District of Columbia

WASHINGTON - Lenard Fleming, 34, a former corrections officer who worked for the Corrections Corporation of America (CCA), was sentenced today to 27 months in prison after earlier pleading guilty to a bribery charge for accepting money to smuggle contraband into the District of Columbia’s Correctional Treatment Facility.

            The sentencing was announced by U.S. Attorney Ronald C. Machen Jr.; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; and Thomas N. Faust, Director of the District of Columbia Department of Corrections.

            Fleming, of District Heights, Md., pled guilty in November 2014 in the U.S. District Court for the District of Columbia to one count of bribery.  He was sentenced by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Fleming will be placed on two years of supervised release.

            According to the government’s evidence, Fleming had worked for the Corrections Corporation of America (CCA) as a corrections officer at the Correctional Treatment Facility.  CCA, a private company, has a contract to provide services to the D.C. Jail.

            During the investigation, the FBI recovered contraband from an inmate at the Correctional Treatment Facility in January 2014. Fleming admitted that he smuggled items for the same inmate through that inmate’s contacts outside of the Correctional Treatment Facility. Fleming received cash payments in exchange for smuggling cigarettes and, on one occasion, an iPhone, into the Correctional Treatment Facility for delivery to the inmate.

            Fleming was terminated by CCA in February 2014 following a complaint that he was smuggling contraband into the facility for another inmate.  CCA was presented with allegations that Fleming met several times with the wife of another inmate.  On each occasion, the inmate’s wife provided Fleming cash in exchange for Fleming smuggling cigarettes and synthetic marijuana into the facility and delivering it to the inmate. Fleming was arrested April 30, 2014.

            In a related investigation, another former corrections officer at the Correctional Treatment Facility, Darren Malry, 52, pled guilty in October 2014, to a bribery charge. According to the government’s evidence, on March 11, 2014, Malry smuggled contraband into the facility for an inmate.  Malry was arrested that day. Malry is to be sentenced March 25, 2015.

            In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Director Faust commended the work of those who jointly worked the case, including agents from the FBI’s Washington Field Office, investigators from the District of Columbia Department of Corrections Office of Investigative Services, and investigators from the Corrections Corporation of America.  They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Corinne Kleinman, and Angela Lawrence; Assistant U.S. Attorneys Melinda Williams, Todd Gee, and former Assistant U.S. Attorney Justin Dillon, who assisted in the investigation, and Assistant U.S. Attorneys Catherine K. Connelly, Allessandra Stewart, and Arvind Lal, who assisted with forfeiture issues. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Richard DiZinno, who prosecuted the case.

WASHINGTON – George Cocroft, 38, of Washington, D.C., was found guilty today of first-degree sexual abuse, with aggravating circumstances, for sexually assaulting a woman in an alley in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

           Cocroft was found guilty in the Superior Court of the District of Columbia after a bench trial by the Honorable Robert E. Morin.  Cocroft, a prior sex offender, will be sentenced on May 22, 2015.  He faces up to life imprisonment without the possibility of release and will be required to register as a sex offender for the remainder of his life.

           According to the government’s evidence, on Nov. 25, 2012, the victim, then 19, traveled alone by Metro into the District of Columbia.  She has an intellectual disability and autism. At approximately 7 p.m., she went into a fast-food restaurant in the Chinatown neighborhood. Once inside, she encountered the defendant, a homeless man, who sat down with her and began complimenting her and holding her hand.

           Cocroft and the victim left the restaurant together, at which time the defendant led the victim into a dark alley.  The victim initially believed the defendant’s house was in the alley and that they were going to talk so that they could get to know each other better.

           Once in the alley, Cocroft began groping the victim and telling her he had not had sex in a long time.  The victim was scared and told the defendant that she did not want to have sex.  She said that they should wait until they were older and married.  The defendant did not stop, however.  He led her to a more secluded part of the alley and had her lie face down on concrete barriers.  Despite her continued protests, he sexually assaulted her.  After the assault, the victim reported what had happened to her to a Metro station manager.  The defendant was subsequently arrested pursuant to an arrest warrant.

           In announcing the verdict, U.S. Attorney Machen praised the work performed by those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit.  He also acknowledged the critical services provided to the victim at the District of Columbia Children’s Advocacy Center.  In addition, he expressed appreciation for the work of those who handled the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan; Paralegal Supervisor Jason Manuel; Paralegal Specialist Tierra Nanches; Information Technology Specialist Michael Richards; Victim/Witness Security Specialists David Foster and La June Thames; and former Assistant U.S. Attorney Heide Herrmann.  Finally, he commended the work of Assistant U.S. Attorneys Amy Zubrensky and Jeff T. Cook, who investigated and prosecuted the matter.

WASHINGTON – Michael Canarte, 23, and his brother, Aubrey Canarte, 30, both of Washington, D.C., have been sentenced to prison terms for robbing and shooting a man in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.

            The brothers pled guilty in January 2015 to charges of assault with intent to kill and unlawful possession of a firearm. They were sentenced on March 13, 2015 by the Honorable Lynn Leibovitz. Michael Canarte was sentenced to 10 years in prison, and his brother was sentenced to seven years. Following their prison terms, Michael Canarte will be placed on five years of supervised release, and Aubrey Canarte on three years of supervised release.

            According to the government’s evidence, the victim was a friend of a man who had been involved in an ongoing dispute with the Canarte brothers. However, the victim was not involved in the dispute. Nonetheless, on the night of Nov. 21, 2013, Aubrey Conarte approached the victim near an apartment building and alley off the 500 block of 60th Street NE and asked about the man. The victim stated that he did not know where the man could be located.

            The victim decided to leave the area and began walking further into the alley. At that point, Michael Canarte emerged from the apartment building and began following the victim. He brandished a gun and ordered the victim to get to the ground. He then rifled through the victim’s pockets, taking his wallet and cellphone. The victim begged for his life. Michael Canarte fired six to 10 rounds, hitting the victim in the neck, leg, and torso.

            Following the initial group of shots, someone remarked that the victim did not appear “dead yet.”  Immediately following the statement, Aubrey Conarte snatched the gun from his brother, walked over to the victim, stood directly above him, and fired two more shots.  After the victim saw dirt kick up next to his face, he stopped moving and pretended to be dead, hoping that the brothers would stop shooting at him. 

            When police and emergency medical personnel arrived on the scene, they discovered the victim and rushed him to Washington Hospital Center.  Though he survives, he suffers paralysis and lost the ability to walk.

            In announcing the sentencings, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department, including detectives from the Sixth Police District. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Stephanie Gilbert and Antoinette Sakamsa, Victim/Witness Advocate Jennifer Clark, and Assistant U.S. Attorney Robert E. Eckert, Jr., who investigated and prosecuted the matter.

            WASHINGTON – Binh Vo, 41, an American citizen living in Vietnam, pled guilty today to charges of conspiracy to commit bribery and visa fraud; bribery of a public official; and  conspiracy to commit money laundering, announced U.S. Attorney Ronald C. Machen Jr. and Bill A. Miller, Director of the U.S. Department of State’s Diplomatic Security Service (DSS).

            Vo entered the plea in the U.S. District Court for the District of Columbia, where a criminal information was pending against him. The plea agreement, which is contingent upon the Court’s approval, calls for a prison sentence between six and eight years, as well as forfeiture of nearly $5.1 million. The Honorable Emmet G. Sullivan scheduled sentencing for June 12, 2015.

            Vo was arrested on Sept. 24, 2013, at Washington Dulles International Airport and has been held without bond ever since.

            According to the statement of facts in support of his guilty plea, Vo conspired with co-defendant Michael Sestak and others to obtain visas to the United States for Vietnamese citizens.  Sestak, 43, was the Non-Immigrant Visa Chief in the Consular Section of the U.S. Consulate in Ho Chi Minh City, Vietnam from August 2010 to September 2012.

            According to the statement of facts, Vo and Sestak conspired with other U.S. citizens and Vietnamese citizens to advertise the scheme and recruit customers. Co-conspirators reached out to people in Vietnam and the United States and advertised the scheme by creating a website and by spreading the word through emails and telephone calls.  The conspirators told potential customers that once the customer obtained a visa from the scheme, they could disappear, get married or return to Vietnam and be assured of receiving visas in the future.

            According to the statement of facts, Vo and his co-conspirators received biographical information and photographs from customers and assisted them with their visa applications.  Upon submitting an application, the applicants would receive an appointment at the Consulate, be interviewed by Sestak, and approved for a visa. Applicants or their families generally paid between $30,000 and $60,000 per visa.  Nearly 500 fraudulent visas were issued as a result of the conspiracy.

            Applicants paid for their visas in Vietnam, or by routing money to co-conspirators in the United States.  Vo admitted to receiving millions of dollars for arranging for Sestak to approve the visas.  He ultimately moved some of the money out of Vietnam by using money launderers to move funds through off-shore banks.  Co-conspirators also had money laundered through off-shore banks to bank accounts in the United States.

            In addition to Sestak, two others have pled guilty to participating in the scheme. They are Hong Vo, 29, an American citizen, and Truc Thanh Huynh, 31, a Vietnamese citizen, all of whom are charged with conspiring with Sestak and Binh Vo.  Hong Vo is Binh Vo’s sister, and Truc Thanh Huynh is Bin Vo’s cousin.

            According to the statement of facts, fraudulent visas granted by Sestak were connected to an Internet Protocol (“IP”) address controlled by Hong Vo. Huynh allegedly participated in the visa scheme by obtaining documents necessary for the visa applications, collecting money and providing model questions and answers for visa applicants.  Sestak also allegedly approved a visa for Huynh to the United States, the application for which was submitted by the IP address controlled by Hong Vo.

            The case was investigated and prosecuted by the U.S. Department of State Diplomatic Security Service and Assistant U.S. Attorneys Brenda J. Johnson, Alessio D. Evangelista of the National Security Section, Catherine K. Connelly and Jennifer Ambuehl of the Asset Forfeiture and Money Laundering Section, as well former Assistant United States Attorneys Christopher Kavanaugh, and Mona N. Sahaf.

                WASHINGTON –Ronald C. Machen Jr. announced today that he is resigning as United States Attorney for the District of Columbia, effective April 1, 2015, ending more than five years of leading the nation’s largest U.S. Attorney’s Office.

            U.S. Attorney Machen, 45, said he intends to return to private practice.  Principal Assistant U.S. Attorney Vincent H. Cohen, Jr., 44, a native Washingtonian, will become Acting U.S. Attorney when Mr. Machen leaves office.

           “During more than five years as United States Attorney for the District of Columbia, Ron Machen has distinguished himself as a skilled leader, a devoted public servant, and a forceful champion of justice on behalf of the American people,” said Attorney General Eric Holder.  “Throughout his remarkable tenure, Ron has applied his boundless talent and consummate judgment to protect the safety and security of all Americans in cases involving violent crime, national security threats, and public corruption.  As one of Ron’s predecessors as U.S. Attorney in Washington, I know firsthand the unique demands of leading the nation’s largest U.S. Attorney’s Office.  But Ron has never been deterred by a difficult challenge, nor slowed in his pursuit of a safer, stronger Washington.  I was fortunate to be able to hire Ron as an Assistant U.S. Attorney in the Office in 1997, and I see in him now the exceptional qualities that I saw in him then: unassailable integrity, relentless determination, and a passion for law and justice.  I congratulate him on the outstanding results he has achieved as U.S. Attorney for the District of Columbia.  I thank him for his inspiring service.  And I look forward to all that he will accomplish in the next stage of his already extraordinary career.”

          “After more than five years as United States Attorney, it is time for me to step down,” said U.S. Attorney Machen.  “Serving as the U.S. Attorney for the District of Columbia has been the highest honor of my professional career. I am tremendously grateful to the President, Attorney General Holder, and Congresswoman Eleanor Holmes Norton for placing their trust in me. The men and women of this office are among the most dedicated and talented public servants in the country. I am proud of the work we have done together to achieve justice in the courthouse and to build bonds of trust with the community that we serve.  I leave this position confident that my extraordinary colleagues will continue to pursue justice and protect the residents of the District and this great nation.”
 
            After nomination by President Obama and unanimous Senate confirmation, Mr. Machen was sworn in as U.S. Attorney for the District of Columbia on Feb. 18, 2010.  With more than 300 attorneys, the U.S. Attorney’s Office for the District of Columbia is the largest U.S. Attorney’s office in the country, and is unique in that it prosecutes local offenses as well as federal crimes.

           Mr. Machen first joined the U.S. Attorney’s Office for the District of Columbia in January 1997. He was hired by Mr. Holder, who was then the U.S. Attorney. Mr. Machen worked as an Assistant U.S. Attorney for the office for almost five years. In 2001, he entered private practice, where he handled white-collar criminal defense, corporate internal investigations, and civil litigation until 2010, when he became the 56th U.S. Attorney in the history of the District of Columbia.  Upon resignation, he will be the longest-serving U.S. Attorney for the District of Columbia in over 35 years.  

            During Mr. Machen’s time as U.S. Attorney, the office secured convictions of terrorists and spies who threatened national security; prosecuted corrupt public officials; successfully convicted scores of violent offenders; and secured over $2 billion in financial recoveries for American taxpayers.  Mr. Machen also championed a host of initiatives, including community outreach and youth engagement; a Cold Case Unit, to investigate and prosecute older homicide cases; a Conviction Integrity Unit, to investigate claims of actual innocence; and a Cyber Unit to prosecute high-tech crimes that threaten national security, intellectual property, and personal privacy.

            National Security.  Over the last five years, the office has secured convictions against dozens of defendants who harmed Americans and American interests, including 13 convictions in terrorism-related cases.  The office has repeatedly been called on to handle some of the Justice Department’s most sensitive and significant cases, including the current prosecution of Ahmed Abu Khatallah for his alleged participation in the 2012 attack on U.S. facilities in Benghazi, Libya, which resulted in the deaths of four Americans.

            During Mr. Machen’s tenure, the office successfully prosecuted a State Department official who carried out a 30-year conspiracy to provide secrets to Cuba, as well as a government scientist who tried to sell classified information to a purported Israeli intelligence officer.  The office also secured guilty pleas from four members of a Mexican drug cartel that murdered a U.S. agent in 2011.  In December 2012, the office successfully prosecuted a Chinese-owned nuclear construction company, marking the first time that a People’s Republic of China corporate entity had pled guilty in a U.S. criminal export matter.  In October 2014, the office obtained guilty verdicts against four former Blackwater security guards involved in the mass killing of Iraqi civilians in Baghdad’s Nisur Square.

            Following a special assignment from the Attorney General, Mr. Machen also led the investigation of the illegal disclosure of classified information relating to a terrorist plot by Al-Qaeda in the Arabian Peninsula to conduct a suicide attack on a U.S.-bound airliner.  That investigation led to the successful prosecution of a former FBI analyst who received the longest prison sentence ever in a leak case in a federal court.

            Public Corruption.  U.S. Attorney Machen placed a high priority on investigating cases involving public corruption in both the federal and District of Columbia governments.  Since 2010, the office has obtained trial convictions or guilty pleas from more than 160 defendants, making it a national leader.

           During Mr. Machen’s tenure, the office secured felony guilty pleas from three sitting members of the District of Columbia Council – Harry L. Thomas Jr., Kwame Brown, and Michael A. Brown – in addition to Ted G. Loza, the Chief of Staff to a fourth member of the Council. Loza and Michael Brown were each convicted for taking cash payments from individuals seeking favorable treatment from the D.C. government.  Thomas was convicted for stealing $350,000 in taxpayers’ money.  Kwame Brown was convicted of bank fraud and became the first public official in D.C. history to plead guilty to a criminal campaign finance violation.  Mr. Machen also led the ongoing investigation into a criminal conspiracy in the 2010 D.C. mayoral election.  To date, that investigation has resulted in the felony convictions of six people associated with a 2010 mayoral campaign.

            Mr. Machen also focused on corruption in the federal government.  During his tenure, the office obtained convictions of 20 individuals and one company as part of an investigation into the largest domestic bribery and bid-rigging scheme in the history of federal contracting.  That investigation led to the convictions of numerous corrupt public officials, executives of government contractors, and others who conspired to cheat taxpayers.  The office also obtained the conviction of former Congressman Jesse L. Jackson, Jr. for conspiring to defraud his campaigns of almost $750,000 in funds that were used to pay for personal items and expenses.  In addition, the office secured the conviction of former Congressman Trey Radel for cocaine possession.

            Violent Crime.  Over the past five years, working with the Metropolitan Police Department and other law enforcement agencies, the office has obtained convictions of over 375 murderers. The total includes five men who were found guilty by a jury of murder, conspiracy, and other charges stemming from a series of violent crimes that culminated on the night of March 30, 2010 with a deadly mass shooting on South Capitol Street.  Targeting the area’s most violent offenders and networks of drug distributors, the office has obtained convictions of more than 75 members of over a dozen gangs and crews, including MS-13.

           Under U.S. Attorney Machen’s leadership, the office launched a Cold Case Unit, comprised of a team of veteran prosecutors that works to investigate and prosecute older murder cases. Over the past several years, more than 20 people have been convicted in these older homicide cases, dating to the 1980s and 1990s.  To assist with these and other cases, Mr. Machen appointed the office’s first Special Counsel for DNA and Forensic Litigation.  In that role, an experienced prosecutor works full-time on forensic issues to ensure that the office makes use of all available technologies to solve murders and other crimes.

           The office also has earned national recognition for its work with the FBI, MPD and other agencies in targeting cases involving child sex offenses and exploitation. Over 80 defendants have been convicted of such crimes over the past five years, including Eric Justin Toth, a former private school teacher and camp counselor, who was apprehended in Nicaragua in 2013 and is now serving 25 years in prison on child pornography and other charges.

            Financial Recoveries.  Under Mr. Machen’s leadership, the office has sharpened its focus on financial recoveries, generating nearly $2.5 billion for the federal government over the last five years through civil and criminal collections and asset forfeiture.  For example, the office has obtained more than $1.5 billion in recoveries from European banks – including ABN Amro Bank, ING Bank N.V., Standard Chartered Bank, and Commerzbank AG – that have admitted moving money illegally through the U.S. financial system on behalf of sanctioned countries and entities.  Reflecting the importance he places on this mission, Mr. Machen established an Asset Forfeiture and Money Laundering Section in 2010 within the office’s Criminal Division.  Similarly, as the District of Columbia has seen a growing number of qui tam lawsuits filed under the False Claims Act, Mr. Machen doubled the number of civil attorneys dedicated to filing affirmative cases on behalf of the United States to recover from those who defraud the American taxpayer.  Among other successes, those civil litigators obtained a $93 million settlement with a telecommunications company that overcharged the government.  Many of the cases pursued during Mr. Machen’s tenure focused on fraud on federal health care programs, including the arrests of more than 20 individuals in the largest health care fraud takedown in the history of the District of Columbia and a $34 million civil and criminal settlement with an international pharmaceutical company for off-label marketing of one of its drugs.

            Community Outreach.  Within the community, U.S. Attorney Machen led an expansion of the office’s outreach efforts, sponsoring youth summits, neighborhood town halls, a clergy ambassador program, domestic and senior abuse seminars, and other events designed to build bonds of trust between citizens and law enforcement.  The office has been hailed as a national leader for its robust and sustained efforts to engage at-risk youth, address the root causes of crime, and enlist faith and community leaders as allies in responding to public safety challenges.  Mr. Machen also focused extensive resources on re-entry programs for returning offenders, seeking to connect them with housing, employment, and other services in order to reduce recidivism and allow them to begin contributing to the community.

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District Man Sentenced to 15 Years in Prison

For Killing Man Following Brief Argument Over Beer

Shooting Took Place at Northwest Washington Park

 

            WASHINGTON - James Johnson, 32, of Washington, D.C., has been sentenced to 15 years in prison for fatally shooting a man last year at a park in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced today.

            Johnson pled guilty in November 2014, in the Superior Court of the District of Columbia, to voluntary manslaughter while armed for the death of Talbert Bright.  The plea, which was contingent upon the Court’s approval, called for a prison term of 15 years. The Honorable John Ramsey Johnson accepted the plea on March 13, 2015, and sentenced Johnson accordingly.  Upon completion of his prison term, Johnson is to be placed on five years of supervised release.

            According to the government’s evidence, in the early morning hours of June 28, 2014,   Johnson was in a small park in the 200 block of Massachusetts Avenue NW, drinking beer with other individuals who had come there for a social gathering. Johnson had a small cooler filled with several cans of beer.  Mr. Bright, 48, who had been in the park earlier that evening but had left to go home, returned to the park at about 2:45 a.m.

            Shortly after Mr. Bright arrived, he and Johnson engaged in a brief verbal argument over beer.  Mr. Bright took sneakers out of his duffel bag to change into from the sandals he had on his feet.  While Mr. Bright changed into his sneakers, Johnson reached into a black backpack and took out a .9 mm pistol, pointed the gun at Mr. Bright, and fired several times.  Mr. Bright was hit three times, once in the center of his chest.  He was transported to Washington Hospital Center, where he was pronounced dead shortly thereafter.

            In announcing the sentence, U.S. Attorney Machen commended the work of the detectives of the Criminal Investigations Division, crime scene officers, and the First Police District of the Metropolitan Police Department.  He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Jennifer Allen and Paralegal Specialist Lashone Samuels. Finally, he acknowledged the efforts of Assistant U.S. Attorney Richard DiZinno, who prosecuted the case.

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WASHINGTON – Omar Gonzalez, 43, pled guilty today to charges stemming from an incident on Sept. 19, 2014, in which he climbed a fence and ran toward and into the White House while armed with a folding knife, announced U.S. Attorney Ronald C. Machen Jr. and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office, U.S. Secret Service.

            Gonzalez, 42, formerly of Copperas Cove, Texas, pled guilty in the U.S. District Court for the District of Columbia to two federal offenses: one count of unlawfully entering a restricted building or grounds, while carrying a deadly or dangerous weapon, and one count of assaulting, resisting, or impeding certain officers or employees. He is to be sentenced on June 8, 2015 by the Honorable Rosemary M. Collyer.

            The unlawful entry charge carries a statutory maximum of 10 years in prison, and the assault charge carries a statutory maximum of eight years. Both charges also carry potential financial penalties. Under federal sentencing guidelines, the parties have agreed that the applicable range for the offenses is a prison term of twelve to 18 months and possible fines. Upon completion of his prison term, Gonzalez would be placed on supervised release. The parties have agreed to recommend to the Court that Gonzalez be prohibited from entering the District of Columbia for the duration of his supervision, except for court appearances and meetings with his attorney. The parties also will recommend that Gonzalez be required to participate in a psychiatric evaluation and cooperate fully with the Secret Service in any assessments they deem necessary to make of Gonzalez’s risk.

            “We are pleased that Mr. Gonzalez has chosen to take responsibility for his incomprehensible decision to leap a fence and charge into the White House with a knife,” said U.S. Attorney Machen.  “He is lucky to be alive.  Mr. Gonzalez faces significant prison time because of his crime, and at sentencing we anticipate that he will barred from entering the District of Columbia and required to undergo psychiatric treatment.  We hope that this prosecution deters others in the future from taking any actions that threaten the First Family, the White House, and the public servants who work there.”

            According to the government’s evidence, on Sept. 19, 2014, at about 7:19 p.m., Gonzalez climbed over the north fence of the White House. While he was climbing over the fence, officers with the U.S. Secret Service’s Uniformed Division ran towards him and repeatedly yelled at him to stop and get down. Gonzalez, however, ignored the commands and landed on the north grounds of the White House.

            Moments later, after ignoring additional, repeated commands from uniformed officers to stop, Gonzalez went through the north doors of the White House, knocking a uniformed officer backwards. Another uniformed officer then tackled him inside the White House.

            Gonzalez was searched and a folding knife, with a serrated blade that was over three and one-half inches long, was discovered in his right front pants pocket. After his arrest, he gave oral consent to search his vehicle, located on Constitution Avenue NW.  The vehicle contained hundreds of rounds of ammunition, in boxes and in magazines, two hatchets, and a machete.

                Gonzalez has been in custody since his arrest on Sept. 19, 2014.

            This case was investigated by the U.S. Secret Service and the U.S. Department of Homeland Security. It is being prosecuted by Assistant U.S. Attorneys David Mudd and Thomas A. Gillice, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia.

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WASHINGTON – Omar Gonzalez, 43, pled guilty today to charges stemming from an incident on Sept. 19, 2014, in which he climbed a fence and ran toward and into the White House while armed with a folding knife, announced U.S. Attorney Ronald C. Machen Jr. and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office, U.S. Secret Service.

            Gonzalez, 42, formerly of Copperas Cove, Texas, pled guilty in the U.S. District Court for the District of Columbia to two federal offenses: one count of unlawfully entering a restricted building or grounds, while carrying a deadly or dangerous weapon, and one count of assaulting, resisting, or impeding certain officers or employees. He is to be sentenced on June 8, 2015 by the Honorable Rosemary M. Collyer.

            The unlawful entry charge carries a statutory maximum of 10 years in prison, and the assault charge carries a statutory maximum of eight years. Both charges also carry potential financial penalties. Under federal sentencing guidelines, the parties have agreed that the applicable range for the offenses is a prison term of twelve to 18 months and possible fines. Upon completion of his prison term, Gonzalez would be placed on supervised release. The parties have agreed to recommend to the Court that Gonzalez be prohibited from entering the District of Columbia for the duration of his supervision, except for court appearances and meetings with his attorney. The parties also will recommend that Gonzalez be required to participate in a psychiatric evaluation and cooperate fully with the Secret Service in any assessments they deem necessary to make of Gonzalez’s risk.

“We are pleased that Mr. Gonzalez has chosen to take responsibility for his incomprehensible decision to leap a fence and charge into the White House with a knife,” said U.S. Attorney Machen.  “He is lucky to be alive.  Mr. Gonzalez faces significant prison time because of his crime, and at sentencing we anticipate that he will barred from entering the District of Columbia and required to undergo psychiatric treatment.  We hope that this prosecution deters others in the future from taking any actions that threaten the First Family, the White House, and the public servants who work there.”

            According to the government’s evidence, on Sept. 19, 2014, at about 7:19 p.m., Gonzalez climbed over the north fence of the White House. While he was climbing over the fence, officers with the U.S. Secret Service’s Uniformed Division ran towards him and repeatedly yelled at him to stop and get down. Gonzalez, however, ignored the commands and landed on the north grounds of the White House.

            Moments later, after ignoring additional, repeated commands from uniformed officers to stop, Gonzalez went through the north doors of the White House, knocking a uniformed officer backwards. Another uniformed officer then tackled him inside the White House.

            Gonzalez was searched and a folding knife, with a serrated blade that was over three and one-half inches long, was discovered in his right front pants pocket. After his arrest, he gave oral consent to search his vehicle, located on Constitution Avenue NW.  The vehicle contained hundreds of rounds of ammunition, in boxes and in magazines, two hatchets, and a machete.

                Gonzalez has been in custody since his arrest on Sept. 19, 2014.

            This case was investigated by the U.S. Secret Service and the U.S. Department of Homeland Security. It is being prosecuted by Assistant U.S. Attorneys David Mudd and Thomas A. Gillice, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia.

WASHINGTON – Harry I. Martin, Jr., the owner, president, and chief executive officer of a Virginia-based information technology company, Intelligent Decisions, Inc., was sentenced today to six months home confinement and a $250,000 fine on a federal charge stemming from illegal gratuities that he and his company provided to a former contracting official with the U.S. Department of the Army in return for preferential treatment and government contracts.

            The sentencing was announced today by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office; Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI); Peggy E. Gustafson, Inspector General of the U.S. Small Business Administration (SBA-OIG); Robert E. Craig, Jr., Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS),  and Frank Robey, Director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU).

            Martin, 56, of Great Falls, Virginia, entered the guilty plea in November 2014. He was sentenced by the Honorable Emmet G. Sullivan.   Martin received a sentence of three years’ probation, with the first six months in home confinement, a fine of $250,000, and 500 hours of community service.

            In a related action, the company, Intelligent Decisions, Inc., agreed in October 2014 to pay a $300,000 criminal penalty for its conduct. The company was charged in criminal information with one count of paying a gratuity to a public official. Intelligent Decisions, Inc. agreed to the filing of the information, and is to make the payment and strengthen its internal controls as part of a deferred prosecution agreement with the government. In light of that payment, and the company’s willingness to acknowledge responsibility for its actions, the U.S. Attorney’s Office for the District of Columbia will recommend the dismissal of the information in October 2016, provided the company fully cooperates and abides by the agreement.

             Martin is among 20 individuals to plead guilty in an investigation into domestic bribery, bid-rigging, and federal contracting. His business colleague, Chae Shim, the former Director of Acquisition Accounts, Asia/Pacific, for Intelligent Decisions, pled guilty to the same federal charge as Martin stemming from gratuities that Shim and others at Intelligent Decisions, including Martin, provided to the former Army contracting official in return for preferential treatment and government contracts. Shim, 48, of Reston, Va., is awaiting sentencing.

              In addition to those individuals, one corporation, Nova Datacom, LLC, pled guilty to federal charges. Also, a South Korean-based corporation, Saena Tech Corporation, has entered into a deferred prosecution agreement and agreed to pay a $500,000 criminal penalty as part of the investigation.

            In the overall investigation to date, the United States has recovered approximately $28 million through the forfeiture of approximately 40 bank accounts and financial instruments, jewelry, 19 real properties, nine cars; civil settlements; and monetary penalties.

            The guilty plea and deferred prosecution agreement involve gratuities provided to In Seon Lim, a former contracting official for the U.S. Department of the Army. Lim pled guilty in July 2014, in the U.S. District Court for the Eastern District of Virginia, to federal charges stemming from a scheme in which he accepted over $490,000 worth of benefits, including cash payments and vacations, from favored contractors, including Intelligent Decisions, Inc. In return, he helped these businesses obtain millions of dollars in federal contracts and subcontracts. Lim, 48, who pled guilty to bribery and two other federal offenses, was sentenced on Oct. 24, 2014 to a four-year prison term.

            According to the government’s evidence, Martin, Shim, and the company provided Lim with thousands of dollars in meals, drinks, entertainment, golf outings, and golf equipment, in return for preferential treatment and the direction of Army subcontracts to the firm.

            All told, Intelligent Decisions spent over $8,000 on a variety of expenses, including dinners, golf outings, and other events attended by Lim, who was joined by company officials and others, while one of its former employees agreed to pay for a Lexus ES350 automobile worth over $30,000 for Lim.

            At the time of this conduct, Lim was an assistant project manager and product director with the Program Executive Office Enterprise Information Systems, a part of the Army that provides infrastructure and informational management systems. Working in South Korea, Lim’s primary duties were to oversee and implement communications systems upgrades for the U.S. forces there, which included approximately 10 communications centers and various other special projects at military sites throughout the country. Among other things, Lim coordinated work on a major contract, which, in turn, had numerous sub-contracts.

            According to the government’s evidence, prior to the awarding of the sub-contracts, Martin and Shim traveled to South Korea in January 2009 to meet with Lim. They provided him with a dinner, drinks, and entertainment. They followed up on the meeting with e-mails expressing their desire for Intelligent Decisions, Inc., to work with him.

            Later in January 2009, with Lim’s assistance, the company was awarded two subcontracts. One had an initial value of $525,000, and the other had a value of $67,294.

            Over the ensuing months, Martin, Shim, and the company provided Lim with additional meals, entertainment, golf outings, and other benefits. Meanwhile, modifications were made to the sub-contracts increasing their value. The lengths of the two sub-contracts were expanded, along with their value. The $525,000 contract eventually climbed to a value of $3.2 million, and the $67,294 contract later became worth $1.3 million.

            This investigation is being conducted by the FBI’s Washington Field Office; the Washington Field Office of the Internal Revenue Service-Criminal Investigation; the Inspector General’s Office of the U.S. Small Business Administration; the Department of Defense’s Defense Criminal Investigative Service; the Defense Contract Audit Agency, and the Army Criminal Investigation Command. It is being prosecuted by Assistant U.S. Attorneys Michael K. Atkinson and Anthony Saler of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia.

15-044

WASHINGTON – Kevin Walker, 39, of Washington, D.C., was sentenced today to 80 years in prison for killing two people – a sister and her brother - in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

            Walker was found guilty by a jury in December 2014 of two counts of first-degree murder while armed and two related firearms offenses. The verdicts followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Russell F. Canan.

            According to the government’s evidence, on July 20, 2013, at about 4:30 a.m., Walker killed Jamie Jenkins, 28, and her brother, Jamahl Jenkins, 21, in the 5300 block of East Capitol Street NE. Before the shootings, Jamie Jenkins had been involved in a fight with Walker’s girlfriend. Jamahl Jenkins was present, but not involved.  After the fight broke up, the siblings left the area, but they came back a few minutes later to look for Jamie Jenkins’s lost cell phone.

            Walker then came outside with a gun and approached the pair. Eyewitnesses screamed at Walker that the fight was over, and that it wasn’t serious. However, words were exchanged, and Walker then fired his gun. According to the government’s evidence, Jamie Jenkins was fatally shot when she jumped in front of the first bullet intended for her brother. Walker then followed Jamahl Jenkins and shot him six times in the back as he tried to run away.

            After the shooting, Walker fled to North Carolina, where he was apprehended by the U.S. Marshals Service in September 2013.

            In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department, which investigated the case. He also expressed appreciation for the assistance provided by the District of Columbia’s Office of the Chief Medical Examiner, the District of Columbia Department of Forensic Services, and the U.S. Marshals Service. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialists Anisha Bhatia and Leif Hickling; Victim/Witness Advocate Marcia Rinker; Investigative Analyst Zachary McMenamin; and Paralegal Specialists Kwasi Fields and Kendra Johnson. Finally, he commended the work of Assistant U.S. Attorneys Magdalena Acevedo and Demian S. Ahn, who investigated and prosecuted the case.

15-043

WASHINGTON – Commerzbank AG, a global financial institution headquartered in Frankfurt, and its U.S. branch, Commerzbank AG New York Branch (Commerz New York), have agreed to forfeit $563 million, pay a $79 million fine and enter into a deferred prosecution agreement with the Justice Department for violations of the International Emergency Economic Powers Act (IEEPA) and the Bank Secrecy Act (BSA).  The bank has also entered into settlement agreements with the Treasury Department’s Office of Foreign Assets Control (OFAC) and the Board of Governors of the Federal Reserve System.

          Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Ronald C. Machen Jr. of the District of Columbia, U.S. Attorney Preet Bharara of the Southern District of New York, Assistant Director in Charge Diego Rodriguez of the FBI’s New York Field Office, Chief Richard Weber of the Internal Revenue Service Criminal Investigation (IRS-CI) and District Attorney Cyrus R. Vance Jr. of New York County made the announcement.

          In entering the deferred prosecution agreement, Commerzbank admitted and accepted responsibility for its criminal conduct in violation of IEEPA and the BSA, and Commerz New York admitted its criminal conduct in violation of the BSA.  Commerzbank further agreed to pay $263 million in forfeiture and a fine of $79 million for the IEEPA violations, and to pay $300 million in forfeiture in connection with the BSA violations, which will be remitted to the victims of a multi-billion dollar securities fraud scheme that was permitted to operate through Commerzbank.  Commerzbank also agreed to implement rigorous internal controls and to cooperate fully with the Justice Department, including by reporting any criminal conduct by an employee.

          A four-count felony criminal information was filed today in the District of Columbia charging Commerzbank and Commerz New York with knowingly and willfully conspiring to commit violations of IEEPA and three violations of the BSA for willfully failing to have an effective anti-money laundering (AML) program, willfully failing to conduct due diligence on its foreign correspondent accounts, and willfully failing to file suspicious activity reports.  Assuming the bank’s continued compliance with the deferred prosecution agreement, the government has agreed to defer prosecution for a period of three years, after which time, the government would seek to dismiss the charges.

          The New York County District Attorney’s Office is also announcing today that Commerzbank has entered into a deferred prosecution agreement, and in the corresponding factual statement, Commerzbank admitted that it violated New York State law by falsifying the records of New York financial institutions.  In addition, the Board of Governors of the Federal Reserve System is announcing that Commerzbank has agreed to a cease and desist order, to take certain remedial steps to ensure its compliance with U.S. law in its ongoing operations and to pay a civil monetary penalty of $200 million.  The New York State Department of Financial Services (DFS) is announcing Commerzbank has agreed to, among other things, pay a monetary penalty to DFS of $610 million.  The OFAC has also levied a fine of $258.6 million, which will be satisfied by payments made to the Justice Department.  In total, Commerzbank will pay a total of $1.45 billion in penalties.

          “Commerzbank concealed hundreds of millions of dollars in transactions prohibited by U.S. sanctions laws on behalf of Iranian and Sudanese businesses,” said Assistant Attorney General Caldwell.  “Commerzbank committed these crimes even though managers inside the bank raised red flags about its sanctions-violating practices.  Financial institutions must heed this message:  banks that operate in the United States must comply with our laws, and banks that ignore the warnings of those charged with compliance will pay a very steep price.”

           “Sanctions laws are designed to protect the national security of the United States and promote our foreign policy interests,” said U.S. Attorney Machen.  “Commerzbank undermined the integrity of our financial system and threatened our national security by hiding the business they were doing with entities in Iran and Sudan.  The bank tried to skirt our laws by hiding its illegal business with Iranian banks from its own employees in the United States.  Today’s resolution demonstrates that there will be consequences when global banks try to profit from the benefits of the U.S. financial system without respecting our laws.”

            Manhattan U.S. Attorney Preet Bharara said:  “Today, Commerzbank stands charged with Bank Secrecy Act criminal offenses for its acute, institutional anti-money laundering deficiencies that allowed over a billion dollars of the Olympus fraud to flow through its New York office.  These criminal charges follow a multi-year investigation and a guilty plea by a former Commerzbank Singapore employee who helped set up the structure that allowed for the Olympus fraud.  Institutions, not just individuals, have an obligation to follow the law, and anti-money laundering laws in particular are critical for financial institutions to follow.  With today’s resolution, the bank, as part of a deferred prosecution agreement, has accepted responsibility in a detailed statement of facts, agreed to continue reforming its anti-money laundering practices, and will pay $300 million that will go to victims of the Olympus fraud.”

            “Today’s deferred prosecution agreement is a significant milestone – on an international stage – that reaffirms our clear message to other global financial institutions,” said IRS-CI Chief Weber. “IRS-CI’s work in this investigation – as well as the prior sanction cases – has resulted in fundamental changes in the way banks operate worldwide.  IRS-CI and our partners will continue to hold financial institutions accountable for international criminal violations.”

            “We have sanctions in place to prevent rogue nations and terrorists from accessing the U.S. financial system.  In order to have teeth, sanctions need to be enforced and Manhattan financial institutions need to be protected from being unwittingly used by bad actors,” said Manhattan District Attorney Vance.  “Over the course of eight settlements, my Office and our partners have sent a strong message of enforcement that has led to the transformation of compliance in this area.”

             IEEPA Violations

             According to admissions contained in the deferred prosecution agreement, from 2002 to 2008, Commerzbank knowingly and willfully moved $263 million through the U.S. financial system on behalf of Iranian and Sudanese entities subject to U.S. economic sanctions.  Commerzbank engaged in this criminal conduct using numerous schemes designed to conceal the true nature of the illicit transactions from U.S. regulators.

             For example, in the deferred prosecution agreement, Commerzbank acknowledged that it used non-transparent payment messages, known as cover payments, to conceal the involvement of sanctioned entities, and also removed information identifying sanctioned entities from payment messages, in transactions processed through Commerz New York and other financial institutions in the United States.  Specifically, in 2003, Commerzbank designated a group of employees in the Frankfurt back office to review and amend Iranian payments so that the payments would not be stopped by U.S. sanctions filters.  In doing so, Commerzbank ensured that Iranian payment messages did not mention the Iranian entity, as transactions may have otherwise been stopped pursuant to the U.S. sanctions.

             Commerzbank admitted that it hid these practices from Commerz New York.  For example, in 2003, when two state-owned Iranian banks wanted to begin routing their U.S. dollar clearing business through Commerzbank, a Commerzbank back office employee emailed other Commerzbank employees directing: “If for whatever reason CB New York inquires why our turnover has increase[d] so dramatically, under no circumstances may anyone mention that there is a connection to the clearing of Iranian banks!!!!!!!!!!!!!.”

             Commerzbank admitted that this conduct continued even though its senior management was warned that the bank’s practices for Iranian clients “raised concerns.”  For example, in October 2003, the head of Commerzbank’s internal audit division stated in an email to a member of Commerzbank’s senior management that Iranian bank names in payment messages going to the United States were being “neutralized” and warned: “it raises concerns if we consciously reference the suppression of the ordering party in our work procedures in order to avoid difficulties in the processing of payments with the U.S.A.”

             In another scheme designed to avoid U.S. sanctions, Commerzbank admitted that, in 2004, it agreed with an Iranian bank client that, rather than sending direct wire payments to the United States, the Iranian bank would pay U.S. beneficiaries with Commerzbank-issued checks listing only the Iranian bank’s account number and address in London with no mention of the Iranian bank’s name.

             Additionally, Commerzbank admitted that in  2005, it created a “safe payment solution” for an Iranian shipping company client, which allowed the client to conduct transactions using the U.S. financial system.  The safe payment solution involved routing payments through special purpose entities controlled by the Iranian company, which were incorporated outside of Iran and bore no obvious connection to the Iranian client.  Commerzbank and its client switched use of such special purpose entities when Commerz New York’s sanctions compliance filters were updated to detect the use of a particular special purpose entity.  Commerzbank continued to process payments on behalf the Iranian client even after the client had been designated by OFAC as an entity subject to U.S. sanctions for its involvement in weapons of mass destruction proliferation. 

             In addition, Commerzbank admitted that, from 2002 to 2007, it provided Sudanese sanctioned entities with access to the U.S. financial system by engaging in similar schemes to remove reference to Sudanese companies from the transaction records. 

             Olympus Accounting Fraud

             Since 2008, and continuing until at least in or about 2013, Commerz New York violated the BSA and its implementing regulations.  Specifically, Commerz New York failed to maintain adequate policies, procedures, and practices to ensure its compliance with United States law, including its obligation to detect and report suspicious activity.  As a result of the willful failure of Commerz New York to comply with United States law, a multi-billion dollar securities fraud was operated through Commerzbank and Commerz New York.

             Olympus was a Japanese-based manufacturer of medical devices and cameras.  Its common stock is listed on the Tokyo Stock Exchange, and its American Depository Receipts trade in the United States.  From at least the late 1990s through 2011, Olympus perpetrated a massive accounting fraud designed to conceal from its auditors and investors hundreds of millions of dollars in losses.  In September 2012, Olympus and three of its senior executives pleaded guilty in Japan to inflating the company’s net worth by approximately $1.7 billion.

             Olympus used Commerzbank and Commerz New York to perpetrate its fraud.  Commerzbank, through its branch and affiliates in Singapore, both loaned money to off-balance-sheet entities created by or for Olympus to perpetrate its fraud, and transacted more than $1.6 billion through Commerz New York in furtherance of the fraud.

             Commerzbank and Commerz New York were used in furtherance of the Olympus fraud during two different time periods.  From approximately 1999 through 2000, Olympus perpetrated its fraud primarily through Commerzbank and its Singapore branch and affiliates.  Among other things, Olympus used special purpose vehicles to facilitate the fraud, some of which were created by Commerzbank – including several executives based in Singapore – at Olympus’s direction, using funding from Commerzbank.  One of those Singapore-based executives, Chan Ming Fon, was involved in creating the Olympus structure in 1999 while at Commerzbank (Southeast Asia) Ltd., and later managed an Olympus-related entity in 2005-2010 on behalf of which he submitted false confirmations to Olympus’s auditors.  In September 2013, Chan pleaded guilty in Manhattan federal court to conspiracy to commit wire fraud.

              From 1999 through 2000, Olympus executives asked Commerzbank executives to provide certain false documents to Olympus’s auditors, which would have failed to disclose that certain Olympus assets were pledged as collateral for loans from a Commerzbank affiliate.  Commerzbank obtained a legal opinion, which, in the words of one Commerzbank executive written to an Olympus executive, “ma[de] clear that our bank could be subject to both civil and criminal penalties if we are seen to be assisting or facilitating you in the non-disclosure.”  Although Commerzbank ultimately declined to provide the false documents, its executives suggested a variety of ways in which Olympus could nonetheless fail to disclose the pledge.

              In 2000, Olympus took its business away from Commerzbank to another bank.  In 2005, however, Olympus – and its fraud – returned to Commerzbank.  From that point until at least 2010, Commerzbank executives expressed strong suspicions about the Olympus transactions and structure.  One senior executive worried that Olympus would have to “write off [the] full amount” of the relevant transactions, and wondered about the effects on Commerzbank if “any negative news is splash[ed] on the front page.”  A senior legal and compliance officer responsible for Commerzbank’s Singapore branch and affiliates wrote at the time that he was “concerned” about fraud, asset stripping, market manipulation and tax offenses, and that “[i]f the [Olympus] structure and transactions can not [be] explained we must file Suspicious Transaction report as a matter of law and [Commerzbank] policy.”  Another senior compliance officer – who would later become head of compliance at Commerz New York – internally reported that a senior Singapore-based executive at Commerzbank had stated that “he did not typically ask questions of clients as he felt he was at less risk by not knowing.”  The compliance officer responded by “repeat[ing] that it is unacceptable for senior managers to turn blind eyes or otherwise remain ignorant.”       

              In March 2010, two wire transfers in the amounts of approximately $455 million and $67 million, respectively, related to the Olympus scheme were processed by Commerz New York through the correspondent account for the Singapore branch of Commerzbank.  Those wires caused Commerz New York’s automated AML monitoring software to “alert.”

              At the time, Commerz New York had conducted no due diligence on the Singapore branch and affiliates of Commerzbank, consistent with Commerzbank’s policy of not conducting due diligence on its own branches and affiliates.  In response to the alerts, however, Commerz New York sent a request for information to Commerz Frankfurt and Commerzbank’s Singapore branch, inquiring about the transactions.  The Singapore branch responded in a brief e-mail, dated April 20, 2010, referring to the Olympus-related entities involved in the wires:

             GPA Investments Ltd. ist [sic] a Caymen Islands SPV, Creative Dragons SPC-Sub Fund E is a CITS administered fund both of which are part of an SPC structure to manage securities investments for an FATF country based MNC.

             According to the Relationship Manager the payment reflects the proceeds from such securities investments to be reinvested.

             Commerzbank’s Singapore branch did not relay any of the concerns about the Olympus-sponsored structures and transactions.

             Based on its response, Commerz New York closed the alert without taking any further action other than to note that in March 2010 alone, GPA Investments had been involved in six transactions through Commerz New York totalling more than $522 million.  In fact, between 1999 and 2010, a total of more than $1.6 billion in furtherance of the Olympus fraud was cleared through Commerz New York.  Commerz New York failed to file a SAR in the United States concerning Olympus or any of the Olympus-related entities until November 2013 – more than two years after the Olympus accounting fraud was revealed.

             The same individual served as Commerz New York’s designated BSA Officer continuously from approximately 1996 or 1997 until early 2014.  Over those years, she raised concerns about AML compliance, both to her superiors at Commerz New York, and with Commerz Frankfurt.

             Under the BSA, a financial institution is required to detect and report suspicious activity.  This is accomplished, in part, through conducting due diligence, and enhanced due diligence where appropriate, of the correspondent relationship – which Commerz New York failed to do – and by sending requests for further information to the correspondent bank when potentially suspicious transactions are detected.  Commerz New York frequently had difficulties getting responses to requests for information generated in connection with automated transaction monitoring “alerts.”  Because requests for information went unanswered for as much as eight months without SARs being filed, alerts were often closed without any response to the pending request.  As a result of these deficiencies, Commerz New York cleared numerous AML “alerts” based on its own perfunctory internet searches and searches of public source databases but without ever receiving responses to its requests for information.

             On June 24, 2010, a Commerz New York -based compliance officer who had primary responsibility for automated transaction monitoring wrote in an e‑mail to the BSA Officer and the Head of Compliance in New York (who had previously served as the Head of Compliance in Asia) that “we currently have 90 alerts a day,” with “808 alerts outstanding,” which “could lead to a possible back log.”  He continued, “I also wanted to make you aware that we have currently over 130 Frankfurt RFIs [i.e., requests for information] outstanding,” noting “a decrease in response to the RFIs” from Frankfurt.  The following day, the Head of Compliance in New York forwarded the e‑mail to Commerz’s Global Head of Compliance, adding that “things are not getting better with regards to th[ose] findings. (see below).  I will forward you the DRAFT memo on potential revision of staffing needs.”  Although the Global Head of Compliance thereafter instituted new procedures designed to increase the speed of responses to RFIs from New York, problems persisted with the timely flow of information from business units outside the U.S. to compliance officers in New York.

             Commerzbank and Commerz New York also failed to conduct adequate due diligence or to obtain “know your customer” information with respect to correspondent bank accounts for Commerzbank’s own foreign branches and affiliates.  These systemic deficiencies reflected a failure to maintain adequate policies, procedures, and controls to ensure compliance with the BSA and regulations prescribed thereunder and to guard against money laundering.

             This case was investigated by the IRS-Criminal Investigation’s Washington D.C. Field Division and FBI’s New York Field Office.  This case is being prosecuted by Trial Attorney Sarah Devlin of the Criminal Division’s Asset Forfeiture and Money Laundering Section, Assistant U.S. Attorneys Matt Graves, Maia Miller and Zia Faruqui of the District of Columbia, and Assistant U.S. Attorney Bonnie Jonas of the Southern District of New York.

             The New York County District Attorney’s Office also conducted its own investigation in conjunction with the Justice Department.  The Federal Reserve Bank of New York, DFS and OFAC provided substantial assistance with this investigation.

15-042

WASHINGTON – Reginald Klaiber, 25, of Greenbelt, Md., was sentenced today to 56 months in prison for stabbing a transgender girl while she was on board a Metrorail train, U.S. Attorney Ronald C. Machen Jr. announced.

Klaiber, also known as Reginald Kaliber, pled guilty in January 2015, in the Superior Court of the District of Columbia, to a charge of assault with a dangerous weapon, with a hate crime enhancement. He was sentenced by the Honorable Juliet McKenna, who described the assault as “brutal.”

           “Hate crimes against transgender people occur with troubling frequency and demand a forceful response,” said U.S. Attorney Machen.  “Reginald Klaiber stabbed a 15-year-old girl on the Metro solely because of who she is.  This prison sentence should make clear that we will not tolerate hate-fueled violence in the District of Columbia.”

            According to the government’s evidence, Klaiber confronted the 15-year-old victim on July 30, 2014, at about 4:30 p.m., while both were on a Green Line train approaching the Fort Totten Metro station in Northeast Washington. The victim, who was dressed in women’s clothing, was with two of her friends on the train. Klaiber attempted to engage her in conversation and she asked him to leave her alone. Klaiber began harassing her, saying, among other things, “Are you a boy, you are a boy, right?” and “Why you be looking like a woman?”

            The victim again asked Klaiber to leave her alone and to get away. As the train pulled into the Fort Totten station, she stood up. Klaiber stood up as well, pulled out a knife, grabbed the victim in a bear hug and stabbed her in the back. One of the victim’s friends sprayed Klaiber in the face with Mace or pepper spray. Klaiber released the victim, and she and her friends fled through interior train doors into a different Metro car. Klaiber continued to follow them until the exterior doors opened. The victim and her friends then ran into the Metro station, with Klaiber making threatening and harassing statements as he kept following them.

            One of the friends pointed out the defendant to Metro Transit Police officers, who apprehended him just outside the station. Police recovered a black folding knife with a three-inch, partially serrated blade in a search of the defendant.

            The victim, who later identified Klaiber as her assailant, required medical treatment for her injuries.

            Klaiber has been in custody since his arrest.

            When he committed the crime, Klaiber was on probation in two other Superior Court cases before the Honorable Patricia A. Broderick for attempted robbery and possession of a prohibited weapon, a knife.  As a result of the defendant’s plea in this case, Judge Broderick revoked Klaiber’s probation and sentenced him to 20 months on the attempted robbery charge and five months on the weapon charge.  Those sentences will run consecutive to the sentences in the new case.  In total, Klaiber was sentenced to nearly seven years in prison.

            In announcing the sentence, U.S. Attorney Machen commended the work of the Metro Transit Police. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Supervisory Victim/Witness Advocate Jennifer Clark and Assistant U.S. Attorney Christopher Bruckmann, who prosecuted the case.

15-041

            WASHINGTON –Jeffrey Henry Williamson, 49, of Las Vegas, Nev., was sentenced today to 8 years in prison for making threats against a federal law enforcement officer, U.S. Attorney Ronald C. Machen Jr. and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, announced.

            Williamson was found guilty of the charge by a jury in December 2014, following a trial in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Rosemary M. Collyer. Upon completion of his prison term, Williamson will be placed on three years of supervised release.

            According to the government’s evidence, Williamson called the 911 Office of Unified Communications, in Washington, D.C., on June 19, 2014, and during an approximately 4 ½-minute recorded call, threatened to kill an FBI Special Agent who works in Denver. The evidence presented at trial established that Williamson made the threats in retaliation for an investigation of the defendant that the agent conducted in 2005 and 2006. That investigation involved harassing and threatening phone calls that Williamson was making to the Denver FBI field office and federal judges in Denver.

            In 2008, Williamson was prosecuted in the Southern District of Texas for making threatening communications there. He was found guilty following a trial and sentenced to 42 months in prison, to be followed by three years of supervised release. However, Williamson kept up a pattern of harassing communications directed at federal officials. He completed his sentence and was released, but the Court revoked his supervised release. He then completed his second period of incarceration on Nov. 29, 2013. He arrived in Washington, D.C., in May 2014.

            In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge McCabe commended those who investigated the case from the FBI’s Violent Crimes Task Force and the U.S. Marshals Service. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialist Leif Hickling; Criminal Investigators Zachary McMenamin and Durand Odom; Paralegal Specialists Jessica Moffatt and Michelle Holland, and Legal Assistant Donice Adams. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Frederick Yette, who prosecuted the case.

15-040

WASHINGTON – Kimberley Pinkney, a former inspector with the District of Columbia Department of Fire and Emergency Medical Services (DCFEMS), pled guilty today to using her government-issued credit card to purchase over $11,000 in gasoline for her personal vehicle, announced U.S. Attorney Ronald C. Machen Jr. and Robert C. Erickson, Deputy Inspector General of the U.S. General Services Administration (GSA).

            Pinkney, 45, of Washington, D.C., pled guilty in the Superior Court of the District of Columbia to a charge of second-degree felony fraud. The Honorable Juliet McKenna scheduled sentencing for May 5, 2015.  The charge carries a statutory maximum of three years in prison and potential financial penalties. The plea agreement calls for Pinkney to make full restitution.

            Pinkney was arrested in January 2015, following an investigation by the Office of the Inspector General for the U.S. General Services Administration (GSA). She has since resigned from the D.C. Department of Fire and Emergency Medical Services.

“This D.C. employee ripped off $11,000 from the taxpayer, one tank of gas at a time,” said U.S. Attorney Machen.  “A government job is an opportunity to serve the public, not to rob them blind.  I want to thank the agents who dug through the financial records to uncover this fraud.”

            “I appreciate the hard work of our special agents on this case,” said Deputy Inspector General Erickson. “People cannot steal from American taxpayers and expect to get away with it.”

According to a proffer of facts submitted at today’s plea hearing, GSA administers the leases of over 150,000 government vehicles, including 41 to DCFEMS. Each vehicle is assigned a credit card to be used to purchase fuel and pay for other normal vehicle-related expenses, such as car washes and routine maintenance. Charges incurred on the cards are paid with federal funds by GSA. Pinkney was provided with such a credit card for the vehicle she used as an inspector with DCFEMS. Her conduct came to light in the fall of 2014 during a proactive review of purchases associated with the government credit cards. Investigators flagged suspicious activity, such as multiple same-day purchases of gasoline and purchases of more fuel than the vehicle’s tank capacity. A majority of these purchases were made in Southeast Washington.

All told, the investigation revealed that, during the time period of July 7, 2011 through Dec. 10, 2014, Pinkney purchased gasoline at three Southeast Washington gas stations on more than 200 occasions for charging totaling $11,334 for her own personal purposes.

In announcing the plea, U.S. Attorney Machen and Deputy Inspector General Erickson commended those who investigated the case, including the team led by Special Agent in Charge Gerald Garren. They also expressed appreciation for the assistance provided by the Internal Affairs Unit and the command staff of the D.C. Department of Fire and Emergency Medical Services. Finally, they acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kristy Penny and Assistant U.S. Attorney Stephanie G. Miller, who is prosecuting the case.

15-039

WASHINGTON – Diamond Cooper, 35, of Washington, D.C., was sentenced today to a 7 ½-year prison term for a series of armed robberies, carried out while he was on supervised release for a prior conviction, U.S. Attorney Ronald C. Machen Jr. announced.

            Cooper pled guilty in December 2014, in the Superior Court of the District of Columbia, to one count of armed robbery, one count of attempted robbery, and one count of second-degree theft. He was sentenced by the Honorable John McCabe. Upon completion of his prison term, Cooper will be placed on five years of supervised release.

            According to the government’s evidence, Cooper committed three separate armed robberies in Northwest Washington within a 24-hour period.  Beginning on the evening of Sept. 5, 2014, he stole a victim’s iPhone and cash in the 1700 block of Swann Street NW.  At gunpoint, the victim was forced to stay on the ground and count while Cooper fled the scene. Then, less than 24 hours later, Cooper committed similar armed robberies in the 1400 block of R Street NW and the 1400 block of Florida Street NW. In both robberies, Cooper instructed the victims at gunpoint to lay on the ground and count or they would be shot.

After the last robbery, members of the Metropolitan Police Department (MPD) tracked a stolen iPhone to Cooper’s location, where he was in possession of a BB gun and one of the victim’s iPhones. Cooper was arrested on Sept. 6, 2014.

            At the time of his arrest, Cooper was on supervised release following his conviction in 2006 on drug offenses.

In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department’s Third District.  He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Allison Daniels and Assistant U.S. Attorney Christopher Macchiaroli, of the Felony Major Crimes Trial Section, who prosecuted the matter.

15-037

WASHINGTON - Christopher Holmes, 23, of Washington, D.C., was sentenced today to 22 years in prison for killing a man in 2008 after a confrontation at a Southeast Washington barber shop, U.S. Attorney Ronald C. Machen Jr. announced.

            Holmes was found guilty by a jury last month of second-degree murder while armed and possession of a firearm during a crime of violence. The verdict followed a trial in the Superior Court of the District of Columbia.  He was sentenced by the Honorable Rhonda Reid Winston.  Following his prison term, Holmes will be placed on five years of supervised release.

            According to the government’s evidence at trial, on the afternoon of Oct. 29, 2008, Holmes walked into the Classic Kutz barbershop, located in the 3200 block of 22nd Street SE.  The barber shop was crowded that day, with children getting their hair cut, adults waiting for a trim, the barbers, and people like David Tucker, who were merely hanging around.

            Mr. Tucker, 37, made a comment to Holmes to the effect of, “There’s no one in here for you to rob,” which appeared to be a reference to the fact that Holmes had robbed Mr. Tucker’s childhood friend a few weeks earlier.  The argument spilled out into the street, where Holmes pulled out a .40-caliber semi-automatic pistol and pointed it at Mr. Tucker.  Mr. Tucker said to Holmes, “What are you going to do?  Shoot me in broad daylight?”  Holmes then shot Mr. Tucker once in the chest. Mr. Tucker staggered back into the barber shop and collapsed. He died a few moments later. Holmes, meanwhile, fled the scene.

            The murder was among a series of crimes committed by Holmes during a 30-day period. Five days before he killed Mr. Tucker, he committed an armed carjacking. A few weeks later, he shot and wounded another man. Holmes, whose nickname was “Barbeast,” earlier was convicted in both of those cases and is serving prison time for those offenses.

            In announcing the sentence, U.S. Attorney Machen praised the work of the detectives and officers who investigated the case for the Metropolitan Police Department.  He also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegal Specialist Mia Beamon, Litigation Technology Specialist Leif Hickling, and Victim/Witness Advocates Michael Hailey and Marcia Rinker.  Finally, he commended former Assistant U.S. Attorney Jonathan Kravis and Department of Justice Trial Attorney Edward Sullivan, who prosecuted the case, and former Assistant U.S. Attorneys Melinda Williams and Amanda Haines, who investigated the case.

15-038

WASHINGTON – Ryan Chord, 35, of Virginia Beach, Va., was sentenced today to 54 months in prison on federal charges of traveling interstate to engage in illicit sexual conduct with a minor and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

            Chord pled guilty in November 2014 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Christopher R. Cooper. Upon completion of his prison term, Chord will be placed on 10 years of supervised release. He also will be required to register as a sex offender for at least 15 years.

            According to the government's evidence, on Feb. 21, 2014, Chord contacted an undercover officer with the FBI's Child Exploitation Task Force, through a social network site.  Over the next few days, Chord engaged in instant messaging with the undercover officer, whom he believed was the father of an under-aged girl. During this period, Chord arranged with the undercover officer to meet for the purpose of engaging in sexual acts with that child.

            During the course of their communications, Chord also sent the undercover officer approximately 17 images of child pornography.  On March 7, 2014, Chord traveled from Virginia Beach to a pre-arranged meeting place in Washington, D.C.  When he arrived at the meeting place, he was arrested.         

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

            In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Ari Redbord, who prosecuted the case.

15-035

WASHINGTON – Darnell Mason, 22, of Washington, D.C., has been sentenced to 22 ½ years in prison for obstruction of justice and related charges in connection with actions he took following an armed home invasion, U.S. Attorney Ronald C. Machen Jr. announced.

            Mason was found guilty by a jury of obstruction of justice, tampering with physical evidence, and other charges in December 2014, following a trial in the Superior Court of the District of Columbia. He was sentenced on Feb. 27, 2015 by the Honorable William M. Jackson. Following his prison term, Mason will be placed on five years of supervised release.

            According to the government’s evidence at trial, a group of men, who were wearing ski masks, carried out the home invasion at about 2:30 a.m. on Oct. 3, 2013. They saw a taxicab dropping off the victim in the 5700 block of Blaine Street NE. They followed the victim into his home. Once inside, they held the victim, the victim’s fiancé, and the victim’s mother at gunpoint for approximately 40 minutes while they ransacked the home and stole various items. Those items included cash, electronics, and the fiancé’s engagement ring, which the fiancé unsuccessfully tried to hide from the defendants during the burglary.

            The men left the home in two vehicles that belonged to the victims and deposited the proceeds from the burglary inside of a vacant home on Raleigh Street SE. Worried that the police might recover fingerprints from the vehicles they had stolen, the men then drove the vehicles into a field adjacent to an elementary school on Alabama Avenue SE, set the vehicles on fire, and retreated on foot to the vacant home on Raleigh Street SE.

            One of the men was wearing a GPS tracking device in connection with his supervised release in an unrelated robbery case. Members of the Metropolitan Police Department (MPD) used data generated by that device to track the men to the home on Raleigh Street SE. The police barricaded the residence and ultimately arrested a group of men, including Mason, in or near the residence. The police also recovered most of the proceeds of the burglary, along with several ski masks, from the Raleigh Street home. The police did not recover the engagement ring.

            The government’s evidence at trial showed that Mason, while incarcerated at the District of Columbia Jail, called an associate on two occasions and, using veiled language, instructed the associate to return to the attic of the Raleigh Street SE home and recover the gun that was used to commit the home invasion at Blaine Street NE. Despite repeated searches of the Raleigh Street SE residence by the police, that gun was never found.

            After a four-week trial, the jury convicted Mason of multiple counts of destruction of property and tampering with physical evidence, in connection with the destruction of the victims’ vehicles. The jury also convicted Mason of two counts of obstruction of justice, in connection with Mason’s phone calls from jail. And the jury convicted Mason of unlawful entry, in connection with Mason’s hiding out in the Raleigh Street SE home. The jury was unable to reach a verdict, however, on the charges against Mason for the home invasion itself.

            Two co-defendants earlier pled guilty to charges in the case.

            In announcing the sentence, U.S. Attorney Machen praised the work of the detectives and officers who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegals Richard Cheatham and Antoinette Sakamsa, Litigation Technology Specialists Aneela Bhatia and Leif Hickling, Victim/Witness Advocates Jim Brennan and Jennifer Clark, and former intern Harris Davidson. Finally, he commended Assistant U.S. Attorneys Ben Schrader and Karen Seifert, who investigated and prosecuted the case.

15-036

WASHINGTON – Prince Jones, 31, of Washington, D.C., was sentenced today to 66 years in prison for a series of crimes, including two armed sexual assaults of women he met through online advertisements, U.S. Attorney Ronald C. Machen Jr. announced.

            Jones was found guilty by a jury in November 2014, in the Superior Court of the District of Columbia, of two counts of first-degree sexual abuse while armed with aggravating circumstances; two counts of kidnapping while armed; four counts of robbery while armed; and one count of threatening to injure a person.  He was sentenced by the Honorable Jennifer Anderson. Jones also must register as a sex offender for the rest of his life.

            According to the government’s evidence, Jones preyed on women who advertised their services as escorts on backpage.com.  In October 2013, he lured his first victim to a building where he used to live in Southeast Washington, led her into a dark basement, where he held a knife to her throat, and forced her to perform oral sex on him.  After the assault, he forced her back to her car, where her cousin was waiting for her, and robbed both women of their cellphones and several other personal items.

            Two days later, Jones committed the exact same crime on a different woman. Detectives with the Metropolitan Police Department (MPD) were able to locate him within hours of the second assault.  Jones was still armed with the knife he used to commit the assaults, and he had the cell phones of all three of the victims in his car with him.  DNA recovered from the second sexual assault victim’s sexual assault kit, as well as DNA recovered from the crime scene, linked the defendant to the second assault.        

            In announcing the sentence, U.S. Attorney Machen praised the work of the officers and detectives of the Metropolitan Police Department, including the Sexual Assault Unit.  He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Elsa Resendiz; Victim Services Specialist LaJune Thames, Paralegal Specialists Tiffany Jones and Wanda Trice; Information Technology Specialist Leif Hickling, and Criminal Investigator John Marsh.  Finally, he expressed appreciation for the work of Assistant U.S. Attorney Jodi Lazarus who investigated, indicted and tried the case, and Assistant U.S. Attorney Uma Amuluru, who co-tried the case.

15-033

WASHINGTON - Orlando Roberts, 46, of Washington D.C., was sentenced today to 37 ½ years in prison for sexually assaulting a 14-year-old girl within months after he got out of prison for a similar attack, U.S. Attorney Ronald C. Machen Jr. announced.

            Roberts, who in 2001 was convicted of sexually assaulting a 13-year-old girl, was found guilty by a jury in October 2014 of six counts of first-degree sexual abuse of a child. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer Anderson.  Following his prison term, Roberts will be placed on five years of supervised release.  He also must register as a sex offender for the remainder of his life.

            According to the government’s evidence, on July 13, 2014, Roberts drove to the 14-year-old victim’s foster home, together with Javon Henson, 19. Roberts referred to Henson as his “son,” though there was no biological relationship between the two.

            Henson had met the victim online a few days earlier, and he had asked her to accompany him on a date at the park.  The victim responded that she would need the permission of her foster mother.  On the evening of July 12, Roberts called the victim’s foster mother and assured her that he would look out for her foster daughter on her date with his “son.”  The foster mother agreed to meet them the next day.  Arriving at the foster home on July 13, Roberts again assured the foster mother that he would chaperone the entire date between the victim and his “son” and that nothing would happen to her on his watch.  Roberts also lied about Henson’s age, telling the foster mother that he was only 17. After much deliberation, the foster mother agreed to let victim leave her house with Roberts and Henson.

            Roberts drove Henson and the victim to Hains Point.  Although he had told the foster mother that he would drive the victim home immediately after they left the park, he instead took her and Henson back to his home in Northwest Washington.

            Once inside Roberts’s home, Roberts got the victim and Henson into the basement, where his bedroom was located.  Roberts instructed the 14-year-old victim to remove her clothing.  She complied out of fear.  Roberts then retrieved a flashlight from a counter in the basement and proceeded to use the flashlight to show Henson the victim’s genitalia.  The victim was mortified and placed her hands over her eyes.  Roberts then performed various sexual acts on the victim under the guise the he was merely teaching his “son” how to perform those sexual acts.  Roberts directed Henson to perform the same sexual acts that he had just performed.  When he was finished with her, Roberts drove the victim to a mall, where he bought her some T-shirts and a pair of earrings, before taking her back to her foster mother’s house.

            Both Henson and Roberts were subsequently arrested.  Henson immediately admitted his role in the assault and pled guilty to second-degree sexual abuse of a Child.  He testified against Roberts at trial.  He was sentenced today to three years in prison, with all but six months suspended on the condition that he successfully complete five years of probation. He also must register as a sex offender for a period of 10 years.

            In the 2001 case, Roberts was convicted of first-degree sexual abuse of a child for sexually assaulting a 13-year-old girl in the parking lot of Robert F. Kennedy Memorial Stadium. He was sentenced to 14 years of incarceration and released in October 2013—just eight months before sexually assaulting the 14-year-old victim in this matter.  He was registering as a sex offender and under Court order to stay away from all children when he committed this offense.

            In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department, including the detectives of the Youth Investigations Division and the Sexual Assault Branch.  He also expressed appreciation for assistance provided by the Laurel, Md. Police Department as well as Jason Harley, a social worker with the Charles County, Md. Department of Social Services. In addition, he recognized the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson, Paralegals Jason Manuel and Troy Griffith, Criminal Investigator John Marsh, and Elizabeth Trosman, Chief of the Appellate Division, who provided legal advice throughout the trial.

            Finally, he commended the work of Assistant U.S. Attorney Andrea L. Hertzfeld and Jason Park, who investigated and prosecuted the case.

15-034

WASHINGTON – A 28-year-old man, of Washington, D.C., was sentenced today to 25 years in prison for sexually abusing his stepdaughter over a period of several years, U.S. Attorney Ronald C. Machen Jr. announced.

            The man, who is not identified here to protect the privacy of the victim, was found guilty by a jury in October 2014 of multiple counts of first-degree and second-degree child sexual abuse, with aggravating circumstances. He was sentenced by the Honorable John Ramsey Johnson. Upon completion of his prison term, the man will be placed on 10 years of supervised release. He also will be required to register as a sex offender for a period of 10 years.

            According to the government’s evidence, the defendant began molesting his stepdaughter in 2008 or early 2009, when she was 7 or 8 years old. He escalated the inappropriate touching to full sexual intercourse when she turned 11. The abuse occurred primarily on weekends, when the victim’s mother was at work, and continued until May of 2014 when the stepdaughter, then 13, disclosed the abuse to her mother, who contacted police.

            The victim testified that for years, she was afraid to disclose the abuse for a number of reasons, including a claim by the defendant that no one would believe her.

            In announcing the sentence, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s Youth Investigations Division, who investigated the case, and the patrol officers who first responded to the scene.  He also acknowledged the critical services provided to the victim at the District of Columbia Children’s Advocacy Center, and the specialized medical treatment provided by the team of child abuse experts at the Freddie Mac Child and Adolescent Protection Center at the Children’s National Medical Center. In addition, he commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Elsa Resendiz, David Foster, and Katina Adams-Washington, all of the Victim/Witness Assistance Unit; Criminal Investigator John Marsh; Paralegal Specialist Joyce Arthur; Information Technology Specialists Jeanie Latimore-Brown and Anisha Bhatia; and interns Cristina Stam, Melissa Garcia, and Brittany Raia.

            Finally, he commended the work of Assistant U.S. Attorneys John L. Hill and Kenechukwu Okocha, who investigated and prosecuted the case.

15-032

WASHINGTON - Kirk Cheeks, 45, of Washington, D.C., was sentenced today to 12 years in prison for abducting and assaulting a woman in an alley and then firing a gun during a confrontation with police, U.S. Attorney Ronald C. Machen Jr. announced.

            Cheeks pled guilty in December 2014, in the U.S. District Court for the District of Columbia, to charges of kidnapping and assault with a dangerous weapon. The plea, which was contingent upon the Court’s approval, called for a 12-year prison sentence. The Honorable Colleen Kollar-Kotelly accepted the plea and sentenced Cheeks accordingly. Upon completion of his prison term, Cheeks will be placed on five years of supervised release.

            A federal grand jury indicted Cheeks in June 2014 on federal and District of Columbia offenses. He pled guilty to two of the District of Columbia offenses. The defendant has prior convictions for drug, weapons, and felony assault offenses.

            According to the government’s evidence, Cheeks encountered the victim early Feb. 2, 2014, in the area of the 700 block of Girard Street NW. He invited her to walk to his home and drink alcohol, to which she agreed.  While walking through the alley behind the 700 block of Girard Street, he put her in a chokehold and dragged her to the rear of a building and down an incline next to the building.  Neighbors heard her cry for help and called 911.

            Officers from the Metropolitan Police Department (MPD) responded to the alley within minutes of the 911 calls.  When officers arrived, they saw Cheeks on top of the victim, and saw that he was holding his hand over the victim’s mouth, telling her to “shut up.”  An officer pulled Cheeks off the victim and directed him to walk up the incline to the alley, where other officers were waiting for him. Cheeks, however, resisted and began struggling with officers.  He pointed a gun at one of the officers, and during the struggle it discharged a round. After further struggling with officers, the defendant was eventually placed in handcuffs.

            The victim reported to detectives that Cheeks had smothered her, stuck a gun to her head, and raped her.  In his guilty plea, Cheeks denied sexually assaulting her.

            In announcing the sentence, U.S. Attorney Machen commended the work of the officers and detectives of the Metropolitan Police Department’s Third District and Sexual Assault Unit, who investigated the case. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator John Marsh; Victim/Witness Advocate Lezlie Richardson; Paralegal Specialist Jason Manuel, and Assistant U.S. Attorney Arvind K. Lal, who assisted with forfeiture issues.

            Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Amy H. Zubrensky and Cassidy Kesler Pinegar, who prosecuted the case.

15-031

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

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

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

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

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.

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

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.

15-22

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

-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

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.

15-021

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.

15-020

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.

15-019

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.

15-018

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.

15-017

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.

15-016

For Shooting at Special Police Officer
-Defendant Threatened Victim, Left, and Returned to Fire at Him

     WASHINGTON – 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.

15-015

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.

15-014

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.

15-013

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.            

15-012

     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.

15-011

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.

15-010

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.

15-009

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.

15-008

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.

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.

15-006

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. 

15-007

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.

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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.

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