FEDERAL DISTRICT ARCHIVE
District of Columbia
Press releases recorded for this federal judicial district.
Utah Man Pleads Guilty to Traveling into the District of ColumbiaRead the Press Release
To Engage in Illicit Sexual Conduct With a Minor
WASHINGTON – Marc Val Singleton, 35, of Salt Lake City, Utah, pled guilty today to traveling interstate to engage in illicit sexual conduct with a minor, announced U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Singleton entered the guilty plea in the U.S. District Court for the District of Columbia. The Honorable Rosemary M. Collyer is to sentence him on Jan. 23, 2015. Singleton faces a maximum sentence of 30 years in prison as well as a fine of $250,000.
According to the government's evidence, on or about June 10, 2014, Singleton contacted an undercover officer with the FBI's Child Exploitation Task Force, through a social network site. Over the course of that one day, Singleton engaged in an instant message conversation with the undercover officer, whom the defendant believed was the father of an under-aged girl. During the course of this conversation, Singleton arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child.
On June 10, 2014, Singleton traveled from a hotel in Bethesda, Md., where he was staying for a conference, to a pre-arranged meeting place in Washington, D.C. When he arrived at the meeting place he was arrested.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director McCabe and
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Chief Lanier commended the work of the MPD Detectives and Special Agents of the FBI’s Child Exploitation Task Force. They also expressed appreciation for the efforts of Assistant U.S. Attorney Ari Redbord, who is prosecuting the case.Former Campaign Treasurer Pleads Guilty to Felony Charges, Admits Diverting Money from Campaign’s Bank AccountRead the Press Release
-Defendant Worked on Unsuccessful Campaign of D.C. Council Candidate-WASHINGTON - Hakim J. Sutton, 33, of Washington, D.C., pled guilty today to evading income taxes and violating campaign finance laws while working as the treasurer and custodian of records for a District of Columbia political campaign.
The guilty plea, in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Ronald C. Machen Jr.; Larry J. Wszalek, Acting Deputy Assistant Attorney General of the Department of Justice’s Tax Division; Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).
Sutton pled guilty to one count of income tax evasion, a federal offense, and one count of knowingly filing a false and misleading campaign finance report, a violation of District of Columbia law. The Honorable Richard J. Leon scheduled sentencing for Feb. 4, 2015. Under the applicable sentencing guidelines, the parties have agreed that Sutton faces a likely range of 10 to 16 months in prison and a fine of up to $30,000 for federal income tax evasion, and a likely range of six to 24 months in prison for knowingly filing a false or misleading campaign finance report. The plea agreement also calls for Sutton to pay full restitution of $18,231 in taxes and interest to the Internal Revenue Service.
According to a statement of offense, signed by the defendant as well as the government, Sutton was the principal owner of the Sutton Group, which performed political consulting services in the District of Columbia and elsewhere. In 2011 and 2012, Sutton served as the treasurer and custodian of records for the campaign of Michael A. Brown, a candidate seeking re-election to an at-large seat on the Council of the District of Columbia. Mr. Brown ultimately lost in the November 2012 election.
Between July 2011 and May 2012, Sutton diverted approximately $115,250 from the campaign bank account to himself by depositing the funds drawn from the campaign bank account into his own personal bank accounts, and converting funds drawn from the campaign bank account to cash. All told, Sutton wrote 36 checks payable to himself.
According to the statement of offense, some, but not all, of the money that Sutton diverted was compensation for Sutton’s work on the campaign. However, Sutton failed to file income tax returns for calendar years 2011 and 2012. He owes a total of $17,180 in federal income taxes for those years, along with an additional $1,051 in interest.
Sutton also omitted references to the checks that he had written to himself in a series of six reports he filed in 2011 and 2012 with the District of Columbia Office of Campaign Finance.
This case was investigated by the Metropolitan Police Department and the Internal Revenue Service-Criminal Investigation. It was prosecuted by Assistant U.S. Attorney David A. Last and former Assistant U.S. Attorney Bryan Seeley, of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney Kenneth C. Vert of the Justice Department’s Tax Division. Assistance was provided by Assistant U.S. Attorney Anthony Saler, of the Asset Forfeiture and Money Laundering Section, Legal Assistant Angela Lawrence, Paralegal Specialist Tasha Harris, former Paralegal Specialist Nicole Wattelet, and Criminal Investigator John Marsh, all of the U.S. Attorney’s Office for the District of Columbia.
14-238Eritrean National Sentenced to Seven Years in PrisonRead the Press Release
For Sexually Abusing an 11-Year-Old Child
While Failing to Register as a Sex OffenderWASHINGTON – Abraham Ayele-Sium, 26, of Eritrea, has been sentenced to seven years in prison for sexually abusing an 11-year-old child and committing a crime of violence while failing to register as a sex offender, announced U.S. Attorney Ronald C. Machen Jr. and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia.
Ayele-Sium has one prior misdemeanor conviction in California for a sex offense involving minor victims, which requires him to register as a sex offender. According to the government’s evidence, Ayele-Sium moved from California to Maryland and registered as a sex offender in Maryland in 2012. However, he then moved to the District of Columbia and did not register his new address with the District of Columbia Sex Offender Registry. While failing to register as a sex offender in the District of Columbia, Ayele-Sium then committed a new sex offense involving a child who he molested while walking her to a District store to get a snack.
Ayele-Sium pled guilty in May 2014 in U.S. District Court for the District of Columbia to one count of failure to register as a sex offender with an enhancement for committing a crime of violence while failing to register as a sex offender in violation of the Sex Offender Registration and Notification Act (SORNA). He also pled guilty to one count of second degree child sexual abuse. The plea agreement, which was contingent upon the Court’s approval, called for a seven-year prison sentence. The Honorable Emmet G. Sullivan accepted the plea agreement on Oct. 22, 2014, and sentenced Ayele-Sium accordingly. Upon completion of his prison term, Ayele-Sium is to be placed on five years of supervised release. He also is subject to deportation.
As part of an overall strategy to combat child exploitation, the U.S. Marshals Service launched a nationwide operation in 2010 to target sex offenders who violate SORNA by knowingly failing to comply with their sex offender registration requirements. SORNA is part of the Adam Walsh Child Protection and Safety Act of 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist states in locating and apprehending non-compliant sex offenders.
In announcing the sentence, U.S. Attorney Machen and U.S. Marshal Hughes praised the work of the Metropolitan Police Department (MPD), as well as Senior Inspector Floriano Whitwell and other members of the D.C. Superior Court Sex Offender Investigations Section of the U.S. Marshals Service, who investigated the case. He also expressed appreciation for the assistance provided by the Metro as well as former Assistant U.S. Attorney Heide Herrmann and Assistant U.S. Attorney Sarah McClellan, who prosecuted the case.
14-237Four Former Blackwater Employees Found Guilty of ChargesRead the Press Release
In Fatal 2007 Shootings at Nisur Square in Iraq
Jury Verdicts Follow 2 ½-Month TrialWASHINGTON – Four former security guards for Blackwater USA were found guilty today of charges stemming from the Sept. 16, 2007, shooting at Nisur Square in Baghdad, Iraq, that resulted in the killing of 14 unarmed civilians and the wounding of numerous others.
The jury verdicts, in the U.S. District Court for the District of Columbia, were announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
The defendants include Nicholas Abram Slatten, 30, of Sparta, Tenn.; Paul Alvin Slough, 35, of Keller, Texas; Evan Shawn Liberty, 32, of Rochester, N.H.; and Dustin Laurent Heard, 33, of Maryville, Tenn. Slatten, who was accused of firing the first shots, was found guilty of one count of first-degree murder. Slough was found guilty of 13 counts of voluntary manslaughter, 17 counts of attempted manslaughter, and one firearms offense. Liberty was found guilty of eight counts of voluntary manslaughter, 12 counts of attempted manslaughter, and one firearms offense. Heard was found guilty of six counts of voluntary manslaughter, 11 counts of attempted manslaughter, and one firearms offense.
“This verdict is a resounding affirmation of the commitment of the American people to the rule of law, even in times of war,” said U.S. Attorney Machen. “Seven years ago, these Blackwater contractors unleashed powerful sniper fire, machine guns, and grenade launchers on innocent men, women, and children. Today they were held accountable for that outrageous attack and its devastating consequences for so many Iraqi families. I pray that this verdict will bring some sense of comfort to the survivors of that massacre. I want to thank the prosecutors and law enforcement agents who have fought for the past seven years to bring justice to the memories of those who were gunned down in Nisur Square.”
“Today’s verdict demonstrates the FBI's dedication to investigating violations of U.S. law no matter where they occur,” said Assistant Director in Charge McCabe. “International investigations such as this one are very complex and frequently dangerous. This case took a tremendous amount of coordination to bring over a large number of foreign witnesses in support of this prosecution. I commend the FBI Special Agents, Task Force Officers, Intelligence Analysts and Language Specialists and our partners at the U.S. Attorney’s Office for working to bring those responsible to justice and conveying some measure of comfort to the victims’ families in Iraq.”
The verdicts came on the 28th day of jury deliberations and followed more than two months of trial. The Honorable Senior Judge Royce C. Lamberth ordered that the four defendants be detained pending sentencing. A sentencing date has not yet been set.
The murder charge against Slatten calls for a mandatory sentence of life in prison. Each of the voluntary manslaughter counts against the other defendants carries a statutory maximum of 15 years in prison. Each of the attempted manslaughter counts carries a statutory maximum of seven years of incarceration. The weapons offense carries a mandatory 30-year prison sentence.
Another Blackwater security guard, Jeremy P. Ridgeway, pled guilty in December 2008 to voluntary manslaughter and attempt to commit manslaughter. Ridgeway, who testified as a government witness in the trial, has not yet been sentenced.
The defendants worked for Blackwater USA, a private security contractor that was paid by the U.S. government to provide protective services to U.S. officials.
The trial began June 17, 2014. Over the next 10 weeks, the government presented testimony from 71 witnesses, including 30 from Iraq. This represented the largest group of foreign witnesses ever to travel to the United States for a criminal trial. The witnesses included 13 people who were wounded in the shootings, as well as relatives of many of those who died. The government’s witnesses also included nine members of “Raven 23,” the Blackwater team that was on the scene on the day of the shootings.
According to the government’s evidence, at approximately noon on Sunday, Sept. 16, 2007, several Blackwater security contractors, including the four defendants, opened fire in and around Nisur Square, a busy traffic circle in the heart of Baghdad. When they stopped shooting, 14 Iraqi civilians were dead. Those killed included 10 men, two women, and two boys, ages 9 and 11. Another 18 victims were injured.
The four defendants and 15 other Blackwater security contractors were assigned to a convoy of four heavily-armed trucks known as a Tactical Support Team, using the call sign “Raven 23.” Shortly before noon, Raven 23 learned that a car bomb had detonated in central Baghdad near a location where a U.S official was being escorted by a Blackwater personal security detail team. Raven 23 team members promptly reported to their convoy vehicles, and the convoy drove to a secured checkpoint between the Green Zone and Red Zone.
Once there, in disregard of an order from Blackwater’s command, the team’s shift leader directed Raven 23 to leave the Green Zone and establish a blockade in Nisur Square, a busy traffic circle that was immediately adjacent to the Green Zone. While occupying the southern part of the traffic circle, seven of the 19 members of Raven 23, including the four defendants and Ridgeway, fired their weapons, resulting in the deaths or injury of the unarmed Iraqi civilians there. While leaving the traffic circle, Slough continued to fire his weapon, resulting in additional deaths and injuries.
Finally, further away, north of the traffic circle, Slough and Ridgeway again fired their weapons, resulting in the injury of three more unarmed Iraqi civilians.
The first to be killed was Ahmed Haithem Ahmed Al Rubia’y, 21, an aspiring doctor, who was driving his mother to an appointment. His mother, Mahassin Mohssen Kadhum Al-Khazali, 44, a medical doctor, also was killed. Others who died included Ali Mohammed Hafedh Abdul Razzaq, 9, who was traveling with his family; Osama Fadhil Abbas, 52, a businessman who sold used cars and who was enroute to a business meeting; Mohamed Abbas Mahmoud, 47, a delivery truck driver, and his 11-year-old son, Qasim Mohamed Abbas Mahmoud; Sa’adi Ali Abbas Alkarkh, 52, a businessman; Mushtaq Karim Abd Al-Razzaq, 18, an Iraqi soldier who was standing at a military checkpoint; Ghaniyah Hassan Ali, 55, who was traveling with her daughter on a public bus, and who was in the area to get documentation for a trip to holy sites; Ibrahim Abid Ayash, 77, a gardener, who was traveling in another bus; Hamoud Sa’eed Abttan, 33, and his cousin, Usday Ismail Ibrahiem, 27, who were out looking for work with the Iraqi Army; Mahdi Sahib Nasir, 26, a taxi driver, and Ali Khalil Abdul Hussein, 54, a motorcyclist who was commuting to work.
The jury considered charges involving injuries to 14 men and three women. Because of travel issues, witnesses to support an 18th charge of attempted manslaughter did not appear at the trial, and the charge related to that victim’s injuries was dismissed by the government.
This case was investigated by the FBI’s Washington Field Office. The Iraqi Ministry of Interior and the Iraqi National Police provided cooperation and assistance in the investigation.
The case was prosecuted by Assistant U.S. Attorneys Anthony Asuncion, John Crabb, Jr., Christopher R. Kavanaugh, T. Patrick Martin, and David Mudd, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia. The case was originally indicted by Assistant U.S. Attorneys Jonathan M. Malis and Kenneth Kohl.
14-235Four Former Blackwater Employees Found Guilty of ChargesRead the Press Release
In Fatal 2007 Shootings at Nisur Square in Iraq
Jury Verdicts Follow 2 ½-Month TrialWASHINGTON – Four former security guards for Blackwater USA were found guilty today of charges stemming from the Sept. 16, 2007, shooting at Nisur Square in Baghdad, Iraq, that resulted in the killing of 14 unarmed civilians and the wounding of numerous others.
The jury verdicts, in the U.S. District Court for the District of Columbia, were announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, and Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office.
The defendants include Nicholas Abram Slatten, 30, of Sparta, Tenn.; Paul Alvin Slough, 35, of Keller, Texas; Evan Shawn Liberty, 32, of Rochester, N.H.; and Dustin Laurent Heard, 33, of Maryville, Tenn. Slatten, who was accused of firing the first shots, was found guilty of one count of first-degree murder. Slough was found guilty of 13 counts of voluntary manslaughter, 17 counts of attempted manslaughter, and one firearms offense. Liberty was found guilty of eight counts of voluntary manslaughter, 12 counts of attempted manslaughter, and one firearms offense. Heard was found guilty of six counts of voluntary manslaughter, 11 counts of attempted manslaughter, and one firearms offense.
“This verdict is a resounding affirmation of the commitment of the American people to the rule of law, even in times of war,” said U.S. Attorney Machen. “Seven years ago, these Blackwater contractors unleashed powerful sniper fire, machine guns, and grenade launchers on innocent men, women, and children. Today they were held accountable for that outrageous attack and its devastating consequences for so many Iraqi families. I pray that this verdict will bring some sense of comfort to the survivors of that massacre. I want to thank the prosecutors and law enforcement agents who have fought for the past seven years to bring justice to the memories of those who were gunned down in Nisur Square.”
“Today’s verdict demonstrates the FBI's dedication to investigating violations of U.S. law no matter where they occur,” said Assistant Director in Charge McCabe. “International investigations such as this one are very complex and frequently dangerous. This case took a tremendous amount of coordination to bring over a large number of foreign witnesses in support of this prosecution. I commend the FBI Special Agents, Task Force Officers, Intelligence Analysts and Language Specialists and our partners at the U.S. Attorney’s Office for working to bring those responsible to justice and conveying some measure of comfort to the victims’ families in Iraq.”
The verdicts came on the 28th day of jury deliberations and followed more than two months of trial. The Honorable Senior Judge Royce C. Lamberth ordered that the four defendants be detained pending sentencing. A sentencing date has not yet been set.
The murder charge against Slatten calls for a mandatory sentence of life in prison. Each of the voluntary manslaughter counts against the other defendants carries a statutory maximum of 15 years in prison. Each of the attempted manslaughter counts carries a statutory maximum of seven years of incarceration. The weapons offense carries a mandatory 30-year prison sentence.
Another Blackwater security guard, Jeremy P. Ridgeway, pled guilty in December 2008 to voluntary manslaughter and attempt to commit manslaughter. Ridgeway, who testified as a government witness in the trial, has not yet been sentenced.
The defendants worked for Blackwater USA, a private security contractor that was paid by the U.S. government to provide protective services to U.S. officials.
The trial began June 17, 2014. Over the next 10 weeks, the government presented testimony from 71 witnesses, including 30 from Iraq. This represented the largest group of foreign witnesses ever to travel to the United States for a criminal trial. The witnesses included 13 people who were wounded in the shootings, as well as relatives of many of those who died. The government’s witnesses also included nine members of “Raven 23,” the Blackwater team that was on the scene on the day of the shootings.
According to the government’s evidence, at approximately noon on Sunday, Sept. 16, 2007, several Blackwater security contractors, including the four defendants, opened fire in and around Nisur Square, a busy traffic circle in the heart of Baghdad. When they stopped shooting, 14 Iraqi civilians were dead. Those killed included 10 men, two women, and two boys, ages 9 and 11. Another 18 victims were injured.
The four defendants and 15 other Blackwater security contractors were assigned to a convoy of four heavily-armed trucks known as a Tactical Support Team, using the call sign “Raven 23.” Shortly before noon, Raven 23 learned that a car bomb had detonated in central Baghdad near a location where a U.S official was being escorted by a Blackwater personal security detail team. Raven 23 team members promptly reported to their convoy vehicles, and the convoy drove to a secured checkpoint between the Green Zone and Red Zone.
Once there, in disregard of an order from Blackwater’s command, the team’s shift leader directed Raven 23 to leave the Green Zone and establish a blockade in Nisur Square, a busy traffic circle that was immediately adjacent to the Green Zone. While occupying the southern part of the traffic circle, seven of the 19 members of Raven 23, including the four defendants and Ridgeway, fired their weapons, resulting in the deaths or injury of the unarmed Iraqi civilians there. While leaving the traffic circle, Slough continued to fire his weapon, resulting in additional deaths and injuries.
Finally, further away, north of the traffic circle, Slough and Ridgeway again fired their weapons, resulting in the injury of three more unarmed Iraqi civilians.
The first to be killed was Ahmed Haithem Ahmed Al Rubia’y, 21, an aspiring doctor, who was driving his mother to an appointment. His mother, Mahassin Mohssen Kadhum Al-Khazali, 44, a medical doctor, also was killed. Others who died included Ali Mohammed Hafedh Abdul Razzaq, 9, who was traveling with his family; Osama Fadhil Abbas, 52, a businessman who sold used cars and who was enroute to a business meeting; Mohamed Abbas Mahmoud, 47, a delivery truck driver, and his 11-year-old son, Qasim Mohamed Abbas Mahmoud; Sa’adi Ali Abbas Alkarkh, 52, a businessman; Mushtaq Karim Abd Al-Razzaq, 18, an Iraqi soldier who was standing at a military checkpoint; Ghaniyah Hassan Ali, 55, who was traveling with her daughter on a public bus, and who was in the area to get documentation for a trip to holy sites; Ibrahim Abid Ayash, 77, a gardener, who was traveling in another bus; Hamoud Sa’eed Abttan, 33, and his cousin, Usday Ismail Ibrahiem, 27, who were out looking for work with the Iraqi Army; Mahdi Sahib Nasir, 26, a taxi driver, and Ali Khalil Abdul Hussein, 54, a motorcyclist who was commuting to work.
The jury considered charges involving injuries to 14 men and three women. Because of travel issues, witnesses to support an 18th charge of attempted manslaughter did not appear at the trial, and the charge related to that victim’s injuries was dismissed by the government.
This case was investigated by the FBI’s Washington Field Office. The Iraqi Ministry of Interior and the Iraqi National Police provided cooperation and assistance in the investigation.
The case was prosecuted by Assistant U.S. Attorneys Anthony Asuncion, John Crabb, Jr., Christopher R. Kavanaugh, T. Patrick Martin, and David Mudd, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia. The case was originally indicted by Assistant U.S. Attorneys Jonathan M. Malis and Kenneth Kohl.
14-235District Man Found Guilty of First-Degree Murder While Armed in 2012 Shooting on Crowded Southeast Washington BlockRead the Press Release
-Defendant Shot Victim Repeatedly-WASHINGTON - Demonta Chappell, 23, of Washington, D.C., was found guilty by a jury today of first-degree murder while armed and other charges stemming from a slaying that took place in 2012 in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Chappell was found guilty of the murder charge, related weapons offenses, and three counts of obstruction of justice. The verdict followed a trial in the Superior Court of the District of Columbia. The Honorable Rhonda Reid Winston scheduled sentencing for Jan. 27, 2015.
According to the government’s evidence, on Saturday, Oct. 27, 2012, shortly after 9 p.m., Chappell approached the victim, Stevann Moorer, 26, who was standing in the 500 block of Parkland Place SE. The block was crowded that evening with people celebrating a local horseshoes team championship in a nearby park. When Chappell reached Mr. Moorer, he pulled out a semi-automatic pistol and shot him. Chappell then stood over Mr. Moorer and shot him several more times. Following the shooting, Chappell fled through a nearby alley.
After his arrest in the case, Chappell made several attempts to contact witnesses from the jail in an effort to persuade them to testify falsely on his behalf.
In announcing the verdict, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department (MPD) and the FBI. He also acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Marcia Rinker; Criminal Investigators Mark Crawford, Durand Odom, and John Marsh; Paralegal Specialists Mia Beamon and Benjamin Kagan-Guthrie; David Foster, M. Laverne Forrest, Debra Cannon, and Michael Hailey of the Victim/Witness Assistance Unit; and Information Technology Specialist Leif Hickling. He also expressed appreciation for the assistance provided by Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation, and former Assistant U.S. Attorney Mary Chris Dobbie.
Finally, he praised the work of Assistant U.S. Attorneys Jonathan Kravis and Veronica Sanchez, who investigated and prosecuted the matter.
14-236Virginia Man Pleads Guilty to Traveling into the District of Columbia to Engage in Illicit Sexual Conduct with A MinorRead the Press Release
WASHINGTON – Michael Angel Gutierrez, 50, of Lorton, Va., pled guilty today to a federal charge of traveling interstate to engage in illicit sexual conduct with a minor, announced U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Gutierrez entered the guilty plea in the U.S. District Court for the District of Columbia. The Honorable James E. Boasberg scheduled sentencing for Jan. 8, 2015. Gutierrez faces a maximum sentence of 30 years in prison and a potential fine of up to $250,000.
According to the government's evidence, on Aug. 28, 2014, Gutierrez contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site. Over the next few days, Gutierrez engaged in e-mail, phone, and text message conversations with the undercover officer, whom the defendant believed was the father of an under-aged girl. During this period of time, Gutierrez arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child.
On Sept. 3, 2014, Gutierrez traveled from his apartment in Virginia to a pre-arranged meeting place in Washington, D.C. When he arrived at the meeting place, he was arrested.
This case was brought was part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Ari Redbord, who is prosecuting the case.
14-234Virginia Man Pleads Guilty to Traveling into the District of Columbia to Engage in Illicit Sexual Conduct with A MinorRead the Press Release
WASHINGTON – Michael Angel Gutierrez, 50, of Lorton, Va., pled guilty today to a federal charge of traveling interstate to engage in illicit sexual conduct with a minor, announced U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Gutierrez entered the guilty plea in the U.S. District Court for the District of Columbia. The Honorable James E. Boasberg scheduled sentencing for Jan. 8, 2015. Gutierrez faces a maximum sentence of 30 years in prison and a potential fine of up to $250,000.
According to the government's evidence, on Aug. 28, 2014, Gutierrez contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site. Over the next few days, Gutierrez engaged in e-mail, phone, and text message conversations with the undercover officer, whom the defendant believed was the father of an under-aged girl. During this period of time, Gutierrez arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child.
On Sept. 3, 2014, Gutierrez traveled from his apartment in Virginia to a pre-arranged meeting place in Washington, D.C. When he arrived at the meeting place, he was arrested.
This case was brought was part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Ari Redbord, who is prosecuting the case.
14-234Former Caregiver Pleads Guilty to Criminal Abuse of A Vulnerable AdultDefendant Struck and Dragged Woman with Cognitive DisabilitiesRead the Press Release
WASHINGTON - A former direct care giver, Sherifat Kofo Yusuff, has pled guilty to criminal abuse of a 50-year-old vulnerable adult, U.S. Attorney Ronald C. Machen, Jr. and District of Columbia Interim Inspector General Blanche L. Bruce announced today.
Yusuff, 53, of Washington, D.C., pled guilty on Oct. 16, 2014, in the Superior Court of the District of Columbia, to one count of criminal abuse of a vulnerable adult. The Honorable Senior Judge Susan R. Winfield sentenced Yusuff to 30 days in jail. The judge suspended the time on the condition that Yusuff successfully completes six months of probation.
According to the government’s evidence, on Feb. 19, 2014, Yusuff worked for Marjul Homes, Inc. (Marjul), which operated a residential group home for individuals with developmental disabilities. Yusuff was a direct support professional with responsibility for caring for vulnerable adults diagnosed with severe developmental and cognitive disabilities. On that day, she transported and accompanied one of the adults to MedStar National Rehabilitation Hospital, where the woman was scheduled to undergo a sleep study.
Shortly after medical staff placed electrodes and sensors on the vulnerable adult, the woman became agitated and attempted to remove those items from her body. Yusuff admitted that she became frustrated with this behavior, struck the woman with an open hand, and dragged her across the floor. These actions were captured on a camera used for the sleep study, and the video was subsequently used by law enforcement in its investigation of the case.
In announcing the guilty plea, U.S. Attorney Machen and Interim Inspector General Bruce praised the work of former Investigator Tracey Chambers, of the Office of the Inspector General Medicaid Fraud Control Unit (MFCU). They also commended the efforts of Assistant U.S. Attorneys William Schurmann and Scott Ray, who worked on the case from the U.S. Attorney’s Office, and Special Assistant U.S. Attorney Brent Wolfingbarger of the MFCU, who jointly prosecuted the case.
14-233Maryland Man Sentenced to 40 Months in Prison for 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, was sentenced today to 40 months in prison for 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 August 2014 in the Superior Court of the District of Columbia to five counts of first-degree felony fraud. He was sentenced by the Honorable Milton C. Lee. Upon completion of his prison term, Mitchell will be placed on five years of probation. He also must pay $228,036 in restitution.
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 in November 2013 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 sentence, 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 investigated and prosecuted the matter.
14-232Omar Gonzalez Indicted on Additional Charges Stemming from Recent Intrusion on White House GroundsGrand Jury Returns Superseding Indictment as Investigation ContinuesRead the Press Release
WASHINGTON – A federal grand jury in the District of Columbia returned a superseding indictment today charging Omar Gonzalez with three additional offenses stemming from a recent incident in which he ran into the White House while armed with a folding knife.
The superseding indictment was announced by U.S. Attorney Ronald C. Machen Jr. and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office, U.S. Secret Service.
Gonzalez, 42, formerly of Copperas Cove, Texas, initially was indicted on Sept. 30, 2014, in the U.S. District Court for the District of Columbia. He was charged at that time with unlawfully entering a restricted building or grounds, while carrying a deadly or dangerous weapon, a federal offense; carrying a dangerous weapon outside a home or place of business, a District of Columbia offense, and unlawful possession of ammunition, also a D.C. offense.
The superseding indictment includes those three charges. It also adds two federal counts of assaulting, resisting, or impeding certain officers or employees, and one District of Columbia count of unlawful possession of a large capacity ammunition feeding device.
According to the government’s evidence, on Sept. 19, 2014, at about 7:19 p.m., Gonzalez climbed over the north fence of the White House. An officer with the U.S. Secret Service ran toward him and yelled at him to stop. Gonzalez, however, ran toward the White House. Moments later, he went through the north doors and entered the building.
He was apprehended inside the White House after he allegedly assaulted, resisted, or impeded two U.S. Secret Service officers, the basis for the new federal charges filed today. Gonzalez was searched and a black folding knife was discovered in his right front pants pocket. The knife had a serrated blade that was three and one-half inches long.
After Gonzalez’s arrest, he gave oral consent to search his vehicle, which was located on Constitution Avenue NW. The vehicle contained hundreds of rounds of ammunition, both in boxes and in magazines, two hatchets, and a machete. The newly filed District of Columbia charge involves the recovery of gun magazines that held more than 10 rounds.
Gonzalez is scheduled to appear in court on Oct. 21, 2014. He has been in custody since his arrest on Sept. 19, 2014.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
This case is being investigated by the U.S. Secret Service. It is being prosecuted by Assistant U.S. Attorneys David Mudd and Thomas A. Gillice, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia.
14-231Ahmed Abu Khatallah Indicted on Additional Charges for September 2012 Attack in Benghazi, LibyaRead the Press Release
WASHINGTON – A federal grand jury in the District of Columbia returned a superseding indictment today charging Ahmed Abu Khatallah, aka Ahmed Mukatallah, with numerous additional offenses arising from his alleged participation in the September 11 through 12, 2012, terrorist attacks in Benghazi, Libya, which resulted in the deaths of Ambassador J. Christopher Stevens and U.S. government personnel Sean Smith, Tyrone Woods and Glen Doherty.
Khatallah, 43, a Libyan national, was initially indicted on June 26, 2014, on the charge of conspiracy to provide material support and resources to terrorists resulting in death. That charge, which is included in the superseding indictment, carries a potential life sentence. The superseding indictment includes a total of 17 new charges, including some that could be punishable by death.
“These additional charges reflect Ahmed Abu Khattalah’s integral role in the attack on U.S. facilities in Benghazi, which led to the deaths of four brave Americans,” said Attorney General Eric Holder. “We will never relent in pursuing justice against those who commit heinous acts of terrorism against the United States. Those who would do harm to our citizens—no matter how far away—should understand that our nation’s memory is long and our reach is far.”
“This superseding indictment charges Ahmed Abu Khatallah for his role in the attacks on U.S. facilities in Benghazi, Libya that resulted in the deaths of four U.S. government personnel,” said Assistant Attorney General for National Security John Carlin. “This case reminds us of the continued threat the United States faces abroad from terrorism, but it also highlights our resolve to find and hold terrorists accountable wherever they may hide.”
“We have no higher priority than bringing to justice terrorists who kill U.S. citizens serving our country on foreign soil,” said U.S. Attorney Ronald C. Machen Jr. for the District of Columbia. “With this 18-count indictment, a grand jury in our nation’s capital has charged Ahmed Abu Khatallah with the murders of four brave Americans in Benghazi. We will press forward with our efforts to hold accountable all those who are responsible for this cowardly act.”
“With additional charges being announced today, Ahmed Abu Khatallah’s role in the Benghazi attack is even clearer,” said Assistant Director in Charge George Venizelos of the FBI’s New York Field Office. “As the charges allege, he was the leader of an extremist militia group who carried out this brutal act of violence that took the lives of four honorable Americans. The Benghazi investigation remains one of the FBI’s top priorities and we will work tirelessly until all of those responsible are brought to justice.”
The superseding indictment describes Khatallah’s alleged role in the attacks at a U.S. diplomatic mission in Benghazi and a second U.S. facility there, known as the annex. According to the superseding indictment, Khatallah was a leader of an extremist militia group and he conspired with others to attack the facilities, kill U.S. citizens, destroy buildings and other property, and plunder materials, including documents, maps and computers containing sensitive information.
The offenses that could carry death sentences include one count of murder of an internationally protected person; three counts of murder of an officer and employee of the United States; four counts of killing a person in the course of an attack on a federal facility involving the use of a firearm and a dangerous weapon; and two counts of maliciously damaging and destroying U.S. property by means of fire and an explosive causing death.
The seven other new charges in the superseding indictment include one count of providing material support and resources to terrorists resulting in death; three counts of attempted murder of an officer and employee of the United States; two counts of maliciously destroying and injuring dwellings and property, and placing lives in jeopardy within the special maritime and territorial jurisdiction of the United States, and attempting to do the same; and one count of using, carrying, brandishing and discharging a firearm during a crime of violence, which carries a mandatory minimum sentence of 30 years in prison.
Khatallah will be arraigned on the new charges at a hearing Oct. 20, 2014, before the Honorable Christopher R. Cooper in the U.S. District Court for the District of Columbia. At an earlier hearing, he pleaded not guilty to the terrorism conspiracy charge.
The investigation is continuing.
According to the superseding indictment, Khatallah was the commander of Ubaydah Bin Jarrah (UBJ), an Islamist extremist militia in Benghazi, which had the goal of establishing Sharia law in Libya. In approximately 2011, UBJ merged with Ansar al-Sharia (AAS), another Islamist extremist group in Libya with the same goal of establishing Sharia law in the country. Khatallah was a Benghazi-based leader of AAS.
The attack at the diplomatic mission, which took place on the night of Sept. 11, 2012, led to the deaths of Ambassador Stevens and Smith, who was an Information Management Officer for the U.S. Department of State; a second State Department employee was injured in this violence. The attack at the annex took place early Sept. 12, 2012. Woods and Doherty, who were security officers working on the U.S. government’s behalf, were killed in the attack at the annex, and another security officer and a State Department employee were wounded in the violence there.
In June 2014, Khatallah was taken into custody, and he initially was charged in a criminal complaint that was filed under seal on July 15, 2013, which became public on June 17, 2014. The earlier indictment became public on June 28, 2014, the date of his first court appearance.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
The case is being investigated by the FBI New York Field Office's Joint Terrorism Task Force with substantial assistance from various other government agencies. The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Counterterrorism Section of the National Security Division.
14-230Former MPD Officer Sentenced to Seven Years in Prison for Pandering A Minor and Possession of Child Pornography-Defendant Admitted to Offenses Involving Three Teenage Girls-Read the Press Release
WASHINGTON – Linwood Barnhill, 48, a former officer with the Metropolitan Police Department (MPD), was sentenced today to seven years in prison after earlier pleading guilty to two counts of pandering a minor and one count of possession of child pornography.
The sentencing was announced by U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department.
Barnhill, who was assigned to the Seventh Police District, pled guilty in June 2014 in the U.S. District Court for the District of Columbia. He has resigned from the department. His plea agreement, which was subject to the Court’s approval, called for a seven-year prison sentence.
The Honorable Rosemary M. Collyer accepted the plea and sentenced Barnhill today. Upon completion of his prison term, Barnhill will be placed on 10 years of supervised release. He also will be required to register as a sex offender for the rest of his life.
According to the government's evidence, on Dec. 3, 2013, officers with the MPD’s Youth Investigations Division located a missing 16-year-old girl at Barnhill’s residence in Washington, D.C. Over the course of the previous two weeks, the government’s evidence showed, Barnhill had begun the process of cultivating the juvenile to engage in prostitution, including taking clothed and unclothed photographs of her. During this time-frame, he stated that he was going to send the photos to a man who was interested in “an appointment” with her. Barnhill further explained that he was going to set up a “date” for her to engage in sexual acts with this man, who would pay her $80. The juvenile was to provide Barnhill with $20 after the completion of the “date.” Barnhill arranged to have the juvenile’s hair done in preparation for the date. The 16-year-old never actually engaged in prostitution for the defendant.
During the course of the ensuing investigation, MPD officers and members of the FBI’s Child Exploitation Task Force learned that the defendant was involved in prostitution-related activities with other adult and juvenile females, including a 15-year-old.
According to the government’s evidence, the 15-year-old met Barnhill in September 2013, when he pulled up to her at a bus stop and asked if she was interested in modeling for him. The 15-year-old agreed to model for the defendant and went back to his apartment to “take modeling pictures.” Barnhill, who asked her to escort for him, took a series of clothed and unclothed photographs of the girl. Later that night, he contacted her by cell phone and told her that he had somebody that wanted to meet her for a “date.” Barnhill collected the money and paid the 15-year-old a portion of that money once she was finished with the “date.”
In addition, during the course of the investigation, law enforcement identified a 17-year-old female who also met the defendant in October 2013 when he pulled up to her at a bus stop in Washington, D.C. and asked her if she wanted to model. Sometime later, the 17-year-old went to Barnhill’s residence. He brought her into his bedroom, where he took multiple photographs of her, clothed and unclothed. After taking the photos, Barnhill asked the 17-year-old to perform oral sex on him. While she performed oral sex, Barnhill held his cellular phone and video-recorded the session. That video was recovered from a cell phone seized from the defendant’s residence pursuant to a search warrant.
Barnhill has been in custody since his arrest in December 2013.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe and Chief Lanier commended the work of the MPD detectives and Special Agents of the FBI’s Child Exploitation Task Force. They also expressed appreciation for the efforts of Assistant U.S. Attorney Ari Redbord, who prosecuted the case.
14-227Florida Businessman Sentenced to Nine Years in Prison for Conspiring to Defraud InvestorsRead the Press Release
Over 100 Investors Lost More Than $13 Million in Scheme
ORLANDO, FLA. – Blayne S. Davis, 33, formerly of Naples, Fla., has been sentenced to a nine-year prison term on 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 on July 28, 2014, in the U.S. District Court for the Middle District of Florida, to a charge of conspiracy to commit mail and wire fraud. He was sentenced on Oct. 8, 2014, by the Honorable Carlos E. Mendoza.
Davis also will be required to pay restitution of between $11,894,776 and $13,215,874 to the investors who lost money. The Court will determine the final amount at a restitution hearing on Oct. 20, 2014. The Court is also expected to enter an order of forfeiture in a similar amount. In addition, following his prison term, Davis will be placed on three years of supervised release.
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; trial is currently scheduled for May 4, 2015. (The two Davises are not related.) A third defendant, Damien L. Bromfield, 38, 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, 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. Attorney Jonathan P. Hooks of the U.S. Attorney’s Office for the District of Columbia and Trial Attorney Ephraim (Fry) Wernick of the U.S. Department of Justice, Criminal Division, who are designated as Special Attorneys in the Middle District of Florida.
14-228District Man Pleads Guilty to Carrying Out Two Robberies Within 36 Hours in D.C. and Maryland-Defendant’s Two Brothers and Sister Awaiting Trial in Case-Read the Press Release
WASHINGTON – Alex Alexander, 21, of Washington, D.C., pled guilty today to federal charges stemming from a pair of robberies that took place within a 36-hour period of a convenience store in Montgomery County, Md. and a bank in the District of Columbia.
The 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 Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Alexander pled guilty in the U.S. District Court for the District of Columbia to one count of conspiracy to interfere with interstate commerce by robbery and one count of bank robbery. The Honorable Senior Judge Paul L. Friedman scheduled sentencing for Jan. 6, 2015. The charges carry a maximum of 20 years in prison, as well as restitution to the victims.
According to a statement of offense, signed by the defendant as well as the government, Alexander and two of his brothers entered the Colombo Bank, in the 1300 block of 9th Street NW, at approximately noon on May 12, 2014. After leaving the bank, he and his brothers decided that they were going to return at some point to rob it.
On May 13, 2014, and continuing into May 14, 2014, according to the statement of offense, Alexander, his two brothers, and one of his sisters were riding around the District of Columbia, in the sister’s vehicle, when they decided they were going to rob a convenience store located at a gas station in the 8300 block of Colesville Road in Silver Spring, Md.
When the four siblings arrived at the convenience store at approximately 2:55 a.m. on May 14, 2014, they entered the establishment and robbed the attendant of about $158 before fleeing the scene and returning to the District of Columbia.
On May 15, 2014, at approximately 10:30 a.m., Alexander and the same two brothers returned to the Colombo Bank on 9th Street NW, in their sister’s vehicle. According to the statement of offense, Alexander and his two brothers entered the bank while their sister waited inside her vehicle. Alexander and his brothers robbed the teller of approximately $800 before fleeing to the waiting vehicle. In fleeing the scene, they dropped the money.
The brothers – Allante Alexander, 20, and Alvin Alexander, 23 – and the sister – Allesha Alexander, 25 – also are charged with federal offenses in the case. They have pled not guilty.
In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier commended the investigative work of the Special Agents from the FBI’s Washington Field Office who worked on the case and the entire joint FBI/MPD Violent Crimes Task Force. In addition, they acknowledged the work of Legal Assistant Candice Sisco, Paralegal Specialist Starla Stolk, and Assistant U.S. Attorney Diane Lucas of the Asset Forfeiture and Money Laundering Section. Finally, they expressed appreciation for the work of Assistant U.S. Attorney David B. Kent, who is prosecuting the case.
14-229District Man Pleads Guilty to Charges in Shooting That Seriously Wounded 8-Year-Old GirlGunfire Followed Attempted Robbery in Middle of Afternoon at Southeast Washington Apartment BuildingRead the Press Release
WASHINGTON – Karie Brown, 20, of Washington, D.C., pled guilty today to charges stemming from a shooting this year at an apartment building in Southeast Washington that seriously wounded an eight-year-old girl, U.S. Attorney Ronald C. Machen Jr. announced.
Brown pled guilty in the Superior Court of the District of Columbia to charges of aggravated assault while armed; assault with intent to rob while armed, and unlawful possession of a firearm by a convicted felon. The plea, which is contingent upon the Court’s approval, calls for a sentence of 14 ½ to 21 ½ years in prison. The Honorable Rhonda Reid Winston scheduled sentencing for Dec. 18, 2014.
A co-defendant, Nathaniel Patten, 21, also of Washington, D.C., is awaiting trial. He has pled not guilty to charges.
According to the government’s evidence, Brown and Patten decided on the afternoon of Feb. 14, 2014 to rob an individual they believed sold marijuana. Brown and Patten were armed with a .22-caliber Ruger semi-automatic pistol, which Brown was carrying. The men headed to the 1200 block of Valley Avenue SE, an area they knew that the individual had frequented.
Brown and Patten pretended to be waiting to gain access to a locked apartment building on the block. The eight-year-old girl – who was going outside to play in the snow -- held the door open for them. Brown and Patten then followed the individual who they were targeting into the building as he went upstairs. They then attempted to rob him and gain access to an apartment that he was about to enter. The individual escaped and ran downstairs. Brown shot once at the individual while inside the building and then fired multiple shots at him outside.
The shots missed the individual, but hit the girl in the torso.
The bullet that hit the child caused severe bleeding, and she was rushed to an emergency room and placed in critical care. She required immediate surgery and could have died but for the timely intervention of medical assistance.
According to the government’s evidence, Brown and Patten fled together, and Brown discarded the firearm, which was found by the Metropolitan Police Department (MPD). The defendants were both found and arrested soon after the shooting in the 3500 block of Wheeler Road SE.
The firearms charge stemmed from the fact that Brown had previously been convicted of a charge of conspiracy to commit robbery, in an unrelated case.
In announcing the plea, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Theresa Nelson, Victim/Witness Advocate Jennifer Clark, and Victim/Witness Security Specialist Tanya Via. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Tejpal S. Chawla and Kendra Briggs, who investigated and prosecuted the case.
14-226Maryland Man Sentenced to 14-Year Prison Term for Sexually Abusing Subordinate Food Services EmployeeAttacks Took Place at Federal Building in Washington, D.C.Read the Press Release
WASHINGTON – Alexander Hughes, 35, of Odenton, Md., was sentenced today to 14 years in prison for sexually abusing a subordinate employee in the cafeteria of a federal building where they worked in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Hughes was found guilty in May 2014, following a trial in the Superior Court of the District of Columbia, of one count of kidnapping, one count of first-degree sexual abuse with aggravating circumstances, three counts of second-degree sexual abuse with aggravating circumstances, and numerous counts of misdemeanor sexual abuse with aggravating circumstances. He was sentenced by the Honorable John Ramsey Johnson. Upon completion of his prison term, Hughes will be placed on five years of supervised release. He also must register as a sex offender for the rest of his life.
According to the government’s evidence, Hughes was a contract employee who worked as a food services supervisor at the U.S. Department of Homeland Security on Nebraska Avenue NW. The victim was one of the food preparation employees. Between December 2011 and December 2012, Hughes engaged in numerous acts of sexual abuse in various locations within the cafeteria, including an employee changing room and restroom.
Hughes engaged in this conduct by force, as well as by telling the victim on numerous occasions that he could have her fired if she did not submit to his sexual acts. The victim, who felt totally helpless, eventually got the courage to report the sexual abuse, leading to a law enforcement investigation and Hughes’s arrest. According to the government’s evidence, Hughes also had sexually abused the victim and two other female subordinate employees by hitting them on the buttocks with various items, including cooking utensils, while they worked.
In announcing the sentence, U.S. Attorney Machen commended the work of detectives from the Metropolitan Police Department’s Sexual Assault Unit and Mobile Crime Division, and law enforcement officers with the U.S. Department of Homeland Security. He also praised the efforts of those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Melissa Milam; Victim/Witness Security Specialists Katina Adams-Washington and David Foster; Paralegal Specialists Jason Manuel and Joyce Arthur; Joshua Ellen, Joseph Calvarese, Kimberly Smith, and the Litigation Services team, and Assistant U.S. Attorneys Amy Zubrensky, who investigated and tried the case, and Rebekah Holman, who co-tried the case.
14-225Former HUD Employee Pleads Guilty to Federal Charge in Theft of $843,000 of Government MoneyDefendant Sold HUD Properties, Kept A Portion of the Proceeds for HimselfRead the Press Release
WASHINGTON – Brian E. Thompson, 53, a former loan guarantee specialist for the U.S. Department of Housing and Urban Development, pled guilty today to a charge stemming from a scheme in which he stole $843,000 of government money.
The plea was announced by U.S. Attorney Ronald C. Machen Jr., Gary R. Barksdale, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, and Cary A. Rubenstein, Special Agent in Charge of the Mid-Atlantic Region of the Office of the Inspector General of the U.S. Department of Housing and Urban Development (HUD-OIG).
Thompson, of Washington, D.C., pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud. The Honorable Senior Judge Paul L. Friedman scheduled sentencing for Jan. 7, 2015. The charge carries a statutory maximum of 20 years in prison and potential financial penalties. Under federal sentencing guidelines, the parties have agreed that Thompson faces a likely range of 33 to 41 months in prison and a fine of up to $75,000. The plea agreement calls for Thompson to pay $843,000 in restitution to the federal government. He also is subject to a forfeiture money judgment in the amount of $645,700.
According to a statement of offense, signed by the defendant as well as the government, Thompson carried out his scheme from May 2013 until March 2014, while he was working for HUD’s Office of Loan Guarantee for Native American programs. This Office handles the reselling of properties that have been acquired by HUD after borrowers defaulted on their HUD-guaranteed mortgages. Thompson was a loan guarantee specialist. His duties included selling these HUD real estate owned properties for the best possible price in order to reimburse the government for the payments made to the mortgage lender for the insured loan. He advised supervisors of the progress of reselling properties, and he also coordinated with the title and escrow agents at settlements.
From June 2013 until March 2014, Thompson sold parcels of such real estate properties on behalf of HUD. For five of those parcels, he made materially false misrepresentations to third parties and diverted $843,000 of the sales proceeds to bank accounts under his control. In order to conceal these thefts from HUD, Thompson used and submitted fictitious settlement statements that falsely listed the buyer, and/or the contract sales prices, and/or the seller proceeds.
“Brian Thompson exploited his government job to rob the American taxpayer of more than $800,000,” said U.S. Attorney Machen. “This crooked HUD employee diverted the proceeds of real estate sales from the U.S. Treasury to his own pockets through lies and trickery. He now faces serious prison time as a result of criminal breach of the public trust.”
“Postal Inspectors are proud to join with our federal law enforcement partners at HUD-OIG to bring this case to a successful resolution,” said Inspector in Charge Barksdale. “By joining forces, we are able to bring justice to those who would misuse the U.S. mail in order to defraud the US government.”
“The United States Department of Housing and Urban Development, Office of the Inspector General is tasked with investigating allegations of waste, fraud, and abuse in HUD-sponsored programs,” said Special Agent in Charge Rubenstein. “When we learn of HUD employees who engage in fraud, and in this instance elect to enrich themselves at the expense of a HUD program designed to ensure that Native Americans are provided the American dream of home ownership, we vigorously investigate these allegations in order to bring the employees to justice and remove them from current and future employment with HUD and the Federal Government. We wish to thank our law enforcement partners at the U.S. Postal Inspection Service and United States Attorney’s Office for their steadfast efforts, hard work and dedication. This was a truly collaborative effort that led to the guilty plea earlier today.”
In announcing the plea, U.S. Attorney Machen, Inspector in Charge Barksdale, and Special Agent in Charge Rubenstein commended the work of those who investigated the case from the U.S. Postal Inspection Service and HUD’s Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kristy Penny, the Asset Forfeiture Section’s staff, and Assistant U.S. Attorneys Diane Lucas and Virginia Cheatham.
14-223Foreign Subsidiary of Texas Oil Firm Pleads Guilty to Illegally Exporting Drilling Equipment to SyriaRead the Press Release
WASHINGTON – Robbins & Myers Belgium, S.A., a wholly-owned subsidiary of Robbins & Myers, Inc., pled guilty today to four counts of violating the International Emergency Economic Powers Act and the Export Administration Regulations.
The plea was announced by John P. Carlin, Assistant Attorney General for National Security, Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, and Eric L. Hirschhorn, U.S. Department of Commerce Under Secretary for Industry and Security.
The guilty plea stemmed from actions by Robbins & Myers Belgium that, in 2006, caused four illegal exports, reexports and/or transshipments of stators—important components of oil extraction equipment—that had been made from steel that had been milled in the United States to a customer operating oil fields in Syria.
As part of its plea agreement Robbins & Myers Belgium agreed to pay a total of $1 million in criminal fines ($250,000 for each violation) and to serve a term of corporate probation. The gross proceeds received by Robbins & Myers Belgium for these four illegal exports was $31,716. As part of its plea agreement, Robbins & Myers Belgium has forfeited the entire $31,716 to the government. Robbins & Myers Belgium has also entered into a civil settlement with the Department of Commerce requiring the company to pay $600,000 in civil penalties.
Robbins & Myers Belgium entered the guilty plea this afternoon and was sentenced this afternoon in accordance with the terms of the plea agreement by the Honorable Judge Beryl A. Howell in U.S. District Court for the District of Columbia.
“This case shows that the United States will vigorously enforce its export laws against companies doing business with Syria, a state-sponsor of terrorism and home to one of the most brutal regimes on earth,” said U.S. Attorney Machen. “The Department of Justice will hit companies that do business with Syria where it hurts most: the bottom line. This company will pay fines, penalties, and forfeitures more than 50 times greater than the proceeds of its sales.”
“The significant civil and criminal penalties in this case show our resolve to pursue and prosecute those who flout our export control laws,” said Under Secretary of Commerce Hirschhorn. “We will continue to work in concert with our partner agencies to ensure that U.S. technology stays out of the wrong hands.”
According to court documents, in or about May 2006 an internal auditor with Robbins & Myers, Inc. (the U.S. parent company of Robbins & Myers Belgium which was acquired by National Oilwell Varco in 2013) discovered that the company’s Belgian subsidiary had shipped stators made from U.S.-origin steel to a customer in Syria. The internal auditor informed senior management at Robbins & Myers, Inc., of the shipments; management then confirmed that those shipments had occurred and that they were likely in violation of U.S. law which prohibited trade in U.S.-origin goods with Syria. Although the U.S.-based parent directed Robbins & Myers Belgium to stop such shipments, the subsidiary continued to make shipments of stators to Syria between August 2006 and October 2006. Following those illegal shipments, employees of the Belgian subsidiary attempted to hide documents related to those shipments from the government’s investigators.
In announcing the guilty plea and sentencing, U.S. Attorney Machen and Under Secretary Hirschhorn commended Special Agents Richard Jereski and Joseph Bankins, who worked under the direction of Special Agent in Charge Nasir Khan, as well as Attorney Advisor R. Elizabeth Abraham of the Department of Commerce's Bureau of Industry and Security. They also thanked Special Assistant U.S. Attorney John W. Borchert and the Counterespionage Section of the Justice Department's National Security Division for their roles in prosecuting this matter.
14-224Virginia Man Sentenced to 12 Years in Prison for Sexual Assault in Southeast Washington-Defendant Laughed as EMTs Carried Unconscious Victim Out of Apartment-Read the Press Release
WASHINGTON – Jose Santos, Jr., 24, of Falls Church, Va., was sentenced today to 12 years in prison on charges stemming from a sexual assault of a woman in June of 2013, U.S. Attorney Ronald C. Machen Jr. announced.
Santos was found guilty by a jury in March 2014, in the Superior Court of the District of Columbia, of first-degree sexual abuse with aggravating circumstances. He was sentenced by the Honorable Rhonda Reid Winston. Following his prison term, Santos will be placed on five years of supervised release. He also must register as a sex offender for the rest of his life.
According to the government’s evidence, Santos and the victim met during the week of the attack and had gotten together twice. On June 27, 2013, they agreed to get together a third time, and they socialized at an apartment in Southeast Washington with friends. In the midst of a consensual sexual encounter between Santos and the victim, Santos forcefully, and without the victim’s consent, grew violent and sexually assaulted her.
The victim’s injuries required several immediate surgeries, and she nearly died from having lost so much blood due to internal trauma. After the assault, Santos was seen bragging about what he had done by the emergency medical personnel who responded to the scene.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit. He also praised those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson, Paralegal Specialists D’Yvonne Key and Jason Manuel, and Litigation Technology Specialist Kimberly Smith. Finally, he commended the efforts of Assistant U.S. Attorneys Mervin A. Bourne, Jr., and Jeff Cook, who prosecuted the case at trial.
14-222Virginia Man Sentenced to 11 Years in Prison for Traveling to Engage in Illicit Sexual Conduct with A Minor and Possession of Child PornographyRead the Press Release
WASHINGTON – Chad Pyles, 23, of Arlington, Va., was sentenced today to 11 years in prison on federal charges of traveling interstate to engage in illicit sexual conduct with a minor and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Andrew G. McCabe, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Pyles pled guilty in February 2014 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Richard J. Leon. Upon completion of his prison term, Pyles will be placed on 25 years of supervised release.
According to the government's evidence, on Aug. 7, 2013, Pyles contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site. Over the next few days, Pyles engaged in e-mail and text message conversations with the undercover officer, whom he believed was the father of an under-aged girl. Pyles arranged with the undercover officer to meet for the purpose of engaging in sexual acts with that child.
During their communications, Pyles also sent the undercover officer five images of child pornography. On Sept. 10, 2013, Pyles traveled from Virginia to a pre-arranged meeting place in Washington, D.C. When he arrived at the meeting place, he was arrested. Pursuant to a search of Pyles’s computer, law enforcement recovered several videos of child pornography.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge McCabe, and Chief Lanier praised the work of the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force. They also commended the efforts of Assistant U.S. Attorney Ari Redbord, who prosecuted the case.
14-220Omar Gonzalez Indicted on Federal and Local Charges for Entering White House Grounds with A WeaponCharges Follow Sept. 19, 2014 IncidentRead the Press Release
WASHINGTON – Omar Gonzalez, 42, formerly of Copperas Cove, Texas, was indicted by a federal grand jury today on charges stemming from an incident on Sept. 19, 2014, in which he climbed a fence and ran toward and into the White House while armed with a folding knife.
The indictment was announced by U.S. Attorney Ronald C. Machen Jr. and Kathy A. Michalko, Special Agent in Charge of the Washington Field Office, U.S. Secret Service.
The grand jury in the District of Columbia returned a three-count indictment against Gonzalez, who has been in custody since his arrest on Sept. 19, 2014. Following his arrest, Gonzalez was charged with unlawfully entering a restricted building or grounds, while carrying a deadly or dangerous weapon. The grand jury today indicted him for that federal offense, as well as two additional charges alleging violations of District of Columbia law: carrying a dangerous weapon outside a home or place of business, and unlawful possession of ammunition.
The federal charge carries a statutory maximum of 10 years in prison. The D.C. charge of carrying a dangerous weapon carries a statutory maximum of five years in prison, and the charge of unlawful possession of ammunition carries a potential maximum of a year of incarceration.
According to the government’s evidence, on Sept. 19, 2014, at about 7:19 p.m., Gonzalez climbed over the north fence of the White House. An officer with the U.S. Secret Service ran toward him and yelled at him to stop. Gonzalez, however, ran toward the White House. Moments later, he went through the north doors and entered the building. He was apprehended inside the White House. Gonzalez was searched and a black folding knife was discovered in his right front pants pocket. The knife had a serrated blade that was three and one-half inches long.
After Gonzalez’s arrest, he gave oral consent to search his vehicle, which was located on Constitution Avenue NW. The vehicle contained hundreds of rounds of ammunition, both in boxes and in magazines, two hatchets, and a machete.
Gonzalez is scheduled to appear on Oct. 1, 2014, before Magistrate Judge Deborah A. Robinson in the U.S. District Court for the District of Columbia.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
This case is being investigated by the U.S. Secret Service. It is being prosecuted by Assistant U.S. Attorneys David Mudd and Thomas A. Gillice, of the National Security Section of the U.S. Attorney’s Office for the District of Columbia.
14-221Two 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.
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