District of Columbia
Press releases recorded for this federal judicial district.
Two District Men Sentenced to Prison Terms for Armed Robberies in Northwest WashingtonPair of Attacks Took Place Within Nine-Day Period; Victims Accosted While Returning to Their HomesRead the Press Release
WASHINGTON – Lamont Lamar Buskey, 34, was sentenced today to 16 ½ years in prison, and Keith Allen Simms, 41, was sentenced to a 12 ½-year prison term, for a pair of armed robberies that took place within a nine-day period in 2013 in the Columbia Heights area of Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Buskey and Simms, both of Washington, D.C., were found guilty by a jury in May 2014 of 11 charges each, following a trial in the Superior Court of the District of Columbia. Each was found guilty of one count of conspiracy, one count of first-degree burglary while armed, one count of second-degree burglary, two counts of armed robbery, two counts of robbery, one count of armed kidnapping, two counts of kidnapping, and one count of carrying a dangerous weapon.
They were sentenced by the Honorable John McCabe. Upon completion of their sentences, both men will be placed on a period of five years of supervised release.
According to the government’s evidence, the first attack took place on the afternoon of Sept. 7, 2013. Two sisters - ages 18 and 14 - were returning to the apartment building where they lived with their parents on 14th Street NW, in the Columbia Heights neighborhood, after spending the day together. Buskey and Simms followed them into their secure building after they opened the door with an access key. Buskey and Simms, who were strangers to the sisters, then followed them onto the elevator. When the elevator opened at the floor where the sisters lived, Buskey and Simms blocked them from getting out. Buskey pulled out what appeared to be a can of pepper spray and also threatened to stab the sisters unless they turned over their jewelry.
Buskey and Simms grabbed chains from their victims’ necks while the sisters screamed. Buskey and Simms then robbed the sisters of their rings and bracelets. When the elevator reached the ground floor, Buskey and Simms fled the building from a side door.
The second attack took place on the morning of Sept. 16, 2013. A man was returning to his rowhouse on Warder Street NW after getting breakfast at a local restaurant. He brought his bicycle into the basement level of the rowhouse, leaving the front door ajar. Buskey and Simms entered the building through the open door. Buskey grabbed the victim’s hands, put them behind the victim’s back, and made him lie down on the floor. Buskey then put his hands around the victim’s mouth and pointed a knife to his neck. Simms, meanwhile, went through the victim’s pockets and clothes while Buskey held the victim down.
Buskey and Simms kicked the victim, and Simms took two cell phones, $5, and keys from the victim’s pockets. Buskey grabbed the keys while Simms took over holding the victim down with a knife to the victim’s neck. Buskey then forced his way into another room in the basement, where two additional people lived. These people were asleep when Buskey forced entry into the room. Buskey, armed with a knife, commanded one of the victims to come to the door, and when the victim complied, Buskey snatched a chain from the victim’s neck.
Buskey and Simms sold the proceeds of both offenses to a pawn shop in Maryland.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives, officers, and crime scene technicians 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 Criminal Investigator Nelson Rhone; Litigation Support Specialist Ron Royal; Paralegal Specialist Debra McPherson, and Victim/Witness Advocate Elsa Resendiz. Finally he thanked Assistant U.S. Attorneys Michelle Parikh and Natalia Medina, who investigated and prosecuted the case.
14-218District Man Pleads Guilty to Charges in Shooting That Killed Two Victims, Injured AnotherDefendant Shot Victims Inside Car Off North Capitol StreetRead the Press Release
WASHINGTON – Jimmie Fleming, 36, of Washington, D.C., pled guilty today to charges stemming from a shooting in which two people were killed and another was wounded while in a car in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Fleming pled guilty in the Superior Court of the District of Columbia to two counts of voluntary manslaughter while armed for the deaths of Donchell Thomas and Derek Price, and one count of aggravated assault while armed, for the shooting of the third victim. The plea, which is contingent upon the Court’s approval, calls for a prison term of 36 years.
Fleming is to be sentenced on Dec. 12, 2014, by the Honorable Robert E. Morin.
According to the government’s evidence, on July 13, 2014, at about 1 a.m., Fleming and a juvenile approached a blue Honda Accord near North Capitol and T Streets NW. Mr. Price, 20, was the driver of the car, and Mr. Thomas, 21, was in the back seat. A second passenger was in the front seat. Mr. Price agreed to drive Fleming and the juvenile down the street.
Fleming and the juvenile entered the back seat, joining Mr. Thomas. As Mr. Price drove the car, Fleming pulled out a gun and fired it at all of the occupants inside the car. This shooting was unprovoked and without any warning. Mr. Price and Mr. Thomas were both shot in the head and died from their respective injuries. The front seat passenger, who survived the incident, was shot multiple times in his torso and arm. The juvenile was not hit by the gunfire.
Due to the shooting, the car crashed at the intersection of North Capitol and T Streets. Fleming fled from the car on foot and ultimately ran to a nearby house, where he was arrested by the Metropolitan Police Department. A search of the home was conducted later that morning. Among other things, the police found a bag of ammunition in the defendant’s room.
In announcing the guilty plea, U.S. Attorney Machen commended the work of the detectives of the Criminal Investigations Division, crime scene officers, and the Fifth Police District of the Metropolitan Police Department. He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughn and Paralegal Specialist Fern Rhedrick. He also praised the efforts of Assistant U.S. Attorney Shana L. Fulton, who prosecuted the case.
14-219Texas Businessman Sentenced to 27 Months in Prison for Carrying Out Nearly $1.7 Million Fraud Scheme-Defendant Kept Proceeds of Business Loan for Personal Benefit-Read the Press Release
WASHINGTON – Arnold Rojas Rivas, 46, a businessman from San Antonio, Texas, was sentenced today to 27 months in prison for a scheme in which he defrauded a federal agency and a private company of nearly $1.7 million, announced U.S. Attorney Ronald C. Machen Jr. and Andrew G. McCabe, Assistant Director of the FBI’s Washington Field Office.
Rojas pled guilty in January 2014 in the U.S. District Court for the District of Columbia to wire fraud. He was sentenced by the Honorable Robert L. Wilkins. Upon completion of his prison term, Rojas will be placed on three years of supervised release. He also was ordered to pay $1,655,925 in restitution and an identical amount in a forfeiture money judgment.
According to the government’s evidence, Rojas was the director of Corporativo Papelero y De Suministros Basicos, S.A. DE C.V. (COPASBA), a company based in Mexico that produced toilet paper and napkins for the Mexican market by converting large rolls of raw paper into final products. The company applied for, and obtained, access to a $10 million credit facility from a finance company based in Hartford, Conn. At the time that COPASBA applied for the credit facility, it was the fifth biggest producer of toilet paper and napkins in Mexico. Funds borrowed from this credit facility were supposed to be used to build a warehouse to house COPASBA’s product and to assist with the company’s general operations.
The credit facility was guaranteed by the Overseas Private Investment Corporation (OPIC), an agency of the U.S. government which has as one of its missions providing insurance, guarantees, financing, and reinsurance for projects in less developed countries and areas. Under the terms of the guarantee agreement, OPIC guaranteed 97.5% of any losses.
In order to obtain access to the funds, Rojas had to submit requests explaining how COPASBA would use the funds, and these requests required Rojas to make a number of representations about COPASBA’s financial condition. In mid-2006, COPASBA requested and received more than $6 million from the facility. In the months after receiving the last of these funds, COPASBA’s position weakened significantly: the company’s cash-on-hand plummeted, workers went on strike, and suppliers began refusing to do business with the company. The company’s condition became so bad during this time that Rojas ordered workers to disassemble the machines the company used to make its paper goods so the machines could be sold. By June 2007, COPASBA had essentially ceased functioning as a company.
Nevertheless, Rojas requested another disbursement of over $1.8 million for COPASBA, failing, in violation of the credit agreement, to inform the finance company or OPIC of the many problems the company had encountered. Unaware of the fact that COPASBA had ceased functioning, the finance company released over $1.8 million from the credit facility to COPASBA. Within moments of COPASBA receiving the funds, Rojas transferred nearly $1.7 million to his personal account. He used these funds for his and his family’s personal benefit.
In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge McCabe commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tasha Harris, Lenisse Edloe, and Shanna Hays; former Assistant U.S. Attorney Matthew C. Solomon, who investigated the matter, and Assistant U.S. Attorney Diane Lucas, who handled forfeiture issues. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Matt Graves and former Acting Deputy Chief Glenn S. Leon and former Trial Attorney Mary Ann McCarthy of the Department of Justice’s Fraud Section, who investigated and prosecuted the matter.
14-217Pennsylvania Man Sentenced to 14 Months in Prison for Possession of Child PornographyRead the Press Release
WASHINGTON – Austin Santee, 22, of Shippensburg, Pa., was sentenced today to 14 months in prison for 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).
Santee pled guilty to the charge in May 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, Santee will be placed on five years of supervised release. He also must register as a sex offender for a minimum of 15 years. During his supervised release, Santee is subject to monitoring of computer and Internet use and restrictions on contact with minors. He also must undergo sex offender testing and treatment.
According to the government's evidence, on Feb. 18, 2014, Santee contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a website known to be frequented by individuals who have a sexual interest in children. Over the next few days, Santee engaged in text message conversations with the undercover officer, whom the defendant believed was the father of an under-aged girl. During the course of their communications, Santee sent the undercover officer approximately eight images depicting child pornography. Law enforcement subsequently obtained a warrant for Santee’s arrest and apprehended him on Feb. 27, 2014. Pursuant to a search of Santee’s cellular telephone, law enforcement discovered the images depicting child pornography that were sent to the undercover officer, along with approximately 230 unique files depicting child pornography.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute those who exploit children, as well as to 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 Assistant U.S. Attorney Cassidy Kesler Pinegar, who prosecuted the case.
14-216Foreign National Pleads Guilty to Smuggling Undocumented African Nationals into the United StatesRead the Press Release
WASHINGTON – A national of Eritrea and citizen of the United Kingdom pled guilty today to smuggling undocumented immigrants from Eritrea and Ethiopia into the United States.
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, and Special Agent in Charge Clark E. Settles of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations’ (HSI) Washington, D.C., Field Office made the announcement.
According to his plea agreement, Habtom Merhay, 47, who operated primarily from his residence in Dubai, orchestrated the unlawful smuggling of up to 99 undocumented African immigrants to the United States for profit. Specifically, Merhay admitted that in exchange for fees up to $14,000, he smuggled immigrants into the United States by providing fraudulent travel documents, purchasing airline tickets for travel to South and Central America, and then coordinating with a network of smugglers to facilitate the travel by air, land and water across Central America and Mexico and into the United States.
Merhay pled guilty today before U.S. District Judge Reggie B. Walton of the District of Columbia, and is scheduled for sentencing on Dec. 16, 2014. Merhay was in the custody of Moroccan authorities between his arrest in Marrakech, Morocco, in August 2013 and extradition to the United States on April 25, 2014.
The investigation was led by HSI’s Washington, D.C., Field Office, with the support of the Human Smuggling Trafficking Center and the U.S. Customs and Border Protection’s National Targeting Center. This case is being prosecuted by Trial Attorney Jay Bauer of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Frederick Yette of the District of Columbia. The extradition was handled by Dan E. Stigall of the Criminal Division’s Office of International Affairs.
The Department of Justice and HSI expressed their appreciation for the significant assistance provided by the Moroccan Ministry of Justice.
14-215Georgia Man Sentenced to 10 Months in Prison for Discharging Waste into Potomac River- Defendant Managed Clean-Up of Storm Sewer System at National Mall -Read the Press Release
WASHINGTON - Patrick Brightwell, 48, of Bogart, Ga., was sentenced today to 10 months in prison on charges that he orchestrated the discharge of waste into the Potomac River at East Potomac Park from 2009 through 2011, during the same period he managed the company hired by the National Park Service to clean out the storm water sewer system on the National Mall.
The sentence was announced by Acting Assistant Attorney General Sam Hirsch of the Environment and Natural Resources Division of the Department of Justice; Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, David G. McLeod, Jr. Special Agent in Charge of the Environmental Protection Agency’s criminal enforcement program for the Middle Atlantic States, and Robert D. MacLean, Acting Chief, United States Park Police.
Brightwell pled guilty in June 2014, in the U.S. District Court for the District of Columbia, to one count of violating the Clean Water Act by knowingly discharging a pollutant without a permit and one count of presenting false claims to the United States. He was sentenced by the Honorable James E. Boasberg. Upon completion of his prison term, Brightwell will be placed on three years of supervised release. He also was ordered to pay $270,667 in restitution to the National Park Service, representing the losses for the work that was not properly performed. Brightwell also must pay a forfeiture money judgment totaling $230,899.
An eight-count indictment of Brightwell was unsealed following his arrest in Georgia on Dec. 5, 2013. The remaining charges were dismissed as part of the guilty plea.
“This government contractor is now paying the price for ripping off the taxpayer and dumping waste in the Potomac River,” said U.S. Attorney Machen. “This prison sentence demonstrates how serious we are about enforcing the Clean Water Act. We will continue to use the criminal laws to protect our country’s most treasured natural resources.”
“The Potomac is a national treasure, and EPA is committed to keeping it safe and clean” said Special Agent in Charge McLeod. “The defendant knowingly dumped untreated wastewater into this historic waterway, and needs to be held accountable. Wastewater that is illegally discharged is a danger to public health and a threat to the environment.”
“The sentence in this case shall serve as a reminder that environmental crimes will not be tolerated by the National Park Service, law enforcement, the criminal justice system, and the community," said Acting Chief MacLean. “I applaud the collaborative efforts of every agency involved as a testament to the inherent dedication to protecting our nation's natural resources.”
According to a statement of offense signed by the government and defendant, from in or about 2007 through 2011, Brightwell was a manager of a company that had a contract with the National Park Service to clean the storm water sewer system on the National Mall. The contract required that waste removed from the Mall’s storm drains and oil-water separators be disposed of at a proper disposal facility in compliance with District of Columbia regulations and federal law.
Brightwell hired employees and subcontractors to perform work under the contract and oversaw their work from 2008 to 2011. To clean the structures, Brightwell and his company used a vacuum truck, a vehicle designed to gather, store, and transport such waste. When the storage compartment in the vacuum truck became full, workers would have to discharge waste from the truck prior to continuing the cleaning.
In 2009, 2010, and 2011, according to the statement of offense, Brightwell directed his employees and subcontractors to discharge waste from the vacuum truck at a storm drain near a parking lot in East Potomac Park, across Ohio Drive from the Potomac River. Brightwell concealed these discharges from the National Park Service and police. Workers also discharged waste at a manhole near Fort McNair in the District of Columbia.
During this period, Brightwell continued to invoice the National Park Service for cleaning services, but concealed and did not disclose that the waste was not being properly disposed, as required by the contract. From 2009 through 2011, Brightwell’s company received approximately $406,000 in payments from the National Park Service related to the contract.
According to the statement of offense, the employees and subcontractors illegally dumped waste at the parking lot approximately two-thirds of the time, and dumped the waste at a proper disposal facility in Fort Washington, Md., about one-third of the time.
The subcontractor, B&P Environmental LLC, and a B&P employee working on June 6, 2011, both pled guilty in November 2014 to violations of the Clean Water Act before the U.S. District Court. As part of their pleas, both the company and employee agreed to cooperate with the government’s investigation. Both the company and employee are awaiting sentencing.
The case was investigated by Special Agent S. Christopher Michael of the EPA and Detective Jon Crichfield of the U.S. Park Police and supported by Environmental Protection Specialists Jerry Crutchley and Justin Young. It was prosecuted by Senior Trial Attorney Lana Pettus of the Department of Justice’s Environmental Crimes Section and Assistant U.S. Attorney Jonathan P. Hooks of the U.S. Attorney’s Office for the District of Columbia. Assistant U.S. Attorneys Anthony Saler and Catherine Connelly of the Asset Forfeiture and Money Laundering Section assisted with the case. Further assistance was provided by Paralegal Specialist Ashleigh Nye of DOJ’s Environmental Crimes Section and Paralegal Specialists Krishawn Graham and Donna Galindo of the U.S. Attorney’s Office.
14-214District Woman Sentenced to 10 Months in Prison for Embezzling over $193,000 from Charitable Organization-Used Money for Vacations, Personal Training, Other Personal Expenses-Read the Press Release
WASHINGTON – Maria Herrmann, 53, of Washington, D.C., was sentenced today to 10 months in prison for embezzling over $193,000 from a charitable organization from 2004 through 2008, announced U.S. Attorney Ronald C. Machen Jr. and Gary R. Barksdale, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service.
Herrmann pled guilty in June 2014, in the U.S. District Court for the District of Columbia, to one count of wire fraud. She was sentenced by the Honorable James E. Boasberg. As part of her guilty plea, Herrmann agreed to forfeit the amount of her fraudulent proceeds, $193,770, and pay the same amount in restitution to the charitable foundation. Upon completion of her prison term, she will be placed on three years of supervised release.
As part of her guilty plea, Herrmann admitted that, between May 2004 and June 2008, she operated an on-line “e-store” with operations meant to raise funds for a non-profit charitable organization. To raise funds, the e-store auctioned various donated goods and services, as well as travel and vacation packages. Herrmann admitted to embezzling over $193,000 by wiring herself funds from the charity’s account, by using the e-store account to pay for personal purchases, and by other means.
Herrmann admitted using the charity’s funds to pay for vacations, personal training, pet care and pet supplies, and gourmet coffee, among other things. Finally, Herrmann admitted disguising her embezzlement from the charity by underreporting the e-store’s revenue.
In addition, at sentencing, the government submitted evidence regarding other misconduct Herrmann engaged in related to travel vouchers she sold through the “e-store.” As set forth in the government’s sentencing memorandum, Herrmann sold these travel vouchers below cost and then, often, deceived customers as to the quality of travel packages they purchased – for example, booking travelers in a lower quality hotel than promised. In June 2008, when her embezzlement was discovered, the operation became unsustainable. Thousands of would-be travel customers then found themselves stuck without airfare or hotels they were promised, including some on the eve of planned wedding and family travel. In the following weeks, the charitable foundation tried to make Herrmann’s customers whole, processing more than 4,000 claims and issuing refunds to over 2,000 customers. Those refunds, and other remedial costs, led to over $5.2 million in losses for the charity.
In announcing the sentence, U.S. Attorney Machen and Inspector in Charge Barksdale expressed appreciation for the work done by those who investigated the case from the U.S. Postal Inspection Service. They also commended the work of those who handled the case from the U.S. Attorney’s Office, including Paralegal Specialists Krishawn Graham and Donna Galindo, and Assistant U.S. Attorney Jonathan Hooks, who investigated and prosecuted the case.
14-213District Man Sentenced to over 11 Years in Prison for Child Pornography and Child Sexual Abuse ChargesMore Than 700 Videos and 100 Images of Child Pornography Seized in Search of Defendant’s ResidenceRead the Press Release
WASHINGTON – Cristian Gutierrez, 22, of Washington, D.C., was sentenced today to 11 years and three months in prison on child pornography and child sexual abuse charges, announced U.S. Attorney Ronald C. Machen Jr., Clark E. Settles, Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), Washington, D.C., and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Gutierrez pled guilty in June 2014 in the U.S. District Court for the District of Columbia to one count of possession of child pornography and two counts of second-degree child sexual abuse. He was sentenced by the Honorable Senior Judge Gladys Kessler. Upon completion of his prison term, Gutierrez will be placed on 15 years of supervised release. During his supervised release, Gutierrez is subject to limitations on computer and Internet use and restrictions on contact with minors. He also must undergo sex offender testing and treatment. Finally, he must register for at least 25 years as a sex offender.
According to the government’s evidence, a law enforcement investigation determined that, between May 4, 2013 and Aug. 13, 2013, Gutierrez received and possessed child pornography on his personal laptop computer and other electronic storage devices at his residence. On various dates during that time-frame, he downloaded numerous images and videos depicting child pornography to his computer using a peer-to-peer file sharing program and made those files available for downloading by other users of the program.
On Aug. 16, 2013, pursuant to a warrant, law enforcement searched the defendant’s residence. Law enforcement located a total of more than 700 videos and more than 100 images depicting child pornography on the laptop and other electronic storage devices. Gutierrez initially denied possessing child pornography, but eventually admitted that he downloaded the suspected child pornography files that were on the laptop computer.
The search led to evidence of the defendant’s other conduct. An investigation revealed that between April and August of 2013, on at least five occasions, Gutierrez touched the genitals on top of the clothing of two 12-year-old boys.
In announcing the sentence, U.S. Attorney Machen, Special Agent in Charge Settles, and Chief Lanier praised the work of the HSI Special Agents who investigated the case and expressed appreciation for the assistance of MPD detectives. They also commended the efforts of Assistant U.S. Attorney Cassidy Kesler Pinegar, who prosecuted the case.
14-212Maryland Woman Sentenced to 6 ½ Years in Prison for Voluntary Manslaughter in Fatal Crash Near Dupont CircleShe Left the Scene After Hitting the VictimRead the Press Release
WASHINGTON - Jorida Davidson, 34, formerly of Chevy Chase, Md., was sentenced today to a 6 ½-year prison term on a charge of voluntary manslaughter stemming from a traffic crash in 2010 that killed a woman near Dupont Circle, U.S. Attorney Ronald C. Machen Jr. announced.
Davidson was found guilty of the charge in July 2014, following a jury trial in the Superior Court of the District of Columbia. She was sentenced by the Honorable Lynn Leibovitz.
In an earlier, separate trial, Davidson was found guilty in June 2011 of negligent homicide, leaving the scene of a collision involving injury, and driving while under the influence of alcohol. That jury at that time was unable to reach a verdict on a charge of voluntary manslaughter, leading to a retrial on that specific charge.
In the earlier case, Davidson was sentenced to three years and nine months in prison, and she now is serving that time. Judge Leibovitz ordered that today’s sentence run concurrently with the prior sentence, meaning today’s proceedings result in 33 additional months of incarceration.
According to the government’s evidence, on Oct. 7, 2010, at about 1:30 a.m., Davidson was operating a 2000 Lexus sport utility vehicle heading northbound on Connecticut Avenue NW, just south of Dupont Circle. She was driving in a lane that would take her into a tunnel that goes under Dupont Circle. At almost the last possible instant, Davidson rapidly changed lanes to avoid going into the tunnel, shifting to a non-tunnel lane on Connecticut Avenue.
At about the same time, the victim, Kiela Ryan, 24, was exiting from a legally parked car on the right side of the street. Davidson hit Ms. Ryan - making no attempt to brake or sound her horn - and then kept driving. An eyewitness got on a bicycle, pursued Davidson’s vehicle and observed the defendant and made a mental note of her car’s tag number.
Davidson, meanwhile, continued driving to her condominium building in Chevy Chase, Md. Police from Montgomery County, Md., found her in the basement garage there, sitting in her vehicle, at about 2:30 a.m. The right front headlight of the vehicle was damaged. The ignition was off, and Davidson had the keys to the Lexus in her hand. She smelled of alcohol and claimed not to know what had happened.
After she was struck, Ms. Ryan was taken to a hospital, where she later died.
In announcing the sentence, U.S. Attorney Machen commended those who worked on the case from the Metropolitan Police Department (MPD). He also cited the efforts of the Montgomery County, Md. Police and the District of Columbia Office of the Chief Medical Examiner. In addition, he acknowledged the work of those who handled the case in the U.S. Attorney’s Office, including Paralegal Specialist Sandra Lane; Information Technology Specialists Anisha Bhatia and Aneela Bhatia; David Foster and Marcia Rinker, of the Victim/Witness Assistance Unit, and Interns Brian Ganjei and Jacob Hjelmaas. He also expressed appreciation for the assistance provided by Assistant U.S. Attorneys John Mannarino and Lauren Bates of the office’s Appellate Division.
Finally, he praised the work of Assistant U.S. Attorneys Michael Liebman and Edward O’Connell, who investigated and prosecuted the case.
14-210Former Background Investigator for Federal Government Sentenced for Making A False StatementRead the Press Release
WASHINGTON – Todd D. Mitnick, 36, a former background investigator who did work under contract for the U.S. Office of Personnel Management (OPM), was sentenced today to three months in prison for his falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Ronald C. Machen Jr. and Patrick E. McFarland, Inspector General for the Office of Personnel Management.
Mitnick, of Plainview, N.Y., pled guilty in June 2014 in the U.S. District Court for the District of Columbia to making a false statement. He was sentenced by the Honorable Senior Judge Thomas F. Hogan. Upon completion of his prison time, Mitnick will be placed on two years of supervised release. During that time, Senior Judge Hogan ordered that he perform 100 hours of community service. In addition, the judge ordered Mitnick to pay $86,181 in restitution to the federal government.
According to a statement of offense submitted to the Court, Mitnick was employed by USIS, formerly known as U.S. Investigations Services, Inc., as an investigator under contract to conduct background investigations on behalf of OPM’s Federal Investigative Services.
Between September 2010 and August 2011, in numerous Reports of Investigations on background investigations, Mitnick represented that he had interviewed a source, including the subject of the background investigation, or reviewed a record regarding the subject of the background investigation. In fact, he had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, or for receiving or retaining security clearances, or for positions involving public trust.
Mitnick’s false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to him during the time period of his falsifications, at an estimated cost of at least $86,181 to the U.S. government.
Federal Investigative Services has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Mitnick, 19 other background investigators and two record checkers have been convicted of charges.
Federal Investigative Services, through its workforce of approximately 7,600, including 6,100 field investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.3 million investigations during the 2013 fiscal year. More than 700,000 of these investigations involved applicants for access or continued access to classified information.
In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation. After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.
In announcing the sentence, U.S. Attorney Machen and Inspector General McFarland praised the efforts of Assistant Special Agent in Charge Nathaniel Smith, OPM, Office of the Inspector General, and Philip Kroop, David Newcomer, and Kevin Cassidy, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Donna Galindo, as well as Assistant U.S. Attorneys Ellen Chubin Epstein and Philip A. Selden, who investigated and prosecuted this matter.
14-211Former Union Official Sentenced to Nine Months of Confinement for Embezzling More Than $190,000 in FundsDefendant Spent Thousands on Hotel Stays, Clothing, Other Personal ExpensesRead the Press Release
WASHINGTON – JC Stamps, a former union official, was sentenced today to nine months of confinement in a community correctional facility for embezzling more than $190,000 from two labor organizations he founded and an employee benefits fund.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division; Bill Jones, Special Agent in Charge for the Washington Region of the U.S. Department of Labor’s Office of Inspector General - Office of Labor Racketeering and Fraud Investigations; Mark Wheeler, District Director of the Washington District Office of the U.S. Department of Labor’s Office of Labor-Management Standards, and Marc Machiz, Philadelphia Regional Office Regional Director, Labor Department’s Employee Benefits Security Administration.
Stamps, 67, of Upper Marlboro, Md., pled guilty in June 2014 to one count of theft from an employee benefit plan. He was sentenced by the Honorable Chief Judge Richard W. Roberts. Upon completion of his period of confinement, Stamps will be placed on three years of supervised release. During that time, Chief Judge Roberts ordered that Stamps perform 100 hours of community service, and be prohibited from holding a position in or being a consultant to a labor organization or employee benefit plan. Chief Judge Roberts also ordered Stamps to pay a total of $192,091 in restitution, as well as a forfeiture money judgment of $84,745.
Stamps, a retired detective from the Metropolitan Police Department (MPD), founded two labor organizations based in Washington, D.C.: the National Union of Protective Services Associations, which represented private security guards, and the National Union of Law Enforcement Associations, which represented police officers. In addition, he founded a security guard firm, Stamps Associates, which also was based in Washington, D.C.
According to a statement of offense, signed by the defendant as well as the government, between 2004 and 2008, Stamps devised a scheme to defraud and embezzle money in several ways from the unions and the National Union of Protective Services Health and Welfare Fund.
In 2007 and 2008, for example, Stamps used money from the health and welfare fund’s bank account to pay American Express for a total of $48,541 in credit card charges for personal purchases and union expenses. None of these charges were related to the administration and operation of the health and welfare fund. Instead they paid for personal expenses, such as hotel stays, furniture, men’s fragrances, clothing, other retail purchases, and online services, as well as for union expenses, including hotel rental (for a holiday party) and automobile rentals.
Also, according to the statement of offense, from 2006 to 2008, Stamps caused the withdrawal of $36,203 from the health and welfare fund bank account to pay an attorney for legal expenses incurred by the unions – and not for the fund’s intended purpose.
In addition to the theft and embezzlement from the health and welfare fund, Stamps stole and embezzled at least $109,866 from the unions from 2004 to 2008. According to the statement of offense, more than half of this money was used to cover debts of Stamps Associates, the security guard company. Other money was used for personal expenses and fraudulent salary payments to an individual identified only as “Person A” in the court documents. “Person A,” who is described in the statement of offense as a close personal friend of Stamps, was nominally the sole owner of Stamps Associates, although Stamps controlled the company.
This case was investigated by the U.S. Department of Labor’s Office of Inspector General, as well as the Labor Department’s Office of Labor-Management Standards and Employee Benefits Security Administration. Assistance was provided by Assistant U.S. Attorney Anthony Saler, who is handling forfeiture issues; Paralegal Specialist Donna Galindo, and former Paralegal Specialists Shanna Hays, Lenisse Edloe, and Nicole Wattelet, all of the U.S. Attorney’s Office for the District of Columbia.
The case was prosecuted by Assistant U.S. Attorney Ellen Chubin Epstein of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney Kelly Pearson of the Department of Justice’s Organized Crime and Gang Section.
14-209South Carolina Man Pleads Guilty to Second-Degree Murder in 22-Year-Old Murder Case-Admits Taking Part in Memorial Day Killing of Man at Hains Point-Read the Press Release
WASHINGTON – Lamont Terry, 39, formerly of Columbia, S.C., pled guilty today to a charge of second-degree murder in the slaying of a man during an attempted robbery on Memorial Day of 1992 in East Potomac Park, U.S. Attorney Ronald C. Machen Jr. announced.
Terry pled guilty on the same day that his trial was to begin in the Superior Court of the District of Columbia. The plea agreement, which is contingent upon the Court’s approval, calls for a sentence of 20 to 60 years in prison, with all but 20 years to be suspended. The Honorable Robert E. Morin scheduled sentencing for Nov. 14, 2014.
According to the government’s evidence, on May 25, 1992, Terry and several other individuals drove from Arlington, Va. to the District of Columbia, looking for someone to rob. In preparation for the robbery, Terry retrieved a sawed-off shotgun, which he brought with him. At approximately 11 p.m., Terry and his friends entered the Hains Point area of East Potomac Park in Southwest Washington. At that time, they came upon the victim, Chet Matthews, 27, who was seated in a parked vehicle on Ohio Drive.
Terry forcibly removed Mr. Matthews from the car, made him get down on his knees, and began demanding money and jewelry from him. Mr. Matthews pleaded that he had nothing and struggled to remove his rings. While his accomplices searched Mr. Matthews’s car for anything of value, Terry suddenly pulled the trigger on the sawed-off shotgun. He shot Mr. Matthews one time through his chest at close range. All of the men then fled the park. Mr. Matthews, an Army veteran who was employed as a postal carrier, was pronounced dead a short time later.
Today’s plea is the latest in a series of successful prosecutions by the U.S. Attorney’s Office of older homicide cases. Working with the Metropolitan Police Department (MPD) and other law enforcement partners, the office has a specially designated Cold Case Unit that prosecutes these older cases. In this case, new evidence was obtained that led to the filing of the murder charge against the defendant in January 2012.
Terry was arrested in Columbia, S.C., in January 2012 by a fugitive apprehension task force of the U.S. Marshals Service. He has remained in custody ever since.
In announcing the plea, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department. He also expressed appreciation for the assistance provided by the U.S. Marshals Service in the District of South Carolina, as well as the Capital Area Regional Fugitive Task Force in Washington, D.C. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Fern Rhedrick, Debra Joyner, and Alesha Matthews Yette; Victim/Witness Security Specialists David Foster and Katina Adams-Washington; Victim/Witness Advocate Tamara Ince; and Litigation Technology Specialists Joshua Ellen, Kimberly Smith, Thomas Royal, Anisha Bhatia, and Aneela Bhatia.
Finally, he commended the work of Assistant U.S. Attorney S. Vinét Bryant, who investigated and prosecuted the case.
14-208Former Controller for Washington, D.C. Law Firm Pleads Guilty to Federal Charge in Theft of over $960,000-Defendant Shifted Money from Firm’s Bank Accounts-Read the Press Release
WASHINGTON - Marc England, 44, pled guilty today to a federal charge stemming from his theft of over $960,000 from a Washington, D.C. law firm, announced U.S. Attorney Ronald C. Machen Jr. and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
England, of Covington, La., pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud. The Honorable Judge Tanya S. Chutkan scheduled sentencing for Dec. 2, 2014. Under federal sentencing guidelines, England faces a likely range of 33 to 41 months of incarceration, as well as a fine of up to $75,000. The government maintains that the victim’s losses total at least $961,404. Under the plea agreement, England also must pay restitution to the victim. England is subject to an additional forfeiture money judgment.
According to the government’s evidence, England worked at a firm identified in court documents as “Company A,” a small law firm in Washington, D.C., as the company’s controller. Beginning in August 2008, England began sending wire payments from the law firm’s bank account directly to various credit card accounts that he himself held. For some of the unauthorized transactions, England used the firm’s electronic accounts system to create fraudulent invoices appearing on their face to justify his unauthorized debits. Over the course of a four-year period, England caused the firm to execute 126 separate interstate wire transfers of monies from the firm’s checking account to various accounts held by England.
In announcing the plea, U.S. Attorney Machen and Assistant Director in Charge McCabe commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged 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 Catherine K. Connelly and Arvind K. Lal, who handled forfeiture issues, and Assistant U.S. Attorney Richard DiZinno, who investigated and prosecuted the matter.
14-207Former College Student Pleads Guilty to Unregistered Possession of Ricin-Toxin Found Last Winter in His Dorm Room-Read the Press Release
WASHINGTON – Daniel Milzman, 19, of Bethesda, Md., pled guilty today to a federal offense stemming from the discovery of a plastic bag of lethal ricin in a dormitory room where he was staying while he was a student at Georgetown University.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
Milzman pled guilty to a charge of unregistered possession of a biological agent or toxin. He appeared before the Honorable Ketanji Brown Jackson in the U.S. District Court for the District of Columbia. The plea agreement, which is contingent upon the Court’s approval, calls for a prison sentence falling somewhere within the range of a year and a day to two years of incarceration. Following the prison term, Milzman would be placed on three years of supervised release. He also is subject to financial penalties. Sentencing is scheduled for Nov. 10, 2014.
“Daniel Milzman put himself and others in danger by cooking up a deadly poison in his Georgetown dorm room,” said U.S. Attorney Machen. “Today Mr. Milzman owned up to his reckless behavior and acknowledged his crime before a federal judge. He is very lucky that none of his fellow students were hurt when he decided to manufacture this lethal substance.”
“The FBI, along with D.C. Fire and EMS, acted swiftly to respond to this dangerous situation, to investigate the origin of the ricin, which Mr. Milzman has admitted to possessing, and to assess any remaining potential risks to students on campus,” said Assistant Director in Charge McCabe. “Possessing lethal biological toxins such as ricin is illegal, and those who choose to engage in this risky activity will be prosecuted by our partners at the U.S. Attorney’s Office with the full resources of the FBI.”
According to a statement of offense submitted to the Court today, when law enforcement discovered Milzman’s ricin during the early morning hours of March 18, 2014, he was a student at Georgetown and shared a dormitory room in McCarthy Hall with a roommate.
Prior to law enforcement’s recovery of Milzman’s ricin, on the night of March 17, 2014, Milzman contacted a friend, a student Resident Advisor, and asked whether they could meet; subsequently, the two met in the friend’s dormitory room. When meeting with his friend, Milzman asked if they could have a “confidential” conversation. The Resident Advisor agreed.
During their conversation, Milzman produced a double-wrapped plastic bag containing an off-white powdery substance from his backpack and tossed it on the floor. He told the Resident Advisor that the bag contained ricin, and said that he had made the substance over a period of four days, while on a school break.
The Resident Advisor directly asked Milzman if he intended to use the ricin on another undergraduate student with whom the defendant had a previous personal relationship. Milzman simply shrugged. After Milzman left his friend’s dormitory room, law enforcement officials were notified of the possible presence of ricin in Milzman’s room.
In response to receiving information regarding the possible presence of ricin in Milzman’s dormitory room, on March 18, 2014, at about 2:30 a.m., members of the District of Columbia Department of Fire and Emergency Medical Services and law enforcement officers went to Milzman’s room.
Milzman was taken to a lobby on the first floor of the dormitory, where he voluntarily spoke with law enforcement officers. He admitted that he had made ricin and said that he had placed it in a plastic bag inside his desk. . A small plastic bag containing a powdery substance was located in Milzman’s desk drawer, exactly where Milzman had said it would be. When speaking with law enforcement, Milzman claimed that he intended to use the ricin on himself.
During the investigation, law enforcement confirmed that between Feb. 13 and Feb. 19, 2014, Milzman used key words when searching the Internet that are associated with ricin. Law enforcement also confirmed that from Jan. 1, 2014, through March 18, 2014, Milzman watched various episodes of the television show, “Breaking Bad;” in approximately 13 of the episodes, ricin was used as a weapon to injure or kill someone.”
According to calculations discussed in the Textbook of Military Medicine, Medical Aspects of Chemical and Biological Warfare, a publication of the U.S. Army, and in light of the tests performed on the ricin in this case, the ricin toxin produced by Milzman could have been lethal to an average person weighing 220 pounds, if either inhaled or injected.
Milzman has been in custody since his arrest last March.
In announcing the plea, U.S. Attorney Machen and Assistant Director in Charge McCabe commended the work of those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the assistance that was provided by the Metropolitan Police Department (MPD), the District of Columbia Department of Fire and Emergency Medical Services, the District of Columbia Department of Forensic Sciences; the Georgetown University Police Department; and the U.S. Department of Homeland Security’s National Bioforensic Analysis Center. They acknowledged the work of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney David Mudd; Paralegal Specialist Rayneisha Booth; Legal Assistant Donice Adams, and former Summer Law Clerks Ryan Sellinger and Samantha Goldberg-Seder.
Finally, they commended the work of Assistant U.S. Attorneys Maia L. Miller and Frederick W. Yette, of the National Security Section, who are prosecuting the matter.
14-206U.S. Attorney Machen Announces Formation of Conviction Integrity UnitInitiative Follows Comprehensive Review of Older CasesRead the Press Release
WASHINGTON – U.S. Attorney Ronald C. Machen Jr. today announced the creation of a Conviction Integrity Unit in the U.S. Attorney’s Office for the District of Columbia, promising a vigorous effort to identify and investigate cases that resulted in wrongful convictions. The unit also will make recommendations about ways to improve training, investigations, and prosecution practices to ensure the integrity of future convictions.
The unit 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, who then will determine if further action is needed.
“As prosecutors, our goal is not to win convictions, but to do justice,” said U.S. Attorney Machen. “Although wrongful convictions remain a rare phenomenon, their consequences are tragic – for the defendants involved, for the victims of the crimes that remain unsolved, and for the community we work every day to protect. This new unit will work to uncover historical injustices and to make sure that we are doing everything in our power to prevent such tragedies in the future.”
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.
Today’s announcement follows a four-year review by the U.S. Attorney’s Office of more than 2,000 files involving FBI analysis of hair or fiber evidence. That review was done in the wake of the exoneration of Donald Gates, who was convicted in 1982 of a rape and murder in part on the basis of testimony involving hair evidence. DNA testing – which was not available at the time of Mr. Gates’s trial -- proved in 2009 that he was not the perpetrator.
Over the past several years, the U.S. Attorney’s Office has devoted thousands of hours – including the hiring and assignment of additional staff – to link FBI files documenting hair and fiber analyses to any actual criminal prosecutions that resulted from the investigative work.
More than 100 cases, all prior to 2000, were identified in which convictions were obtained by guilty plea or at trial. A task force of veteran prosecutors then reviewed these matters, and identified one case that recently led to the exoneration of Kevin Martin, who was convicted in 1984 of taking part in a rape-murder. The in-depth reviews of these decades-old cases required enormous effort. The task force consisted of 30 Assistant U.S. Attorneys, who carefully reviewed case-related materials from the courts and law enforcement agencies to assess whether the use of hair or fiber evidence was material to the conviction. The office is sharing results of its work with defense counsel, as well as the Mid-Atlantic Innocence Project.
In addition to Mr. Gates and Mr. Martin, the U.S. Attorney’s Office joined in a request for a certificate of innocence for a man who was convicted in 1981 of rape, armed robbery, and other charges; DNA evidence, which was not available at the time of trial, established that he was not the attacker. The U.S. Attorney’s Office also agreed to vacate the conviction of a man who was convicted in 1981 of felony murder while armed and armed robbery, based largely on testimony involving hairs found on a stocking mask that was located near the scene of the crime. DNA evidence conclusively showed that the hair found in the stocking cap did not belong to the defendant. In that case, the U.S. Attorney’s Office also consented to vacate the conviction of a co-defendant whose conviction was materially affected by the hair found in the stocking cap.
Throughout the four-year review, the U.S. Attorney’s Office reached out to leaders of the local defense bar, reinforcing its commitment to working with defense counsel on cases where previously unavailable DNA testing methodologies might produce profiles from existing biological crime scene evidence that could support a viable claim of innocence.
Now, in designing the Conviction Integrity Unit, the U.S. Attorney’s Office is seeking to establish a program that is both backward and forward-looking, combining a review of existing convictions with an analysis of data to determine ways to improve training, investigation, and practices.
The unit will be 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 unit’s work will be reviewed by a Conviction Integrity Committee, which also will focus on developing better prosecution practices and training.
The review process will include an examination of all materials relating to a defendant’s original conviction, as well as an investigation into the integrity of new evidence proffered by the defendant. The review will recommend whether relief is warranted, such as vacation of the conviction and the issuance of a certificate of actual innocence. Final recommendations are to be submitted to the Conviction Integrity Committee and the U.S. Attorney for approval.
In cases leading to exoneration, the U.S. Attorney’s Office will work to identify the actual perpetrators of the crimes at issue, particularly when DNA evidence is available.
The Special Proceedings Division most commonly responds to motions alleging ineffective assistance of counsel, prosecutorial misconduct, and newly discovered evidence. The Division also responds to motions for release filed by defendants found not guilty by reason of insanity, habeas petitions challenging the actions of the U.S. Parole Commission or the Bureau of Prisons, motions to seal arrest records, and post-sentence motions filed under the Innocence Protection Act and the Sex Offender Registration Act.
14-201Maryland Man Sentenced to 13-Year Prison Term for Sexually Abusing Three-Year-Old GirlDefendant Was Working as Contractor at Child’s HomeRead the Press Release
WASHINGTON - Juan Flores, 37, of Hyattsville, Md., was sentenced today to a 13-year prison term for sexually abusing a three-year-old girl earlier this year, U.S. Attorney Ronald C. Machen Jr. announced.
Flores pled guilty in June 2014, in the Superior Court of the District of Columbia, to a charge of first-degree child sexual abuse. He was sentenced by the Honorable Russell F. Canan. After his prison term, Flores will be placed on five years of supervised release. He also must register as a sex offender for the rest of his life. He also is subject to deportation proceedings.
According to the government’s evidence, on May 2, 2014, Flores was a contractor who was working on a private home in Northwest Washington. Near the end of the work day, he entered the home to retrieve a power cord that had been plugged inside. The victim was at home with her infant sibling and caregiver. The caregiver was upstairs tending to the infant. Flores approached the victim and sexually assaulted her. He then got the power cord and left the house.
The child later disclosed the sexual assault to her mother. The victim’s mother called the Metropolitan Police Department (MPD), and officers and detectives were dispatched.
An MPD detective assigned to the Youth Investigations Division subsequently interviewed all of the contractors who had worked at the house that day. All of the other workers stated that only the defendant went into the house all day. The detective then interviewed Flores, who stated that he went into the house to retrieve the power cord. Flores admitted that he saw the child near him, and then confessed to sexually assaulting her. He said that he stopped the assault because his conscience was killing him and he knew that what he was doing was wrong.
In announcing the sentence, U.S. Attorney Machen commended detectives from the MPD’s Youth investigations Division and Mobile Crime Division. He also praised those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Tracey Hawkins, Paralegal Specialist Jason Manuel, and Assistant U.S. Attorney Amy Zubrensky, who investigated and prosecuted the case.
14-204Former Visa Consultant Sentenced to 37 Months in Prison for Embezzling over $245,000 from EmployerDefendant Also Admitted Collecting Fraudulent Unemployment BenefitsRead the Press Release
WASHINGTON – Claudius Kai Kpakima, 35 of Silver Spring, Md., was sentenced today to 37 months in prison for a federal offense stemming from the embezzlement of more than $245,000 from his employer, a visa processing company, announced U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Bryan Porter, Commonwealth’s Attorney for the City of Alexandria, Va.
In a separate scheme, Kpakima earlier admitted collecting more than $14,000 in fraudulent unemployment benefits.
Kpakima pled guilty in June 2014 in the U.S. District Court for the District of Columbia to a charge of interstate transportation of stolen property. He was sentenced by the Honorable Senior Judge Royce C. Lamberth. Upon completion of his prison term, Kpakima will be placed on three years of supervised release. Kpakima also was ordered to pay restitution of $246,191 to his former employer and another $14,615 to the District of Columbia Department of Employment Services. He also must pay a forfeiture money judgment of $163,589.
According to the government’s evidence, Kpakima worked from May 2011 until November 2012 as a visa consultant for a company identified in court documents as “Company A,” a visa processing company that focused on obtaining expedited visas for individuals and corporate clients across the United States.
Kpakima performed visa processing and expediting duties, and he was able to request money orders from his supervisors through the company’s money order machine. He was required to provide a reason to supervisors for the money orders. Between May 2011 and November 2012, Kpakima fraudulently requested more than 2,900 money orders, which he then cashed at various establishments. He gave the establishments various reasons why he had the money orders, including a false claim that he got them in return for delivering passports.
All told, Kpakima obtained and cashed $246,191 in money orders, even though he was not entitled to any of this money.
In the second scheme, between July 2011 and June 2012, while Kpakima was working for “Company A,” he received $14,615 in fraudulent unemployment benefits from the District of Columbia Department of Employment Services. On at least 35 occasions, he recertified that he was eligible for these benefits when he was in fact working at “Company A.”
Kpakima has several previous convictions for theft and related activity. His plea agreement is part of a broader resolution that includes charges filed in the City of Alexandria, Va. A court appearance there is scheduled for October 2014.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Commonwealth’s Attorney Porter commended the work of those who investigated the case from the FBI and the Alexandria, Va. Police Department. They also expressed appreciation for the assistance provided by the Metropolitan Police Department (MPD) and Assistant Commonwealth's Attorney David Lord of the Alexandria Office of the Commonwealth’s Attorney, who is prosecuting the case in Virginia. They acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Catherine K. Connelly, Deputy Chief of the Criminal Division, who assisted with forfeiture issues; Paralegal Specialist Donna Galindo, and Intelligence Specialist Sharon Johnson. Finally, they thanked Assistant U.S. Attorney Philip A. Selden, who prosecuted the case in the District of Columbia.
14-205District Man Sentenced to 35 Years in Prison for Shooting That Killed One Man, Wounded AnotherDefendant Opened Fire on Group of Young Men as They Walked Down Busy Public StreetRead the Press Release
WASHINGTON – Bernard Fleming, 23, was sentenced today to 35 years in prison for second-degree murder while armed and other charges involving a shooting on a busy public street that killed one man and wounded another, U.S. Attorney Ronald C. Machen Jr. announced.
Fleming, of Washington, D.C., was found guilty by a jury in July 2014, following a trial in the Superior Court of the District of Columbia. In addition to the murder charge, the jury found him guilty of two counts of assault with intent to kill and related weapons offenses. He was sentenced by the Honorable Robert E. Morin.
A co-defendant, Joseph Peoples, 23, also of Washington D.C., was sentenced today to a year in prison for a weapons offense and tampering with evidence in the case.
According to the government’s evidence, Fleming shot the victims at about 10:30 p.m. on Saturday, July 7, 2012, in the 1700 block of Seventh Street NW. The gunfire killed Michael Jones, 30, and injured Mr. Jones’s brother.
Earlier in the day, Fleming got into a physical altercation with Mr. Jones’s brother. Fleming, Peoples, and a third individual then followed Mr. Jones’s brother to his home, banged on the door, threatened him, and demanded that he come outside. They left after Mr. Jones’s brother did not come outside, but returned about 90 minutes later - this time standing outside a window, and at one point shining a laser inside. Concerned for his safety, Mr. Jones’s brother called a friend and Mr. Jones. Soon after that, Mr. Jones, his brother, and two friends set out to try to find Fleming and Peoples to settle the dispute. They encountered Peoples outside an apartment building in the 1700 block of Seventh Street NW, and the shooting followed.
Peoples pulled out a gun. Fleming, who was standing on a balcony above Mr. Jones’s group, began shooting down on the victims. Ballistics evidence suggests that Fleming fired at least 11 shots at the group. Mr. Jones and his friend both took out guns and fired back in defense of themselves and the others in their group. Mr. Jones was struck in the back of the head and was killed almost immediately. Mr. Jones’s brother suffered graze wounds to his chest.
After the shooting, Peoples ran back inside the apartment building, met up with Fleming, and stashed the guns underneath a stairwell; one of the weapons was partially dismantled.
In addition to the sentences in this case, Fleming and Peoples also were sentenced today for their roles in a drug conspiracy that operated in the Shaw area during the summer of 2012. In that matter, Fleming was sentenced to three years and Peoples to 21 months in prison.
In announcing the sentences, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences, the District of Columbia Office of the Chief Medical Examiner, and the U.S. Secret Service. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Erin O. Lyons and Jennifer Kerkhoff; Paralegal Specialists Alesha Matthews Yette, Fern Rhedrick and Mia Beamon; Intelligence Analyst Zachary McMenamin; Litigation Technology Specialist Leif Hickling; Victim/Witness Security Specialists Michael Hailey, M. Laverne Forrest and Debra Cannon, and Victim/Witness Advocate Tamara Ince. Finally, he commended the work of Assistant U.S. Attorneys S. Vinét Bryant and Kathryn Rakoczy, who prosecuted the case.
14-203District Man Sentenced to 20 Years in Prison for Killing Man in Robbery-Victim Was Accosted While Coming Home from WorkRead the Press Release
WASHINGTON – Deandre Shaheed, 19, was sentenced today to 20 years in prison after earlier pleading guilty to second-degree murder while armed in the slaying of a man who was on his way home from work, U.S. Attorney Ronald C. Machen Jr. announced.
Shaheed, of Washington, D.C., pled guilty in July 2014 in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer Anderson. Upon completion of his prison term, Shaheed will be placed on five years of supervised release.
Two other men also pled guilty in July 2014 to charges in the case. Floyd Neal, 21, of Washington, D.C., pled guilty to one count of armed robbery and one count of carrying a dangerous weapon. Lafeyette Robinson, 21, also of Washington, D.C., pled guilty to one count of armed robbery. Neal and Robinson are to be sentenced Oct. 17, 2014.
According to the government’s evidence, on March 14, 2013, Shaheed, Neal, and Robinson decided to rob someone and armed themselves with a sawed-off shotgun. Robinson gave the shotgun to Shaheed. The group walked to the Deanwood Metro station in Northeast Washington, looking for a target.
Once there, they saw the victim, Akinwole Olu Williams, leaving the subway station. Mr. Williams, 31, who had completed his credits at Catholic University and was awaiting the formal graduation ceremony, was enroute home after work and after earlier attending a job fair. He was wearing a business suit and carrying two bags, one of which contained his job fair materials.
The group followed Mr. Williams and confronted him at about 11:40 p.m. in the 1000 block of 44th Street NE. Shaheed took the sawed off shotgun and pointed it at Mr. Williams, demanding his property. Mr. Williams resisted, and the two men wrestled over the shotgun in the street. Shaheed regained control of the weapon, pointed it at Mr. Williams, and shot him. The shot went through Mr. Williams’s job fair folder, through his hand, through his chest, and into his heart. He was taken to a hospital, but lifesaving efforts failed, and he died the following day.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Marcia Rinker; Paralegal Specialists Alesha Matthews Yette, Debra Joyner, and Kendra Johnson; Intelligence Analyst Zachary McMenamin, and Litigation Services Specialist Thomas R. Royal. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Deborah Sines and Michelle Bradford, and former Assistant U.S. Attorney Reagan Taylor, who prosecuted the case.
14-202Former Background Investigator for Federal Government Pleads Guilty to Making A False StatementRead the Press Release
WASHINGTON – Gina M. Adams, 46, a former background investigator for the U.S. Office of Personnel Management (OPM), pled guilty today to a charge stemming from her falsification of work on background investigations of federal employees and contractors, announced U.S. Attorney Ronald C. Machen Jr. and Patrick E. McFarland, Inspector General for the Office of Personnel Management.
Adams, of Glen Burnie, Md., pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Colleen Kollar-Kotelly scheduled sentencing for Dec. 18, 2014. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000. As part of the plea, Adams has agreed to pay $10,000 in restitution to the federal government.
According to a statement of offense submitted to the Court, Adams was employed as a Special Agent of OPM’s Federal Investigative Services.
From at least the summer of 2013 through April 2014, in at least 10 Reports of Investigations on background investigations, Adams represented that she had interviewed a source or reviewed a record regarding the subject of the background investigation. In fact, she had not conducted the interviews or obtained the records of interest. These reports were utilized and relied upon by the agencies requesting the background investigations to determine whether the subjects were suitable for positions having access to classified information, for positions impacting national security, for positions of public trust, or for receiving or retaining security clearances.
Adams’s false representations have required Federal Investigative Services to reopen and rework numerous background investigations that were assigned to her during the time period of her falsifications, at an estimated cost of at least $10,000 to the U.S. government.
Federal Investigative Services has a robust integrity assurance program which utilizes a variety of methods to ensure the accuracy of reported information. The falsification of investigative case work by the defendant was detected through the program.
This is one of numerous cases prosecuted by the U.S. Attorney’s Office for the District of Columbia since 2008 involving false representations by background investigators and record checkers working on federal background investigations. In addition to Adams, 19 other background investigators and two record checkers have been convicted of charges.
Federal Investigative Services, through its workforce of approximately 7,600, including 6,100 field investigators, is responsible for conducting background investigations for numerous federal agencies and their contractors, on individuals either employed by or seeking employment with those agencies or contractors. Federal Investigative Services conducted more than 2.3 million investigations during the 2013 fiscal year. More than 700,000 of these investigations involved applicants for access or continued access to classified information.
In performing background investigations, the investigators conduct interviews of individuals who have information about the person who is the subject of the review. In addition, the investigators seek out, obtain, and review documentary evidence, such as employment records, to verify and corroborate information provided by either the subject of the background investigation or by persons interviewed during the investigation. After conducting interviews and obtaining documentary evidence, the investigators prepare a Report of Investigation containing the results of the interviews and document reviews, and electronically submit the material to OPM in Washington, D.C. OPM then provides a copy of the investigative file to the requesting agency, which can use the information to determine an individual’s eligibility for employment or a security clearance.
In announcing the plea, U.S. Attorney Machen and Inspector General McFarland praised the efforts of Assistant Special Agent in Charge Nathaniel Smith, OPM, Office of the Inspector General, and Philip Kroop, David Newcomer, and Jeffrey Addicks, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Donna Galindo of the U.S. Attorney’s Office, as well as Assistant U.S. Attorney Ellen Chubin Epstein, who investigated and prosecuted this matter.
14-200Area Chiropractor Pleads Guilty to Health Care Fraud in Scheme Involving Billings to D.C. Medicaid ProgramDefendant Signed Prescriptions and Plans for Home Health Care Even Though He Was Not Qualified to ActRead the Press Release
WASHINGTON – Lewis J. Levine, 57, a chiropractor who practiced in Southeast Washington, pled guilty today to a federal charge of health care fraud for his role in a scheme involving fraudulent claims to the District of Columbia Medicaid program.
The guilty plea 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 Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.
Levine, of Laurel, Md., pled guilty in the U.S. District Court for the District of Columbia. The Honorable Colleen Kollar-Kotelly scheduled a status hearing for Jan. 8, 2015. The charge carries a statutory maximum of 10 years in prison and financial penalties. Under federal sentencing guidelines, the parties have agreed that Levine faces a likely range of 10 to 16 months in prison and a fine of $3,000 to $30,000. He also has agreed to pay $50,260 in restitution to the D.C. Medicaid program and an identical amount in a forfeiture money judgment.
The plea agreement calls for Levine to cooperate in a continuing investigation involving fraud, kickbacks, and false billings in the field of home care services for D.C. Medicaid patients.
The fraud involved D.C. Medicaid payments for home care services to be performed by personal care aides, working for home care agencies. The aides assist Medicaid beneficiaries in performing activities of daily living, such as getting in and out of bed, bathing, dressing, keeping track of medication, and so forth. In order to be covered for such benefits, the beneficiaries must get prescriptions from physicians or advanced practice registered nurses. D.C. Medicaid only reimburses for care services if a physician determines after a physical examination that the beneficiary has functional limitations impairing activities of daily living. The prescriptions, also known as “intakes,” propose the frequency and duration of the services to be provided. The prescriptions are translated later into plans of care, also to be signed by the physician.
In the District of Columbia, a typical prescription, or “intake,” calls for eight hours of personal care services per day for five days per week, or eight hours per day for seven days per week. Over the six-month time span authorized by such a prescription, D.C. Medicaid could pay between $16,952 and $23,732 for personal care services provided to one beneficiary.
According to a statement of offense, signed by the government as well as the defendant, Levine is licensed as a chiropractor in the District of Columbia, not as a physician. He worked at the Anacostia Neck & Back Pain Center in Southeast Washington. He was not authorized to prescribe personal care services, and he was not enrolled as a provider in D.C. Medicaid.
“This chiropractor fueled health care fraud in the District of Columbia by signing hundreds of fake prescriptions used to bilk Medicaid in exchange for cash payments,” said U.S. Attorney Machen. “Levine even signed off as the ‘ordering physician’ on prescriptions for patients that he never even met. His guilty plea is another step forward in our efforts to address the epidemic levels of fraud in D.C.’s home health care industry. We will continue to battle this fraud that diverts precious taxpayer dollars, drives up the cost of health care, and jeopardizes the strength of a program that serves the most vulnerable members of our society.”
“Mr. Levine took advantage of D.C.’s Medicaid program by taking money from home health care agencies in exchange for illegally writing prescriptions for patients he never saw or services he was not qualified to provide, ” said Assistant Director in Charge McCabe. “The FBI, with our partners at HHS-OIG, will continue to investigate this criminal activity which impacts our health care system and our public safety, and makes it more difficult for those who truly deserve to receive proper health care services.”
“Being a health care provider in the Medicaid program is a privilege, not a right. When Lewis Levine sold prescriptions for personal care services that he was not even authorized to prescribe, just to enrich himself, he violated the basic trust that taxpayers extend to health care professionals,” said Special Agent in Charge DiGiulio. "Our agents will continue to work with the Department of Justice to root out all forms of waste, fraud and abuse in our federal health care programs.”
According to the statement of offense, Levine and others carried out their scheme to defraud the D.C. Medicaid program from approximately November 2012 through February 2014. Personal care aides, working for at least eight home care agencies, brought numerous beneficiaries to Levine, and he wrote prescriptions and plans of care, listing himself as the “ordering physician,” after brief examinations; sometimes, however, he never even met the beneficiary.
Levine initially was paid $75 for each D.C. Medicaid beneficiary brought to his office by a personal care aide, but he later increased the size of the cash payments to $150. Levine’s prescriptions, or “intakes,” typically included a diagnosis such as “chronic severe back pain” and called for services for eight hours a day, seven days a week, for six months.
During the course of the fraud scheme, Levine signed hundreds of prescriptions and plans of care, and in exchange collected at least $50,260 in cash payments from D.C. Medicaid beneficiaries and personal care aides. Home care agencies used Levine’s prescriptions and plans of care to support and justify their claims for payment to Medicaid – even though the paperwork was invalid on its face because it was not prescribed or signed by a physician as required.
This investigation was conducted by the FBI’s Washington Field Office and the U.S. Department of Health and Human Services, Office of Inspector General. Assistance was provided by the District of Columbia’s Department of Health Care Finance and other agencies.
This case is being prosecuted by Assistant U.S. Attorneys Ted Radway, Lionel André, and Michael Friedman, and Special Assistant U.S. Attorney Dangkhoa Nguyen, of the office’s Fraud and Public Corruption Section, and Assistant U.S. Attorney Anthony Saler of the office’s Asset Forfeiture and Money Laundering Section.
The FBI has set up a hotline number to report suspected incidents of Medicaid fraud: 855-281-1242. People can also provide information by e-mail to [email protected].
HHS-OIG also has a hotline that can be reached at 800-HHS-TIPS or by visiting the agency’s website at http://oig.hhs.gov/ and clicking on the “Report Fraud” tab.
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Numerous agencies are participating in the broader investigation into Medicaid fraud, including the U.S. Secret Service; the Medicaid Fraud Control Unit of the District of Columbia’s Office of the Inspector General; the Internal Revenue Service-Criminal Investigation; the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI); the Office of Labor Racketeering and Fraud Investigations, Office of Inspector General, Department of Labor; the Social Security Administration, Office of Inspector General, and the Medicaid Fraud Control Unit of the Maryland Attorney General’s Office.Three Members of Northeast Washington Crew Plead Guilty to Charges in Three SlayingsCrew Operated in Area of 21st and Maryland Streets NE; Shootings Took Place in 2007 and 2011Read the Press Release
WASHINGTON – Anthony Hatton, James L. Harris, and Jekwan Smith, all members of a crew that operated in and near 21st Street and Maryland Avenue in Northeast Washington, pled guilty today to charges stemming from a series of murders that took place in the area, U.S. Attorney Ronald C. Machen Jr. announced.
Hatton, 21, Harris, 22, and Smith, 23, all of Washington, D.C., pled guilty on the day their trial was to begin in the Superior Court of the District of Columbia. According to the government’s evidence, the defendants and other crew members sold drugs and carried guns in the area of 21st and Maryland NE and committed violent crimes, including killing those whose interests were contrary to those of the crew.
Hatton pled guilty to a charge of second-degree murder while armed for the murder of Tyrell Fogle, which took place at about 10:30 p.m. on Aug. 29, 2011. Mr. Fogle, 17, was shot multiple times and collapsed in front of a building in the 1900 block of Bennett Place NE.
Harris and Smith pled guilty to voluntary manslaughter while armed for the shooting death of Isaiah Sheffield, which took place at about 1:45 a.m. on Sept. 24, 2011. Mr. Sheffield, 24, was shot in the 1100 block of 21st Street NE.
Smith also pled guilty to voluntary manslaughter while armed for the shooting death of Michael Pearson, which took place at about 8:20 p.m. on Oct. 29, 2007. Mr. Pearson, 27, was shot in the 2100 block of I Street NE.
The plea agreements, which are contingent upon the Court’s approval, call for Hatton to be sentenced to 15 years of incarceration, Harris to 10 years, and Smith to 17 ½ years in prison. The Honorable Lynn Leibovitz scheduled sentencing for Nov. 14, 2014.
In announcing the pleas, U.S. Attorney Machen praised the investigative work of the Metropolitan Police Department, U.S. Park Police, and the U.S. Marshal Service. He also expressed appreciation for the work of Dr. Lois Goslinoski and Dr. Marie Pierre-Louis of the Office of the Chief Medical Examiner of the District of Columbia. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Alesha Matthews and Meridith McGarrity; Intelligence Analyst Zachary McMenamin; Criminal Investigator Durand Odom; Witness Security Specialists Debra Cannon, David Foster, Michael Hailey, and Tanya Via; Litigation Services Specialists Ron Royal, William Henderson and Paul Howell; and Victim/Witness Advocate Marcia Rinker.
Finally, he commended the work of Assistant U.S. Attorneys Laura R. Bach and Erin O. Lyons, who investigated and prosecuted the cases.
14-198Former Defense Department Employee Pleads Guilty to Carrying Out $2.5 Million Health Care Fraud-Veteran Admits Submitting Fraudulent Claims for Medical Expenses-Read the Press Release
WASHINGTON – Jonathan M. Hargett, a former civilian employee of the Department of Defense, pled guilty today to a charge of health care fraud stemming from a scheme in which he collected over $2.2 million after submitting fraudulent claims for federal health care benefits.
The guilty plea was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Robert E. Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS); Patrick E. McFarland, Inspector General for the Office of Personnel Management (OPM); Gregg Hirstein, Special Agent-in-Charge of the U.S. Department of Veterans Affairs (VA) Office of Inspector General, Central Field Office of Investigations, and Frank Robey, Director of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit.
Hargett, 41, formerly of Germany, pled guilty in the U.S. District Court for the District of Columbia. He was indicted in October 2013, extradited from Germany, and returned to the United States in July 2014. The Honorable Senior Judge Paul L. Friedman scheduled sentencing for Nov. 18, 2014. The charge carries a statutory maximum of 10 years in prison and financial penalties. Under federal sentencing guidelines, Hargett faces a likely prison term of 46 to 57 months and a fine between $10,000 and $100,000. The plea agreement calls for Hargett to pay over $2.2 million in restitution to the United States. He also is subject to a forfeiture money judgment in the same amount. The government has seized more than $704,000 from Hargett’s bank accounts, and German authorities have seized or frozen over $500,000.
According to a statement of offense submitted to the Court today, and signed by the government and the defendant, Hargett worked from 1996 through 2012 in various positions as a civilian employee for the Department of Defense in Germany. From January 2011 through May 2012, he was an intelligence analyst stationed in Heidelberg. Previously, he had served in the U.S. Army from 1992 to 1996.
As a federal employee stationed overseas, Hargett was enrolled since 2002 in the Foreign Service Benefit Plan (FSBP) a health care benefit program. Because of his service in the Army, he also was eligible for health care coverage from the U.S. Department of Veterans Affairs. For veterans working or residing abroad, the VA provides this coverage through its Foreign Medical Program (VA-FMP).
From January 2007 through April 2012, according to the statement of offense, Hargett carried out a scheme to submit fraudulent claims and invoices to the FSBP and the VA-FMP. The claims falsely represented that he bought prescription medications and other pharmaceutical items from a pharmacy in Germany. They also falsely represented that he had received and paid for various health care items and services from a doctor in Germany. Hargett also created and submitted forged invoices and other fraudulent paperwork.
All told, Hargett admitted submitting more than $2.5 million in false claims to the two programs. He was paid more than $2.2 million, including about $943,519 from the FSBP and $1,261,512 from the VA-FMP.
This case was investigated by the Defense Criminal Investigative Service, the Office of the Inspector General for the Office of Personnel Management, the Office of the Inspector General for the Department of Veterans Affairs, and the U.S. Army Criminal Investigation Command. Assistance was provided by the Office of International Affairs in the Justice Department’s Criminal Division; the Department of Defense; former Assistant U.S. Attorney Courtney G. Saleski; Paralegal Specialist Donna Galindo, and former Paralegal Specialist Nicole Wattelet.
The case is being prosecuted by Assistant U.S. Attorneys Ted Radway and Peter Lallas, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, with assistance from Assistant U.S. Attorney Diane Lucas, of the office’s Asset Forfeiture and Money Laundering Section.
14-196District Man Sentenced to 46 Months in Prison in $3 Million Embezzlement Scheme-Defendant Bought House and Trips to Las Vegas, Atlantic City, Miami, and Hawaii-Read the Press Release
WASHINGTON – Howard E. Person, Jr., 37, of Washington, D.C., was sentenced today to 46 months in prison on charges stemming from his embezzlement of $3 million from a small business in the District of Columbia, using his employer’s money for the purchase of a house, trips to casinos in Las Vegas and Atlantic City, and other personal expenses.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and Kathy A. Michalko, Special Agent in Charge, Washington Field Office, U.S. Secret Service.
Person pled guilty in May 2014 in the U.S. District Court for the District of Columbia to interstate transportation of money taken by fraud. He was sentenced by the Honorable Reggie B. Walton. Upon completion of his prison term, Person will be placed on three years of supervised release. He also must pay approximately $3.2 million in restitution and an additional $5,000 in a forfeiture money judgment.
According to the government’s factual proffer, Person was hired to be the Finance Director of a small business in the District of Columbia. As the Finance Director, Person managed and maintained all of the financial accounts and records for the company. He was responsible for and oversaw the company’s payroll, accounts receivable, accounts payable, invoices, bank accounts, loans, and expense payments. From March 2008 to September 2011, Person diverted money from the company to another account which he exclusively controlled in order to embezzle money from the company. He accomplished the theft by opening a bank account in the name of the company but with himself as the sole person with authority to conduct financial transactions on the account. The owner of the company was not aware of this account and did not authorize Person to maintain a company account solely in his exclusive control.
Person then obtained payment checks which had been mailed or delivered from the company’s clients for payment of work performed; instead of depositing the checks into the authorized company bank account, Person caused them to be deposited into the secret account over which he had exclusive control. Person arranged for clients to make electronic payments to the secret account instead of the authorized account for work performed by the company.
Person also arranged for a finance company to send money to the secret account through its system of financing Accounts Receivable for expected payments for work performed by the company, without the knowledge and permission of the owner.
Through this method of depositing checks, diverting client payments, and financing loans, Person obtained in the secret account approximately $6,545,000, which was due and owing the company.
In order to conceal the theft, Person transferred approximately $3,336,000 from the secret account to the company-authorized account and at times paid legitimate company expenses. He also used fake invoices substantially underreporting the amounts of money due and owing to the company. In this way, Person was able to trick the owner into believing that the amounts of deposits into the authorized account matched the incoming money as reflected on the fake invoices.
Person also obtained debit cards on the secret account enabling him to charge goods and services to be paid by the money in the secret account which was funded by money he stole from the company. Person spent the $3,209,000 in stolen money for his own personal business and enjoyment, including: purchasing his home in the District of Columbia, in an amount in excess of $340,000; paying for trips to Las Vegas, Atlantic City, Miami, the Dominican Republic, and Hawaii; transferring money into his personal bank account and into his side-line business account; funding parties and shows; and causing withdrawals of over $55,000 in cash from ATMs and over $35,000 in debit card purchases at casinos in Las Vegas and Atlantic City.
In announcing the sentence, U.S. Attorney Machen, Chief Lanier, and Special Agent in Charge Michalko expressed appreciation for the work performed by MPD detectives from the Financial Crimes and Fraud Unit as well as by the Special Agents and financial analysts from the U.S. Secret Service. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Criminal Investigator Juan Juarez; Paralegal Specialists Kristy Penny, Donna Galindo and Corinne Kleinman; Assistant U.S. Attorneys Christopher Kavanaugh and Anthony Saler; former Assistant U.S. Attorney Mary Chris Dobbie, and Assistant U.S. Attorneys Virginia Cheatham and Bryan Seeley, who prosecuted the case.
14-197Former Director of Advance Operations in 2010 Mayoral Campaign Pleads Guilty to Conspiring to Violate Campaign Finance LawsDefendant Served as Candidate’s Official Driver; Also Admits Receiving Secret Contributions for His Own 2008 D.C. Council CampaignRead the Press Release
WASHINGTON – Mark Long, 47, the former Director of Advance Operations for the 2010 campaign of a mayoral candidate in the District of Columbia, pled guilty today to conspiring to defraud the District of Columbia’s Office of Campaign Finance by funding and concealing contributions in excess of those permitted under D.C. campaign finance laws.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).
Long pled guilty in the Superior Court of the District of Columbia to conspiring to violate District of Columbia campaign finance laws by defrauding the District of Columbia’s Office of Campaign Finance. He appeared before the Honorable Anita Josey-Herring. No sentencing date was set. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under the Court’s voluntary sentencing guidelines, the parties have agreed that Long faces a range of one to 12 months in prison, or, possibly, probation.
The guilty plea calls for Long to cooperate fully in an ongoing investigation. The charge involves Long’s work on behalf of a candidate in the 2010 election for Mayor of the District of Columbia. Long admitted that he worked as the director of advance operations for the candidate, who is identified in court documents as “Mayoral Candidate A.” Long admitted that he received payment for his services to the campaign from business owner Eugenia C. Harris, who had received the funds from another business owner, Jeffrey E. Thompson, who at the time of the offense controlled one of the District’s largest government contracts. He admitted knowing that Thompson and Harris intended to conceal, and did in fact, conceal, these payments from the Office of Campaign Finance.
Long also admitted working through Thompson and Harris to conceal excessive contributions for his own unsuccessful 2008 campaign for an At-Large seat on the Council.
Long is the third former Council candidate to plead guilty to conspiracy charges that involve concealed contributions from Thompson. Thompson pled guilty in March 2014 to two felony charges involving his campaign finance activities, Harris pled guilty to charges in July 2012. Both are awaiting sentencing and both are cooperating in the investigation.
The other Council candidates who entered guilty pleas include Kelvin Robinson, who admitted receiving money for his unsuccessful 2010 campaigns for the Ward 6 and At-Large seats, and Jeff Smith, who admitted receiving money for his unsuccessful 2010 campaign for the Ward 1 seat. Robinson is awaiting sentencing. Smith was sentenced on Aug. 28, 2014, to 60 days in jail, in addition to a year of probation, 400 hours of community service, and a $10,000 fine.
A fourth candidate, former District of Columbia Council member Michael A. Brown, pled guilty to charges in an unrelated bribery investigation. In those proceedings, he publicly admitted that his campaign committees had secretly received money from Thompson.
A total of six people have now pled guilty to charges involving the 2010 mayoral election. In addition to Long, Thompson and Harris, the other defendants have included Vernon Hawkins, who was a volunteer advisor in 2010 for “Mayoral Candidate A.” and Howard L. Brooks and Thomas W. Gore, who both worked on “Mayoral Candidate A’s” campaign.
“Mark Long’s guilty plea is further evidence that this 2010 mayoral campaign was rife with corruption,” said U.S. Attorney Machen. “Long is now the sixth person associated with the 2010 mayoral campaign to become a felon as a result of illegal conduct on behalf of that campaign. Six months ago, when contractor Jeff Thompson walked into court and pulled back the curtain on widespread corruption in D.C. politics, we pledged to continue our work to hold accountable everyone who conspired with him to poison our political system. Since his plea, no fewer than four candidates for elected office in the District of Columbia have stood up in court and confessed to taking Thompson’s illegal contributions. Our work continues.”
“Today, Mr. Long took responsibility for concealing payments from the D.C. Office of Campaign Finance for his work on the 2010 mayoral campaign and to concealing in-kind contributions to his 2008 campaign for D.C. Council,” said Assistant Director in Charge McCabe. “Citizens are entitled to honest campaigns and fair elections, free of fraud. The FBI remains vigilant to such abuse and urges anyone with information about fraud or corruption to come forward and contact the FBI.”
Thompson is the former chairman, chief executive officer, and majority owner of Thompson, Cobb, Bazilio and Associates (TCBA), a corporation that provided accounting, management, consulting, and tax services. He also is the former chairman, chief executive officer, and owner of D.C. Healthcare Systems, Inc. (DCHSI), an investment holding and for-profit corporation. Both companies generated millions of dollars in government contracts.
Harris owned and controlled two businesses: Belle International, Inc., and Details International Inc. Long worked from May 2007 through May 2011 for Details International, Inc., holding the title of account executive.
According to a statement of offense, signed by the government as well as the defendant, Long, Thompson, Harris and others acted to make and to receive – and to conceal – campaign contributions in excess of those permitted under the District of Columbia Campaign Act.
The District of Columbia Campaign Act imposes limits on the amount of money that can be contributed to a District of Columbia candidate and that candidate’s principal campaign committee. It also prohibits any person or corporation from making a contribution in the name of another, including by reimbursement. Finally, it requires principal campaign committees to file periodic reports of receipts and disbursements.
During the 2010 mayoral campaign, as arranged by Thompson and Harris, Long became the Director of Advance Operations for the campaign of “Mayoral Candidate A.” From May 2010 through September 2010, according to the statement of offense, Long received a salary from Harris’s company, Details International, Inc., in his capacity as a consultant to Details International, to provide services to the mayoral campaign. Thompson and his companies provided funds to Details International to cover the salary.
Among his responsibilities, Long served as the official campaign driver for “Mayoral Candidate A,” taking the candidate to various campaign-related and other events. Long drove the candidate in a Lincoln Navigator, which he suspected was provided by Harris.
Long understood that Thompson and Harris intended to conceal their payments to him for services to the mayoral campaign, keeping the activities secret from the District of Columbia’s Office of Campaign Finance, other candidates, and the public. As a result, the campaign of “Mayoral Candidate A” did not report the payments for Long’s services on documents filed with the Office of Campaign Finance.
Also, according to the statement of offense, as part of his services to the campaign, Long set up a secret meeting between “Mayoral Candidate A” and a rival mayoral candidate in August of 2010. Based on his discussions with Harris, the meeting was to attempt to arrange a secret agreement in which the rival would drop out of the race and endorse “Mayoral Candidate A” in return for something of value. Long drove “Mayoral Candidate A” to a meeting place in Maryland.
The charging document filed against Long states that the principal campaign committee for “Mayoral Candidate A” issued a check in the amount of $20,000 to Harris’s company, Details International, that contained false and misleading information in that it stated that the purpose of the $20,000 payment to the company was for “consulting services;” in fact, the payment was intended to be used by Harris for the benefit of the rival mayoral candidate in exchange for dropping out of the election and endorsing “Mayoral Candidate A.” The rival candidate, however, did not drop out of the race and made no endorsement.
Long’s own campaign accepted and concealed illegal contributions from Thompson and Harris, during his 2008 bid for the At-Large Council seat. With Long’s knowledge, Thompson and Harris paid for campaign expenses in coordination with and in support of Long’s principal campaign committee. These in-kind contributions exceeded the legal limits, and they were concealed from the District of Columbia Office of Campaign Finance.
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Special Agent in Charge Kelly commended the work of those who investigated the case from the FBI’s Washington Field Office and IRS-CI.
They also expressed appreciation for the work of Assistant U.S. Attorneys Michael K. Atkinson, Jonathan P. Hooks, Ellen Chubin Epstein, and Lionel André, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, who are prosecuting cases in the investigation.
Finally, they acknowledged the efforts of others who worked on the case from the U.S. Attorney’s Office, including Deborah Connor, Chief of the Fraud and Public Corruption Section, as well as former Criminal Investigator Matthew J. Kutz; Forensic Accountant Crystal Boodoo; Paralegal Specialists Krishawn Graham, Tasha Harris, Corrine Kleinman, and Heather Sales; and Legal Assistant Angela Lawrence.
14-195District Man Sentenced to More Than 11 Years in Prison for Fatally Stabbing Fellow Marine-Attack Took Place in April 2012 in Southwest Washington-Read the Press Release
WASHINGTON – Michael Poth, 22, of Washington, D.C., was sentenced today to 11 years and three months in prison after earlier being found guilty of manslaughter while armed in the fatal stabbing of a fellow U.S. Marine Corps enlistee, U.S. Attorney Ronald C. Machen Jr. announced.
Poth was found guilty by a jury in December 2013, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Russell F. Canan. Upon completion of his prison term, Poth will be placed on five years of supervised release.
According to the government’s evidence, Poth and the victim, Philip Bushong, 24, were active duty U.S. Marine Corps enlistees. At the time of the incident, the defendant was a private first class and was assigned to the Marine Barracks Washington, while the victim, a lance corporal, was a few days away from receiving an honorable discharge and was in the District of Columbia visiting friends. The men did not know one another. In the early morning hours of April 21, 2012, both were in the area near the 700 block of Eighth Street SE, near the Marine Barracks. Multiple bars and restaurants are in the area.
Poth walked by Lance Cpl. Bushong, who was with a group of friends. Shortly after he passed by the group, Lance Cpl. Bushong yelled something at the defendant. Poth took offense, took out a small pocket knife from his pocket, and waved it in the air toward Lance Cpl. Bushong and his group of friends. Poth also muttered out loud that he was going to “cut someone’s (expletive) lungs out.”
About 10 minutes later, Poth, after circling the block, aggressively walked toward Lance Cpl. Bushong, who was still in the area talking to a friend. Poth walked up to Lance Cpl. Bushong, uttered an anti-gay slur, and then kept walking. Lance Cpl. Bushong proceeded to follow Poth, and the two began to argue. As Lance Cpl. Bushong drew back his fist to punch Poth, Poth stated, “I’m going to stab you.” He then drew his knife and stabbed Lance Cpl. Bushong once in chest. Lance Cpl. Bushong died about two hours later.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department and the Naval Criminal Investigative Service, and thanked the U.S. Marine Corps for their cooperation. He also expressed appreciation for the work of the District of Columbia Department of Forensic Sciences and the District of Columbia Office of the Chief Medical Examiner. In addition, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Sandra Lane and Alesha Matthews; Victim/Witness Advocate Tamara Ince; David Foster, Katina Adams-Washington, and La June Thames, all of the Victim Witness Assistance Unit, and Litigation Technology Specialists Will Henderson and Paul Howell. Finally, he praised Assistant U.S. Attorney Michael Liebman, who prosecuted the case.
14-193District Man Pleads Guilty to Aggravated Assault, Admits Sexually Assaulting His WifeDefendant Shocked Wife with TaserRead the Press Release
WASHINGTON – A 49-year-old man, of Washington, D.C., pled guilty today to a charge of aggravated assault stemming from a recent attack in which he shocked his wife with a Taser at their apartment, U.S. Attorney Ronald C. Machen Jr. announced.
The man, who is not identified here to protect the privacy of the victim, entered the guilty plea in the Superior Court of the District of Columbia. The Honorable Russell F. Canan scheduled sentencing for Nov. 7, 2014.
According to the government’s evidence, on Aug. 3, 2014, the defendant became angry with his wife and began shocking her with a Taser, knocking her to her knees in the bedroom of their Southeast Washington apartment. He then pushed her onto the floor, sat on her chest and continued shocking her face and head. When her head began swelling up, the defendant left the room to get ice and a towel. Upon returning to the bedroom, he discovered that she was trying to crawl away. He then went to another room, retrieved a baseball bat, and began striking her in the head. He pulled the victim to her feet and began punching her in the face. Finally, he ordered the victim onto her bed, where he sexually assaulted her.
The victim suffered multiple injuries, including a fractured cheek. She pleaded with her husband to call an ambulance. Fearing that she’d report what he’d just done, he refused to do so. After the victim promised not to tell on him, he agreed to drive her to the hospital. At the hospital, when the defendant stepped away briefly, the victim reported what he had done to her. An officer with the Metropolitan Police Department, who was at the hospital on another matter, was notified and the defendant was arrested.
In announcing the plea, U.S. Attorney Machen praised the work of members of the Metropolitan Police Department’s Sexual Assault Unit. He also 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 Veronica Vaughan. Finally, he commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
14-194District Man Sentenced to 15 Years in Prison for Prostituting and Sexually Abusing 15-Year-Old Victim-Defendant Lured Teenager from Seattle to Work as Prostitute-Read the Press Release
WASHINGTON – Jason Whren, 33, of Washington, D.C., was sentenced today to 15 years in prison for sexually abusing and prostituting a 15-year-old girl, U.S. Attorney Ronald C. Machen Jr. announced.
Whren pled guilty in March 2014, in the Superior Court of the District of Columbia, to charges of first-degree sexual abuse of a child and pandering of a minor. He was sentenced by the Honorable Lynn Leibovitz. Upon completion of his prison term, Whren must register for 10 years as a sex offender.
According to the government’s evidence, Whren contacted the victim on Facebook and began to develop a relationship with her over the telephone and Internet. After sending the victim numerous text messages that contained sexually explicit pictures of himself, Whren was able to entice the victim to travel from Seattle to Washington, D.C. in December 2012.
Upon her arrival in Washington, D.C., Whren immediately engaged in intercourse and other sexual activities with the victim. He then began prostituting the teenager, forcing her to walk the streets to find clients, as well as compelling her to respond to illicit Internet advertisements that he posted. The activities took place between Dec. 1, 2012 and Dec. 5, 2012 in Northeast Washington. Whren’s crimes were ultimately discovered by undercover officers conducting an operation to locate child prostitutes in the District of Columbia.
In announcing the sentence, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Narcotics and Special Investigation Division, Human Trafficking Unit. He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key, and Assistant U.S. Attorneys Danny Nguyen, Mervin A. Bourne, Jr., and Ari Redbord, who investigated and prosecuted the matter.
14-192Chris Brown Pleads Guilty to Assault Charge in Physical Altercation Outside Downtown Washington Hotel-Singer’s Bodyguard Earlier Found Guilty in Case-Read the Press Release
WASHINGTON – Chris Brown, 25, pled guilty today to a misdemeanor charge of simple assault stemming from an incident that took place last year outside a hotel in downtown Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Brown appeared in the Superior Court of the District of Columbia and entered the guilty plea before the Honorable Senior Judge A. Franklin Burgess, Jr.
A second defendant, Christopher Hollosy, 36, was found guilty in April 2014 of simple assault following a trial before the Honorable Senior Judge Patricia A. Wynn, also in the Superior Court of the District of Columbia. Hollosy, of Glendale, Calif., is awaiting sentencing.
“As Chris Brown himself has now finally acknowledged, he punched a man in the face without provocation in the District of Columbia,” said U.S. Attorney Machen. “No matter your status or celebrity, you will be held accountable for such conduct in our city.”
According to a proffer of facts submitted as part of the plea, signed by the defendant as well as the government, the assault took place at about 2:25 a.m. on Oct. 27, 2013, near the front of the W Hotel, in the 500 block of 15th Street NW. The victim, a 20-year-old man, was standing with two female friends near the front of the hotel when Brown exited one of the entrances. The two women approached Brown, and asked him if they could take a picture with him. Brown agreed to the request, and one of the women handed Hollosy a cellphone to take the picture.
While the women were posing for the photo, the victim attempted to take a picture with the group. A verbal altercation ensued, and Brown punched the victim in the face with a closed fist. As stated in the proffer of facts, Brown’s actions were not justified by self-defense. At no point did Brown observe the victim act as the initial aggressor against anyone on the scene.
The charge of simple assault carries a statutory maximum of 180 days in jail and a fine of up to $1,000. Under the plea agreement, the U.S. Attorney’s Office agreed not to seek additional jail time for this offense. The office took into account the fact that Brown accepted responsibility for his criminal conduct and that he served about 80 days of incarceration for a probation violation in California related to his arrest in this case, as well as the views of the victim. Brown remains on probation in California until early 2015.
Judge Burgess agreed with the government’s recommendation and sentenced Brown to time served. He also ordered Brown to pay $150 in court costs.
In announcing the plea, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kalisha Johnson-Clark and Lynette Briggs; Litigation Technology Specialists Aneela Bhatia, Anisha Bhatia, William Henderson, and Paul Howell; Criminal Investigator Melissa Matthews, and Assistant U.S. Attorneys Elizabeth Trosman, Chrisellen Kolb, and John Mannarino, of the Appellate Section.
Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Kendra Briggs and Kevin Andrew Chambers, who prosecuted the case.
14-191Gang Member Sentenced to 54 Years in Prison for Taking Part in Conspiracy That Led to Murders, Shootings, and Other Violence-One Murder Took Place Outside A Funeral in Northwest Washington-Read the Press Release
WASHINGTON – Keir Johnson, 24, a member of a criminal street gang based at 14th and Girard Streets in Northwest Washington, was sentenced today to a 54-year prison term on murder and other charges stemming from a conspiracy to assault, kill, and threaten rivals and obstruct justice.
The sentence, in the Superior Court of the District of Columbia, was announced by U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department, and Robert D. MacLean, Acting Chief of the U.S. Park Police.
Three co-defendants -- Robert Givens, 21, Lester Williams, 26, and Marcellus Jackson, 26 – were sentenced in June 2014 to decades in prison for their roles in the crimes.
The men, all from Washington, D.C., were found guilty by a jury in March 2014, following nearly four months of trial. Johnson, Givens, and Williams were found guilty of murder and other offenses. Jackson was found guilty of murder, conspiracy, assault with a dangerous weapon, and related offenses.
The Honorable Lynn Leibovitz sentenced Johnson today. In June, she sentenced Givens to 30 years in prison; Williams to 47 ½ years of incarceration; and Jackson to 38 years.
The 14th and Girard gang, also known as G-Rod, 1-4, and the Cut Crew, was centered in the areas of 14th and Girard and 14th and Fairmont Streets NW. The group was engaged in a longstanding conflict with rival crews, especially ones that were based in the areas of 17th and Euclid Streets NW and the 600 block of Morton Street NW. The gang’s victims included Sean Robinson, 18, who was killed in the parking lot of a school in August 2010, and Jamal Coates, 21, who was killed following a funeral in September 2010.
Givens was found guilty of second-degree murder while armed in the slaying of Mr. Robinson, as well as a charge of assault with a dangerous weapon involving a second victim shot at the scene. He also was found guilty of conspiracy, firearms offenses, and charges that he committed the crimes for the benefit of a criminal street gang.
Johnson and Williams were each found guilty of first-degree murder while armed in the killing of Mr. Coates. They also were found guilty of assault with intent to kill in the shooting of another individual in that attack, as well as assault with a dangerous weapon for firing upon a third person that day. Johnson and Williams also were found guilty of conspiracy, firearms offenses, and charges that they committed the crimes for the benefit of a criminal street gang. Finally, Johnson also was found guilty of a charge of assault with intent to kill while armed stemming from a separate attack in June 2010 in which a man was wounded.
In addition to conspiracy, Jackson was found guilty of second-degree murder in the slaying of Mr. Coates, assault with a dangerous weapon involving an attack against one of the individuals with Mr. Coates, and charges that he committed the offenses for the benefit of a criminal street gang.
According to the government’s evidence, the shootings resulted from a longstanding conflict with rival crews. The government presented evidence of these and other crimes:
June 27, 2010: Johnson chased, shot, and attempted to kill a rival crew member in the parking lot of a gas station in the 3400 block of Georgia Avenue NW.
Aug. 11, 2010: Givens and others committed the murder of Mr. Robinson, who lived in the area of 17th and Euclid Streets, as well as the shooting of two 14-year-olds who were with him while they stood together in the parking lot of a school in the 2600 block of Mozart Street NW.
Sept. 28, 2010: Johnson and Williams committed the murder of Mr. Coates, a rival crew member, near 13th and U Streets NW, during the funeral procession for a young female with family ties to the rival crew. In addition to shooting Mr. Coates, Williams and Johnson shot a second person in the attack and fired upon a third individual. Jackson provided assistance to Johnson and Williams.
After the funeral shooting, the defendants took many steps to attempt to obstruct justice and avoid prosecution, such as trying to find and locate witnesses and in the case of two of the defendants, fleeing to North Carolina.
The men were indicted in December 2011, following an investigation by the Metropolitan Police Department, the U.S. Park Police, and the Drug Enforcement Administration. Two other members of the crew earlier pled guilty to charges stemming from their violent conduct.
In announcing the sentence, U.S. Attorney Machen, MPD Chief Lanier, and Acting U.S. Park Police Chief MacLean thanked those who investigated the case from theMPD, the Park Police, and the DEA. They also expressed appreciation for the assistance provided by the U.S. Marshals Service; the FBI/MPD Safe Streets Task Force; the U.S. Postal Inspection Service; the FBI Cellular Analysis Survey Team; the FBI Digital Forensic and Analysis Section; the U.S. Secret Service Forensic Sciences Division; the District of Columbia Department of Corrections Office of Investigative Services; the District of Columbia Department of Forensic Sciences; the Washington D.C./Baltimore High Intensity Drug Trafficking Area; the Alexandria, Va. Police Department; the Marlboro County, S.C. Sherriff’s Office, and the Miami-Dade County State’s Attorney’s Office. They also acknowledged the assistance of Bruce Budowle, PhD, executive director of the University of North Texas Health Science Center’s Institute of Investigative Genetics.They expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Assistant U.S. Attorneys Sharad Khandelwal and Joseph P. Cooney, who helped secure the indictment; Assistant U.S. Attorney Kacie Weston, who assisted with trial preparation; Assistant U.S. Attorneys Chrisellen Kolb and David Goodhand who assisted with legal analysis; and Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation. In addition, they acknowledged the work of Legal Assistants Kendra Johnson, Marian Russell, Sharon Newman, Kwasi Fields, Philip Aronson, and Benjamin Kagan-Guthrie; former Intelligence Analyst Lawrence Grasso; Intelligence Analyst Zachary McMenamin; Information Technology Specialist Leif Hickling; Victim/Witness Security Specialists Michael Hailey, M. Laverne Forrest, Debra Cannon, Tanya Via, and Katina Adams; Victim/Witness Advocate Marcia Rinker; and Criminal Investigators Durand Odom, Tommy Miller, Mark Crawford, and Christopher Brophy.
Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Todd Gee, Emily Miller, Laura Bach, and Deborah Sines, who prosecuted the case.
14-188District Man Sentenced to Eight-Year Prison Term for Armed Home Invasion in Northeast Washington-Victims Were Held at Gunpoint by Masked Men While Their Home Was Ransacked-Read the Press Release
WASHINGTON – Andre Townsend, 20, of Washington, D.C., was sentenced today to an eight-year prison term for his role in an armed home invasion that took place last fall in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Townsend pled guilty in March 2014, in the Superior Court of the District of Columbia, to charges of armed robbery, first-degree burglary, tampering with physical evidence, and unlawful entry. He was sentenced by the Honorable William M. Jackson. Upon completion of his prison term, Townsend will be placed on five years of supervised release.
According to the government’s evidence, Townsend and his accomplices, who were wearing ski masks, carried out the crimes 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.
Townsend and the other assailants left the home in two vehicles that belonged to the victims and deposited the proceeds from the burglary inside 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 accomplices 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 defendants to the home on Raleigh Street SE. The police barricaded the residence and ultimately arrested all of the defendants 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.
A co-defendant in the case, Ricardo Blakeney, 21, of Washington, D.C., has pled guilty to second-degree burglary and is to be sentenced Oct. 17, 2014. A third co-defendant, Darnell Mason, 22, also of Washington, D.C., is scheduled for trial on Nov. 19, 2014.
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 Specialists Richard Cheatham and Antoinette Sakamsa. Finally, U.S. Attorney Machen acknowledged the efforts of Assistant U.S. Attorneys Ben Schrader and Karen Seifert, who investigated and prosecuted the case.
14-190District Man Sentenced to 12 Years in Prison for Attacking Co-Worker with Sledgehammer at Auto Body ShopDefendant Struck Victim Several Times in the HeadRead the Press Release
WASHINGTON – Abdul Ewumi, 39, of Washington, D.C., was sentenced today to a 12-year prison term for attacking a co-worker with a sledgehammer last year at an auto body shop in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Ewumi was found guilty by a jury in July 2014, following a trial in the Superior Court of the District of Columbia, of assault with intent to kill while armed, aggravated assault while armed, and related offenses. He was sentenced by the Honorable William M. Jackson. Upon completion of his prison term, Ewumi will be placed on five years of supervised release.
According to the government’s evidence, the victim and Ewumi worked in early 2013 as mechanics at an auto body shop on Benning Road NE. At Ewumi’s request, the victim repaired the transmission on a car. The owner of the car later returned the vehicle to Ewumi, complaining that, although the transmission was working properly, the heating system no longer worked.
On April 1, 2013, Ewumi confronted the victim about the heating system issue. The victim denied responsibility. Ewumi became enraged, grabbed the victim by his head, pulled him across the exposed engine of a car the victim was working on, and began punching him in the back of the head. The shop manager, who was working in a nearby office, heard the commotion and intervened by separating the men.
Ewumi nevertheless continued to threaten the victim. In an effort to dissuade Ewumi from antagonizing him, the victim threw a screwdriver across the garage, further enraging the defendant. Ewumi then retrieved his hand-held sledgehammer from his toolbox and ran towards the victim, shouting, “I’m gonna’ kill you!” Ewumi struck the victim in the head four to five times, leaving him with cuts to his head, a broken bone in his face, and more than $50,000 in medical bills. Another mechanic who was working outside the shop heard the second assault and intervened. The police arrived shortly thereafter and arrested the defendant.
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 Specialists Richard Cheatham and Antoinette Sakamsa. Finally, U.S. Attorney Machen acknowledged the efforts of Assistant U.S. Attorney Ben Schrader, who investigated and prosecuted the case.
14-189Businessman Pleads Guilty to Federal Export Offense and to Mishandling Classified DocumentsDefendant, A Former Military Officer, Admits Selling Restricted Weapons Parts Without A LicenseRead the Press Release
WASHINGTON – Justin Gage Jangraw, a former U.S. Army officer who operated a business that sold military-grade weapons parts and accessories, pled guilty today to violating the Arms Export Control Act by selling restricted items without a license. He also pled guilty to a separate charge stemming from his unauthorized removal and retention of classified documents that he obtained while he was in the Army.
Jangraw, 34, of Rockford, Mich., entered the guilty plea in the U.S. District Court for the District of Columbia.
The plea was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; John P. Carlin, Assistant Attorney General for the Department of Justice’s National Security Division; Ryan L. Spradlin, Acting Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations (HSI) in Atlanta; Brad Bench, Special Agent in Charge U.S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations (HSI) in Seattle; and Gregory T. Bretzing, Special Agent in Charge of the FBI’s Portland, Oregon, Division.
The Honorable James E. Boasberg scheduled sentencing for Nov. 21, 2014. The export charge carries a statutory maximum of 20 years in prison and the charge involving classified documents carries up to a year in prison. Both charges also carry potential financial penalties. In addition, Jangraw agreed, as a condition of his plea, to the forfeiture of an AR-15 assault rifle and 117 magazines, as well as various weapons parts, which were seized by law enforcement during the investigation.
According to a statement of facts filed as part of the guilty plea, Jangraw is a former U.S. Army Captain once deployed to Iraq. He later operated an online business, using the names “Heapeach” and “Sexyweapon.com,” in Portland. The business sold military-grade weapons parts and accessories to customers located worldwide.
The Arms Export Control Act (AECA) controls the export of defense articles as designated on the United States Munitions List. The AECA and its attendant regulations, the International Traffic in Arms Regulations (ITAR), require a person to apply for and obtain a license from the Department of State before exporting from the United States any arms, ammunition or articles of war that are designated on the Munitions List.
From November 2009 through January 2011, according to the statement of facts, Jangraw sold and exported from the United States a total of 287 Munitions List items – including riflescopes manufactured to military specifications - to international customers in 34 different foreign countries, generating more than $12,000.
Jangraw willfully exported Munitions List parts and accessories even though he and his business never applied for or obtained a license to export defense articles from the United States. He did so with full knowledge of the licensing requirements.
Following an undercover HSI investigation, HSI agents obtained a warrant to search Jangraw’s residence, which was then in Portland. During the search, in April 2011, agents seized four computers and electronic media, gun magazines, documents and products such as a weapon sight, gun rails, gun parts, and an AR-15 assault rifle.
A subsequent review of images seized from Jangraw’s laptop computer led to the discovery of classified material that included e-mails from Jangraw’s work with the Army. The FBI was alerted and performed a follow-up search in July 2011 that led to the discovery of additional material that Jangraw had removed, without authorization, from Iraq. He took the laptop with him to numerous foreign countries and accessed unprotected Wi-Fi networks with the laptop while it contained the classified documents. The hundreds of classified documents contained information on military plans, weapons systems or operations, and other subjects pertaining to national security.
“Justin Jangraw repeatedly showed a disregard for our national security,” said U.S. Attorney Machen. “He held onto classified material after leaving the U.S. Army, keeping sensitive information on his laptop. Then, when he went into business, he sold strictly regulated weapons parts to international customers without a license. We appreciate the work of our law enforcement partners in now bringing him to justice.”
“This defendant betrayed the oath he took to uphold the Constitution of the United States by knowingly circumventing our laws to export sensitive technology to anyone with the money to pay for it,” said Acting Special Agent in Charge Spradlin, of ICE Homeland Security Investigations in Atlanta. “Thanks to the hard work of federal prosecutors and Homeland Security Investigations special agents in Atlanta and Portland, with significant support from the FBI, this criminal scheme has been shut down and the defendant will be held responsible for his flagrant violation of the law.”
“The mishandling of classified material has the potential to cause serious damage to national security as well as to jeopardize the lives of our U.S. forces who put themselves in harm’s way every day,” said Special Agent in Charge Bretzing, of the FBI. “A top priority of the FBI has always been to protect critical national secrets and assets and prevent them from falling into the wrong hands. This case is an excellent example of not only our dedication to protecting national security but also the hard work and dedication from our partners in the Department of Defense.”
This case was investigated by ICE-HSI offices in Portland and Atlanta and the FBI’s Portland Division, and assisted by U.S. Central Command. It is being prosecuted by Assistant U.S. Attorney Brenda J. Johnson of the U.S. Attorney’s Office for the District of Columbia and Trial Attorney David Recker of the Counterespionage Section of DOJ’s National Security Division. Assistance was provided by Assistant U.S. Attorney George P. Varghese, now with the U.S. Attorney’s Office for the District of Massachusetts.
14-187Former Council Candidate Sentenced to 60 Days in Jail for Filing A False Statement on Campaign Finance Report-Campaign Secretly Received More Than $140,000 from D.C. Businessman-Read the Press Release
WASHINGTON – Jeff Smith, 40, of Washington, D.C., a former candidate for the Council of the District of Columbia, was sentenced today to 60 days in jail, in addition to a year of probation and a $10,000 fine, for filing a false and misleading report with the District of Columbia’s Office of Campaign Finance that concealed campaign contributions in excess of those permitted under D.C. campaign finance laws.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Timothy A. Gallagher, Acting Assistant Director in Charge of the FBI’s Washington Field Office, and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).
Smith pled guilty to the felony charge in June 2014 in the Superior Court of the District of Columbia. He was sentenced by the Honorable Anita Josey-Herring. Judge Josey-Herring’s sentence imposes six months of incarceration, but suspends all but 60 days of the time; requires Smith to serve one year of probation, during which time he is to perform 400 hours of community service; and imposes a fine of $10,000, the statutory maximum for his offense.
The charge involved contributions to Smith’s 2010 campaign for the Ward 1 seat on the Council of the District of Columbia. Smith admitted that more than $140,000 was secretly channeled to his campaign from businessman Jeffrey E. Thompson. Smith lost the election.
Smith is one of two Council candidates to plead guilty to charges in recent months. Kelvin Robinson, 53, pled guilty on June 3, 2014, in the Superior Court of the District of Columbia to a charge of conspiring to violate District of Columbia campaign finance laws by defrauding the District of Columbia’s Office of Campaign Finance. He is awaiting sentencing.
Thompson is the former chairman, chief executive officer, and majority owner of Thompson, Cobb, Bazilio and Associates (TCBA), a corporation that provided accounting, management, consulting, and tax services. He also is the former chairman, chief executive officer, and owner of D.C. Healthcare Systems, Inc. (DCHSI), an investment holding and for-profit corporation. Both companies generated millions of dollars in government contracts.
Thompson and six others earlier pled guilty to charges involving Thompson’s illegal contributions to numerous federal and District of Columbia campaigns. In addition to Robinson, who also admitted receiving excess contributions from Thompson, the others who have pled guilty include Eugenia C. Harris, a business owner in the District of Columbia; Lee A. Calhoun, an executive for TCBA; Stanley Straughter, the owner of a business based in Philadelphia; Vernon Hawkins, who was a volunteer advisor in 2010 for a 2010 mayoral campaign; and Troy White, the owner of a marketing company based in New York.
Another person, former District of Columbia Council member Michael A. Brown, pled guilty to charges in an unrelated bribery investigation. In those proceedings, he publicly admitted that his campaign committees had secretly received money from Thompson.
As part of Thompson’s guilty plea, on March 10, 2014, he agreed to cooperate fully in an ongoing investigation. No date has been set for his sentencing.
“Jeff Smith now faces incarceration because he secretly financed his campaign for the District of Columbia Council with more than $140,000 from one of the District’s biggest contractors,” said U.S. Attorney Machen. “He kept the true source of this money – businessman Jeffrey Thompson – from the public by filing false campaign reports. Despite all his illegal spending, Jeff Smith lost the election, and now his criminal activity has been exposed. He is among three candidates so far to admit receiving dirty money from Jeff Thompson, who has pled guilty to his crimes and is continuing to cooperate in our investigation. We remain determined to hold accountable all those who benefited from Jeff Thompson’s illegal campaign spending.”
“Accepting and concealing illegal contributions for a political campaign will not be overlooked or downplayed,” said Acting Assistant Director in Charge Gallagher. “Today, Mr. Smith accepted his penalty for undermining campaign finance laws in the District of Columbia. Together with our law enforcement partners, the FBI will continue to investigate corruption, no matter at what level, in the District of Columbia.”
According to a statement of offense submitted as part of Smith’s guilty plea, from at least December 2009 through December 2010, Smith, Thompson and others acted to make and to receive – and to conceal – campaign contributions in excess of those permitted under the District of Columbia Campaign Act.
Smith admitted that Thompson, with his knowledge, provided more than $140,000 of in-kind contributions, contributions which were concealed from the Office of Campaign Finance. Smith provided a budget to Thompson in March 2010, seeking $140,975 for voter registration and get-out-the-vote efforts for his campaign. Then, from March 2010 until September 2010, Thompson used funds, via TCBA and DCHSI, to provide more than $140,000 in coordination with and in support of Smith’s campaign committee. At least part of this money was spent on campaign services and materials.
The District of Columbia Campaign Act imposes limits on the amount of money that can be contributed to a District of Columbia candidate and that candidate’s principal campaign committee. It also prohibits any person or corporation from making a contribution in the name of another, including by reimbursement. Finally, it requires principal campaign committees to file periodic reports of receipts and disbursements.
The law limits the amount that an individual or entity can contribute in the aggregate in the primary and general elections of a candidate seeking election to a Ward seat to $500.
In his plea, Smith admitted that, acting on behalf of his campaign committee, he filed, that is, authorized to be filed, a false and misleading report to the D.C. Office of Campaign Finance in December 2010. The report concealed the excessive and unreported in-kind contributions provided directly and indirectly by Thompson.
In announcing the sentence, U.S. Attorney Machen, Acting Assistant Director in Charge Gallagher, and Special Agent in Charge Kelly commended the work of those who investigated the case from the FBI’s Washington Field Office and IRS-CI.
They also expressed appreciation for the work of Assistant U.S. Attorneys Michael K. Atkinson, Jonathan P. Hooks, Ellen Chubin Epstein, Lionel André, and Ephraim “Fry” Wernick, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, who are prosecuting cases in the investigation.
Finally, they acknowledged the efforts of others who worked on the case from the U.S. Attorney’s Office, including Deborah Connor, Chief of the Fraud and Public Corruption Section, as well as Criminal Investigators Matthew J. Kutz, Mark Crawford, Melissa Matthews, and Durand Odom; Forensic Accountants Crystal Boodoo and Maria Boodoo; Paralegal Specialists Krishawn Graham, Tasha Harris, and Corrine Kleinman; Former Paralegal Specialists Shanna Hays and Nicole Wattelet; and Legal Assistant Angela Lawrence.
14-186U.S. Attorney’s Office Closes Investigation Involving Fatal Shooting of Aaron Alexis No Charges to Be Filed Against Officers Who Responded to Mass Murders at Washington Navy YardRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia announced today that it will not pursue criminal charges against law enforcement officers in connection with the events last year at the Washington Navy Yard that led to the fatal shooting of Aaron Alexis.
The decision was made after reviewing witness statements, surveillance video, photographs, diagrams, physical evidence, law enforcement agency reports from the FBI, Metropolitan Police Department (MPD), U.S. Park Police, and Naval Criminal Investigative Service (NCIS), and the autopsy report for Mr. Alexis. By the time of the shooting, Mr. Alexis had killed 12 people and wounded four others as he moved from floor to floor, repeatedly opening fire, in a five-story structure at the Navy Yard complex.
The U.S. Attorney’s Office determined that none of the law enforcement officers whose actions were reviewed in this case possessed the requisite criminal intent at the time they either discharged their weapons or shot and killed Mr. Alexis. To the contrary, the review determined that there is more than sufficient evidence to conclude, that under all of the prevailing circumstances at the time of the shooting, the officers were acting in defense of themselves and others. The review determined that the officers acted reasonably at all times to neutralize a life-threatening situation.
“After a careful review of the evidence, we have closed this investigation,” said U.S. Attorney Ronald C. Machen Jr. “We concluded that the law enforcement officers involved demonstrated exceptional valor in acting to protect the lives of Navy Yard employees and other responding law enforcement officers.”
On Sept. 16, 2013, shortly after 8 a.m., Mr. Alexis, a 34-year-old military contractor for the Department of Defense, entered Building 197, which is on the west side of the Navy Yard complex in Southeast Washington. Within the next 15 minutes, Mr. Alexis, who was armed with a 12-gauge sawed-off shotgun, began an attack that caused the deaths of 12 civilians, as well as non-fatal injuries to three civilians and one MPD officer. Multiple local and federal law enforcement agencies began responding within minutes of the first report of shootings.
Throughout the attack, Mr. Alexis systematically moved from floor to floor, killing and wounding anyone he saw. Eight victims were shot and killed on the fourth floor; two others were shot and wounded. Two victims were killed on the third floor; two other victims, including an MPD officer, were shot and wounded. One victim, a building security officer, was killed on the first floor; and one victim was killed in a parking area. After killing the building security officer, Mr. Alexis took the officer’s 9-millimeter handgun, which he also used as a weapon.
After killing the victims in rapid succession, Mr. Alexis kept moving through the building’s stairwells, hallways, and work areas and cubicles, repeatedly firing at law enforcement and security officers trying to apprehend him. He shot at a second building security officer and a U.S. Navy Military Police officer on the first floor, leading to an exchange of gunfire. The building security officer fired at Mr. Alexis as Mr. Alexis ran across the atrium and out of view. In a separate confrontation, Mr. Alexis fired at an NCIS agent and two officers with the Naval District of Washington, also on the first floor. They returned fire; however, there is no evidence that Mr. Alexis was hit by this gunfire.
Mr. Alexis then returned to the third floor and once again confronted police, shooting a Special Operations Division officer from the MPD, who collapsed to the floor. Another NCIS agent fired back at Mr. Alexis after the officer was hit, but Mr. Alexis was not hit.
Finally, after these shootings, Mr. Alexis hid under a desk on the third floor, waited, and attempted to ambush an Emergency Response Team officer from the MPD and a U.S. Park Police officer as they entered the area where he was located. At about 9:25 a.m., Mr. Alexis shot at the MPD Emergency Response Team officer, hitting the plate of his police tactical vest. The MPD Emergency Response Team officer and the U.S. Park Police officer returned fire and were able to shoot and kill Mr. Alexis.
Under the applicable federal criminal civil rights laws, prosecutors must establish beyond a reasonable doubt not only that an officer’s use of force was excessive, but also that the officer willfully deprived an individual of a constitutional right. Proving “willfulness” is a heavy burden, and means that it must be proven that the officer acted with the deliberate and specific intent to do something the law forbids. Accident, mistake, fear, negligence and bad judgment do not establish such a criminal violation. After a careful, thorough and independent review of the evidence, federal prosecutors have found no evidence to prove a civil rights violation, beyond a reasonable doubt, against any of the officers involved in this matter. Accordingly, the investigation into this incident has been closed without prosecution.
The Justice Department remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated.
14-184New York Woman Sentenced to Two Years in Prison for Stealing More Than $130,000 in Two Schemes Carried Out in D.C., Maryland and New YorkAdmits Collecting Fraudulent Unemployment Benefits, as Well as Stealing from Former EmployerRead the Press Release
WASHINGTON – Sakinah Smith, 27, of New York, N.Y., was sentenced today to two years in prison for carrying out a pair of schemes, including one in which she used stolen personal identification information to collect more than $80,000 in fraudulent unemployment benefits, and another in which she stole more than $50,000 from a former employer.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Timothy A. Gallagher, Acting Assistant Director in Charge of the FBI’s Washington Field Office; Bill Jones, Special Agent in Charge for the Washington Regional Office of the U.S. Department of Labor’s Office of Inspector General - Office of Labor Racketeering and Fraud Investigations, and Blanche L. Bruce, Interim Inspector General for the District of Columbia.
Smith pled guilty in May 2014 in the U.S. District Court for the District of Columbia to one count of wire fraud. She was sentenced by the Honorable Senior Judge Thomas F. Hogan. Upon completion of her prison term, Smith will be placed on three years of supervised release. She also was ordered to pay over $132,000 in restitution. While on supervised release, Judge Hogan ordered that Smith not hold any employment involving the handling of money.
According to a statement of offense filed as part of the guilty plea, Smith created an events planning service in 2009 in Washington, D.C. She created a website for “Saki Mone Events Management” and posted employment advertisements on Craigslist. Potential applicants were asked to provide personal information, including dates of birth and social security numbers.
Smith then used this personal information to fraudulently request unemployment benefits in the names of 17 individual applicants. Between 2009 and 2012, Smith obtained $80,111 in fraudulent unemployment benefits from the District of Columbia, Maryland and New York. The benefits, in the names of the 17 applicants, were deposited into Smith’s own financial accounts.
In a second scheme, Smith admitted that she fraudulently wired about $52,174 from an employer’s bank account to accounts she created for herself. This activity took place from November 2009 through May 2010, while Smith was working for a temporary employment agency in Washington, D.C.
In announcing the sentence, U.S. Attorney Machen, Acting Assistant Director in Charge Gallagher, Special Agent in Charge Jones, and Interim Inspector General Bruce commended the work of those who investigated the case from the FBI’s Washington Field Office, the Labor Department’s Inspector General’s Office, and the District of Columbia Office of the Inspector General. They also thanked the New York State Department of Labor – Office of Special Investigations; the Maryland Department of Labor, Licensing and Regulation – Division of Unemployment Insurance; the Virginia Employment Commission; the District of Columbia Department of Employment Services, and the Burlington, N.C. Police Department for providing assistance in the investigation.
They acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas, who assisted on forfeiture issues; Paralegal Specialists Donna Galindo and Angela Lawrence; Victim/Witness Advocate Yvonne Bryant; Intelligence Specialist Sharon Johnson, and former Intern Abigail Pierce. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Philip A. Selden, who prosecuted the matter.
14-185Virginia Man Sentenced to 16 Months in Prison for Pandering Woman He Lured to District of Columbia-Defendant Advertised Himself as Security for Fake Escort Business-Read the Press Release
WASHINGTON – John Burrell Crist, 44, was sentenced today to 16 months in prison after earlier pleading guilty to two felony counts of pandering for inducing and compelling a woman to engage in prostitution in various sections of the District of Columbia, U.S. Attorney Ronald C. Machen Jr. announced.
Crist, of Alexandria, Va., pled guilty in June 2014 in the Superior Court of the District of Columbia. He was sentenced by the Honorable John Ramsey Johnson. Upon completion of his prison term, Crist will be placed on three years of supervised release.
According to the government’s evidence, Crist posted ads on Backpage.com soliciting partners for his alleged escort business, promising to provide transportation and security for the dates in exchange for half of the profits. Enticed by one of these ads, the victim agreed to meet Crist. Crist picked the victim up from Union Station and housed her in his Alexandria home. Crist would screen the calls for “dates,” telling the victim, who was unfamiliar with the District of Columbia, where she could and could not agree to go for dates, to which he would then provide the transportation. The criminal activities began on April 20, 2014. Within days, Crist turned violent against the victim, beating her, taking all of her possessions, identification, and money as she was forced to continue to prostitute.
Crist came to the attention of the Metropolitan Police Department after he beat the victim in a public parking lot in the District of Columbia on April 28, 2014.
In announcing the sentence, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department. He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the matter.
14-183Former Government Employee Sentenced to Jail for Stealing over $114,000 from Citizen’s Bank AccountDefendant Gained Access to Bank Information While Working at the D.C. Office of Tax and RevenueRead the Press Release
WASHINGTON - Catyondia Ballard, 48, a former employee of the District of Columbia Office of Tax and Revenue, was sentenced today to 16 weekends in jail, to be followed by 180 days of home detention, for the theft of over $114,000 from the bank account of a retired military member, announced U.S. Attorney Ronald C. Machen Jr. and Blanche L. Bruce, Interim Inspector General for the District of Columbia.
Ballard, of Bowie, Md., pled guilty in May 2014 in the U.S. District Court for the District of Columbia to one count of wire fraud. She was sentenced by the Honorable Judge Rudolph Contreras, who also ordered that she be placed on five years of probation. The judge also ordered Ballard to pay full restitution of $114,166 to the victim.
According to the government’s evidence, Ballard became familiar with the victim through her job at the District of Columbia Office of Tax and Revenue. While there, Ballard gained access to the victim’s personal biographical information, as well as the victim’s bank account information. Using the victim’s information, Ballard began wiring funds from the victim’s bank account directly to Ballard’s account at a loan servicing company in order to pay off Ballard’s mortgage. From March 2007 through April 2010, Ballard directed a total of $114,166 of the victim’s funds to Ballard’s account without the victim’s permission.
In announcing the sentence, U.S. Attorney Machen and Interim Inspector General Bruce commended the work of those who investigated the case from the District of Columbia’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 Specialists Donna Galindo, Corinne Kleinman, and Angela Lawrence; and Assistant U.S. Attorney Richard DiZinno, who investigated and prosecuted the matter.
14-182Washington Metropolitan Area Transit Authority Pays United States More Than $4.2 Million to Resolve False Claims Act AllegationsWhistleblower’s Lawsuit Alleged Transit Agency Violated Federal Contracting RulesRead the Press Release
WASHINGTON - The Washington Metropolitan Area Transit Authority (WMATA) has paid $4,240,341 to resolve allegations that it filed false claims in connection with using federal funds to impermissibly award a contract for a financial management information technology project without using competitive procurement procedures.
The settlement, in a lawsuit filed in the U.S. District Court for the District of Columbia, was announced today by U.S. Attorney Ronald C. Machen Jr. and Kathryn Jones, Regional Special Agent-in-Charge of the U.S. Department of Transportation Office of Inspector General.
The conduct at issue involves a contract that WMATA awarded on or around July 10, 2010, to Metaformers, Inc., a Virginia-based business, to integrate the Authority’s financial and business systems. The total cost of this integration project was approximately $14 million. WMATA funded the project with approximately $9 million in grant funds from the Federal Transit Administration (FTA).
As a condition of receiving grant funds, WMATA certified that it would comply with statutes, regulations, and FTA rules mandating full and open competition when procuring goods and services using FTA grant funds. Also, as a condition of receiving the funds, WMATA certified that it would not award contracts in a manner that created a conflict of interest – for example, giving an unfair advantage to one bidder or contractor over others. WMATA allegedly violated both the competition requirement and avoidance of “conflict of interest” rule in awarding the financial management information technology contract.
“The American people have a right to know that their government is following rules and regulations in spending the taxpayers’ money,” said U.S. Attorney Machen. “Our office has targeted government contractors who fail to meet their obligations, and this settlement shows that we expect agencies that receive federal funding to honor the integrity of the contracting process as well.”
“This investigation and settlement agreement demonstrates our commitment to ensuring the integrity of the acquisition process and protecting taxpayer dollars from waste, fraud and abuse, which is a top priority for both the Office of Inspector General and the Department of Transportation,” said Special Agent-In-Charge Jones. “Working with the Department, as well as our law enforcement and prosecutorial partners, we will continue our efforts to prevent, detect, and prosecute the improper use of federal grant funds.”
In or around August 2009, WMATA awarded Metaformers, using full and open competition procedures, a relatively modest contract valued at approximately $256,000 to assess WMATA’s financial system. Less than one year later, in July 2010, WMATA awarded Metaformers the $14 million contract to integrate the Authority’s financial and business systems. WMATA awarded the contract non-competitively and allegedly without legitimate justification for doing so, foreclosing an opportunity for other contractors and companies to submit proposals for the lucrative project. WMATA’s conduct was allegedly in violation of its certification – and commitment - to administer the FTA grant funds using full and open competition.
In awarding the $14 million integration contract, WMATA also allegedly violated “conflict of interest rules” governing use of FTA grant funds. WMATA’s noncompetitive award to Metaformers was based, in part, on the work completed by Metaformers under the assessment contract. By competitively awarding the smaller assessment contract and then non-competitively awarding the far more lucrative integration project both to the same contractor, WMATA violated federal procurement conflict of interest rules by giving one contractor an advantage over others who might have been interested in competing for the integration project.
Because of WMATA’s conduct, contractors who might have been interested in submitting proposals or bids for the integration project never had the opportunity to do so. Thus, WMATA’s conduct was allegedly in violation of its certification and commitment to administer the FTA grant funds avoiding conflicts of interest in procurements.
The settlement resolves a qui tam, or whistleblower, lawsuit filed on behalf of the government by former WMATA employee Shahiq Khwaja, under the qui tam, or whistleblower provisions, of the False Claims Act. The False Claims Act is one of the government’s most powerful tools in the effort to combat fraud on federal programs. The Act allows private citizens to bring lawsuits on behalf of the United States and share in any recovery obtained by the government. Mr. Khwaja will receive approximately $996,480 as his share of the recovery.
Mr. Khwaja’s qui tam lawsuit also includes allegations on behalf of Virginia and the District of Columbia. The settlement with the federal government does not resolve the state and local allegations.
In February 2012, Mr. Khwaja also filed a separate complaint with the U.S. Department of Transportation against WMATA for violating the American Recovery and Reinvestment Act’s (ARRA) provisions protecting whistleblowers. Mr. Khwaja alleged that WMATA terminated him from his position as an information technology functional manager because he expressed concerns about the manner in which WMATA was financially and technically administering the integration project which was funded, in part, with ARRA funds. In or around August 2012, the U.S. Department of Transportation’s Office of Inspector General, based on its separate investigation of Mr. Khwaja’s ARRA-related claims, found that the weight of evidence indicated that Mr. Khwaja’s disclosures were a contributing factor in his termination and that WMATA failed to show by clear and convincing evidence that it would have terminated Mr. Khwaja notwithstanding his disclosures. As reflected in the settlement agreement, WMATA negotiated with Mr. Khwaja’s counsel to resolve Mr. Khwaja’s wrongful termination claim for $390,000.
In announcing the settlement, U.S. Attorney Machen commended the work of those who investigated the case from the Department of Transportation’s Office of Inspector General and the Federal Transit Administration. He also acknowledged the efforts of those who worked on the matter from the Commercial Litigation Branch of the Justice Department’s Civil Division, including Trial Attorneys Jennifer Koh and Elizabeth Young. Finally, he expressed appreciation for the work of those who handled the case from the U.S. Attorney’s Office, including Investigator Karen D. Caudill, Paralegal Specialist Cindy Parker, and Assistant U.S. Attorney Beverly M. Russell, who worked on the investigation and settlement of the matter.
The claims settled by the agreement are allegations only, and there has been no determination of liability. Additionally, the settlement agreement is not based on any allegation that the contractor, Metaformers, engaged in any wrongdoing.
The case is captioned United States, Virginia and the District of Columbia, ex rel. Shahiq Khwaja v. Washington Metropolitan Area Transit Authority, et al., Case No. 1:12-cv-00268-RJL (D.D.C.).
14-181Maryland Man Sentenced to 20-Year Prison Term for Sexual Abuse of RelativeAbuse Began When Girl Was 10 or 11 Years OldRead the Press Release
WASHINGTON – A 32-year-old man from Temple Hills, Md., has been sentenced to a 20-year prison term for sexually abusing a teenage relative in the District of Columbia, U.S. Attorney Ronald C. Machen Jr. announced today.
The defendant, who is not identified here to protect the privacy of the victim, pled guilty in April 2014, in the Superior Court of the District of Columbia, to two counts of first-degree child sexual abuse. The Honorable Lynn Leibovitz sentenced him on Aug. 11, 2014. Upon completion of his prison term, the defendant will be placed on supervised release for the rest of his life; he also must register as a sex offender for the rest of his life.
According to the government’s evidence, the defendant subjected the girl to chronic child sex abuse from 2010 to 2013, starting when she was only 10 or 11 years old. The guilty plea involves two attacks in 2012 and 2013, in the living room of her family’s residence in the District of Columbia. The girl, who often was left in the care of the defendant, became pregnant as a result of the abuse. DNA tests revealed that the defendant is the child’s biological father.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department’s Youth Division. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Tiffany Jones; Victim/Witness Advocates Tracy Owusu and Tracey Hawkins, and Assistant U.S. Attorney Kenya K. Davis, who prosecuted the matter.
14-179District Man Found Guilty by Jury of Felony Charges for Attacking Woman Inside Her Northwest Washington Home-Defendant Approached Victim as She Was Locking Outside Security Gate-Read the Press Release
WASHINGTON – Omar Rimmer, 39, of Washington, D.C., was found guilty by a jury today of carrying out an early-morning attack in which he forced his way into a woman’s residence and attempted to sexually assault her, U.S. Attorney Ronald C. Machen Jr. announced.
The jury found Rimmer guilty of assault with intent to commit first-degree sexual assault, attempted first-degree sexual assault, first-degree burglary, and kidnapping. The verdict followed a trial in the Superior Court of the District of Columbia. The Honorable Russell F. Canan scheduled sentencing for Oct. 24, 2014.
According to the government’s evidence, on Feb. 5, 2011, at about 3:15 a.m., the victim was walking home in the 500 block of Florida Avenue NW. Rimmer approached her from behind and began making small talk. When she reached her home, Rimmer continued walking. The victim unlocked the security gate and door. When she turned to close the security gate, Rimmer reappeared and asked the victim if he knew her. She did not.
As the victim turned the key to lock the security gate, Rimmer pulled the gate open, breaking the key off in the lock. Rimmer then forced his way inside the residence and pushed the victim to the floor. He got on top of the victim and began choking her while trying to remove her clothing. The victim was able to scream her male roommate’s name, which caused Rimmer to hesitate. The victim seized that opportunity to escape and lock herself in an upstairs bathroom and call 911.
In his haste to flee, Rimmer left behind a cigarette butt and a scarf inside the residence. These items contained his DNA, which led to his arrest.
In announcing the verdict, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Elsa Resendiz; Criminal Investigator Nelson Rhone; Paralegal Specialist Jason Manuel; David Foster and La June Thames, of the Victim/Witness Assistance Unit; and Information Technology Specialist Anisha Bhatia. Finally, he praised the work of Assistant U.S. Attorney Jeff T. Cook, who investigated and prosecuted the matter.
14-180Maryland Man Pleads Guilty in Tax Lien Scheme That Led to Loss of Victim’s Northwest Washington HomeDefendant Utilized D.C. Tax Lien Sale in Order to Sell Stolen Home to Unsuspecting BuyerRead the Press Release
WASHINGTON – Emmette Brown, 42, of Glenn Dale, Md., pled guilty today to a federal mail fraud charge stemming from a scheme in which he was able to take control of a home in Northwest Washington and sell it, making a profit of more than $178,000 for himself, all without the knowledge of the original owner who was overseas caring for his seriously ill mother.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Brown pled guilty in the U.S. District Court for the District of Columbia. The Honorable Beryl A. Howell scheduled sentencing for Oct. 31, 2014. Brown faces a statutory maximum of 20 years in prison and financial penalties. Under federal sentencing guidelines, he faces a likely range of 15 to 21 months in prison and a fine of up to $40,000. As part of the plea, Brown has agreed to pay $178,038 in restitution to the victim. He also is subject to forfeiture proceedings.
According to the government’s evidence, the victim owned a house in the 3800 block of T Street NW. In June 2005, he traveled to Russia to take care of his seriously ill mother. The victim intended to return to Washington, D.C., and had purchased a return airline ticket. However, his mother’s condition worsened and he remained abroad until her passing in early 2009. When the victim returned to the United States, he found his home gutted and that he no longer had legal control of the home.
While he was away, the victim had not paid his District of Columbia property taxes or his federal income taxes. In 2006, unbeknownst to the victim, the property went to a District of Columbia tax lien sale. The tax lien was sold to a company for just over $10,000 and the property went to foreclosure. Brown then began a series of actions, using false claims, power of attorney forms, where he forged the victim’s signature, and documents that enabled him to begin acting on behalf of the victim. Brown eventually sold the property for $465,000 and made approximately $277,000 in payments to pay off the victim’s taxes and liens. Brown paid off these liens in order to complete his theft of the victim’s home.
In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, and Chief Lanier commended the work of those who investigated the case from the FBI’s Washington Field Office and MPD. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Donna Galindo; Intelligence Specialist Sharon Johnson, Forensic Accountant Maria Boodoo and Assistant U.S. Attorneys Arvind K. Lal and Zia Faruqui, of the Asset Forfeiture and Money Laundering Section. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Philip A. Selden, who is prosecuting the case.
14-177District Man Sentenced to Nine Years in Prison for Fatal Stabbing in Northwest WashingtonDefendant Started Argument, Leading to AltercationRead the Press Release
WASHINGTON - Jonathan Dawkins, 32, of Washington, D.C., was sentenced today to nine years in prison for the fatal stabbing of a man in May 2012 in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Dawkins was found guilty in May 2014 by a jury in the Superior Court of the District of Columbia of voluntary manslaughter while armed. He was sentenced by the Honorable Russell F. Canan. Following his prison term, Dawkins will be placed on five years of supervised release.
According to the government’s evidence, on May 1, 2012, at about 2:15 a.m., the victim, Dwayne Brisbon, 33, was stabbed to death in the 400 block of Florida Avenue NW. Mr. Brisbon, a CT scan technician at Washington Hospital Center, was on his way home from Marvin, a bar and restaurant in the 2000 block of 14th Street NW. On his way home, Mr. Brisbon pulled his car over to check on a person he recognized from the establishment.
Dawkins, who was walking with the person, became upset and aggressively approached Mr. Brisbon’s car. Dawkins began arguing with Mr. Brisbon. Mr. Brisbon eventually got out of his car and walked to the rear of the car, where Dawkins met him. Mr. Brisbon punched Dawkins, and the two continued to fight. During the fight, Dawkins stabbed Mr. Brisbon in the upper left bicep and the neck, piercing his carotid artery and jugular vein.
Dawkins then fled the scene while Mr. Brisbon got back in his car in an attempt to drive himself to the hospital. Mr. Brisbon lost consciousness within seconds, and crashed into Shaw’s Tavern in the 500 block of Florida Avenue NW. Surveillance video from Shaw’s Tavern captured the defendant and the person who was with him just minutes before the murder.
In announcing the sentence, U.S. Attorney Machen commended the work of members of the Metropolitan Police Department, who investigated the case. U.S. Attorney Machen also thanked those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Mia Beamon and Kelly Blakeney; Victim/Witness Services Coordinators La June Thames and Katina Adams-Washington; Litigation Support Specialist Kimberly Smith; Criminal Investigator Durand Odom; and Victim Witness Specialist Tamara Ince. Finally, U.S. Attorney Machen expressed appreciation for the work of Assistant U.S. Attorney Veronica Sanchez and former Assistant U.S. Attorney Holly Shick, who prosecuted the case.
14-178Maryland Man Pleads Guilty to Stealing over $200,000 in Scam Targeting People Who Thought He Was A Taxicab Driver-Defendant Stole ATM Cards, PIN Numbers from Unsuspecting Passengers-Read the Press Release
WASHINGTON – Nyerere Mitchell, 50, pled guilty today to carrying out a scheme in which he offered rides to people who had been drinking, talked them into letting him withdraw cash with their ATMS and pin numbers, and then secretly held onto their bank cards to generate more than $200,000 for himself, U.S. Attorney Ronald C. Machen Jr. announced.
More than 60 people, mostly young adults, were conned in the scheme, which continued from at least April 2009 through November 2013. Many of them thought that Mitchell was a taxicab driver. Mitchell, who typically drove a silver-colored SUV Range Rover, often wore a woman’s wig and padded breasts so that many of his passengers believed he was a woman.
Mitchell, of Clinton, Md., pled guilty in the Superior Court of the District of Columbia to five counts of first-degree felony fraud. Each charge carries a statutory maximum of 10 years in prison and financial penalties. The plea agreement calls for him to pay $228,036 in restitution. The Honorable Milton C. Lee scheduled sentencing for Oct. 10, 2014. He also ordered that Mitchell be incarcerated pending the sentencing.
According to the government’s evidence, Mitchell frequented areas such as Dupont Circle, Adams Morgan, Foggy Bottom, Chinatown, and other busy neighborhoods in the District of Columbia and Arlington, Va., offering rides to individuals he believed had been drinking. The victims, in general, were intoxicated, and would give Mitchell their bank cards and pin numbers and allow him to obtain cash for the rides that they were getting. Mitchell generally took the passengers to drive-through ATMs on Wisconsin Avenue and Pennsylvania Avenue NW. He created situations in which the passengers would need to provide him with the pin numbers and cards because the ATM machines were located on the driver’s side of the vehicle.
Unbeknownst to the victims, Mitchell often withdrew hundreds of dollars from the ATMs -- as opposed to what they thought would be $10 to $40 fees. Often he would switch the victim’s ATM card with another one that he had earlier stolen from someone else. In fact, Mitchell maintained so many stolen cards that he could easily substitute a similar-looking card so that the victims didn’t notice the switch until much later.
Over the course of the next few days, Mitchell would use the stolen ATM card without authorization or permission to purchase money orders, many of which he deposited into his credit union account or used to make large purchases at various stores in the area.
An investigation by the Metropolitan Police Department (MPD) led to a search last November of Mitchell’s home. Law enforcement recovered 205 stolen credit cards in plastic bags inside a shoe box. They also found a wig that Mitchell can be seen wearing in bank surveillance video. Mitchell was arrested Nov. 27, 2013.
In announcing the plea, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department. He also expressed appreciation for the assistance provided by the Prince George’s County, Md., Police Department, Citibank, BB & T Bank, Sun Trust Bank and Wells Fargo Bank. Finally, he acknowledged the efforts of those who worked on the case for the U.S. Attorney’s Office, including Paralegal Specialist Corinne Kleinman, Legal Assistant Chris Samson, and Assistant U.S. Attorney Stephanie G. Miller, who is investigating and prosecuting the matter.
14-176Former Army Contracting Official Pleads Guilty in Bribery and Kickback SchemeDefendant Admits Accepting over $490,000 in Benefits from Companies He Helped Win Favorable Treatment, Government ContractsRead the Press Release
WASHINGTON – In Seon Lim, a former contracting official for the U.S. Department of the Army, pled guilty today 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. In return, he helped these businesses obtain millions of dollars in federal contracts.
The guilty plea was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Valerie Parlave, 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 for the Small Business Administration (SBA); Robert E. Craig, 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).
Lim, 48, of Fairfax Station, Va., also known as InSeon Lim, pled guilty in the U.S. District Court for the Eastern District of Virginia to three offenses: conspiracy to commit bribery and honest services wire fraud; bribery; and attempting to interfere with and impede tax laws. The conspiracy charge carries a statutory maximum of five years in prison, the bribery charge carries up to 15 years, and the tax charge carries up to three years of incarceration. The charges also carry potential financial penalties. The plea agreement calls for Lim to pay restitution, including $250,000 to the Department of Defense and nearly $125,000 to the IRS. In addition, the plea agreement requires Lim to pay a forfeiture money judgment of $490,262. The Honorable Leonie M. Brinkema scheduled sentencing for Oct. 17, 2014.
Lim is the latest person to plead guilty in an investigation into domestic bribery, bid-rigging, and federal contracting. He has agreed to cooperate in an ongoing investigation. In addition to Lim, a total of 17 other individuals and one corporation, Nova Datacom, LLC, have pled guilty to federal charges.
“In Seon Lim, a former Army contracting officer, procured a half-million dollars in bribes in exchange for steering millions of dollars in Army contracts to corrupt businessmen,” said U.S. Attorney Machen. “Lim sold out the public trust for cash, vacations, and a Lexus. Today he joined 17 other individuals who have also pled guilty as part of this far-reaching bribery and bid-rigging scheme. The breadth of this investigation and prosecution demonstrates our unwavering commitment to holding crooked public officials and contractors accountable for crimes which threaten the very integrity of our system of government. I want to commend the outstanding work of the investigating agents and prosecutors who have worked so tirelessly on this matter.”
“Abusing one’s position for personal gain is a blatant disregard to the oath that every government employee takes, especially those whose job it is to manage the procurement needs of our government,” said Assistant Director in Charge Parlave. “Working together to protect federal funds, the FBI and our law enforcement partners will continue to ensure those who commit fraud and corruption are brought to justice.”
“There is no place in our society for corrupt public officials, and the betrayal of the trust placed in them is an egregious act. Anyone, including government contracting officials such as Mr. Lim, who promotes fraudulent schemes against the United States, will be held accountable for their blatant disregard of the duties and responsibilities of their official government position,” said Special Agent in Charge Kelly of IRS-CI. “These individuals face severe consequences, including imprisonment and substantial fines.”
“Government employees who abuse their office to enrich themselves are not only guilty of criminal wrongdoing, but tarnish the reputation of all honest public servants and lessen citizens’ faith in our system. We will continue to aggressively investigate these crimes and seek justice for the victims, the American taxpayers,” said SBA Inspector General Gustafson. “I want to thank the U.S. Attorney's Office for its dedicated leadership and professionalism throughout this investigation.”
“We are glad to see that justice has been served and Mr. Lim has been sentenced for his selfish criminal activities,” said Director Robey of the U.S. Army Criminal Investigation Command's Major Procurement Fraud Unit. “Identifying and vigorously investigating contracting fraud remains a top priority for our special agents and we will continue to work seamlessly with our fellow law enforcement agencies to see that people who defraud the American taxpayer are brought to justice.”
“Today's plea demonstrates the Defense Criminal Investigative Service's ongoing commitment to combating fraud and corruption that impacts the DoD procurement process,” said Special Agent in Charge Craig. “DCIS, with our partner agencies, will continue to work tirelessly to identify and prosecute corruption of this nature."
According to a Statement of Offense signed by Lim as well as the government, Lim was a public official until April 2012. The charges involve his activities as 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.
Until June 2010, Lim resided and worked in Seoul, South Korea. While in South Korea, his 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.
From June 2010 until his resignation in April 2012, Lim worked as a product director at Fort Belvoir, Va.
In the statement of offense, Lim admits that he secretly used his official position to enrich himself by soliciting and accepting gifts, payments and other things of value from government contractors – totaling more than $490,000 -- in return for favorable official action. Among other things, the statement of offense notes, Lim received payments personally and to accounts that he controlled; payments for travel, vacation, vehicles, cellphones and cellular service for himself and family members; ownership interests in two companies, and other benefits.
In exchange, Lim now admits, he provided favorable official action on subcontracts obtained and retained by the favored government contractors as requested and as opportunities arose. He also disclosed confidential bid information to the favored government contractors.
The indictment provides details about numerous contracts and payments. For example:
-Nova Datacom: According to the statement of offense, two former employees of the Northern Virginia company - Alex N. Cho, also known as Young N. Cho, and Nick Park - paid Lim $40,000 in cash in 2007. In addition, Park paid for Lim’s travel, lodging, meals and entertainment during a trip to the Philippines in 2007, and Cho paid for lodging and a $1,000 casino chip during a trip later that year to Las Vegas. Lim, meanwhile, agreed to use his official position to recommend the company for a contract valued at nearly $330,000.
-Avenciatech: According to the statement of offense, former officials of Avenciatech, Inc., a government contractor based in Annandale, Va., provided Lim with cash payments; payments for hotel stays for Lim and family members, including a trip to the Atlantis resort in the Bahamas; payments to finance the purchase of a 2010 Lexus automobile, and payments for other things of value. One of the officials, Oh Song Kwon, also known as Thomas Kwon, also assisted Lim in obtaining financing for the purchase of a home in Fairfax Station, Va., where Lim resided following his reassignment in 2010 to a position at Fort Belvoir. Lim, meanwhile, assisted the company in obtaining more than $3 million in contracts.
-UEI:Nick Park left Nova Datacom in 2007 and co-founded another government contractor, Unisource Enterprise Inc. (UEI), based in Annandale, Va. According to the statement of offense, in exchange for favorable treatment, Lim was given a secret ownership in UEI. Among other things, Lim provided Park with sensitive procurement information. He also assisted the company in obtaining a government sub-contract worth over $1.1 million.
Cho, Park, and Kwon are among those who earlier pled guilty to charges in the case.
In addition to pleading guilty to the conspiracy and bribery charges, Lim admitted that he failed to report the bribes he received on tax returns for the years 2007 through 2011. He also failed to keep records that would allow him to file accurate records for 2012 and 2013.
This investigation is being conducted by the FBI’s Washington Field Office; the Washington Field Office of the Internal Revenue Service-Criminal Investigation, the Office of the Inspector General for the 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 Bryan Seeley of the Fraud and Public Corruption Section and Assistant U.S. Attorney Anthony Saler of the Asset Forfeiture and Money Laundering Section, all of the U.S. Attorney’s Office for the District of Columbia, and Assistant U.S. Attorney Jack Hanly, of the U.S. Attorney’s Office for the Eastern District of Virginia.
14-175FLORIDA BUSINESSMAN PLEADS GUILTY TO CONSPIRING TO DEFRAUD INVESTORS over 100 Investors Lost More Than $11 Million in SchemeRead the Press Release
ORLANDO, FLA. –Blayne S. Davis, 33, formerly of Naples, Fla., pled guilty today to a federal charge stemming from an investment fraud scheme in which more than 100 investors lost over $11 million, announced U.S. Attorney Ronald C. Machen Jr. and James D. Robnett, Special Agent in Charge of the Tampa Field Office of IRS- Criminal Investigation.
Davis pled guilty in the U.S. District Court for the Middle District of Florida to a charge of conspiracy to commit mail and wire fraud. He is to be sentenced Oct. 9, 2014.
The charge carries a maximum of 20 years of imprisonment and financial penalties. The parties agreed that, under the federal sentencing guidelines, Davis faces a range of between 87 and 168 months in prison and a fine of between $12,500 and $175,000. He also will be required to pay restitution of $11,894,776 to the investors who lost money.
Davis has agreed to cooperate in the ongoing investigation. A co-defendant, Donovan G. Davis, Jr., 33, of Palm Bay, Fla., has pled not guilty and is awaiting trial in the case; he is not related to Blayne Davis. A third defendant, Damien L. Bromfield, 37, of Ocoee, Fla., pled guilty on Nov. 14, 2013, to conspiracy to commit wire fraud and is awaiting sentencing.
According to a Statement of Offense, signed by Blayne Davis as well as the government, and filed with the Court today, Blayne Davis was the director of trading for Capital Blu Management, LLC, a Florida-based corporation that purported to offer investment and managed account services for investors in the off-exchange foreign currency, or “forex,” marketplace. Donovan Davis, Jr. was the managing member of Capital Blu, and Bromfield was the director of operations.
Blayne Davis and Bromfield formed Capital Blu in January 2007. In 2007, according to the statement of offense, Donovan Davis, Jr. solicited relatives, friends, and associates to invest in Capital Blu, resulting in substantial amounts being placed under the company’s management. Donovan Davis, Jr., became a managing member of Capital Blu in August 2007, working out of an office in Melbourne, Fla.
In or about September 2007, according to the statement of offense, the three men formed the CBM FX Fund, LP, which pooled investors’ money into a common fund to be traded by Capital Blu Management. Many of Capital Blu’s managed-account investors transferred their investments into the CBM FX Fund.
By January 2008, according to the statement of offense, the three partners knew that the CBM FX Fund sustained significant trading losses, resulting in large losses for its investors. At or about that time, the statement of offense states, the men began defrauding investors by means of materially false and fraudulent pretenses, representations, and promises. These included, according to the statement of offense, a series of misrepresentations about Capital Blu’s trading performance, the value of the fund, and the risks of the fund.
According to the statement of offense, the men conspired to post positive monthly returns to the CBM FX Fund’s investors from January through August of 2008, even though the fund and its investors had sustained net losses. In addition, the men diverted investors’ money from the fund to pay for Capital Blu’s operational expenses and personal expenses, including their salaries and payments for the use of a private airplane.
In or about September 2008, the National Futures Association, an independent self-regulatory organization that oversees commodities and futures trading in the United States, conducted a surprise audit of Capital Blu and suspended its operations. As of September 2008, according to the statement of offense, investors had invested over $16 million into the CBM FX Fund; the investors had lost over $11 million.
This case was transferred to the U.S. Attorney’s Office for the District of Columbia from the Middle District of Florida.
The case is being investigated by a task force consisting of agents from the IRS- Criminal Investigation, the U.S. Secret Service, the Florida Department of Law Enforcement, and the Brevard County, Fla., Sherriff’s Office. Related civil litigation was pursued by the Commodity Futures Trading Commission.
Assistance on the criminal case was provided by Paralegal Specialists Donna Galindo and Corinne Kleinman; former Paralegal Specialist Diane Hayes; Legal Assistant Angela Lawrence; Forensic Accountant Crystal Boodoo; Information Technology Specialist Thomas (Ron) Royal; and Victim Witness Advocates Yvonne Bryant and Tasheeka Hawkins, all of the U.S. Attorney’s Office for the District of Columbia. Assistant U.S. Attorneys Catherine K. Connelly and Anthony Saler, of the Asset Forfeiture and Money Laundering Section of the U.S. Attorney’s Office for the District of Columbia, have assisted with guidance on asset forfeiture matters.
The case is being prosecuted by Assistant U.S. Attorneys Jonathan P. Hooks and Ephraim (Fry) Wernick of the U.S. Attorney’s Office for the District of Columbia, who are designated as Special Attorneys in the Middle District of Florida.14-174
Former Employee Sentenced to 46 Months in Prison for Embezzling More Than $5.1 Million from Non-ProfitMoney Stolen over Eight-Year Period; Non-Profit Alerted Authorities Upon Discovery of the SchemeRead the Press Release
WASHINGTON - Ephonia M. Green, 44, of Upper Marlboro, Md., was sentenced today to 46 months in prison for embezzling more than $5 million from her former employer, a non-profit corporation, announced U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
Green pled guilty in November 2013 in the U.S. District Court for the District of Columbia to one count of theft concerning programs receiving federal funds and one count of engaging in illegal monetary transactions. She was sentenced by the Honorable Beryl A. Howell.
Upon completion of her prison term, Green will be placed on three years of supervised release.As part of the plea agreement, Green agreed to criminal forfeiture in the amount of roughly $5.1 million and restitution in the amount of roughly $5.1 million.
According to the government’s evidence, from Jan. 5, 1998, through July 15, 2013, Green was employed by the Association of American Medical Colleges as an administrative assistant. The association, located in Washington, D.C., represents all of the accredited medical schools in the United States and Canada and is responsible for administering the Medical College Admission Test or MCAT.
Green’s duties included processing invoices from the association’s vendors. Separately, Green owned a bridal shop in Upper Marlboro, Md. that conducted business under the name Fabulous Concepts Inc. or FCI.
From July 15, 2005, through July 1, 2013, Green created and submitted false invoices to the Association of American Medical Colleges in the name of three entities – The Brookings Institute, FCI, and the University Health System Consortium, also known as UHC. In doing so, she was seeking payment for services that were never provided and without the association’s knowledge that Green would be the actual recipient of the payments.
Through this fraudulent scheme, Green embezzled approximately $5.1 million from her employer. Although the association received federal program funds each calendar year, none of the money that was embezzled came from federal program funds.
The Brookings Institution is a private, non-profit policy organization based in Washington, D.C., and UHC is an alliance of academic medical centers and hospitals. Green is not affiliated with either entity. Green’s bridal shop, FCI, was never entitled to receive any money from the association. For the false invoices in the name of The Brookings Institute and UHC, Green registered similar trade names with the Maryland Department of Assessments and Taxation and then opened bank accounts in those names.
In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge Parlave thanked the Association of American Medical Colleges for promptly reporting its discovery of the embezzlement to the U.S. Attorney’s Office in July 2013, and for its full cooperation with the investigation that followed. U.S. Attorney Machen and Assistant Director in Charge Parlave also commended the investigative work of agents and analysts of the FBI’s Washington Field Office. Finally, they praised the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Corinne Kleinman, Deputy U.S. Marshal Wayne Rollock, former Assistant U.S. Attorney David Johnson, and Assistant U.S. Attorney Zia Faruqui, who worked on forfeiture and sentencing issues.
14-173Two Men Sentenced to Decades in Prison for 2008 Slaying of Government WitnessDefendants Found Guilty of Murder, Criminal Street Gang ChargesRead the Press Release
WASHINGTON – Willie Walker, Jr., 24, and Ricky Donaldson, 23, were sentenced today to prison terms of 88 years and 45 years, respectively for violent crimes, including the 2008 slaying of a government witness, announced U.S. Attorney Ronald C. Machen Jr.
Walker and Donaldson were found guilty by a jury in March 2014, following a trial in the Superior Court of the District of Columbia. The jury found them guilty of first-degree premeditated murder while armed with aggravating circumstances; conspiracy to commit first-degree murder while armed; obstructing justice; several firearms offenses; and related criminal street gang charges. The jury also found Walker guilty of charges of aggravated assault and assault with intent to kill for two related shootings in February and March of 2008.
The defendants, both of Washington, D.C., were sentenced by the Honorable John Ramsey Johnson.
“Willie Walker Jr. orchestrated the killing of a government witness from his jail cell, and Ricky Donaldson did the shooting,” said U.S. Attorney Machen. “Now Walker will spend 88 years behind bars and Donaldson will spend 45 years in prison for their cold-blooded efforts to avoid justice at all costs. This case demonstrates our commitment to punish those who target witnesses for simply telling the truth.”
According to the government’s evidence, Walker and Donaldson were members of a criminal street gang that operated in the area of the LeDroit Park neighborhood in Northwest Washington. The gang, known as “LDP,” or “Westside,” sold crack cocaine, among other illicit activities, in the Kelly Miller housing development in LeDroit Park.
On Feb. 4, 2008, after an argument, Walker shot a 55-year-old woman multiple times in the legs. The victim immediately identified Walker as her assailant to law enforcement. A warrant was issued for Walker’s arrest, but he was not immediately apprehended. On March 31, 2008, Walker argued with Delois “Peaches” Persha, 44. Ms. Persha referenced the earlier shooting that Walker had committed, telling him that she would not be treated the same way. In response, Walker shot Ms. Persha multiple times in the torso, and then, as she lay on the ground, multiple times in the face. Ms. Persha survived the attack, and immediately identified Walker as her assailant to law enforcement. For her protection, Ms. Persha, who had grown up in LeDroit Park, was relocated out of the area.
After Walker was arrested and detained in July 2008, he and Donaldson, along with the aid of other LDP gang members, began communicating about hunting down and killing the witnesses against Walker. On Sept. 13, 2008, Donaldson located Ms. Persha, who had returned to the area of LeDroit Park, and fatally shot her multiple times in the back and head. Ms. Persha died from her injuries on Sept. 18, 2008.
The jury found Walker guilty of crimes for his role in the February and March 2008 shootings, as well as the murder of Ms. Persha. Donaldson was found guilty in the murder.
In announcing the sentences, U.S. Attorney Machen praised the work of the detectives, officers, and crime scene technicians who investigated the case for the Metropolitan Police Department. He also expressed appreciation for the work of the FBI’s Cellular Analysis Survey Team. He commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Marian Russell, Sharece Muschette, Gary Nails, and Rommell Pachoca; Lead Paralegal Specialist Philip Aronson; Supervisory Paralegal Specialist Sharon Newman; Victim/Witness Advocates Jennifer Clark and Yvonne Bryant; Victim/Witness Security Specialists Michael Hailey, Deborah Cannon, M. Laverne Forrest, Katina Adams-Washington, and David Foster; Intelligence Specialist Zachary McMenamin; former Intelligence Specialist Larry Grasso; Criminal Investigators John Marsh and Durand Odom; and Litigation Technology Specialist Leif Hickling.
Finally, U.S. Attorney Machen recognized the work of Assistant U.S. Attorneys Chrisellen Kolb, Elizabeth Danello, David Goodhand, and Suzanne Curt, who provided legal assistance, Assistant U.S. Attorneys Alessio Evangelista and Michael Brittin, who investigated the case, and Assistant U.S. Attorneys Kimberley Nielsen and Jeffrey Pearlman, who prosecuted the case at trial.
14-172Maryland Woman Found Guilty of Voluntary Manslaughter in Fatal Crash That Took Place in 2010 Near Dupont Circle- She Left the Scene After Hitting the Victim -Read the Press Release
WASHINGTON - Jorida Davidson, 34, of Chevy Chase, Md., was found guilty by a jury today of voluntary manslaughter for causing a traffic crash in October 2010 that killed a woman near Dupont Circle, U.S. Attorney Ronald C. Machen Jr. announced.
The verdict followed a trial in the Superior Court of the District of Columbia. The Honorable Lynn Leibovitz scheduled sentencing for Sept. 19, 2014.
Davidson was found guilty in June 2011, after an earlier jury trial, of charges of negligent homicide, leaving the scene of a collision involving injury, and driving while under the influence of alcohol. That jury was unable to reach a verdict on a charge of voluntary manslaughter, leading to a retrial this month on that specific charge. In the earlier case, Davidson was sentenced to a total of three years and nine months in prison, and she is now serving that time.
According to the government’s evidence, on Oct. 7, 2010, at about 1:30 a.m., Davidson was operating a 2000 Lexus sport utility vehicle heading northbound on Connecticut Avenue NW, just south of Dupont Circle. She was driving in a lane that would take her into a tunnel that goes under Dupont Circle. At almost the last possible instant, Davidson rapidly changed lanes to avoid going into the tunnel, shifting to a non-tunnel lane on Connecticut Avenue.
At about the same time, the victim, Kiela Ryan, 24, was exiting from a legally parked car on the right side of the street. Davidson hit Ms. Ryan - making no attempt to brake or sound her horn - and then kept driving. An eyewitness got on a bicycle, pursued Davidson’s vehicle and observed the defendant and made a mental note of her car’s tag number.
Davidson, meanwhile, continued driving to her condominium building in Chevy Chase, Md. Police from Montgomery County, Md., found her in the basement garage there, sitting in her vehicle, at about 2:30 a.m. The right front headlight of the vehicle was damaged. The ignition was off, and Davidson had the keys to the Lexus in her hand. She smelled of alcohol and claimed not to know what had happened.
After she was struck, Ms. Ryan was taken to a hospital, where she later died.
In announcing this week’s verdict, U.S. Attorney Machen commended those who worked on the case from the Metropolitan Police Department (MPD). He also cited the efforts of the Montgomery County, Md. Police and the District of Columbia Office of the Chief Medical Examiner. In addition, he acknowledged the work of those who handled the case in the U.S. Attorney’s Office, including Paralegal Specialist Sandra Lane; Information Technology Specialists Anisha Bhatia and Aneela Bhatia; David Foster and Marcia Rinker, of the Victim/Witness Assistance Unit, and Interns Brian Ganjei and Jacob Hjelmaas. He also expressed appreciation for the assistance provided by Assistant U.S. Attorneys John Mannarino and Lauren Bates of the office’s Appellate Division. Finally, he praised the work of Assistant U.S. Attorneys Michael Liebman and Edward O’Connell, who investigated and prosecuted the case.
14-171United States Intervenes in Whistleblower Suit Against Symantec Corporation-Suit Alleges False Claims for Computer Software-Read the Press Release
WASHINGTON – The United States has intervened in a lawsuit against Symantec Corporation, alleging that Symantec submitted false claims to the United States on a General Services Administration (GSA) software contract, the Justice Department announced today. Symantec is a Fortune 500 company located in Mountain View, California, and it sells a variety of computer security products.
“This lawsuit demonstrates the government’s commitment to ensuring that the companies it does business with act with integrity,” said Assistant Attorney General Stuart Delery for the Department of Justice’s Civil Division. “When the United States spends taxpayer dollars based on contractors’ representations about their business practices, we expect to be given complete and accurate information.”
“When doing business with the government, honesty and transparency are essential,” said U.S. Attorney Ronald C. Machen Jr. “We are committed to ensuring that contractors who do business with the federal government provide honest services, prices and products. We will continue to work with relators and federal investigators to protect federal taxpayer money.”
In 2007, Symantec entered into a Multiple Award Schedule contract with GSA that allowed Symantec to sell software and related items directly to federal purchasers. The case alleges that Symantec knowingly provided the United States with inaccurate and incomplete information about the prices it was offering to its commercial customers during the negotiation and performance of the contract. GSA used Symantec’s disclosures about its commercial sales practices to negotiate the minimum discounts Symantec was required to provide government agencies that bought Symantec software. In addition, the contract required Symantec to update GSA when commercial discounts improved and extend the same improved discounts to government purchasers. The suit contends that Symantec misrepresented its true commercial sales practices, ultimately leading to government customers receiving discounts far inferior to those Symantec gave to its commercial non-government customers. The contract at issue was in place from 2007 to 2012 and involved hundreds of millions of dollars in sales.
“Contractors cannot provide GSA with inaccurate and incomplete pricing data,” said GSA Acting Inspector General Robert C. Erickson. “American taxpayers deserve a fair deal.”
The suit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government for the submission of false claims for government funds and to receive a share of any recovery. The False Claims Act also permits the government to intervene in such lawsuits, as it has done in this case. The lawsuit is pending in the District of Columbia.
This matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Columbia and GSA’s Office of Inspector General.
The case is captioned United States ex rel. Morsell v. Symantec Corp., No. 12cv00800 (D.D.C.). The claims asserted against Symantec are allegations only; there has been no determination of liability.
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