats in interstate commerce. Under a nolo contendere plea, a defendant is convicted of the offense, accepts responsibility, and agrees that the government could prove him guilty beyond a reasonable doubt. However, the defendant in such a plea does not admit to the facts of the case.
The Honorable Reggie B. Walton accepted the plea and sentenced Sherbow today. Following his prison term, Sherbow will be placed on three years of supervised release. During that time, Sherbow is barred from any direct or indirect contact with Congresswoman Gabbard. Judge Walton also ordered Sherbow to pay $538,282 in restitution to the United States government, as reimbursement for security expenses incurred as a result of his threats. Finally, the judge ordered Sherbow to get a mental health evaluation and treatment, if necessary.
Sherbow was arrested on Aug. 28, 2013, in Tijuana, Mexico, by Policia Estatal Preventiva, Baja California State Police Fugitive Unit, pursuant to a federal arrest warrant issued in the U.S. District Court for the District of Columbia. He has been in custody ever since. In addition to New York, Sherbow has lived in California, Mexico, and Hawaii.
According to the government’s evidence, Sherbow had been harassing Congresswoman Gabbard since approximately February 2011, including making threats via email and telephone. The charges relate to two such threats, made in August of 2013.
On Aug. 1, 2013, Sherbow left a voicemail message on Congresswoman Gabbard’s phone in which he threatened to kill her. Congresswoman Gabbard was in Washington, D.C., when she received the threatening message. On Aug. 3, 2013, Sherbow, identifying himself by name, sent an e-mail to Congresswoman Gabbard and others, including the FBI. The subject and body of this e-mail also contained threats directed at Congresswoman Gabbard.
In announcing the sentence, U.S. Attorney Machen, Chief Dine, and Assistant Director in Charge McCabe commended the work of those who investigated the case from the U.S. Capitol Police and the FBI. They also expressed appreciation for the work of the Policia Estatal Preventiva, Baja California State Police Fugitive Unit; U.S. Customs and Border Protection, San Ysidro, and the San Diego and Honolulu Divisions of the FBI for their crucial work and joint collaboration in apprehending the defendant. Finally, they acknowledged the efforts of Assistant U.S. Attorneys Michael C. DiLorenzo and Christopher Kavanaugh, who investigated and prosecuted the case.
14-271Former District of Columbia Schools Compliance Officer Sentenced on Wire Fraud and Conflict-of-Interest ChargesDefendant’s Private Transportation Company Collected More Than $460,000 in Fraudulent PaymentsRead the Press Release
WASHINGTON – Donnie Dukes, a former compliance officer for the District of Columbia Public Schools, was sentenced today to a month in jail, to be followed by six months of home confinement, for carrying out a scheme involving more than $460,000 in fraudulent payments to a private transportation company that he owned and controlled.
The sentence was announced by U.S. Attorney Ronald C. Machen Jr.; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; Daniel W. Lucas, District of Columbia Inspector General, and Christopher Cooper, Assistant Special Agent in Charge of the U.S. Department of Education Office of Inspector General's Mid-Atlantic Regional Office.
Dukes, 41, of Hyattsville, Md., pled guilty on Jan. 22, 2014, in the U.S. District Court for the District of Columbia, to wire fraud and conflict-of-interest charges. He was sentenced by the Honorable Ketanji Brown Jackson. Following his home detention, Dukes will be placed on three years of probation. He also must pay $463,621 in restitution to the District of Columbia.
According to the government’s evidence, Dukes worked from October 2008 until October 2010 as a compliance officer for the District of Columbia Public Schools (DCPS). His duties included making arrangements for transportation for the special needs students who received education services outside of the District of Columbia.
At the same time, however, Dukes owned and controlled a private company that provided, among other services, transportation to students who needed to travel from the District of Columbia to education centers outside of the District of Columbia for special services.
While working at DCPS, Dukes personally referred, or caused colleagues of his at DCPS to refer, 86 out-of-state student transports to his company, resulting in the firm receiving $325,000 in payments from the District of Columbia Office of the State Superintendent of Education. Of this, the government’s evidence showed, $163,621 involved illegitimate expenses.
Dukes was terminated from DCPS in October 2010 as part of an overall reduction in the workforce. He then schemed to obtain non-public lists of students needing transportation services from his former colleagues at DCPS. Dukes later used these lists to create false invoices and supporting documentation for payments to his company in the names of the students. Dukes created 60 false invoices and supporting documentation through this scheme, causing the District of Columbia Office of the State Superintendent of Education to pay his company $300,000 for transportation services that never were provided.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, Inspector General Lucas, and Assistant Special Agent in Charge Cooper commended the work of those who investigated the case from the FBI’s Washington Field Office, the District of Columbia Office of Inspector General, and the U.S. Department of Education’s Office of Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Legal Assistant Nicole Wattelet and Assistant U.S. Attorney Seth B. Waxman, who prosecuted the case.
14-270Four Men Indicted on Charges in 2011 Kidnapping of Mother and Teenage Son in the PhilippinesTwo U.S. Nationals Were Taken Hostage While on Family VacationRead the Press Release
WASHINGTON – Four Philippine nationals were indicted today on conspiracy, hostage-taking, and weapons charges stemming from the kidnapping in the Philippines of a mother and her then 14-year-old son in July of 2011. The indictment alleges that the group held the mother for approximately 82 days and the son for approximately 151 days, and forced the family to pay ransom for their return. The victims, both U.S. nationals, were in the Philippines on a family trip.
The indictment, returned by a grand jury in the U.S. District Court for the District of Columbia, was announced by John P. Carlin, Assistant Attorney General for National Security; Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Stephanie Yonekura, Acting U.S. Attorney for the Central District of California, and Bill L. Lewis, Assistant Director in Charge of the FBI’s Los Angeles Field Office.
The four men are identified as John Does, but are also known as Furuji Indama, Radzmil Jannatul, Muadz, and Abu Basim. Each is charged with one count of conspiracy to commit hostage-taking, two counts of hostage-taking, one count of conspiracy to use, carry, brandish and discharge a firearm during a crime of violence, and one count of using, carrying, brandishing and discharging a firearm during a crime of violence and aiding and abetting and causing an act to be done. None of the defendants is in custody.
If extradited to the United States and convicted of these charges, each defendant would face a maximum term of life in prison.
“While on a family vacation overseas, a Virginia mother and her teenage son were captured, forced into boats at gunpoint, and taken to an island where they were held hostage for ransom,” said U.S. Attorney Machen. “This indictment charges four Philippine men for their alleged roles in taking these Americans hostage and holding them captive for months in terrifying conditions. We remain focused on apprehending and extraditing these men so that they can face these charges in a courtroom in our nation’s capital.”
“The four men indicted are alleged to have been involved in the hostage-taking of two U.S. citizens vacationing in the Philippines more than three years ago,” said Assistant Attorney General Carlin. “Hostage-takers who target our citizens with captivity and violence anywhere in the world should know that we will pursue them and seek to bring them to justice, however long it takes.”
“The victim family in this case experienced great suffering when a mother and son were violently kidnapped and held by the defendants overseas, while family members in the United States endured for months without knowing the fate of their loved ones,” said Assistant Director Lewis, of the FBI’s Los Angeles Field Office. “It should be noted that, following the mother’s release, her son was held for months before valiantly escaping his captors. The charges in this case are the result of a joint investigation by the FBI and law enforcement partners in the Philippines, one of many countries with whom we work to identify those responsible for victimizing American citizens abroad and build cases for potential prosecution.”
According to the indictment, the defendants and co-conspirators kidnapped the two United States nationals on or about July 12, 2011. The woman, then age 43, and her then 14-year-old son were taken hostage from a beach cottage on Tictabon Island, several miles from the mainland of Zamboanga City in the southern Philippines.
Both hostages were forced into boats at gunpoint, brought to another island, Basilan Island, and forced to march to a camp where they were held until September 2011. The two were then forced to march to another camp, also on Basilan Island.
The indictment alleges that the defendants and their co-conspirators threatened to kill the hostages, and that they used firearms, including handguns, semiautomatic assault weapons, and destructive devices to keep and detain them. The indictment also alleges that the group demanded ransom from a family member of the hostages and did, in fact, cause a family member to make bank transfers as ransom payments.
The group released the mother on or about Oct. 2, 2011, but retained her teenage son as a hostage, and demanded that she pay a large ransom for his release. The son eventually escaped from his captivity on or about Dec. 9, 2011.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws. Every defendant is presumed innocent until and unless found guilty.
The charges were the result of an investigation led by the FBI’s Los Angeles Field Office. The case is being prosecuted by Assistant U.S. Attorneys Courtney Spivey Urschel and Thomas A. Gillice of the U.S. Attorney’s Office for the District of Columbia, Assistant U.S. Attorney Christopher Grigg of the U.S. Attorney’s Office for the Central District of California, and Trial Attorney T. J. Reardon III of the Counterterrorism Section of the National Security Division of the Department of Justice. Former Assistant U.S. Attorney Anthony Asuncion and Assistant U.S. Attorney George P. Varghese, now with the U. S. Attorney’s Office for the District of Massachusetts, investigated the case prior to indictment.
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