District of Columbia
Press releases recorded for this federal judicial district.
Two Men Indicted in Multi-Million Dollar Mortgage Fraud SchemeDefendants Allegedly Part of Larger Fraud Against Banks and Lenders Using Washington, D.C.-Area Real EstateRead the Press Release
WASHINGTON –Edward Dacy, 76, of West Melbourne, Fla., and A. Conrad Austin, 49, of Bowie, Md., have been indicted on conspiracy, bank fraud, and other federal charges stemming from a multi-million dollar mortgage fraud scheme in which they are accused of assisting their co-conspirators to defraud banks and mortgage lenders through the purchase of residential real estate in the District of Columbia and Maryland.
The indictment, unsealed today in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Ronald C. Machen Jr.; Michael P. Tompkins, Special Agent in Charge, Washington Field Office, Department of Justice Office of the Inspector General; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Kathy A. Michalko, Special Agent in Charge, Washington Field Office, U.S. Secret Service; Cary Rubenstein, Special Agent in Charge, Mid-Atlantic Region, Office of the Inspector General of the U.S. Department of Housing and Urban Development (HUD); John Roth, Inspector General of the Department of Homeland Security (DHS), and Michael P. Stephens, Acting Inspector General for the Federal Housing Finance Agency Office of Inspector General.
Dacy and Austin, who were arrested today, were named in a 19-count indictment charging them with conspiracy, bank fraud, wire fraud, and mail fraud. Dacy is charged with all 19 counts; Austin is charged with conspiracy, one of the five bank fraud counts, all of the nine wire fraud counts, and two of the four mail fraud counts. The indictment also includes forfeiture allegations seeking all proceeds that can be traced to the scheme.
The government also announces the following seven guilty pleas, all of which occurred before the Honorable Reggie B. Walton in the U.S. District Court for the District of Columbia:
Frank Davis, Jr., 49, of Washington, D.C., pled guilty on April 30, 2014 to conspiracy to commit bank fraud. The plea carries a potential sentencing guideline term of imprisonment of 51 to 63 months, $2,296,463 in restitution, supervised release, fines and forfeiture.
Lonnie Johnson, 47, of Greensboro, N.C., pled guilty on May 2, 2013 to conspiracy to commit bank fraud. The plea carries a potential sentencing guideline term of imprisonment of 18 to 24 months, $375,000 in restitution, supervised release, and fines.
Cheryl E. Morrison, 54, of West Melbourne, Fla., pled guilty on Sept. 25, 2013, to conspiracy to commit mail fraud. The plea carries a potential sentencing guideline term of imprisonment of 10 to 16 months, $42,600 in restitution, supervised release, fines and forfeiture.
Pauline Pilate, 50, of Washington, D.C., pled guilty on July 3, 2014 to conspiracy to commit bank fraud. The plea carries a potential sentencing guideline term of imprisonment of 18 to 37 months, at least $341,070 in restitution, supervised release, fines and forfeiture.
Frederick Robinson, Sr., 52, of Montgomery, Ala., pled guilty on April 23, 2014, to conspiracy to commit bank fraud. The plea carries a potential sentencing guideline term of imprisonment of 37 to 46 months, $971,900 in restitution, supervised release, fines and forfeiture.
Howard Tutman, III, 54, of Woodstock, Md., pled guilty on July 2, 2014 to conspiracy to commit bank fraud. The plea carries a potential sentencing guideline term of imprisonment of 24 to 37 months, $606,414 in restitution, supervised release, fines and forfeiture.
Anthony Young, 47, of Clinton, Md., pled guilty on Jan. 30, 2013 to conspiracy to commit bank fraud. The plea carries a potential sentencing guideline term of imprisonment of 27 to 33 months, $378,118 in restitution, supervised release, and fines.
According to the indictment, Dacy and Austin defrauded banks, mortgage lenders, and the Federal Housing Administration, “FHA,” (part of U.S. Department of Housing and Urban Development) of money by assisting others to obtain mortgage loans on residential real estate properties through false loan applications and documents and fraudulent settlements, ultimately causing a loss to the banks, lenders, and FHA when mortgages were not paid.
The indictment states that co-conspirators Frank Davis, Jr., and Frederick Robinson, Sr. purchased properties in the names of general partnerships; Davis and Robinson would then recruit individuals to re-purchase these same properties for higher amounts, funded by fraudulently obtained mortgage loans, by promising the buyers that they would not be required to: make financial contributions toward the purchase of the properties; pay the monthly mortgage payments or expenses; or maintain the properties. The straw buyers were used to purchase a number of properties; the indictment lists 15 transactions seeking or obtaining in excess of $4.3 million in mortgage loans.
Furthermore, according to the indictment, Austin is a Certified Public Accountant (“CPA”) licensed in the State of Maryland. CPAs are licensed by an authorizing state or District of Columbia agencies, and may prepare tax returns and other financial documents. CPAs are required periodically to attest that they had received continuing ethical training to maintain their CPA license. Mortgage lenders often give deference to documents prepared by CPAs based on the stringent standards required of CPAs to provide accurate analysis supported by detailed documentation. In order to obtain mortgage loans in the names of some of the straw buyers, Robinson recruited Austin to create false CPA letters, inflated tax returns, and unjustified financial statements.
The indictment further alleges that Dacy was an agent for a settlement company, which would receive the funding from the mortgage lender and the buyer’s cash contribution and would be under the obligation to disburse the money only if all of the mortgage lender’s conditions were met and the buyer’s financial contribution collected. Only then would the settlement company be authorized to release the lender’s money, and pay the costs of the closing, the debts of the property or seller, and any other authorized expenses as set forth on the Settlement Statement. According to the indictment, Dacy handled the straw buyers’ settlement of the properties, with knowledge that the straw buyers did not pay the cash contribution as required by the lenders.
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.
In announcing the charges, U.S. Attorney Machen, Special Agent in Charge Tompkins, Assistant Director in Charge Parlave, Special Agent in Charge Michalko, Special Agent in Charge Rubenstein, Inspector General Roth, and Acting Inspector General Stephens expressed appreciation for the work performed by Special Agents and analysts from the FBI, U.S. Secret Service, and the Offices of Inspector General of Department of Homeland Security, Department of Justice, Department of Housing and Urban Development, and Federal Housing Finance Agency. They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Corinne Kleinman, and Kristy Penny, Assistant U.S. Attorneys Anthony Saler and Arvind K. Lal, and Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the case.
14-170U.S. Attorney’s Office Says DNA Evidence Exonerates Man Convicted of 1982 Rape-Murder- Office Calls for Vacating Conviction on Grounds of Actual Innocence -Read the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia today joined in a motion to vacate the 1984 manslaughter conviction of Kevin Martin, based on the grounds of his actual innocence in the rape and murder of a woman in Southwest Washington.
Mr. Martin, now 50, pled guilty in March 1984 in the Superior Court of the District of Columbia to one count of manslaughter while armed in the Nov. 1, 1982 rape-murder of Ursula Brown. He also pled guilty at that time to two counts of armed robbery stemming from other incidents that took place a week later. Although Mr. Martin admitted in court to carrying out the latter armed robberies, he entered what is known as an Alford plea to the manslaughter charge. Under such a plea, the defendant does not admit the allegations, but agrees that the government has enough evidence to secure a conviction.
Mr. Martin was sentenced in July 1984 to a prison term of 15 years to life for manslaughter, and two consecutive terms of 10 years to life on the robbery charges, making his total sentence 35 years to life. He was paroled in 2009.
DNA testing has now led to Mr. Martin’s exoneration of the attack on Ms. Brown.
The U.S. Attorney’s Office joined Mr. Martin today in asking the Court to vacate his manslaughter conviction and issue a certificate of actual innocence for that conviction. The Honorable Robert I. Richter granted the motion at a hearing today.
“Thirty years ago, Kevin Martin was unjustly branded a rapist and murderer,” said U.S. Attorney Machen. “Although Mr. Martin had been justly convicted of a series of armed robberies, the system failed us all when he was wrongfully convicted of a brutal rape and murder and, as a result, spent far too long in prison. DNA analysis has now provided evidence that a serial rapist – not Mr. Martin – committed this outrageous attack. Mr. Martin has steadfastly declared his innocence for three decades, and today we joined him in asking the court to clear his name. This exoneration reinforces the importance of the task force we created in early 2010 to pore through old records to identify wrongful convictions. We continue to urge defense lawyers to come forward with any information about wrongful convictions where DNA testing or other evidence could remedy a wrong that was committed in the past. It is never too late to do justice.”
Ms. Brown, 19, was raped and murdered Nov. 1, 1982. According to the government’s evidence, early that morning, Ms. Brown was driving along Route 295 when her car was intentionally bumped from behind by a black Toyota. When she got out and confronted the driver, she was abducted and taken to the 4300 block of Martin Luther King Avenue SW. She was raped during this incident. When she attempted to escape from her attacker, Ms. Brown was shot in the head and stabbed with a serrated knife along her belly, neck, and arms. Her body was discarded by a dumpster near Chesapeake Street SE, next to an elementary school.
The murder was among a series of crimes committed in late October and November of 1982 in which motorists were bumped and then attacked after stopping their vehicles. A total of eight victims – seven women and one man – were robbed or assaulted in separate incidents between Oct. 31 and Nov. 8, 1982. Ms. Brown was the only victim to be murdered.
The Metropolitan Police Department (MPD) arrested three men in 1982 for taking part in one or more of the crimes. They included Mr. Martin, William Davidson, and Kevin Williams.
Mr. Martin spoke to the police after his arrest on Nov. 10, 1982, and admitted to being involved in three bump-and-rob incidents with Davidson, all on Nov. 8, 1982. The robbery charges stemmed from two of those attacks. He repeatedly denied killing Ms. Brown, however.
In the murder case, the government’s evidence against Mr. Martin included hair fragments removed from Ms. Brown’s shoes. The FBI Laboratory issued a report stating that the fragments exhibited the same microscopic characteristics as samples taken from Mr. Martin.
Davidson pled guilty in January 1984 to felony murder, rape, armed robbery and other charges. Consistent with the results of the hair analysis, Davidson claimed at his plea hearing that he acted as a look-out while Mr. Martin raped and killed Ms. Brown. Davidson is now serving a sentence of 65 years to life.
Williams pled guilty to one count of rape while armed for his role in the bump-and-run incidents with Davidson and an unrelated kidnaping charge; neither of the charges related to Ms. Brown’s murder. He was sentenced to 15 years to life for the crimes. He was paroled in 2004.
At Mr. Martin’s plea hearing, in March 1984, Mr. Martin’s lawyer said that Mr. Martin feared conviction of greater charges, citing the hair analysis. Mr. Martin stated, “I understand that I was wrong in committing the robberies, but I never took part in the murder.” Over the years, he continued to insist that he was innocent of the rape-murder.
In November 2001, Mr. Martin’s current defense counsel, Bernard Grimm, filed a motion seeking to withdraw the 1984 guilty plea and vacate the conviction. At the request of the government and the defense, the Metropolitan Police Department searched for the physical evidence without success. A hearing on Mr. Martin’s motion began in July 2006. Before its conclusion, the government and defense negotiated a resolution calling for Mr. Martin’s sentence to be reduced. Pursuant to that agreement, the Court re-sentenced Mr. Martin to a total of 20 to 60 years in prison. The re-sentencing made Mr. Martin immediately eligible for parole. The U.S. Parole Commission, however, did not parole Mr. Martin until September 2009.
Following the 2009 exoneration of another man convicted of a rape and murder, the U.S. Attorney’s Office for the District of Columbia began a review of older cases in which the FBI had made a positive hair or fiber association. This led to a re-examination of Mr. Martin’s case, and, in November 2013, the U.S. Attorney’s Office again attempted to locate the evidence.
By this time, MPD had performed a comprehensive inventory of all evidence in its possession as part of a transition to a new property warehouse. The hair sample still could not be located. However, through this search, in January 2014, the U.S. Attorney’s Office located semen-positive swabs taken from Ms. Brown’s body.
The office subsequently contacted Mr. Grimm and the Mid-Atlantic Innocence Project to determine if Mr. Martin wanted DNA testing performed. Upon learning that Mr. Martin was interested in DNA testing, the office obtained DNA samples from Mr. Martin as well as Davidson. The DNA testing took place in March and April 2014. The evidence excluded Mr. Martin, but matched the sample provided by Davidson.
DNA testing was not available to the prosecution or defense in 1982. The results now establish that Davidson, not Martin, raped Ms. Brown. The results also undermine Davidson’s claim that he acted as only a look-out at the time of the murder. There is no other credible evidence connecting Mr. Martin to the murder.
This is the first time that a U.S. Attorney’s Office has also resolved all civil claims against the United States simultaneously with a request for a certificate of actual innocence.
14-168Former Social Security Administration Employee Sentenced to 18 Months in Prison for Taking Bribes in Return for Giving People Increased Benefits-Admits Accepting Total of $54,662 from 13 People-Read the Press Release
WASHINGTON – Christopher Payton, a former specialist for the Social Security Administration in Washington, D.C., was sentenced today to 18 months in prison for soliciting more than $50,000 in bribes from Social Security recipients in return for providing them with extra, unauthorized benefits.
The sentence was announced by U.S. Attorney Ronald C. Machen Jr. and Michael McGill, Special Agent in Charge of the Philadelphia Field Division of the Social Security Administration’s Office of the Inspector General.
Payton, 46, of Mount Rainier, Md., pled guilty in April 2014, in the U.S. District Court for the District of Columbia, to one count of bribery. He was sentenced by the Honorable Senior Judge Gladys Kessler. Following his prison term, Payton will be placed on three years of supervised release. He also must pay $54,662 in restitution to the Social Security Administration.
According to a statement of offense, signed by the defendant and the government, Payton was a Social Insurance Specialist for the Social Security Administration’s Anacostia Office in Southeast Washington. His duties included conducting interviews regarding eligibility for benefits, authorizing or disallowing entitlement, and reviewing and authorizing Supplemental Security Income. He had computerized access to the agency’s database.
Between January and May of 2013, Payton met with 13 people as part of his responsibilities at the agency. Upon meeting these individuals, Payton told them, in substance, that if they gave him a tip, he would take care of them. After they agreed to his solicitation, Payton caused retroactive Supplemental Security Income benefits to go into the individuals’ bank accounts. These retroactive payments were not properly authorized, and Payton knew that the people receiving them were not entitled to the extra income.
After the individuals began seeing increased retroactive benefits in their bank accounts, they met with Payton throughout the Anacostia neighborhood and gave him payments. All told, Payton received $54,662 in cash payments from the individuals for his actions.
Payton’s activities came to light after someone reported his suspicious conduct. In addition, authorities received information through a fraud hotline operated by the Social Security Administration’s Office of the Inspector General. The public can report allegations of waste, fraud, and abuse online at http://oig.ssa.gov/report or by phone at 1-800-269-0271.
In announcing the sentence, U.S. Attorney Machen and Special Agent in Charge McGill praised the work of those who investigated the case from the Social Security Administration’s Office of the Inspector General. They also acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Krishawn Graham, and Angela Lawrence; Investigative Analyst Sharon Johnson, Intern Dan Chin, and former Paralegal Specialist Shanna Hays. They expressed appreciation for the assistance provided by Trial Attorney Edward P. Sullivan of the Department of Justice’s Public Integrity Section.
Finally, they commended the work of Assistant U.S. Attorney Philip A. Selden, who prosecuted the case, and Assistant U.S. Attorney Diane Lucas, who assisted with forfeiture issues.
14-167Maryland Man Sentenced to 10 Years in Prison for Series of Burglaries at University Dormitory-Took Laptops, Other Items in January 2013 at George Washington University-Read the Press Release
WASHINGTON - James Dunmore, 40, of Hyattsville, Md., was sentenced today to 10 years in prison on charges stemming from a series of burglaries he committed last year at George Washington University, U.S. Attorney Ronald C. Machen Jr. announced.
Dunmore pled guilty in July 2013 in the Superior Court of the District of Columbia to a total of 12 charges, including first-degree burglary, second-degree burglary, second-degree theft, and unlawful entry. He was sentenced by the Honorable Robert I. Richter. Upon completion of his prison term, Dunmore will be placed on a period of supervised release.
According to a proffer of evidence, signed by the defendant as well as the government, Dunmore entered a total of five apartments in January 2013 in the Ivory Tower Dormitory at George Washington University in Northwest Washington. Over two separate days, he took various electronic items, including laptops, and other property belonging to nine students.
The series of crimes began on Jan. 25, 2013. That day, Dunmore entered the residence hall and went into a student’s apartment while the student was in the shower. He took a laptop and the student’s wallet, which contained the student’s G-World card, a student ID card that can be used to electronically gain entry to the university’s buildings.
Then, on Jan. 28, 2013, Dunmore entered four more apartments in the same building. He got into the residence hall at about 1:30 p.m. by following another student into the building. First, he went to the sixth floor, where he entered three separate apartments. He took a pillowcase, three laptops, a camera, and an iPod from one apartment. In another, a student was asleep in bed when Dunmore entered the room and pretended to be looking for someone he knew; he took an iPod from that apartment. He went into a third apartment on the sixth floor, but left without taking anything after he saw someone there. Dunmore then went to the building’s third floor and entered yet another apartment, taking two laptops, a video game system, and a student’s suitcase, which he used to carry the items away.
One student became suspicious of Dunmore’s activities and alerted campus police, who stopped Dunmore on his way out of the building with the stolen items in his possession.
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In announcing the sentence, U.S. Attorney Machen expressed his appreciation to the Metropolitan Police Department and the George Washington University Police Department. He also acknowledged the efforts of Paralegal Specialists Allison Gregory Daniels and Victim/Witness Advocates Kristina Rose and Katina Adams-Washington, as well as former Intern Julie Herward. Finally, he commended the work of Assistant U.S. Attorney Scott Sroka, who investigated and indicted the case.Former MPD Officer Sentenced to 18 Years in Prison for Sexually Abusing 11-Year-Old Girl-Victim Came Forward Years Later-Read the Press Release
WASHINGTON - Wendel Palmer, 46, a former officer with the Metropolitan Police Department (MPD), was sentenced today to 18 years in prison for sexually abusing a child on numerous occasions between 2004 and 2006, U.S. Attorney Ronald C. Machen Jr. announced.
A jury in the Superior Court of the District of Columbia found Palmer guilty in November 2013 of three counts of first-degree child sexual abuse with aggravating circumstances, two counts of second-degree child sexual abuse with aggravating circumstances, and two counts of enticing a child with aggravating circumstances. He was sentenced by the Honorable J. Herbert B. Dixon, Jr. Upon completion of his prison term, Palmer will be placed on 10 years of supervised release. During that 10-year period, he must register as a sex offender.
According to the government’s evidence, at the time of the offenses, Palmer was an MPD officer who was also the youth choir director at the Bethuel Temple Church of Christ Apostolic, Inc., in the 2400 block of Martin Luther King Avenue SE. The defendant’s family founded and operated the church. The victim’s family belonged to the church, and the victim was a member of the choir. The abuse began when the victim was 10 or 11 years old, and occurred at the defendant’s home in Maryland, at the church during breaks in choir rehearsals, and at other locations in the District of Columbia and in Maryland. The victim was afraid to report the abuse while it was occurring, in part because the defendant was a police officer. The victim reported the abuse in 2012, after she turned 18.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives from the Metropolitan Police Department’s Youth Division and Mobile Crime Division. He also expressed appreciation for the work of Victim/Witness Advocate Tracey Hawkins, Paralegal Specialists Jason Manuel and Kristy Penny, and the Litigation Support Staff. Lastly, he acknowledged the efforts of Assistant U.S. Attorneys Amy Zubrensky, who investigated, indicted and tried the case, and Sarah McClellan, who also investigated the case.
14-165District Man Sentenced to Eight Years in Prison for Beating and Robbing A Man in Early Evening Attack-Defendant Stole Victim’s IPhone, Wallet and Keys-Read the Press Release
WASHINGTON – Marvin Jefferson, 25, of Washington, D.C., was sentenced today to an eight-year prison term on charges of aggravated assault while armed, armed robbery, and related firearms offenses for attacking a man in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Jefferson was found guilty by a jury in April 2014, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Michael Ryan. Upon completion of his prison term, Jefferson will be placed on five years of supervised release.
According to the government’s evidence, in the early evening hours of Oct. 28, 2013, Jefferson attacked a man he had just encountered at a liquor store in the 1300 block of North Capitol Street NE. The victim, a 24-year-old engineering graduate of Howard University, had stopped at the store to get a beer. Jefferson, also inside the store, tried to take the victim’s iPhone. The victim put his iPhone in his jacket pocket, paid for his beer, and left the store.
Jefferson, however, followed the victim to the street. He tried to reach into the victim’s jacket to get the iPhone, and when the victim turned around, Jefferson began striking him. Jefferson hit the victim in the forehead with what appeared to be a gun, causing lacerations. Then, while the victim was in a disoriented and semi-conscious state, Jefferson robbed him of his phone, wallet and keys. The victim lost consciousness and dropped to the ground, chipping his tooth. Once he regained consciousness, he flagged down two police officers. A few days after the attack, he was able to identify Jefferson as his attacker.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Services Coordinator La June Thames; Victim/Witness Advocate Jennifer Clark; Paralegal Specialist Donville Drummond, and Assistant U.S. Attorney John Mannarino. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Clayton O’Connor, who secured the indictment, and John P. Fucetola, who prosecuted the case.
14-164District Man Sentenced to 21-Year Prison Term for Series of Attacks Against Young WomenIncidents Took Place over Four-Week Period in Northeast WashingtonRead the Press Release
WASHINGTON - Gerald Canty, 21, of Washington, D.C., was sentenced today to 21 years in prison for sexually assaulting an 18-year-old woman and attempting to kidnap three additional young women in a series of incidents that took place earlier this year in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Canty pled guilty on May 16, 2014, in the Superior Court of the District of Columbia, to one count of first-degree sexual abuse, one count of attempted kidnapping while armed, and two counts of attempted kidnapping. He was sentenced by the Honorable Jennifer Anderson. Upon completion of his prison term, Canty will be placed on supervised release for the rest of his life. He also must register as a sex offender for the rest of his life and stay away from minors.
According to the government’s evidence, on March 1, 2014, at about 10:40 a.m., the 18-year-old woman was walking on the footbridge from the Minnesota Avenue Metro station when Canty approached her from behind. Canty told her that he had a gun and forced her to walk several blocks with him to an isolated field. When they got there, he sexually assaulted her. After the assault, she immediately went home and told her mother what happened. She reported the assault to the Metropolitan Police Department (MPD), and was taken to a local hospital, where she received a sexual assault exam.
On March 5, 2014, at about 11:30 a.m., another victim - a 25-year-old woman - was walking in the area of 44th and Hayes Streets NE, about half a mile from the Metro station, when Canty approached her. He had his hand in his pocket to simulate that he had a gun. He bumped into her, grabbed her arm, and stated, “Where’s the money at?” He then forced her to walk with him while demanding money. The victim saw what she believed to be the handle of a handgun in the defendant’s pocket. Canty forcibly led her towards an alley behind a residence in the next block. She managed to break away and yell for help. An unidentified bystander came to her aid, and Canty fled on foot. The victim reported the assault to MPD immediately.
On March 7, 2014, at about 7:05 a.m., a third victim – a 17-year-old - was walking on the footbridge from the Minnesota Avenue Metro station, toward her school. Canty walked up beside her with his hand in his pocket to simulate that he had a gun, and stated, “I real life have a gun in my pocket and I’ll shoot you. Just keep walking straight. Don’t draw any attention to yourself. Don’t do anything crazy.” He forced her to walk with him a short distance. She saw an acquaintance and then stopped walking with Canty, who fled on foot. She then reported the assault to her school principal, and later to MPD.
All three victims provided MPD detectives with descriptions of the assailant. On March 13, 2014, the Minnesota Avenue Metro station manager contacted Metro Transit Police to report that an individual matching the descriptions had been seen on the footbridge of the Minnesota Avenue Metro station. Metro Transit and MPD officers stopped the defendant. Detectives with MPD’s Sexual Assault Unit responded and spoke to Canty. He subsequently admitted to sexually assaulting the 18-year-old and attempting to kidnap the 25-year-old and 17-year-old victims. The sexual assault kit from the 18-year-old’s examination was later tested, and showed that a single male DNA profile was found that matched Canty’s DNA profile.
After Canty was charged in the above crimes, MPD detectives linked an additional case to him. In that offense, on Feb. 17, 2014, at approximately 5:45 p.m., a 19-year-old woman was walking through a cut near 51st Street NE when Canty approached her from behind. He stated that he had a gun in his pocket, and threatened to shoot her if she yelled or screamed. Canty told her to keep walking, which she did. She saw an acquaintance walk into a house, and ran to follow that person inside. She told the occupants what had just occurred. Several occupants went outside, but Canty was gone. This victim later identified the defendant as her attacker.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives from the Metropolitan Police Department=s Sexual Assault Unit, Youth Investigations Division, Sixth District, and Mobile Crime Division. He also acknowledged the work of the District of Columbia Department of Forensic Sciences, Metro Transit Police, and Washington Metro Area Transit Authority. 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.
14-162District Man Found Guilty of First-Degree Murder While Armed in 2012 Shooting in Southeast Washington-Defendant Shot Victim After Arguing with Him Earlier on Street-Read the Press Release
WASHINGTON – David Shepherd, 50, of Washington, D.C., was found guilty by a jury today of first-degree murder while armed in the June 2012 killing of a man in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
The verdict followed a trial in the Superior Court of the District of Columbia. The jury also found Shepherd guilty of charges of fleeing police, destruction of property, and related firearms offenses. The Honorable Russell F. Canan scheduled sentencing for Oct. 3, 2014.
According to the government’s evidence, in the early morning hours of June 3, 2012, Shepherd and the victim, Henry Miller, 32, encountered one another while at a house in the 1100 block of Chicago Street SE. Shepherd was outside and in a conversation with mutual friends of the two men when Mr. Miller approached and said “Excuse me,” to Shepherd and tried to reach for a cigarette inside the friends’ vehicle. Shepherd responded aggressively and began swearing and raising his voice. A verbal argument ensued, in which Shepherd threatened Mr. Miller. Others stepped in to defuse the situation, and the argument ended when Shepherd indicated he was leaving and walked toward his nearby truck.
Shepherd, however, then returned to the scene, walked up to Mr. Miller, within arm’s reach, and shot him in the face with a revolver. He then got into his truck and fled the scene.
The Metropolitan Police Department (MPD) quickly responded to the shooting and got a description of Shepherd and his truck. Officers in the area observed him driving and attempted to make a traffic stop, but Shepherd then engaged the police in a high-speed chase throughout the city, plowing through a gate a Gallaudet University, and then crashed his truck on Brentwood Parkway NE. MPD officers then apprehended Shepherd and recovered the murder weapon in his vehicle.
In announcing the verdict, 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 District of Columbia Department of Forensic Sciences. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kwasi Fields and Kendra Johnson; former Paralegal Specialist Marian Russell; Information Technology Specialist Jeanie Latimore Brown; and Interns Megan Benevento and Kimberly Knipe. Finally, he praised the work of Assistant U.S. Attorney Lara Worm, who prosecuted the case.
14-166U.S. Attorney’s Office Concludes Investigation into the Death of Miriam CareyNo Charges to Be Filed in Shooting Near U.S. CapitolRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or local charges against officers from the U.S. Secret Service and U.S. Capitol Police who were involved in the fatal shooting of Miriam Carey on Oct. 3, 2013, just blocks from the U.S. Capitol.
Officials from the U.S. Attorney’s Office for the District of Columbia notified Ms. Carey’s family and their representatives of this decision today.
The U.S. Attorney’s Office for the District of Columbia and the Metropolitan Police Department conducted a comprehensive review of the incident, which included interviews of more than 60 witnesses and careful review of all crime scene evidence, ballistics reports, scene and traffic video footage, photographs, the autopsy report, and other evidence. After a thorough review of all the evidence, the U.S. Attorney’s Office concluded that the evidence was insufficient to prove beyond a reasonable doubt that the officers who were involved in the shooting used excessive force or possessed the requisite criminal intent at the time of the events.
The investigation covered a chain of events that took place on Thursday, Oct. 3, 2013, between 2:13 p.m. and 2:20 p.m., a time span of just seven minutes. During that period, Ms. Carey confronted officers at three locations – one at the White House and two near the Capitol.
At 2:13 p.m., Ms. Carey, 34, of Stamford, Conn., drove into a well-marked, restricted White House checkpoint at 15th and E Streets NW, without authorization and without stopping. After seeing Ms. Carey refuse to stop at the direction of two uniformed Secret Service officers, an off-duty U.S. Secret Service officer placed a metal bike rack in her path to block Ms. Carey’s exit. Ms. Carey then struck the bike rack, and the off-duty Secret Service officer who was standing behind it, knocking both the bike rack and the officer onto the ground. The incident at the White House checkpoint lasted about 30 seconds.
Ms. Carey then drove down Pennsylvania Avenue at speeds estimated at 40-80 mph, while weaving through traffic, and ignoring red lights.
Four minutes after leaving the White House checkpoint, Ms. Carey arrived at Garfield Circle, one of two traffic circles in front of the U.S. Capitol. She drove into the circle going against the flow of traffic, almost hitting another vehicle head-on. Ms. Carey then turned her vehicle towards the permanently-affixed black barriers that block vehicular traffic on the pedestrian walkway that leads to the steps of the U.S. Capitol. The pursuing law enforcement officers blocked Ms. Carey’s exit from the left, right and rear of her vehicle, attempted to open her locked doors, and issued multiple commands for her to exit the vehicle. Ms. Carey then put her vehicle in reverse and rammed the marked cruiser that was positioned behind her vehicle.
After ramming the cruiser, Ms. Carey drove forward onto the sidewalk, forcing officers to run out of Ms. Carey’s path to avoid being struck by her vehicle. It was at this point, as Ms. Carey drove on the sidewalk between the wall that borders the U.S. Capitol lawn and the tree boxes on the sidewalk, that two U.S. Secret Service police officers and a U.S. Capitol Police officer fired eight rounds at Ms. Carey. Investigators do not believe that Ms. Carey was hit by any of these rounds. Ms. Carey then drove back around Garfield Circle, against the flow of traffic, and headed towards Constitution Avenue. The incident at Garfield Circle lasted approximately 35 seconds.
The U.S. Capitol, the U.S. Supreme Court, and other buildings within the Capitol square were put on lockdown in response to the “shots fired” report. With continued reckless and evasive driving, Ms. Carey traveled along the north side of the Capitol and headed towards the Senate and House office buildings. A U.S. Capitol Police officer who was responding to the scene in his cruiser slammed into one of the barriers that had just been raised in response to the lockdown order, causing what sounded like an explosion that was later reported by witnesses. The cruiser was totaled and the officer had to be airlifted to the hospital for treatment of his injuries.
Approximately one minute after the shooting at Garfield Circle, Ms. Carey arrived at the manned U.S. Capitol Police Truck Interdiction Point at 2nd Street and Maryland Avenue NE. With raised barriers blocking her path, Ms. Carey made a sharp left, drove up a curb, over the center median, and struck an unmarked Supreme Court police officer’s vehicle that had stopped in front of the Hart office building. After ignoring multiple commands given by officers who were running towards her vehicle with guns drawn, Ms. Carey revved her engine and then reversed her vehicle and drove directly at a U.S. Capitol Police officer who was approaching Ms. Carey’s vehicle from behind. As the U.S. Capitol Police officer ran towards the median to avoid being struck by Ms. Carey’s vehicle, he and another officer from the U.S. Secret Service (who also had fired shots at the Garfield Circle location) started firing. The two officers fired nine rounds each. Twenty seconds after Ms. Carey had arrived at the 2nd and Maryland location, her vehicle crashed into the kiosk and came to rest. Ms. Carey was unconscious at this time, and did not get out of the vehicle. No additional rounds were fired by officers after the crash.
After the shooting and after Ms. Carey’s vehicle crashed into the kiosk and came to rest, the officers on the scene discovered that there was a young child in the vehicle. They carried the child from the car. The child, who was not seriously injured, was taken to a hospital.
Medical personnel arrived on the scene and attempted to revive Ms. Carey. She was transported to a hospital, where she was pronounced dead. Ms. Carey sustained five gunshot wounds to her neck and torso area, one of which was fatal. She was not under the influence of illegal drugs or alcohol, and no weapon was recovered from inside her vehicle.
Under the applicable federal criminal civil rights laws, prosecutors must establish beyond a reasonable doubt not only that an officer’s use of force was excessive, but also that the officer willfully deprived an individual of a constitutional right. Proving “willfulness” is a heavy burden, and means that it must be proven that the officer acted with the deliberate and specific intent to do something the law forbids. Accident, mistake, fear, negligence and bad judgment do not establish such a criminal violation. After a careful, thorough and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that these officers used excessive force under the circumstances known to them at the time or that they acted with the requisite criminal intent. Accordingly, the investigation into this incident has been closed without prosecution.
The Justice Department remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are fully and completely investigated.
14-161Florida Man Pleads Guilty to Possession of Child PornographyRead the Press Release
WASHINGTON – David Mario Riley, 38, of Tampa, Fla., pled guilty today to a federal charge of possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).
Riley entered the guilty plea in the U.S. District Court for the District of Columbia. The Honorable Christopher R. Cooper is to sentence him on Oct. 1, 2014. Riley faces a maximum sentence of 20 years of imprisonment and a fine of $250,000.
According to the government's evidence, on Dec. 10, 2013, Riley 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, Riley engaged in e-mail and instant message conversations with the undercover officer about child pornography and a shared sexual interest in children. During their communications, Riley sent the undercover officer eight still images of child pornography.
Pursuant to a search of various electronic equipment in Riley’s hotel room in Crystal City, Va., law enforcement recovered about 14 videos and 40 still images of child pornography.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director Parlave 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.
14-160Three District Men Plead Guilty to Charges in 2013 Shooting That Left 13 People Wounded on North Capitol StreetShots Fired from Two Cars in Drive-By Shootings; Violence Followed Incident at NightclubRead the Press Release
WASHINGTON – Three men, all from Washington, D.C., pled guilty today to 16 felony charges stemming from their roles in a drive-by shooting on North Capitol Street early March 11, 2013, that injured a total of 13 people, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department.
Andrew D. Allen, 20, Keith D. Bobb, 22, and Arnell L. Smith, 21, pled guilty in the Superior Court of the District of Columbia to 13 counts of assault with intent to kill and one count each of conspiracy to commit a crime of violence, possession of a firearm during a crime of violence and tampering with physical evidence. Their plea agreements, which are contingent upon the Court’s approval, call for Allen to be sentenced to 25 years of incarceration and for Bobb and Smith each to be sentenced to 20 years in prison.
The Honorable John Ramsey Johnson scheduled sentencing for Oct. 10, 2014.
“Today three men confessed to their active participation in a caravan of carnage that resulted in 13 people being shot on a sidewalk outside an apartment building in Northwest D.C.,” said U.S. Attorney Machen. “It is a miracle that no one perished in this senseless drive-by attack on a crowd of innocent people. The young men who plotted and carried out this cowardly assault will now spend decades in prison for their heinous actions.”
“This was a brazen act, in which the defendants fired upon a crowd of people with no regard for who or how many people would be injured,” said Police Chief Lanier. “I applaud the MPD members who investigated and quickly made arrests in this case, so that these criminals will be held accountable.”
According to the government’s evidence, the violence stemmed from a longstanding conflict between rival groups. The defendants, who had ties to a Northeast Washington neighborhood, were engaged in disputes with a group of individuals associated with the Sursum Corda neighborhood near where the shootings occurred, and also with the area near 10th and G Streets NE. Over the years, various violent crimes between members of the two groups were committed. Specifically, soon before the shootings, a dispute took place at the Fur Nightclub.
Allen, Smith, and other individuals were among those at the nightclub late March 10, 2013 and early March 11, 2013, when the dispute took place. Afterward, Allen, Smith, and a third individual met with Bobb and, armed, they traveled in two cars to the Sursum Corda neighborhood in search of retaliation. A fifth individual, not responsible for the shootings, also was in one of the cars.
Shortly after 2 a.m., driving in caravan-style, one car behind the other, they traveled to the 1200 block of North Capitol Street NW, near the Tyler House Apartments, adjacent to the Sursum Corda neighborhood. Smith drove one car, Allen’s black 1999 Mercedes Benz, and Allen fired a Taurus 9 mm semi-automatic pistol, with an extended magazine, from the front passenger seat of the vehicle. Bobb drove the other car, a light blue 1999 Mercedes Benz, close behind Smith and Allen, and his passenger likewise opened fire, using a Glock 9 mm semi-automatic pistol, which also had an extended magazine.
After Allen began to shoot, some individuals, using .40-caliber semi-automatic firearms, shot back at the two cars. The defendants fled the area at a high rate of speed, turning right on H Street NW and running a red light. Red light cameras at the intersection of North Capitol and H Streets NW photographed the license tags of both cars.
On the afternoon of March 11, 2013, Allen grew concerned and agitated about televised news accounts of the shootings. The newscasts had footage from the crime scene in which Allen could recognize his car. He decided that he needed to “torch” his vehicle, which had been damaged by gunfire, because it could be identified by law enforcement. He and other defendants headed to the 3000 block of Stanton Road SE, where the vehicle was set on fire to devalue or destroy it as evidence. Following a series of 9-1-1 calls reporting the blaze, District of Columbia emergency personnel responded to the burning car. The remains of the car were seized by law enforcement, and evidence was recovered that later tied the vehicle to Allen’s family.
In the late afternoon of March 11, 2013, after the car had been destroyed, Allen, Bobb, and Smith resolved to get rid of the guns used in the shootings on North Capitol Street. The three received a ride to an apartment complex in Northeast, Washington, D.C. There, Allen and Bobb met with another individual and traded away the Taurus and Glock pistols used in the North Capitol Street shootings in return for two Ruger semi-automatic pistols.
The defendants have been in custody since their arrests in 2013.
In announcing the pleas, U.S. Attorney Machen and Chief Lanier commended the work of the detectives, mobile crime scene officers, intelligence officers, and others who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Christopher Brophy, Tommy Miller, Derek Starliper, Durand Odom, Steve Cohen, Melissa Matthews, Mark Crawford, John Marsh, Nelson Rhone, Juan Juarez, and Matthew Kutz, all of the Criminal Investigation Unit; Jelahn Stewart, Michael Hailey, Wanda Queen, Jennifer Clark, and James Brennan, all of the Victim Witness Assistance Unit; former Victim/Witness Advocate Kristina Rose, and Paralegal Specialist Debra Joyner. They also commended the work of Assistant U.S. Attorneys Kevin Flynn and Jocelyn Ballantine, and former Assistant U.S. Attorneys Thomas A. Bednar and James E. Smith, who assisted in the investigation.
Finally, they commended the work of Assistant U.S. Attorney Michael Brittin, who is prosecuting the case.
14-159District Man Sentenced to 10 Years in Prison for Shooting in Northeast Washington-Defendant’s Gunfire Hit Innocent Victim, Seriously Wounding Her-Read the Press Release
WASHINGTON – Gregory Harris, 24, of Washington, D.C., was sentenced today to a 10-year prison term on charges stemming from a shooting in Northeast Washington that seriously injured an innocent victim, U.S. Attorney Ronald C. Machen Jr. announced.
Harris pled guilty in April 2014, in the Superior Court of the District of Columbia, to charges of assault with intent to kill while armed and possession of a firearm during a crime of violence. He was sentenced by the Honorable Michael Ryan. Upon completion of his prison term, Harris will be placed on five years of supervised release.
According to the government’s evidence, the shooting followed a chain of events that began about 8 p.m. on May 24, 2013, outside a liquor store in the 1000 block of Bladensburg Road NE. When Harris arrived on the scene, he observed a friend of his involved in a physical altercation with another individual. While watching the fight, Harris saw a third person use a firearm to pistol-whip his friend in the head. He then ran down an adjacent alleyway, and, within a couple of minutes, he returned to Bladensburg Road.
By the time Harris returned to the street, the fight had stopped. The two men who had been fighting with his friend, and a woman who was not part of the altercation, were close to each other. They were heading south down Bladensburg Road, away from the scene of the fight, and no longer near Harris’s friend. Harris then used a firearm to shoot multiple bullets in the direction of the three people, aiming to hit the person who pistol-whipped his friend.
Instead, Harris shot the woman, hitting her in the neck and causing her to collapse on the street. As a result of getting shot in the neck, the victim has been mostly paralyzed below her neck, retaining only limited movement in her left arm.
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 for the U.S. Attorney’s Office, including Paralegal Specialist Kalisha Johnson-Clark, Victim/Witness Specialists Jennifer Clark and David Foster, and Assistant U.S. Attorney Clayton O'Connor, who prosecuted the matter.
14-158District Man Sentenced to 41 ½ Years in Prison for 2010 Murder of Teenager in Southeast Washington-Ambushed Victim and His Friend Outside Apartment Building-Read the Press Release
WASHINGTON – Joshua Andrews, 22, of Washington, D.C., was sentenced today to a prison term of 41 ½ years for a 2010 murder that took place in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Andrews was found guilty in April 2014, following a trial in the Superior Court of the District of Columbia, of first-degree premeditated murder while armed, assault with intent to kill while armed, and related offenses. He was sentenced by the Honorable Rhonda Reid Winston.
According to the government’s evidence, during the spring of 2010, Andrews, then 18, was seeking revenge on the victim, 17-year-old Durand Lucas, who Andrews “assumed” had shot at him on a prior occasion. On June 4, 2010, the day before the murder, Andrews explained exactly how he was going to kill Mr. Lucas. He found out where he could locate Mr. Lucas – at an apartment building in the 1600 block of W Street SE – armed himself, and went to that location. Early June 5, 2010, he saw Mr. Lucas go into the apartment building, and together with a co-conspirator, waited for him outside the door to the building.
About 20 minutes later, just before 3 a.m., Mr. Lucas and another man exited the building. Andrews jumped out from the shadows in the corner of the building and shot at both men. When the two victims tried to flee, Andrews’s co-conspirator jumped out from around the corner of the building and began firing.
Mr. Lucas tried to run away, but was struck by a bullet that broke his leg. After he fell to the ground, Andrews and his accomplice leaned over Mr. Lucas and continued to fire at point-blank range, killing him. The victim was shot a total of 15 times, including three times in the back of the head. The second man was shot twice, but managed to escape.
In announcing the sentence, U.S. Attorney Machen commended the work of the detectives, crime scene officers, and others 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 Criminal Investigator Derek Starliper; Intelligence Analysts Zach McMenamin, Shannon Alexis, and William Hamann; Litigation Technology Specialists Leif Hickling and Paul Howell; Litigation Technology Supervisor Joseph Calvarese; Victim/Witness Advocates Lezlie Richardson and Jennifer Clark; Victim/Witness Security Specialists Debra Cannon, Wanda Queen, and M. LaVerne Forrest; Victim/Witness Supervisory Security Specialist Michael Hailey; Paralegal Specialists Mia Beamon, Deb Joyner, and Phaylyn Hunt; and Assistant U.S. Attorneys Natalia Medina, Lauren Bates, Deborah Sines, Gary Wheeler, and Stephen Rickard. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Melinda A. Williams and Jonathan Kravis, who prosecuted the case.
14-156District Man Sentenced to 22-Year Prison Term for Two Armed Robberies and Related Charges-Defendant Targeted Two Victims in Rapid Succession-Read the Press Release
WASHINGTON - Calvin Jenkins, 24, of Washington, D.C., has been sentenced to a 22-year prison term on charges stemming from two armed robberies using a stolen car in Northeast Washington, D.C., U.S. Attorney Ronald C. Machen Jr. announced today.
Jenkins was found guilty by a jury in April 2014, in the Superior Court of the District of Columbia, of two counts of armed robbery, one count of unauthorized use of a vehicle during a crime of violence, one count of fleeing a law enforcement officer, and related firearms offenses. He was sentenced on June 27, 2014 by the Honorable Ronna L. Beck. Upon completion of his prison term, Jenkins will be placed on five years of supervised release.
According to the government’s evidence, on Jan. 15, 2013, just after 8 p.m., Jenkins and his former co-defendant, who pled guilty in August 2013, robbed their first victim of $22 in the 4800 block of 8th Street NE. One minute later and approximately a block-and-a-half away, the men robbed the second victim of approximately $40 in the 800 block of Buchanan Street NE.
Both robberies were committed using a distinctive Tec-9-style handgun. The robbers were seen departing the scene of the second robbery in a vehicle that had been stolen two days earlier. Police spotted that vehicle a few minutes later, resulting in a high-speed chase that continued over a mile to the parking lot of a Home Depot on Rhode Island Avenue NE. Both robbers fled from the car. Jenkins was stopped by police on a ramp adjacent to the Home Depot, and the gun was found on his flight path.
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 Paralegal Specialists Allison Daniels and Wanda Trice; Investigative Analyst Shannon Alexis; Information Technology Specialists Leif Hickling and Anisha Bhatia, and Assistant U.S. Attorneys Philip A. Selden, Scott Ray, John Giovannelli, Ann Carroll, Kevin Flynn, and John Mannarino. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Michael Spence and Christine Macey, of the Felony Major Crimes Trial Section, who prosecuted the matter.
14-157Virginia Man Sentenced to 18-Month Prison Term for Failing to Register as A Sex OffenderRead the Press Release
WASHINGTON – Stanley McCord, 42, of Alexandria, Va., has been sentenced to 18 months in prison on a federal charge of failure to register as a sex offender, U.S. Attorney Ronald C. Machen Jr. and Michael Hughes, U.S. Marshal for the Superior Court of the District of Columbia, announced today.
McCord has one prior conviction in Texas for a sex offense involving a minor victim, which requires him to register as a sex offender. According to the government’s evidence, McCord was registering as a sex offender in the District of Columbia, but, between April 2012 and February 2013, he lived in Alexandria, Va., and did not register that information with the District of Columbia.
McCord pled guilty in April 2014 in the U.S. District Court for the District of Columbia to failure to register as a sex offender. He was sentenced on June 27, 2014, by the Honorable Richard J. Leon. His prison term is to be followed by 10 years of supervised release. Also, upon completion of his prison term, McCord will face a warrant for a probation violation in Texas.
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 knowingly fail to comply with their sex offender registration requirements. The Sex Offender Registration and Notification Act is part of the Adam Walsh Child Protection and Safety Act in 2006. The Adam Walsh Act also provides for the use of federal law enforcement resources, including the U.S. Marshals Service, to assist the states in locating and apprehending non-compliant sex offenders.
In announcing the sentence, U.S. Attorney Machen and U.S. Marshal Hughes praised the members of the D.C. Superior Court Sex Offender Investigations Section of the U.S. Marshals Service, who investigated the case, and Assistant U.S. Attorney Ari Redbord, who prosecuted the case.
14-155Ahmed Abu Khatallah Indicted for Terrorist Conspiracy Stemming from September 2012 Attack in Benghazi, LibyaRead the Press Release
Defendant Makes Initial Court Appearance TodayWASHINGTON - Ahmed Abu Khatallah, aka Ahmed Mukatallah, made his first appearance today in the U.S. District Court for the District of Columbia on a federal terrorism offense arising from his alleged participation in the September 11-12, 2012, terrorist attacks in Benghazi, Libya, which resulted in the deaths of Ambassador J. Christopher Stevens, Sean Smith, Tyrone Woods and Glen Doherty.
Khatallah was indicted by a federal grand jury on the charge of conspiracy to provide material support and resources to terrorists, knowing and intending that these would be used in preparation for and in carrying out a killing in the course of an attack on a federal facility, and the offense resulted in death.
The investigation is ongoing and the Justice Department can bring additional charges as the case continues.
"Now that Ahmed Abu Khattalah has arrived in the United States, he will face the full weight of our justice system," said Eric Holder, U.S. Attorney General. "We will prove, beyond a reasonable doubt, the defendant’s alleged role in the attack that killed four brave Americans in Benghazi."
"Capturing Ahmed Abu Khattalah and bringing him to the U.S. to face justice for his role in killing American citizens in Benghazi is a major step forward in our ongoing investigation," said FBI Director James B. Comey. "Our work, however, is not over. This case remains one of our top priorities and we will continue to pursue all others who participated in this brazen attack on our citizens and our country."
"Ahmed Abu Khatallah's capture and his appearance in court today were critical steps toward bringing him to justice for his role in the terrorist attacks on our diplomatic facilities in Benghazi," said John Carlin, Assistant Attorney General for National Security. "We will not rest in our pursuit of the others who attacked our facilities and killed the four courageous Americans who perished that day."
"In a courtroom in our nation's capital, today we took the first step down the road to justice for the four American heroes killed in Benghazi," said Ronald C. Machen Jr., U.S. Attorney for the District of Columbia. "This prosecution is a reflection of our determination to honor the sacrifice of U.S. citizens who perish on foreign soil in service to our country. We will be steady, deliberate, and relentless in seeking to hold accountable all who were responsible for this deadly act of terror."
"The capture and return to the United States of Ahmed Abu Khatallah should be a warning to all those who want to harm the United States," said George Venizelos, Assistant Director in Charge of the FBI’s New York Field Office. "As alleged in the indictment, Khatallah participated in September 11-12, 2012, terrorist attacks in Benghazi, Libya which resulted in the deaths of four innocent Americans. Now he is in the United States to stand trial for his actions. The FBI will continue to pursue and bring to justice those who conduct such heinous acts no matter where they are located."
Khatallah, a Libyan national approximately 43 years of age, was taken into custody earlier this month. He initially was charged in a criminal complaint that was filed under seal on July 15, 2013 and that became public on June 17, 2014. The Justice Department secured the defendant’s initial indictment on June 26, 2014, and the charging document was unsealed today.
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 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 Justice Department’s National Security Division.
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More Than 350 Youths Attend Anti-Violence Summit at Friendship Collegiate Academy in Northeast Washington Fourth Annual Event Is Led by U.S. Attorney’s Office and Its Community Partners; U.S. Attorney Machen Urges Youths to “Be A Voice for Positive ChangeRead the Press Release
WASHINGTON - U.S. Attorney Ronald C. Machen Jr., the U.S. Attorney’s Office for the District of Columbia, and numerous community partners today hosted an anti-violence summit attended by more than 350 youths in Northeast Washington.
The fourth annual youth summit took place at Friendship Collegiate Academy and featured discussions about the importance of speaking out against violence and other topics, including the consequences of drug use, the importance of making good decisions, cyber-bullying, and Internet Safety. The event’s co-sponsors included the Project Safe Neighborhoods Task Force, the Columbia Heights/Shaw Family Support Collaborative, the East River Family Strengthening Collaborative, and other law enforcement and community partners.
“We’re here today because we can put an end to this senseless violence,” U.S. Attorney Machen told the youths. “If just one of you listens and thinks twice when you are at that crossroads in your life -- before picking up that gun, before getting in that car where there is nothing but trouble – then this day will be well worth it. You must protect your future at all times. It is your responsibility and yours alone.”
U.S. Attorney Machen concluded his remarks with this challenge: “Ask yourself: Are you willing to stand up for what you believe and know in your heart is the right course of action? Are you willing to say no to drugs, no to abuse, no to bullying, no to hatred, no to retaliation? I believe that each one of you has the strength and courage to do so and in doing so becoming a leader for our community. You can be a voice for positive change.”
The event, emceed by DJ Flava of WKYS Radio (93.9 FM), featured speakers, entertainment, and invaluable resources. Performers included Young Motive, KRU3H, and Main Girl.
The summit assembles young people from under-served neighborhoods in the District of Columbia to discuss the most pressing public safety challenges facing their communities. Previous summits also attracted more than 300 youth participants. The goal is to reach out to area youth on current public safety topics in an informative and inspiring way.
Several collaborative partners joined in the day’s programs, including the Ward 3 and 4 D.C. Prevention Center; the Metropolitan Police Department; the Street Wize Foundation; Black Women for Positive Change; Friendship Collegiate Academy; the National Institute on Drug Abuse; the Street Wize Foundation; and the National Center for Missing and Exploited Children. The effort is supported by Project Safe Neighborhoods, a Department of Justice initiative aimed at reducing gun and gang crimes.
The youth summit is one in a series of community events sponsored by the U.S. Attorney’s Office for the District of Columbia, including town hall meetings, crime prevention presentations, and various outreach programs for people of all ages.
14-153Former Office Manager Sentenced to Three Years in Prison for Embezzling More Than $3.6 Million-Defendant Used Money for Jewelry, Vacations, Parties, Other Personal Expenses-Read the Press Release
WASHINGTON - Pamela J. Beard, 52, of Bowie, Md., was sentenced today to three years in prison on a federal mail fraud charge stemming from the embezzlement of more than $3.6 million from her former employer, announced U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.
Beard pled guilty in January 2014 in the U.S. District Court for the District of Columbia. She was sentenced by the Honorable Ketanji Brown Jackson. Upon completion of her prison term, Beard will be placed on three years of supervised release. She also must pay $3,688,649 in criminal forfeiture and restitution.
According to the government's evidence, from approximately March 1997 through February 2013, Beard was employed as a billing clerk and the office manager at the Office of Orthopaedic Medicine & Surgery, in Washington, DC. Her duties included paying vendors and creditors, as well as making payments on the business’s corporate credit card accounts. She had access to the office’s financial information and payment systems, and, as a result, could generate checks on the office’s corporate checking account. She also was authorized to use a corporate credit card to pay for business-related expenses. Beard was not authorized to use the office’s bank accounts or corporate credit card to pay for personal expenses.
From May 1, 2006, through June 26, 2013, Beard embezzled $3,688,649 from the office. She used the proceeds to pay for, among other things: a home mortgage; vehicles; a timeshare with Disney Vacation Development, Inc.; expenses associated with her husband’s landscaping business; vacations, including a trip to the Bellagio Hotel in Las Vegas; a personal trainer; jewelry, and parties, including Beard’s 50th birthday party at the Sunset Room at National Harbor, in or around February 2012, for which she spent about $18,703 on ice sculptures.
Beard embezzled the money in a variety of ways:
From May 1, 2006, through Jan. 22, 2013, Beard generated more than 100 corporate checks, totaling $1,289,736, on her employer’s checking account. Each check was made payable to Bank of America. Once the checks were generated by Beard through the office’s payment system, she provided them to a physician, who signed them on the office’s behalf. Because the checks were payable to Bank of America, the physician believed that they were intended to pay a corporate credit card account at Bank of America. Beard, however, deposited them at various Bank of America branches to make payments, without authorization, on Bank of America credit card accounts for Beard, her husband, and her husband’s landscaping business.
From Oct. 6, 2006, through June 26, 2013, Beard generated and mailed additional checks drawn on the office’s corporate checking account to pay personal credit card accounts for herself and her husband at American Express. She also made on-line payments from the corporate checking account to American Express. Beard conducted these financial transactions, without authorization, in the total amount of $2,207,882.
Finally, from April 21, 2006, through Dec. 30, 2012, Beard used the office’s corporate credit card without authorization, to purchase goods and services for her own personal use in the total amount of $191,030.
In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge Parlave commended the investigative work of special agents and analysts of the FBI’s Washington Field Office and Senior Inspector Wayne Rollock of the U.S. Marshals Service. He also praised those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Corinne Kleinman, Rosalind Pressley, and Nicole Wattelet; Assistant U.S. Attorney Catherine K. Connelly, who handled forfeiture issues; and former Assistant U.S. Attorney David Johnson, and Assistant U.S. Attorney Bryan Seeley, who prosecuted the case.
14-152District Man Pleads Guilty to 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., pled guilty today to child pornography and child sexual abuse charges, announced U.S. Attorney Ronald C. Machen Jr., Clark 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 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 is to be sentenced Sept. 22, 2014 by the Honorable Senior Judge Gladys Kessler. The child pornography charge carries a statutory maximum of 20 years in prison. Each count of second-degree child sexual abuse carries a statutory maximum of 10 years of incarceration. The charges also carry potential financial penalties. Gutierrez also 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 plea, 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 is prosecuting the case.
14-151U.S. Attorney Machen to Host Fourth Annual Youth SummitRead the Press Release
At Friendship Collegiate Academy in Northeast Washington
- Free Program Includes Musical Performances, Workshops, Information -WASHINGTON - U.S. Attorney Ronald C. Machen Jr., the U.S. Attorney’s Office for the District of Columbia, the Project Safe Neighborhoods Task Force, the Columbia Heights/Shaw Family Support Collaborative, the East River Family Strengthening Collaborative, and law enforcement and community partners are sponsoring a Youth Summit on Friday, June 27, 2014, at Friendship Collegiate Academy.
This year’s event will engage youth on the consequences and harms of marijuana, encourage young people to make responsible decisions to avert criminal behavior, and help them understand the consequences of violence. The event will be filled with dynamic speakers, entertainment, and invaluable resources. The guest emcee is DJ Flava of WKYS Radio (93.9 FM). Performers scheduled to appear include Young Motive, KRU3H, and Main Girl.
Youths from the District of Columbia are invited to the program, which runs from 10 a.m. to 4 p.m., and is free of charge. Friendship Collegiate Academy, 4095 Minnesota Avenue NE, is conveniently located directly across the street from the Minnesota Avenue Metro station in order to provide accessibility for students to attend.
This is the office’s fourth annual Youth Summit, which assembles young people from under-served neighborhoods in the District of Columbia to discuss the most pressing public safety challenges facing their communities. Previous summits have attracted more than 300 youth participants. The goal of the program is to reach out to area youth on current public safety topics in an informative and inspiring way. This year’s topics also include discussion about child safety, cyberbullying, and Internet safety.
Several collaborative partners will be coming together to present the day’s programs, including the Ward 3 and 4 D.C. Prevention Center; the Metropolitan Police Department; the Street Wize Foundation; Black Women for Positive Change; Friendship Collegiate Academy; the National Institute on Drug Abuse; the Street Wize Foundation; and the National Center for Missing and Exploited Children. The effort is supported by Project Safe Neighborhoods, a Department of Justice initiative aimed at reducing gun and gang crimes. People with questions or interest in bringing a youth group to the Youth Summit may contact Melanie Howard at the U.S. Attorney’s Office at (202)-252-6930 or [email protected].
14-150
U.S. Attorney Machen to Host Fourth Annual Youth SummitRead the Press Release
At Friendship Collegiate Academy in Northeast Washington
- Free Program Includes Musical Performances, Workshops, Information -WASHINGTON - U.S. Attorney Ronald C. Machen Jr., the U.S. Attorney’s Office for the District of Columbia, the Project Safe Neighborhoods Task Force, the Columbia Heights/Shaw Family Support Collaborative, the East River Family Strengthening Collaborative, and law enforcement and community partners are sponsoring a Youth Summit on Friday, June 27, 2014, at Friendship Collegiate Academy.
This year’s event will engage youth on the consequences and harms of marijuana, encourage young people to make responsible decisions to avert criminal behavior, and help them understand the consequences of violence. The event will be filled with dynamic speakers, entertainment, and invaluable resources. The guest emcee is DJ Flava of WKYS Radio (93.9 FM). Performers scheduled to appear include Young Motive, KRU3H, and Main Girl.
Youths from the District of Columbia are invited to the program, which runs from 10 a.m. to 4 p.m., and is free of charge. Friendship Collegiate Academy, 4095 Minnesota Avenue NE, is conveniently located directly across the street from the Minnesota Avenue Metro station in order to provide accessibility for students to attend.
This is the office’s fourth annual Youth Summit, which assembles young people from under-served neighborhoods in the District of Columbia to discuss the most pressing public safety challenges facing their communities. Previous summits have attracted more than 300 youth participants. The goal of the program is to reach out to area youth on current public safety topics in an informative and inspiring way. This year’s topics also include discussion about child safety, cyberbullying, and Internet safety.
Several collaborative partners will be coming together to present the day’s programs, including the Ward 3 and 4 D.C. Prevention Center; the Metropolitan Police Department; the Street Wize Foundation; Black Women for Positive Change; Friendship Collegiate Academy; the National Institute on Drug Abuse; the Street Wize Foundation; and the National Center for Missing and Exploited Children. The effort is supported by Project Safe Neighborhoods, a Department of Justice initiative aimed at reducing gun and gang crimes. People with questions or interest in bringing a youth group to the Youth Summit may contact Melanie Howard at the U.S. Attorney’s Office at (202)-252-6930 or [email protected].
14-150
New Jersey Man Sentenced to Two-Year Prison TermRead the Press Release
For Prostituting Girlfriend, Who He Physically Abused
Second Man Sentenced to Six Months in Prison for Aiding in the ProstitutionWASHINGTON – Leschon Gonzales, 25, of Atlantic City, N.J., was sentenced today to a two-year prison term for prostituting and abusing his girlfriend multiple times last year, and Cornell Ford, 42, of Washington, D.C., was sentenced to a six-month prison term for aiding in the prostitution activities, U.S. Attorney Ronald C. Machen Jr. announced.
The men pled guilty in April 2014 in the Superior Court for the District of Columbia. Gonzales pled guilty to two counts each of pandering, procuring, and simple assault. Ford pled guilty to one count of pandering. Both were sentenced by the Honorable Michael Ryan. Upon completion of their respective prison terms, each will be placed on probation for 12 months.
According to the government’s evidence, Gonzales, also known as “Smoov,” began dating the 22-year-old victim in the summer of 2013. On June 30, 2013, he and the victim met Ford at Union Station. From there, Ford advised Gonzales where to take the victim to prostitute herself. Gonzales took the victim to the location Ford advised, an area in the District of Columbia known for prostitution, and instructed the victim how to behave with customers. The victim complied, and after she sold her body for sex, Gonzales took the money. When the victim stated that she did not want to sell herself, Gonzales struck her multiple times. Over the next several days, Gonzales arranged, via online advertisements, for the victim to engage in sexual acts for money throughout the District of Columbia. Gonzales received all of the proceeds.
On Oct. 25, 2013, the victim and Gonzales were again in the District of Columbia with Ford. Gonzales chose the victim’s clothing and Ford drove Gonzales and the victim to the same area they had gone in June. Ford instructed Gonzales exactly where the victim should walk to pick up customers. As a result, the victim engaged two customers in transactions for oral sex. Gonzales received all of the money from those transactions. The next evening, they went to another area of the District of Columbia, and the victim had several customers. When the victim did not return with as much money as expected, Gonzales grabbed her and put her in the car.
A few days later, on Oct. 30, 2013, Gonzales and the victim were in Union Station when the victim told Gonzales that she was not going back on the street to sell her body. Gonzales grabbed her by the arm and dragged her out of Union Station. Gonzales let go of her, and she ran back into Union Station to hide in a restroom. From inside the restroom, she called her mother, who notified police. Gonzales was arrested as he approached the women’s restroom, where the victim had been hiding. Ford was identified through additional investigation.
In announcing the sentence, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department. He also praised the work those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan and Paralegal Specialist Jason Manuel. Finally, he commended the efforts of Assistant U.S. Attorney Jeff T. Cook, who investigated the matter.
14-148New Jersey Man Sentenced to Two-Year Prison TermRead the Press Release
For Prostituting Girlfriend, Who He Physically Abused
Second Man Sentenced to Six Months in Prison for Aiding in the ProstitutionWASHINGTON – Leschon Gonzales, 25, of Atlantic City, N.J., was sentenced today to a two-year prison term for prostituting and abusing his girlfriend multiple times last year, and Cornell Ford, 42, of Washington, D.C., was sentenced to a six-month prison term for aiding in the prostitution activities, U.S. Attorney Ronald C. Machen Jr. announced.
The men pled guilty in April 2014 in the Superior Court for the District of Columbia. Gonzales pled guilty to two counts each of pandering, procuring, and simple assault. Ford pled guilty to one count of pandering. Both were sentenced by the Honorable Michael Ryan. Upon completion of their respective prison terms, each will be placed on probation for 12 months.
According to the government’s evidence, Gonzales, also known as “Smoov,” began dating the 22-year-old victim in the summer of 2013. On June 30, 2013, he and the victim met Ford at Union Station. From there, Ford advised Gonzales where to take the victim to prostitute herself. Gonzales took the victim to the location Ford advised, an area in the District of Columbia known for prostitution, and instructed the victim how to behave with customers. The victim complied, and after she sold her body for sex, Gonzales took the money. When the victim stated that she did not want to sell herself, Gonzales struck her multiple times. Over the next several days, Gonzales arranged, via online advertisements, for the victim to engage in sexual acts for money throughout the District of Columbia. Gonzales received all of the proceeds.
On Oct. 25, 2013, the victim and Gonzales were again in the District of Columbia with Ford. Gonzales chose the victim’s clothing and Ford drove Gonzales and the victim to the same area they had gone in June. Ford instructed Gonzales exactly where the victim should walk to pick up customers. As a result, the victim engaged two customers in transactions for oral sex. Gonzales received all of the money from those transactions. The next evening, they went to another area of the District of Columbia, and the victim had several customers. When the victim did not return with as much money as expected, Gonzales grabbed her and put her in the car.
A few days later, on Oct. 30, 2013, Gonzales and the victim were in Union Station when the victim told Gonzales that she was not going back on the street to sell her body. Gonzales grabbed her by the arm and dragged her out of Union Station. Gonzales let go of her, and she ran back into Union Station to hide in a restroom. From inside the restroom, she called her mother, who notified police. Gonzales was arrested as he approached the women’s restroom, where the victim had been hiding. Ford was identified through additional investigation.
In announcing the sentence, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department. He also praised the work those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan and Paralegal Specialist Jason Manuel. Finally, he commended the efforts of Assistant U.S. Attorney Jeff T. Cook, who investigated the matter.
14-148Former Union Official Pleads Guilty to EmbezzlingRead the Press Release
More Than $190,000 in Funds
Defendant Spent Thousands on Hotel Stays, Clothing, Other Personal ExpensesWASHINGTON – JC Stamps, a former union official, pled guilty today to embezzling more than $190,000 from two labor organizations he founded and an employee benefits fund.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, and 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.
Stamps, 67, of Upper Marlboro, Md., pled guilty to one count of theft from an employee benefit plan. The Honorable Chief Judge Richard W. Roberts scheduled sentencing for Sept. 17, 2014. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, Stamps faces a likely range of 18 to 24 months in prison and a fine of up to $40,000. He also has agreed to pay $194,611 in restitution and is subject to a forfeiture money judgment in the amount 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; 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 is being 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.
14-149Former Union Official Pleads Guilty to EmbezzlingRead the Press Release
More Than $190,000 in Funds
Defendant Spent Thousands on Hotel Stays, Clothing, Other Personal ExpensesWASHINGTON – JC Stamps, a former union official, pled guilty today to embezzling more than $190,000 from two labor organizations he founded and an employee benefits fund.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, and 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.
Stamps, 67, of Upper Marlboro, Md., pled guilty to one count of theft from an employee benefit plan. The Honorable Chief Judge Richard W. Roberts scheduled sentencing for Sept. 17, 2014. The charge carries a statutory maximum of five years in prison and potential financial penalties. Under federal sentencing guidelines, Stamps faces a likely range of 18 to 24 months in prison and a fine of up to $40,000. He also has agreed to pay $194,611 in restitution and is subject to a forfeiture money judgment in the amount 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; 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 is being 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.
14-149Former District of Columbia Council Candidate Pleads GuiltyRead the Press Release
To Filing a False Statement on Campaign Finance Report
-Campaign Secretly Received More Than $140,000 From D.C. Businessman-WASHINGTON – Jeff Smith, 40, of Washington, D.C., a former candidate for the Council of the District of Columbia, pled guilty today to a felony charge for filing a false and misleading report with the District of Columbia’s Office of Campaign Finance that concealed campaign contributions in excess of those permitted under D.C. campaign finance laws.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).
Smith is the second candidate to plead guilty to charges in recent weeks. Kelvin Robinson, 53, pled guilty on June 3, 2014, in the Superior Court of the District of Columbia to a charge of conspiring to violate District of Columbia campaign finance laws by defrauding the District of Columbia’s Office of Campaign Finance. He is awaiting sentencing.
Smith also entered his plea in the Superior Court of the District of Columbia. The Honorable Anita Josey-Herring scheduled sentencing for Aug. 28, 2014. The charge of making a false statement or report 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 Smith faces a range of six to 24 months in prison, or, possibly, probation.
The charge involves contributions to Smith’s 2010 campaign for the Ward 1 seat on the Council of the District of Columbia. Smith admitted that more than $140,000 was secretly channeled to his campaign from businessman Jeffrey E. Thompson. Smith lost the election.
Thompson is the former chairman, chief executive officer, and majority owner of Thompson, Cobb, Bazilio and Associates (TCBA), a corporation that provided accounting, management, consulting, and tax services. He also is the former chairman, chief executive officer, and owner of D.C. Healthcare Systems, Inc. (DCHSI), an investment holding and for-profit corporation. Both companies generated millions of dollars in government contracts.
Thompson and six others earlier pled guilty to charges involving Thompson’s illegal contributions to numerous federal and District of Columbia campaigns. In addition to Robinson, who also admitted receiving excess contributions from Thompson, the others who have pled guilty include Eugenia C. Harris, a business owner in the District of Columbia; Lee A. Calhoun, an executive for TCBA; Stanley Straughter, the owner of a business based in Philadelphia; Vernon Hawkins, who was a volunteer advisor in 2010 for a 2010 mayoral campaign; and Troy White, the owner of a marketing company based in New York.
Another person, former District of Columbia Council member Michael A. Brown, pled guilty to charges in an unrelated bribery investigation. In those proceedings, he publicly admitted that his campaign committees had secretly received money from Thompson.
As part of Thompson’s guilty plea, on March 10, 2014, he agreed to cooperate fully in an ongoing investigation. No date has been set for his sentencing.
**“Three months ago, Jeff Thompson’s guilty plea pulled back the curtain on widespread corruption that tainted election after election, year after year in D.C. politics,” said U.S. Attorney Machen. “Today Jeff Smith became the third candidate to stand before a judge and confess to taking Thompson’s secret campaign cash. We commend Jeff Smith for acknowledging his misconduct and will press forward with our efforts to hold accountable all those who participated in under-the-table deals with Jeff Thompson.”
“Today, Mr. Smith admitted to accepting illegal contributions to his campaign for D.C. Council and to filing a report which concealed these illegal in-kind contributions to the D.C. Office of Campaign Finance,” said Assistant Director in Charge Parlave. “Along with our law enforcement partners, the FBI remains vigilant to abuses of campaign finance laws to protect the citizens of the District of Columbia from schemes within the electoral process.”
According to a statement of offense submitted as part of today’s guilty plea, from at least December 2009 through December 2010, Smith, Thompson and others acted to make and to receive – and to conceal – campaign contributions in excess of those permitted under the District of Columbia Campaign Act.
Smith admitted that Thompson, with his knowledge, provided more than $140,000 of in-kind contributions, contributions which were concealed from the Office of Campaign Finance. Smith provided a budget to Thompson in March 2010, seeking $140,975 for voter registration and get-out-the-vote efforts for his campaign. Then, from March 2010 until September 2010, Thompson used funds, via TCBA and DCHSI, to provide more than $140,000 in coordination with and in support of Smith’s campaign committee. At least part of this money was spent on campaign services and materials.
The District of Columbia Campaign Act imposes limits on the amount of money that can be contributed to a District of Columbia candidate and that candidate’s principal campaign committee. It also prohibits any person or corporation from making a contribution in the name of another, including by reimbursement. Finally, it requires principal campaign committees to file periodic reports of receipts and disbursements.
The law limits the amount that an individual or entity can contribute in the aggregate in the primary and general elections of a candidate seeking election to a Ward seat to $500.
In his plea, Smith admitted that, acting on behalf of his campaign committee, he filed, that is, authorized to be filed, a false and misleading report to the D.C. Office of Campaign Finance in December 2010. The report concealed the excessive and unreported in-kind contributions provided directly and indirectly by Thompson.
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, and Special Agent in Charge Kelly commended the work of those who investigated the case from the FBI’s Washington Field Office and IRS-CI.They also expressed appreciation for the work of Assistant U.S. Attorneys Michael K. Atkinson, Jonathan P. Hooks, Ellen Chubin Epstein, Lionel André, and Ephraim “Fry” Wernick, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, who are prosecuting cases in the investigation.
Finally, they acknowledged the efforts of others who worked on the case from the U.S. Attorney’s Office, including Deborah Connor, Chief of the Fraud and Public Corruption Section, as well as Criminal Investigators Matthew J. Kutz, Mark Crawford, Melissa Matthews, and Durand Odom; Forensic Accountants Crystal Boodoo and Maria Boodoo; Paralegal Specialists Krishawn Graham, Tasha Harris, and Corrine Kleinman; Former Paralegal Specialists Shanna Hays and Nicole Wattelet; and Legal Assistant Angela Lawrence.
14-147Former District of Columbia Council Candidate Pleads GuiltyRead the Press Release
To Filing a False Statement on Campaign Finance Report
-Campaign Secretly Received More Than $140,000 From D.C. Businessman-WASHINGTON – Jeff Smith, 40, of Washington, D.C., a former candidate for the Council of the District of Columbia, pled guilty today to a felony charge for filing a false and misleading report with the District of Columbia’s Office of Campaign Finance that concealed campaign contributions in excess of those permitted under D.C. campaign finance laws.
The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).
Smith is the second candidate to plead guilty to charges in recent weeks. Kelvin Robinson, 53, pled guilty on June 3, 2014, in the Superior Court of the District of Columbia to a charge of conspiring to violate District of Columbia campaign finance laws by defrauding the District of Columbia’s Office of Campaign Finance. He is awaiting sentencing.
Smith also entered his plea in the Superior Court of the District of Columbia. The Honorable Anita Josey-Herring scheduled sentencing for Aug. 28, 2014. The charge of making a false statement or report 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 Smith faces a range of six to 24 months in prison, or, possibly, probation.
The charge involves contributions to Smith’s 2010 campaign for the Ward 1 seat on the Council of the District of Columbia. Smith admitted that more than $140,000 was secretly channeled to his campaign from businessman Jeffrey E. Thompson. Smith lost the election.
Thompson is the former chairman, chief executive officer, and majority owner of Thompson, Cobb, Bazilio and Associates (TCBA), a corporation that provided accounting, management, consulting, and tax services. He also is the former chairman, chief executive officer, and owner of D.C. Healthcare Systems, Inc. (DCHSI), an investment holding and for-profit corporation. Both companies generated millions of dollars in government contracts.
Thompson and six others earlier pled guilty to charges involving Thompson’s illegal contributions to numerous federal and District of Columbia campaigns. In addition to Robinson, who also admitted receiving excess contributions from Thompson, the others who have pled guilty include Eugenia C. Harris, a business owner in the District of Columbia; Lee A. Calhoun, an executive for TCBA; Stanley Straughter, the owner of a business based in Philadelphia; Vernon Hawkins, who was a volunteer advisor in 2010 for a 2010 mayoral campaign; and Troy White, the owner of a marketing company based in New York.
Another person, former District of Columbia Council member Michael A. Brown, pled guilty to charges in an unrelated bribery investigation. In those proceedings, he publicly admitted that his campaign committees had secretly received money from Thompson.
As part of Thompson’s guilty plea, on March 10, 2014, he agreed to cooperate fully in an ongoing investigation. No date has been set for his sentencing.
**“Three months ago, Jeff Thompson’s guilty plea pulled back the curtain on widespread corruption that tainted election after election, year after year in D.C. politics,” said U.S. Attorney Machen. “Today Jeff Smith became the third candidate to stand before a judge and confess to taking Thompson’s secret campaign cash. We commend Jeff Smith for acknowledging his misconduct and will press forward with our efforts to hold accountable all those who participated in under-the-table deals with Jeff Thompson.”
“Today, Mr. Smith admitted to accepting illegal contributions to his campaign for D.C. Council and to filing a report which concealed these illegal in-kind contributions to the D.C. Office of Campaign Finance,” said Assistant Director in Charge Parlave. “Along with our law enforcement partners, the FBI remains vigilant to abuses of campaign finance laws to protect the citizens of the District of Columbia from schemes within the electoral process.”
According to a statement of offense submitted as part of today’s guilty plea, from at least December 2009 through December 2010, Smith, Thompson and others acted to make and to receive – and to conceal – campaign contributions in excess of those permitted under the District of Columbia Campaign Act.
Smith admitted that Thompson, with his knowledge, provided more than $140,000 of in-kind contributions, contributions which were concealed from the Office of Campaign Finance. Smith provided a budget to Thompson in March 2010, seeking $140,975 for voter registration and get-out-the-vote efforts for his campaign. Then, from March 2010 until September 2010, Thompson used funds, via TCBA and DCHSI, to provide more than $140,000 in coordination with and in support of Smith’s campaign committee. At least part of this money was spent on campaign services and materials.
The District of Columbia Campaign Act imposes limits on the amount of money that can be contributed to a District of Columbia candidate and that candidate’s principal campaign committee. It also prohibits any person or corporation from making a contribution in the name of another, including by reimbursement. Finally, it requires principal campaign committees to file periodic reports of receipts and disbursements.
The law limits the amount that an individual or entity can contribute in the aggregate in the primary and general elections of a candidate seeking election to a Ward seat to $500.
In his plea, Smith admitted that, acting on behalf of his campaign committee, he filed, that is, authorized to be filed, a false and misleading report to the D.C. Office of Campaign Finance in December 2010. The report concealed the excessive and unreported in-kind contributions provided directly and indirectly by Thompson.
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, and Special Agent in Charge Kelly commended the work of those who investigated the case from the FBI’s Washington Field Office and IRS-CI.They also expressed appreciation for the work of Assistant U.S. Attorneys Michael K. Atkinson, Jonathan P. Hooks, Ellen Chubin Epstein, Lionel André, and Ephraim “Fry” Wernick, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, who are prosecuting cases in the investigation.
Finally, they acknowledged the efforts of others who worked on the case from the U.S. Attorney’s Office, including Deborah Connor, Chief of the Fraud and Public Corruption Section, as well as Criminal Investigators Matthew J. Kutz, Mark Crawford, Melissa Matthews, and Durand Odom; Forensic Accountants Crystal Boodoo and Maria Boodoo; Paralegal Specialists Krishawn Graham, Tasha Harris, and Corrine Kleinman; Former Paralegal Specialists Shanna Hays and Nicole Wattelet; and Legal Assistant Angela Lawrence.
14-147Former Visa Consultant Pleads Guilty to Federal Charge for Embezzling over $245,000 from EmployerAlso Admits Collecting Fraudulent Unemployment BenefitsRead the Press Release
WASHINGTON – Claudius Kai Kpakima, 34, of Silver Spring, Md., pled guilty today to 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., Valerie Parlave, 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 admitted collecting more than $14,000 in fraudulent unemployment benefits.
Kpakima pled guilty in the U.S. District Court for the District of Columbia to a charge of interstate transportation of stolen property. The Honorable Senior Judge Royce C. Lamberth scheduled sentencing for Sept. 12, 2014. The charge carries a statutory maximum of 10 years in prison and financial penalties. Under federal sentencing guidelines, Kpakima faces a likely range of 46 to 57 months in prison and a fine of up to $50,000. The plea agreement calls for him to pay restitution of $246,191 to his former employer and another $14,615 to the District of Columbia Department of Employment Services.
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 plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, 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 is prosecuting the case in the District of Columbia.
14-142Former MPD Officer Pleads Guilty to Charges of Pandering of A Minor and Possession of Child Pornography-Admits to Offenses Involving Three Teenage Girls-Read the Press Release
WASHINGTON – Linwood Barnhill, 48, a former officer with the Metropolitan Police Department (MPD), pled guilty today to two counts of pandering of a minor and one count of possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department.
Barnhill, who was assigned to the Seventh Police District, entered the guilty plea in the U.S. District Court for the District of Columbia. He has resigned from the department.
The Honorable Rosemary M. Collyer scheduled sentencing for Sept. 4, 2014. The plea agreement, which is subject to the Court’s approval, calls for a prison sentence of seven years. Barnhill also will be required to register as a sex offender for at least 25 years.
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 the 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 their 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.
“Linwood Barnhill betrayed his duty to protect the community by trying to exploit teenage girls," said U.S. Attorney Machen. “As a result of his deplorable conduct, he will now be headed to prison to join the criminals he spent his career locking up. We appreciate the tremendous work of the MPD detectives and FBI agents who worked so hard to bring Mr. Barnhill’s betrayal to light.”
“The FBI is committed to apprehending individuals who sexually exploit young girls, and we will continue to work with our law enforcement partners to bring these predators to justice, no matter who they are or what their profession is,” said Assistant Director in Charge Parlave.“A person of this character has no business being a police officer,” said Chief Lanier. “This is a disgrace to the thousands of hard working men and women of the Metropolitan Police Department who have integrity and put their lives on the line each day.”
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 Parlave 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 MPD Officer Pleads Guilty to Charges of Pandering of A Minor and Possession of Child Pornography-Admits to Offenses Involving Three Teenage Girls-Read the Press Release
WASHINGTON – Linwood Barnhill, 48, a former officer with the Metropolitan Police Department (MPD), pled guilty today to two counts of pandering of a minor and one count of possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department.
Barnhill, who was assigned to the Seventh Police District, entered the guilty plea in the U.S. District Court for the District of Columbia. He has resigned from the department.
The Honorable Rosemary M. Collyer scheduled sentencing for Sept. 4, 2014. The plea agreement, which is subject to the Court’s approval, calls for a prison sentence of seven years. Barnhill also will be required to register as a sex offender for at least 25 years.
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 the 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 their 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.
“Linwood Barnhill betrayed his duty to protect the community by trying to exploit teenage girls," said U.S. Attorney Machen. “As a result of his deplorable conduct, he will now be headed to prison to join the criminals he spent his career locking up. We appreciate the tremendous work of the MPD detectives and FBI agents who worked so hard to bring Mr. Barnhill’s betrayal to light.”
“The FBI is committed to apprehending individuals who sexually exploit young girls, and we will continue to work with our law enforcement partners to bring these predators to justice, no matter who they are or what their profession is,” said Assistant Director in Charge Parlave.“A person of this character has no business being a police officer,” said Chief Lanier. “This is a disgrace to the thousands of hard working men and women of the Metropolitan Police Department who have integrity and put their lives on the line each day.”
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 Parlave 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 Background Investigator for Federal Government Pleads Guilty to 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), pled guilty today to a charge stemming from 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 the U.S. District Court for the District of Columbia to making a false statement. The Honorable Senior Judge Thomas F. Hogan scheduled sentencing for Sept. 19, 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, Mitnick has agreed 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 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.
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, 18 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 Kevin Cassidy, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Donna Galindo and former Paralegal Specialist Nicole Wattelet of the U.S. Attorney’s Office, as well as Assistant U.S. Attorneys Ellen Chubin Epstein and Philip A. Selden, who investigated and prosecuted this matter.
14-145District Man Sentenced to 36 Years in Prison for 2011 Murder in Northeast Washington-Shooting Followed Carjacking and Robbery-Read the Press Release
WASHINGTON -David E. Warren, 28, of Washington, D.C., was sentenced today to 36 years in prison for the 2011 killing of a man in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Warren was found guilty by a jury in March 2014, following a three-week trial in the Superior Court of the District of Columbia. The jury convicted Warren of two counts of first-degree murder while armed during the commission of two separate felonies; second-degree murder while armed; kidnapping while armed; armed carjacking; armed robbery, and related weapons offenses. He was sentenced by the Honorable Rhonda Reid Winston. Upon completion of his prison term, Warren will be placed on five years of supervised release.
According to the government’s evidence, shortly before 11 p.m. on May 13, 2011, the victim, Ervin L. Griffin, 32, pulled his SUV into the 1200 block of 18th Street NE, soon after meeting several young women at a nearby bus stop. While Mr. Griffin was sitting in his SUV, which was parked in the middle of the street, Warren approached and told Mr. Griffin to leave.
Eventually, Mr. Griffin pulled into an alley off of the 1200 block of 18th Street NE, where Warren entered the passenger side of Mr. Griffin’s SUV and took his keys. Warren, armed with a semi-automatic firearm, then went to the driver’s side of the SUV, pulled Mr. Griffin out, and demanded money. Warren, along with others, then walked Mr. Griffin up an alley and into a yard behind 1218 18th Place NE, where Mr. Griffin was shot and killed.
Surveillance video from the Metropolitan Police Department’s closed circuit television cameras showed the events leading up to Mr. Griffin’s murder, and showed Warren and others exiting the alley where the murder took place within a minute after the murder.
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 acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialists Thomas Royal, William Henderson, and Paul Howell; Victim/Witness Advocate Marcia Rinker; and Paralegal Specialists Kelly Blakeney and Mia Beamon. Finally, he thanked former Assistant U.S. Attorney B. Michael Ortwein, who investigated and indicted the case, and Assistant U.S. Attorneys Michelle D. Jackson and Holly R. Shick, who prosecuted the case.
14-143District Man Sentenced to 107 Years in Prison for Two Shootings, Including Murder of Unarmed TeenagerDefendant and Two Accomplices Fired at Least 28 Shots at Group Attending Fourth of July Cook-OutRead the Press Release
WASHINGTON –Calvin Shaw, 24, of Washington, D.C., was sentenced today to 107 years in prison for his role in two shootings, including one in which he opened fire on a group of unarmed teenagers and young men who were gathered for a Fourth of July neighborhood cook-out, killing one of them, U.S. Attorney Ronald C. Machen Jr. announced.
Shaw, also known as Sharkim Sharp, was found guilty by a jury in April 2014, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer Anderson.
The jury found Shaw guilty of one count of first-degree murder while armed, five counts of assault with intent to kill while armed, two counts of aggravated assault while armed, and related weapons offenses for the fatal shooting, which took place on July 4, 2012 in the 5000 block of First Street NW. Shaw also was found guilty of two counts of assault with intent to kill while armed, one count of aggravated assault while armed, and related weapons offenses for an April 18, 2012 shooting that occurred in the same block.
According to the government’s evidence, the murder took place at about 7:55 p.m. on July 4, 2012, when Shaw and two accomplices walked into the 5000 block of First Street NW and opened fire on a group of unarmed teenagers and young men who were gathered to celebrate the Fourth of July holiday and enjoy a cookout.
As the teenagers and young men ran for cover, a gunshot pierced the back of 19-year-old Crevontai Key, severing his aortic arch and killing him. A second 17-year-old victim suffered serious injuries when he was shot in the abdomen. A 15-year-old victim was injured when a bullet grazed the top of the head. A fourth young man was shot in the back, with the bullet exiting his neck. Several other young men were shot at as they ran away. In total, Shaw and his two accomplices fired 28 times at the group of young men.
The jury also found Shaw guilty of the April 18, 2012 shooting of a young man in the same block, and of attempting to shoot another young man who rushed to that victim’s aid.
In a related matter, Shaw’s girlfriend, Tonika Hilliard, 24, was sentenced today to a three-year prison term for obstruction of justice. Hilliard, also of Washington, D.C., pled guilty to the charge, admitting she interfered with a grand jury investigation. The prison time was suspended on the condition that Hilliard successfully complete three years of supervised probation.
In announcing the sentence, U.S. Attorney Machen praised the efforts of those who worked on the case from the Metropolitan Police Department (MPD) and the FBI. U.S. Attorney Machen also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Kwasi Fields; Victim/Witness Advocate Marcia Rinker; Witness Security Specialist Debra Cannon; and Litigation Technology Specialist Leif Hickling.
Finally, he commended the work of Assistant U.S. Attorneys Jennifer Kerkhoff and Michelle Parikh, who tried the case, as well as former Assistant U.S. Attorneys Bruce Hegyi and Heather Carlton, who investigated the case.
14-144Former Chief Technology Officer Sentenced to Two Years in Prison for Embezzling More Than $150,000 from Non-ProfitUsed Money for Laptop, Jewelry, Cable Bills, and Other Personal ExpensesRead the Press Release
WASHINGTON – Paul F. Kaufman, 55, of Stafford, Va., was sentenced today to two years in prison for embezzling more than $150,000 from his former employer, a non-profit based in Washington, D.C., U.S. Attorney Ronald C. Machen Jr. announced.
Kaufman pled guilty in February 2014, in the U.S. District Court for the District of Columbia, to a charge of theft concerning a program receiving federal funds. He was sentenced by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Kaufman will be placed on three years of supervised release; during that time, he must perform 150 hours of community service, which is to include the teaching of computer science to high-risk students.
Also, as part of his plea agreement, Kaufman has agreed to pay $157,516 in restitution and an identical amount in a forfeiture money judgment.
According to the government’s evidence, Kaufman oversaw and managed the technology department for a non-profit identified in court documents as “Non-Profit A,” an organization that received federal money. Kaufman was authorized to solicit and approve work from outside vendors and he had the authority to direct the accounting department to pay them. He also had the authority to make business-related charges on certain corporate credit cards.
Without the knowledge of “Non-Profit A,” Kaufman formed two companies. He then submitted invoices from these companies to the non-profit and authorized payments. All told, Kaufman generated $110,925 from this scheme between January 2004 and March 2012.
In addition, the government’s evidence showed, Kaufman embezzled at least $46,590 from the non-profit by using its corporate credit cards and accounting department to pay a variety of personal expenses. Among other things, the unauthorized personal charges included expenses for Kaufman’s home cable and Internet service, food, coffee, gas, parking, music downloads, and a personal laptop computer. At one point, in April 2012, a non-profit employee discovered that Kaufman had used a corporate credit card to charge about $288 at a jewelry store. When asked about the charge, Kaufman produced an altered receipt and falsely claimed that the invoice was for repairs to an employee’s iPhone.
Kaufman was terminated by the non-profit on May 4, 2012. Two days later, he sent an e-mail to the non-profit’s president and chief executive officer, apologizing for his actions and asking that he be allowed to reimburse the organization for the money that he embezzled.
In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department (MPD), which investigated the case. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Catherine K. Connelly, who assisted with forfeiture issues. Finally, he commended Assistant U.S. Attorney Ephraim (Fry) Wernick, who prosecuted the case.
14-141Virginia Man Sentenced to Five Years in Prison for Violent Attack and Sexual Assault at LoungeFor Violent Attack and Sexual Assault at LoungeRead the Press Release
WASHINGTON -Amulraj Arun, 29, of Fairfax, Va., was recently sentenced to five years in prison for a vicious attack he committed last year against a young woman at a lounge in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Arun was found guilty by a jury in March 2014, following a trial in the Superior Court of the District of Columbia, of kidnapping and sexual abuse. He was sentenced on June 6, 2014 by the Honorable Milton C. Lee. Following his prison term, Arun will be placed on three years of supervised release. He also must register as a sex offender for 10 years following his release.
According to the government’s evidence, on the evening of May 30, 2013, the victim and her husband traveled to Washington D.C. by way of New York from their home in San Francisco to attend a college reunion. The victim and her husband met a few friends for dinner before going to the 18th Street Lounge, in the 1200 block of 18th Street NW.
After arriving at the lounge, the victim separated from her friends and husband to find the bathroom. She went up one flight of stairs and encountered Arun, a stranger to her. Arun was leaning against a desk and, though she did not realize it at the time, blocking the bathroom. Arun directed the victim up another flight of stairs, telling her that she would find the bathroom there.
The victim, trusting the defendant, went up the stairs. The upper floor where Arun had directed the victim was dark and dimly lit, and so she took out her cell phone to illuminate the path. The victim felt concerned that the floor was so removed from any other activity in the establishment, and so she also texted her husband, asking him to come upstairs.
Once the victim reached the top of the stairs, Arun raced behind her. He lunged for her, grabbing and squeezing her breast with one hand while wrapping his other arm around her body. Arun wrapped his arms around her neck, choking the victim and cutting off her air supply. He then aggressively tried to drag her into the room he had previously identified to the victim as the bathroom – which was actually a small, dark utility closet. The victim struggled with all her might, wrapping her arms around the bannister at the top of the stairs and clinging to it. She started screaming in the hope that someone would come to her aid.
In response, Arun wrapped his hands around the victim’s mouth to muffle her screams. He continued to choke her and tried to drag her back into the room behind them. The victim continued to fight, kicking out one of the railings below the bannister. Once the railing was dislodged, the victim slid to the floor, her leg sliding between the railings, her foot dangling precariously over the floors below. Arun slid down, too, and he continued to try to drag her back.
The victim’s husband came upstairs, and Arun ran away as the husband came to the victim’s aid. A bouncer, who had heard screaming and went toward the crime scene to investigate, crossed paths with Arun as he fled the lounge. The bouncer pursued the defendant and saw him drop his passport as he ran down the stairs. The bouncer turned the passport over to members of the Metropolitan Police Department (MPD), who were on patrol outside the lounge. Arun was apprehended by the police a short time later in the vicinity of the lounge.
In announcing the sentence, U.S. Attorney Machen commended 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 Paralegal Specialist Joyce Arthur and Victim Witness Advocate Meshall Thomas. Lastly, he expressed appreciation for the work of Assistant U.S. Attorney Michelle Parikh, who investigated and prosecuted the case.
14-140Libyan National Charged with Federal OffensesIn 2012 Attack on U.S. Special Mission and Annex in BenghaziRead the Press Release
FOR IMMEDIATE RELEASE
Tuessday, June 17, 2014WASHINGTON - Ahmed Abu Khatallah, aka Ahmed Mukatalah, a Libyan national approximately 43 years of age, has been charged for his alleged participation in the Sept. 11, 2012, attack on the U.S. Special Mission and Annex in Benghazi, Libya, which resulted in the deaths of four Americans.
“Our nation’s memory is long, and our reach is far,” said U.S. Attorney General Eric Holder. “The arrest of Ahmed Abu Khatallah represents a significant milestone in our efforts to ensure justice is served for the heinous and cowardly attack on the U.S. diplomatic facility in Benghazi. Since that attack – which caused the deaths of Ambassador J. Christopher Stevens, Sean Smith, Tyrone Woods and Glen Doherty – we have conducted a thorough, unrelenting investigation, across continents, to find the perpetrators. The arrest of Khatallah proves that the U.S. government will expend any effort necessary to pursue terrorists who harm our citizens. Khatallah currently faces criminal charges on three counts, and we retain the option of adding additional charges in the coming days. Even as we begin the process of putting Khatallah on trial and seeking his conviction before a jury, our investigation will remain ongoing as we work to identify and arrest any co-conspirators. This is our pledge; we owe the victims of the Benghazi attack and their loved ones nothing less.”
“The terrorist attacks on our diplomatic facilities in Benghazi were an affront to our nation and heartbreaking for the families of the four courageous Americans who perished that day,” said John Carlin, Assistant Attorney General for the National Security Division. “Capturing Ahmed Abu Khatallah was a critical step toward bringing him to justice, and we will not rest in our pursuit of the others who attacked our facilities and killed our citizens.”
“In July 2013, Ahmed Abu Khatallah was charged in a sealed criminal complaint in the District of Columbia for his alleged role in the attacks that resulted in the murders of four American citizens, including Ambassador Christopher Stevens, in Benghazi, Libya,” said U.S. Attorney Ronald C. Machen Jr. for the District of Columbia. “Khatallah will now face justice in an American courtroom. We remain committed to holding accountable all of those responsible for the murders of those brave U.S. citizens who were serving our country in Libya.”
The charges were announced upon the unsealing of a three-count criminal complaint. The lead count in the complaint is a death-eligible offense.
The complaint, which was filed under seal on July 15, 2013, in the United States District Court for the District of Columbia, charges Khatallah with:
-- Killing a person in the course of an attack on a federal facility involving the use of a firearm and dangerous weapon and attempting and conspiring to do the same.
-- Providing, attempting and conspiring to provide material support to terrorists resulting in death.
-- Discharging, brandishing, using, carrying and possession of a firearm during and in relation to a crime of violence.
Khatallah is in U.S. custody, and upon his arrival to the U.S. he will be promptly presented before a federal judge in Washington, D.C., and appointed counsel.
Charges contained in criminal complaints are merely allegations 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’s New York Field Office 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 National Security Division of the U.S. Department of Justice.
14-139Maryland Man Sentenced to 28 Months in Prison for Bias-Related Assault in Northeast WashingtonDefendant Struck Transgender Woman with A GunRead the Press Release
WASHINGTON – Michael Phillips, 36, of Fairmount Heights, Md., was sentenced today to 28 months in prison on charges stemming from an attack earlier this year against a transgender woman at a store in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Phillips pled guilty in March 2014, in the Superior Court of the District of Columbia, to a charge of assault with a dangerous weapon. The charge included a bias-related (hate) crime enhancement. Phillips was sentenced by the Honorable Robert I. Richter. Upon completion of his prison term, Phillips will be placed on three years of supervised release.
According to the government’s evidence, at approximately 2:40 a.m. on Jan. 27, 2014, Phillips, the victim, and the victim’s friends were customers at a convenience store in the 900 block of Eastern Avenue NE. Phillips and the victim did not know each other.
Upon seeing the victim and her friends walk into the store, Phillips stated words to the effect of, “Let me see who’s the real bitch here.” He then pointed at the victim and made a derogatory remark about her sexuality. When the victim told Phillips to leave her alone, Phillips stated words to the effect of, “Well you wasn’t born no female.”
Words were exchanged inside the store, and Phillips approached the victim, pulled a handgun from his pocket and struck her in the face with the weapon multiple times. At his plea hearing, Phillips admitted assaulting the victim with the handgun because of his prejudice based on her perceived sexual orientation and gender identity.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Richard Cheatham and Assistant U.S. Attorney Brandon S. Long, who prosecuted the matter.
14-137District Woman Pleads Guilty to Embezzling over $193,000 in Four-Year Scheme Against Charitable Organization-Used Money for Vacations, Personal Training, Other Personal Expenses-Read the Press Release
WASHINGTON – Maria Herrmann, 53, of Washington, D.C., pled guilty today in the U.S. District Court for the District of Columbia to one count of wire fraud related to her embezzlement of over $193,000 from a charitable organization from 2004 through 2008.
The guilty plea was announced by 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 is to be sentenced on Sept. 4, 2014, before the Honorable James E. Boasberg. On the wire fraud charge, she faces a maximum of 20 years in prison and a $250,000 fine. In addition, 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.
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 announcing the plea, 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.
14-138Three Gang Members Sentenced to Decades in Prison for Taking Part in Conspiracy That Led to Murders, Shootings and Other Violence-One Murder Took Place Outside A Funeral in Northwest Washington-Read the Press Release
WASHINGTON – Three members of a criminal street gang based at 14th and Girard Streets in Northwest Washington were sentenced today to decades-long prison terms on murder and other charges stemming from a conspiracy to assault, kill, and threaten their rivals and obstruct justice.
The sentences, in the Superior Court of the District of Columbia, were announced by U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department, and Robert D. MacLean, Acting Chief of the U.S. Park Police.
The defendants, all from Washington, D.C., include Robert Givens, 21; Lester Williams, 26, and Marcellus Jackson, 25. A fourth defendant, Keir Johnson, 24, will be sentenced at a later date.
The men were found guilty in March 2014, following nearly four months of trial. Givens, Johnson and Williams were found guilty of murder and other offenses. Jackson was found guilty of murder, conspiracy, assault with a dangerous weapon, and related offenses.
The Honorable Lynn Leibovitz sentenced Givens to 30 years in prison; Williams to 47 ½ years of incarceration; and Jackson to a 38-year prison term.
The 14th and Girard gang, also known as G-Rod, 1-4, and the Cut Crew, was centered in the areas of 14th and Girard and 14th and Fairmont Streets NW. The group was engaged in a longstanding conflict with rival crews, especially ones that were based in the areas of 17th and Euclid Streets NW and the 600 block of Morton Street NW. The gang’s victims included Sean Robinson, 18, who was killed in the parking lot of a school in August 2010, and Jamal Coates, 21, who was killed following a funeral in September 2010.
Givens was found guilty of second-degree murder while armed in the slaying of Mr. Robinson, as well as a charge of assault with a dangerous weapon involving a second victim shot at the scene. He also was found guilty of conspiracy, firearms offenses, and charges that he committed the crimes for the benefit of a criminal street gang.
Johnson and Williams were each found guilty of first-degree murder while armed in the killing of Mr. Coates. They also were found guilty of assault with intent to kill in the shooting of another individual in that attack, as well as assault with a dangerous weapon for firing upon a third person that day. Johnson and Williams also were found guilty of conspiracy, firearms offenses, and charges that they committed the crimes for the benefit of a criminal street gang. Finally, Johnson also was found guilty of a charge of assault with intent to kill while armed stemming from a separate attack in June 2010 in which a man was wounded.
In addition to conspiracy, Jackson was found guilty of second-degree murder in the slaying of Mr. Coates, assault with a dangerous weapon involving an attack against one of the individuals with Mr. Coates, and charges that he committed the offenses for the benefit of a criminal street gang.
According to the government’s evidence, the shootings resulted from a longstanding conflict with rival crews. The government presented evidence of these and other crimes:
June 27, 2010: Johnson chased, shot, and attempted to kill a rival crew member in the parking lot of a gas station in the 3400 block of Georgia Avenue NW.
Aug. 11, 2010: Givens and others committed the murder of Mr. Robinson, who lived in the area of 17th and Euclid Streets, as well as the shooting of two 14-year-olds who were with him while they stood together in the parking lot of a school in the 2600 block of Mozart Street NW.
Sept. 28, 2010: Johnson and Williams committed the murder of Mr. Coates, a rival crew member, near 13th and U Streets NW, during the funeral procession for a young female with family ties to the rival crew. In addition to shooting Mr. Coates, Williams and Johnson shot a second person in the attack and fired upon a third individual. Jackson provided assistance to Johnson and Williams.
After the funeral shooting, the defendants took many steps to attempt to obstruct justice and avoid prosecution, such as trying to find and locate witnesses and in the case of two of the defendants, fleeing to North Carolina.
The men were indicted in December 2011, following an investigation by the Metropolitan Police Department, the U.S. Park Police, and the Drug Enforcement Administration. Two other members of the crew earlier pled guilty to charges stemming from their violent conduct.
In announcing the sentences, U.S. Attorney Machen, MPD Chief Lanier, and Acting U.S. Park Police Chief MacLean thanked those who investigated the case from theMPD, the Park Police, and the DEA. They also expressed appreciation for the assistance provided by the U.S. Marshals Service; the FBI/MPD Safe Streets Task Force; the U.S. Postal Inspection Service; the FBI Cellular Analysis Survey Team; the FBI Digital Forensic and Analysis Section; the U.S. Secret Service Forensic Sciences Division; the District of Columbia Department of Corrections Office of Investigative Services; the District of Columbia Department of Forensic Sciences; the Washington D.C./Baltimore High Intensity Drug Trafficking Area; the Alexandria, Va. Police Department; the Marlboro County, S.C. Sherriff’s Office, and the Miami-Dade County State’s Attorney’s Office. They also acknowledged the assistance of Bruce Budowle, PhD, executive director of the University of North Texas Health Science Center’s Institute of Investigative Genetics.
They expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including former Assistant U.S. Attorneys Sharad Khandelwal and Joseph P. Cooney, who helped secure the indictment; Assistant U.S. Attorney Kacie Weston, who assisted with trial preparation; Assistant U.S. Attorneys Chrisellen Kolb and David Goodhand who assisted with legal analysis; and Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation. In addition, they acknowledged the work of Legal Assistants Kendra Johnson, Marian Russell, Sharon Newman, Kwasi Fields, Philip Aronson, and Benjamin Kagan-Guthrie; former Intelligence Analyst Lawrence Grasso; Intelligence Analyst Zachary McMenamin; Information Technology Specialist Leif Hickling; Victim/Witness Security Specialists Michael Hailey, M. Laverne Forrest, Debra Cannon, Tanya Via, and Katina Adams; Victim/Witness Advocate Marcia Rinker; and Criminal Investigators Durand Odom, Tommy Miller, Mark Crawford, and Christopher Brophy.
Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Todd Gee, Emily Miller, Laura Bach, and Deborah Sines, who prosecuted the case.
14-136District Man Sentenced to 30 Years in Prison for Shooting Three Men Outside RestaurantDefendant Sought Revenge After Fight; One Victim Left ParalyzedRead the Press Release
WASHINGTON – Matthew Bullock, 30, of Washington, D.C., was sentenced today to 30 years in prison on charges stemming from the shooting of three men in December 2012 behind a restaurant in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Bullock was found guilty by a jury of a total of 24 charges in March 2014, following a trial in the Superior Court of the District of Columbia. The jury found Bullock guilty of three counts of assault with intent to kill while armed, three counts of aggravated assault while armed, three counts of assault with a dangerous weapon, and 15 additional charges.
He was sentenced this morning by the Honorable John McCabe. Upon completion of his prison term, Bullock will be placed on 5 years of supervised release.
According to the government’s evidence, shortly after midnight, early on Dec. 3, 2012, Bullock and one of the victims were involved in a fistfight inside the Indulj Lounge, a bar/restaurant in the 1200 block of U Street NW. After the fight was broken up, Bullock was ushered out of the front door and the victims were ushered out of the back door.
Bullock hurried to his car, which was parked in front of the restaurant. He then drove to the alley behind the restaurant to intercept the man with whom he had been fighting. Once he saw the man in the alley, Bullock unleashed at least six rounds from a semi-automatic weapon, striking his intended target in the shoulder. In the barrage, Bullock also struck the two men accompanying his main target. One of these other men was struck by two bullets in the groin and leg. The final victim was struck in the back as he ran away from Bullock, and left paralyzed. Bullock fled the scene and was apprehended on an arrest warrant in January 2013.
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 acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Litigation Technology Specialists Leif Hickling and Aneela Bhatia; Victim/Witness Advocate Jennifer Clark; and Paralegal Specialists Anthony Griffith and Kalisha Johnson-Clark. Finally, he thanked former Assistant U.S. Attorneys Andrew Finkelman and Nicholas Cannon, who investigated and indicted the case, and Assistant U.S. Attorney Kevin Andrew Chambers, who prosecuted the case at trial.
14-135Virginia Man Pleads Guilty to Pandering Woman He Lured to District-Defendant Advertised Himself as Security for Fake Escort Business-Read the Press Release
WASHINGTON – John Burrell Crist, 43, pled guilty on June 10, 2014 to two felony counts of pandering for inducing and compelling a woman to engage in prostitution in various parts of the District between April 20, 2014 and April 28, 2014, U.S. Attorney Ronald C. Machen Jr. announced.
The defendant pled guilty in the Superior Court of the District of Columbia and will be sentenced by the Honorable John Ramsey Johnson on August 26, 2014. He will be facing up to ten years in prison and a fine of up to $25,000.
According to the government’s evidence, Crist posted ads on Backpage.com soliciting partners for his alleged escort business, promising to provide transportation and security for the dates in exchange for half of the profits. Enticed by one of these ads, the victim agreed to meet Crist. Crist picked the victim up from Union Station and housed her in his Alexandria home. Crist would screen the calls for “dates,” telling the victim, who was unfamiliar with the District, where she could and could not agree to go for dates, to which he would then provide the transportation. Within days, Crist turned violent against the victim, beating her, taking all of her possessions, identification, and money as she was forced to continue to prostitute. Crist came to the attention of the Metropolitan Police Department after he beat the victim in a public parking lot in the District on April 28, 2014.
In announcing the guilty plea, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department. He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the matter.
14-134District Man Sentenced to 15 Years in Prison for Armed Carjacking in Southeast WashingtonVictims Were in the Process of Moving into Apartment When AttackedRead the Press Release
WASHINGTON – Rahmil Williams, 20, of Washington, D.C., was sentenced today to 15 years in prison for his role in an armed carjacking that took place last summer outside an apartment building in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.
Williams was found guilty by a jury in February 2014 of armed carjacking, armed robbery, assault with a dangerous weapon, and related weapons offenses, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Milton C. Lee.
According to the government’s evidence, at about 12:50 a.m. on July 8, 2013, Williams and three others, all wearing masks and armed with handguns, approached two men who had parked their Ford Mustang convertible in an alley behind their new apartment in the 3500 block of B Street SE. The victims, who were in the process of moving, were bringing boxes inside.
Williams and the other assailants took the victims’ cash, phones, and keys. Three of the attackers then entered the Mustang and drove away. The victims called the police, and a short time later, officers spotted the stolen Mustang approximately ten blocks from the apartment.
When officers tried to order the car to stop, the driver of the Mustang took off, leading to a high-speed chase that reached 100 mph and into Prince George’s County, Md. With officers in pursuit, the Mustang crashed at a traffic circle, and the three assailants fled into a wooded area along the highway. Officers with the Prince George’s County Police Department apprehended Williams and a second person a few blocks away. Williams’s DNA was found in the car and on a face mask recovered from his flight path.
A 16-year-old co-defendant, who was charged as an adult, pled guilty in February 2014 to an armed robbery charge. He has not yet been sentenced.
In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department and the Prince George’s County Police Department. He also expressed appreciation for the assistance provided the District of Columbia Department of Forensic Sciences. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates James Brennan and Wanda Queen, Supervisory Victim/Witness Specialist Michael Hailey; Paralegal Specialists Richard Cheatham, Theresa Nelson, and Antoinette Sakamsa; Litigation Technology Specialist Leif Hickling; and Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation. Finally, he commended the work of Assistant U.S. Attorney Brandon S. Long, who prosecuted the case.
14-133Former District of Columbia Government Employee Sentenced to 20 Months in Prison for $783,876 Fraud SchemeDefendant Created Fake Accounts to Steal Medicaid, Food Stamp, and Other Benefits; Her Sister Also Participated in the SchemeRead the Press Release
WASHINGTON – Aretha Holland-Jackson, a former employee of the District of Columbia Department of Human Services (DHS), was sentenced today to 20 months in prison for carrying out a scheme that defrauded the government of more than $780,000 in Medicaid, food stamp, and other benefits, announced U.S. Attorney Ronald C. Machen Jr. and Blanche L. Bruce, Interim Inspector General of the District of Columbia.
Holland-Jackson, 45, of Bowie, Md., pled guilty in February 2014 in the U.S. District Court for the District of Columbia to a charge of conspiracy to commit wire fraud. She was sentenced by the Honorable Amy Berman Jackson. Upon completion of her prison term, Holland-Jackson will be placed on 3 years of supervised release. She must pay $783,876 in restitution to the District of Columbia government.
Holland-Jackson’s sister, Allison Holland, was sentenced by Judge Jackson on May 21, 2014, to a year and a day in prison for conspiracy to commit wire fraud for her role in the scheme. Holland, 47, of Cheltenham, Md., also pled guilty in February 2014. She must join her sister in paying the restitution. Upon completion of her prison term, Holland will be placed on three years of supervised release.
According to the government’s evidence, from February 2005 until September 2013, Holland-Jackson was employed as a social services representative in DHS’s Office of Medical Assistance. Her duties included processing applications for public assistance. She had access to DHS’s computer system and was able to open cases and activate benefits of Medicaid, food stamps, and Temporary Cash Assistance for Needy Families (TANF). DHS distributed food stamp and TANF benefits through an electronic benefits transfer card (EBT) that was provided to beneficiaries who qualified for assistance. These cards could be used at ATMs to withdraw the cash TANF benefits and at grocery stores to use the food stamp benefits.
From February 2011 through September 2013, Holland-Jackson and others, including her sister, participated in a scheme to defraud the benefits programs. Holland-Jackson used fictitious names and Social Security numbers to activate 23 fraudulent cases at DHS. She and others, including her sister, then used the EBT cards associated with these fraudulent accounts to make hundreds of thousands of dollars in cash withdrawals from ATMs and purchases at grocery stores. Allison Holland personally used three of the fraudulent EBTs. Holland-Jackson also activated Medicaid benefits in the 23 fraudulent cases.
All told, according to the court papers, the scheme cost the District of Columbia government at least $783,876: $196,596 in fraudulent food stamp benefits, $233,227 in fraudulent TANF benefits, and $354,053 in fraudulent Medicaid benefits, among other costs.
Holland-Jackson was arrested in September 2013 after a law enforcement investigation. On the day of her arrest, Holland-Jackson was caught having recently used one of the fraudulent EBT cards to withdraw cash TANF benefits from an ATM near her place of employment. Law enforcement officials recovered eight fraudulent EBT cards from Holland-Jackson’s wallet.
“Aretha Holland-Jackson abused her position of trust to loot government programs designed to help the neediest members of our community,” said U.S. Attorney Machen. “She lined her own pockets with nearly $800,000 intended to provide food and medicine to our most vulnerable neighbors. This prison sentence should deter other crooked public officials tempted to rip off taxpayers and deprive poor citizens to serve their own interests.”
“This successful prosecution is due to the commitment and collaboration of the Office of the Inspector General, the District of Columbia Department of Human Services, the Metropolitan Police Department, and our federal partner, the United States Attorney’s Office, to root out fraudulent schemes against District benefit programs and preserve public funding dedicated for those in need,” said Interim Inspector General Bruce.
In announcing the sentence, U.S. Attorney Machen and Interim Inspector General Bruce praised the work of those who investigated the case from the District of Columbia’s Office of the Inspector General. They also expressed appreciation for the assistance provided by the Metropolitan Police Department (MPD) and the District of Columbia Department of Human Services. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Corinne Kleinman and former Paralegal Specialist Diane Hayes. Finally, they commended the work of Assistant U.S. Attorney David Johnson, who prosecuted the case, and Assistant U.S. Attorney Diane Lucas, who assisted with forfeiture issues.
14-132Georgia Man Pleads Guilty to Federal Charges 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., pled guilty today to federal 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 guilty plea 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 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. The Honorable James E. Boasberg scheduled sentencing for September 3, 2014. Under federal sentencing guidelines, Brightwell faces a likely range of 46 to 57 months in prison and a fine of up to $75,000. Brightwell also has agreed to pay $270,667 in restitution to the National Park Service, representing the losses for the work that was not properly performed. He 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 will be dismissed as part of the guilty plea.
“Patrick Brightwell harmed the U.S. taxpayer and our nation’s capital by directing his workers to dump waste in the Potomac River,” said U.S. Attorney Machen. “Instead of fulfilling a contract to take waste from the National Mall to a disposal facility, Brightwell polluted our water by telling his employees to cut corners regardless of the damage to our environment. The prison time that Brightwell now faces is an indication of how serious we are about enforcing the Clean Water Act.”
“While he was supposed to be helping to keep the National Mall – a treasure of our national park system – clean and free of trash, Brightwell was actually directing the dumping of debris and wastewater into the Potomac River,” said Acting Assistant Attorney General Hirsch. “He now faces a stiff penalty for his callous and egregious violation of the Clean Water Act.”
“The defendant dumped untreated wastewater and debris into one of our nation’s most treasured rivers, the Potomac,” said Special Agent in Charge McLeod. “Businesses and their contractors who flout the nation's environmental laws will be held accountable. EPA and its partner agencies are committed to vigorously working together to protect the public from this type of illegal and dangerous action.”
“The guilty pleas 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 is being 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.
14-131Fokker Services B.V. Agrees to Forfeit $10.5 Million for Illegal Transactions with Iranian, Sudanese, and Burmese Entities-Company Will Pay Additional $10.5 Million in Parallel Civil Settlement-Read the Press Release
WASHINGTON – Fokker Services B.V., a Dutch aerospace services provider, has agreed to forfeit $10.5 million to the United States for conspiring to violate the International Emergency Economic Powers Act (IEEPA) by engaging in illegal transactions involving the export of aircraft parts, technologies, and services to customers in Iran, Sudan, and Burma. The company has also entered into a parallel settlement agreement with the Commerce Department’s Bureau of Industry and Security (BIS) and the Treasury Department’s Office of Foreign Assets Control (OFAC).
The announcement was made by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia (USAO-DC); Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office (FBI-WFO); and Eric L. Hirschhorn, U.S. Department of Commerce Under Secretary for Industry and Security. Today’s announcement concludes a multi-year investigation led by BIS, OFAC, FBI-WFO, ICE’s Homeland Security Investigations, the Defense Criminal Investigative Service, and the U.S. Attorney’s Office for the District of Columbia.
A criminal Information was filed today in federal court in the District of Columbia charging Fokker Services B.V. with one count of knowingly and willfully conspiring to violate the IEEPA, in violation of 18 U.S.C. § 371. Fokker Services waived the requirement of being charged by way of federal Indictment, agreed to the filing of the Information, and has accepted responsibility for its criminal conduct and that of its employees. In addition, as part of the deferred prosecution agreement reached with the U.S. Attorney’s Office for the District of Columbia, Fokker Services agreed to forfeit $10.5 million within five days of the approval of the agreement by the Court.
According to court documents, starting on or about late 2005 and ending on or about late 2010, Fokker Services violated U.S. laws by engaging in illegal transactions involving the export and re-export of aircraft parts, technology, and services to customers located in U.S.-sanctioned countries, specifically, Iran, Sudan, and Burma. Throughout this period, Fokker Services knowingly and willfully engaged in this criminal conduct, fully aware of the application of U.S. export laws, an issue which was repeatedly raised internally with the company’s management. In June 2010, Fokker Services made a disclosure of potential violations to BIS and OFAC in which the company acknowledged and accepted responsibility for its unlawful conduct.
Fokker Services’ criminal conduct included knowingly initiating, either directly or indirectly, 1,153 shipments of aircraft spare, repaired, or exchanged parts with a U.S. nexus to Fokker Services’ customers in Iran, Sudan, or Burma. Among those illegal transactions were 99 transactions involving Fokker Services’ customer, Iran Air, which was the subject of a special order from the U.S. Department of Commerce prohibiting Fokker or any third party from exporting U.S.-origin commodities to Iran Air or providing services to Iran Air. Fokker Services’ gross revenue for the shipments in violation of U.S. export control laws amounted to approximately $21 million.
“For years, Fokker Services treated U.S. export laws as inconveniences to be ‘worked around’ through deceit and trickery,” said U.S. Attorney Machen. “Today’s prosecution sends a clear message that there will be consequences for those who seek to profit from violating and circumventing U.S. trade laws.”
“Fokker Services violated the IEEPA by knowingly ignoring U.S. sanctions and engaging in illegal transactions which undermined the integrity of our national security. Today, the company has taken responsibility for their unlawful actions,” said Assistant Director in Charge Parlave. “Together with our partners at the Departments of Commerce, Treasury and Justice, the FBI will continue our efforts to safeguard U.S. interests and ensure that goods do not end up in the wrong hands.”
“The scope of today’s global settlement with Fokker Services highlights the egregious nature of the violations and points to the commitment of OEE to pursue and prosecute those responsible no matter where they are located," said Under Secretary of Commerce Hirschhorn. “OEE and our partner law enforcement colleagues will continue to use all means available to ensure that U.S. technology does not fall into the wrong hands.”
The Scheme
According to court documents, Fokker Services used a number of schemes to evade U.S. sanctions and export laws while continuing its business with customers located in U.S.-sanctioned countries and specifically designed to continue the company’s profit earnings in the sanctioned countries’ markets. Internally, Fokker Services described these as “work-arounds.”
Some examples of the work-arounds used by Fokker Services and its employees include the following: deliberately withholding aircraft tail numbers to U.S.-based repair shops, providing false tail numbers to U.S. and U.K. companies and repair shops, and stating that the parts submitted for repair by U.S.-repair shops were to be used as “stock” parts. Fokker Services engaged in this conduct as an intentional effort to conceal the company’s affiliation with customers located in U.S. sanctioned countries. On one occasion, Fokker Services provided a U.S. aerospace company with a work order that falsely represented that the aircraft part belonged to an airplane owned by a Portuguese airline when, in reality, the part actually belonged to an Iran Air aircraft. The U.S. aerospace company fixed the part and returned it to Fokker Services, who then shipped the part to Iran.
Other work-arounds were designed by Fokker Services to further the company’s efforts of continuing to engage in transactions in violation of U.S. export laws while also avoiding detection of U.S. authorities, for example, the company constructed and constantly updated a chart it called “the black list” that tracked which U.S. companies were more vigilant about export controls, and directed its business to those U.S. companies that were not on “the black list.” The company also deleted references to Iran in materials sent to its U.S. subsidiaries and U.S. repair shops. It changed an internal database that tracked parts to delete fields related to ultimate end-user information, and directed employees to hide activities and documents related to Iranian transactions when inspectors from the U.S. Federal Aviation Administration audited Fokker Services’ Dutch warehouse.
According to court documents, this conduct occurred in various business units within Fokker Services and certain policies and practices in furtherance of Fokker Services’ criminal conduct were carried out with the knowledge and approval of the company’s senior corporate managers, as well as with the knowledge of the company’s Legal and Export Compliance departments.
The Investigation
The Justice Department’s investigation of Fokker Services arose out of the company’s disclosure of potential violations to BIS and OFAC in June 2010. In its initial disclosure, Fokker Services acknowledged and accepted responsibility for its unlawful conduct. Over the next two-and-a-half years, Fokker Services conducted a vast internal investigation through outside counsel and disclosed additional violations of U.S. export laws.
Since the submission of its 2010 disclosure to U.S. authorities, Fokker Services has taken steps to enhance and optimize its sanctions compliance programs, including stopping all new business with customers located in U.S.-sanctioned countries; launching an employee disciplinary review to investigate and address the conduct of all employees, including senior management, who were involved in the apparent violations; adopting a new Export Compliance Program; and terminating relationships with sanctioned banks and closing its Iranian representative office and branch.
Fokker Services’ forfeiture of $10.5 million to the United States will settle forfeiture claims by the Department of Justice. In light of the company’s remedial actions to date and its willingness to acknowledge responsibility for its actions, the U.S. Attorney’s Office will recommend the dismissal of the Information in 18 months, provided Fokker Services fully cooperates with, and abides by, the terms of the deferred prosecution agreement.
In a related settlement announced today by the Commerce Department and the Treasury Department, Fokker Services has agreed to pay a $10.5 million civil penalty to settle charges by BIS and OFAC. The BIS settlement is subject to final review and approval by the Assistant Secretary of Commerce for Export Enforcement.
This investigation was conducted by the FBI’s Washington Field Office; the Boston and Miami offices of the BIS Office of Export Enforcement; the Washington, D.C. office of the BIS Office of Enforcement Analysis; the Boston field office of ICE’s Homeland Security Investigations; and the New Haven, Connecticut office of the Defense Criminal Investigative Service.
The prosecution is being handled by Assistant U.S. Attorney Maia L. Miller of the National Security Section of the U.S. Attorney’s Office for the District of Columbia. Former Assistant U.S. Attorneys Robert Bowman and Ann Petalas, along with Assistant U.S. Attorney George Varghese of the United States Attorney’s Office for the District of Massachusetts, also worked on the matter.
14-130Former District of Columbia Council Candidate Pleads Guilty to Conspiring to Violate D.C. Campaign Finance Laws-Campaigns Secretly Received More Than $30,000 from D.C. Businessman-Read the Press Release
WASHINGTON – Kelvin Robinson, a former candidate for the Council of the District of Columbia, pled guilty today to a felony charge for conspiring to defraud the District of Columbia’s Office of Campaign Finance by receiving and concealing campaign 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., Valerie Parlave, 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).
Robinson, 53, pled guilty in the Superior Court of the District of Columbia to a charge of conspiring to violate District of Columbia campaign finance laws by defrauding the District of Columbia’s Office of Campaign Finance. The Honorable Anita Josey-Herring scheduled sentencing for August 13. 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 Robinson faces a range of one to 12 months in prison, or, possibly, probation.
The guilty plea calls for Robinson to cooperate fully in an ongoing investigation. The charge involves contributions to Robinson’s 2010 campaigns for At-Large Member of and for the Ward 6 seat on the Council of the District of Columbia. Robinson admitted that about $33,500 was secretly channeled to his campaigns from businessman Jeffrey E. Thompson.
Thompson is the former chairman, chief executive officer, and majority owner of Thompson, Cobb, Bazilio and Associates (TCBA), a corporation that provided accounting, management, consulting, and tax services. He also is the former chairman, chief executive officer, and owner of D.C. Healthcare Systems, Inc. (DCHSI), an investment holding and for-profit corporation. Both companies generated millions of dollars in government contracts.
Thompson and five others earlier pled guilty to charges involving Thompson’s illegal contributions to numerous federal and District of Columbia campaigns. Others who have pled guilty include Eugenia C. Harris, the owner of two businesses in the District of Columbia; Lee A. Calhoun, an executive for TCBA; Stanley Straughter, the owner of a business based in Philadelphia; Vernon Hawkins, who was a volunteer advisor in 2010 for a 2010 mayoral campaign; and Troy White, the owner of a marketing company based in New York.
Another person, former District of Columbia Council member Michael A. Brown, pled guilty to charges in an unrelated bribery investigation. In those proceedings, he publicly admitted that his campaign committees had secretly received money from Thompson.
As part of Thompson’s guilty plea, on March 10, 2014, he agreed to cooperate fully in an ongoing investigation. No date has been set for his sentencing.
“Today Kelvin Robinson became the second candidate for political office to publicly admit to taking illegal campaign cash from Jeff Thompson,” said U.S. Attorney Machen. “Although Mr. Robinson conspired to engage in illicit shadow campaign activities with Mr. Thompson in 2010, he should be commended for having the courage to come forward today, save the taxpayer the cost of a trial, and own up to his illegal conduct.”
“Today, Mr. Robinson admitted to concealing in-kind contributions to his campaign for D.C. Council and filing false reports to the D.C. Office of Campaign Finance,” said Assistant Director in Charge Parlave. “Campaign finance laws are in place to ensure fairness in our elections so the people’s interests are realized. Accepting illegal contributions is unacceptable and the FBI remains vigilant to such abuse. We urge anyone with information about fraud or corruption to come forward and contact the FBI.”
According to a statement of offense submitted as part of today’s guilty plea, Robinson had two principal campaign committees in 2010. One was for an At-Large seat. Ultimately, Robinson decided instead to pursue election as the Ward 6 Council representative, and a second campaign committee was formed. Robinson did not win the Democratic primary election.
Robinson admitted that Thompson, with Robinson’s knowledge, provided in-kind contributions, financing “shadow campaigns.” Thompson channeled much of this money through Harris, according to the statement of offense. In May 2010, for example, Thompson made about $7,500 in contributions in coordination with Robinson’s At-Large campaign. Also, from May 2010 until September 2010, Thompson made about $26,000 in contributions to Robinson’s Ward 6 campaign. Among other things, the money was used to purchase yard signs, banners, posters, and t-shirts, and fund get-out-the-vote efforts, as well as to pay rent for a campaign office.
The District of Columbia Campaign Act imposes limits on the amount of money that can be contributed to a District of Columbia candidate and that candidate’s principal campaign committee. It also prohibits any person or corporation from making a contribution in the name of another, including by reimbursement. Finally, it requires principal campaign committees to file periodic reports of receipts and disbursements.
The law limits the amount that an individual or entity can contribute in the aggregate in the primary and general elections to any one candidate for At-Large member of the D.C. Council and the campaign committee of that candidate to $1,000. It likewise has a $500 limit for candidates seeking election to Ward seats and their campaign committees.
In his guilty plea, Robinson admitted that he caused his campaign committees to file false and misleading reports to the D.C. Office of Campaign Finance by concealing the excessive and unreported in-kind contributions provided directly and indirectly by Thompson.
In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, 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, Loyaan A. Egal, Ellen Chubin Epstein, Lionel André, Jonathan P. Hooks, Ephraim “Fry” Wernick and Ted Radway, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, who are prosecuting cases in the investigation.
Finally, they acknowledged the efforts of others who worked on the case from the U.S. Attorney’s Office, including Deborah Connor, Chief of the Fraud and Public Corruption Section, as well as Criminal Investigators Matthew J. Kutz, Mark Crawford, Melissa Matthews, and Durand Odom; Forensic Accountants Crystal Boodoo and Maria Boodoo; Paralegal Specialists Krishawn Graham, Tasha Harris, and Corrine Kleinman; Former Paralegal Specialists Shanna Hays and Nicole Wattelet; and Legal Assistant Angela Lawrence.
14-129Maryland Man Sentenced to Seven Years in Prison for Voluntary Manslaughter in Traffic Fatality, Admits Striking Pedestrian in Crosswalk-Driver Was Under Influence of PCP-Read the Press Release
WASHINGTON – Woodrow R. Johnson, Jr., 53, of Capitol Heights, Md., was sentenced today to seven years in prison on a charge stemming from a traffic fatality in which he struck a pedestrian while he was on PCP, U.S. Attorney Ronald C. Machen Jr. announced.
Johnson pled guilty in February 2014, in the Superior Court of the District of Columbia, to voluntary manslaughter. He was sentenced by the Honorable Rhonda Reid Winston. Upon completion of his prison term, Johnson will be placed on five years of supervised release. During that time, he must perform 50 hours of community service at a hospital or medical examiner’s office. The judge also ordered Johnson to pay $3,000 in restitution to the victim’s family and get treatment and counseling for substance abuse.
According to the government’s evidence, on Friday, Nov. 8, 2013, at about 6:10 p.m., Johnson drove his employer’s van northbound on Benning Road SE. Johnson drove at a high rate of speed and without using his headlights, although night had fallen. Johnson collided with two other cars, causing damage to those cars and injuries to their occupants, but he did not stop.
Instead, Johnson continued to speed toward the intersection of East Capitol Street. As he approached the intersection, traffic in front of Johnson waited at the red light. Johnson swerved into the opposite lanes of traffic, that is, into the southbound lanes of Benning Road, and ran the red light at East Capitol Street. As he did this, he struck and killed Shamika Smith, 24, who was a pedestrian in a crosswalk of Benning Road, crossing from east to west. Ms. Smith suffered severe blunt impact trauma and was pronounced dead on the scene.
Johnson did not slow or stop to avoid striking Ms. Smith, or after striking her. He continued to speed northbound on Benning Road, colliding with an additional three vehicles, causing damages and injuries to their occupants.
With officers from the Metropolitan Police Department following Johnson, he left the roadway and crashed through the fence of a church’s parking lot, colliding with and damaging the church’s parked van. Officers apprehended Johnson, who was still behind the steering wheel. He was disoriented and appeared to veteran officers to be under the influence of PCP. Johnson was taken to a hospital, where he admitted that he had smoked PCP before driving.
In announcing the sentence, U.S. Attorney Machen praised those who investigated the case for the Metropolitan Police Department, including members of the Major Crash Investigations Unit and the Sixth District. He also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Sandra Lane and Victim/Witness Advocate Jennifer Clark. Finally, he commended the work of Assistant U.S. Attorney Edward A. O’Connell, who prosecuted the matter.
14-126Former District of Columbia Government Employee Pleads Guilty to Stealing over $114,000 from Citizen’s Bank AccountDefendant Gained Access to Bank Information While Working at the D.C. Office of Tax and RevenueRead the Press Release
WASHINGTON - Catyondia Ballard, 48, a former employee of the District of Columbia Office of Tax and Revenue, pled guilty today to a federal charge stemming from her theft of over $114,000 from the bank account of a retired military member, announced U.S. Attorney Ronald C. Machen Jr. and Blanche L. Bruce, Interim Inspector General for the District of Columbia.
Ballard, of Bowie, Md., pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud. The Honorable Judge Rudolph Contreras scheduled sentencing for Aug. 22, 2014. Under federal sentencing guidelines, Ballard faces a likely range of 15 to 21 months of incarceration, as well as a fine of up to $40,000. Under the plea agreement, Ballard also must pay restitution to the victim. The government maintains that the victim’s losses total, at least, $114,166. Finally, Ballard is subject to an additional forfeiture money judgment.
According to the government’s evidence, Ballard became familiar with the victim through her job at the District of Columbia Office of Tax and Revenue. While there, Ballard gained access to the victim’s personal biographical information, as well as the victim’s bank account information. Using the victim’s information, Ballard began wiring funds from the victim’s bank account directly to Ballard’s account at a loan servicing company in order to pay off Ballard’s mortgage. From March 2007 through April 2010, Ballard directed a total of $114,166 of the victim’s funds to Ballard’s account without the victim’s permission.
In announcing the plea, U.S. Attorney Machen and Interim Inspector General Bruce commended the work of those who investigated the case from the District of Columbia’s Office of the Inspector General. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Corinne Kleinman, and Angela Lawrence; and Assistant U.S. Attorney Richard DiZinno, who investigated and prosecuted the matter.
14-128District Man Sentenced to 19 Years in Prison for Sexually Assaulting Stepdaughter-Defendant Bound, Gagged and Assaulted Victim-Read the Press Release
WASHINGTON – A 39-year-old man from Washington, D.C. was sentenced today to 19 years in prison on a charge that stemmed from the physical attack and subsequent sexual abuse of his wife’s 14-year-old daughter, U.S. Attorney Ronald C. Machen Jr. announced.
The defendant, who is not named here to protect the privacy of the victim, pled guilty in April 2014 in the Superior Court of the District of Columbia to one count of first-degree sexual abuse. He was sentenced by the Honorable Rhonda Reid Winston. In addition to the prison term, the defendant will be required to register as a sex offender for the rest of his life.
According to the government’s evidence, the defendant had been married to the victim’s mother for approximately two years and lived with the family in Southeast Washington. The victim referred to him as “Dad.” On March 14, 2014, while the victim’s mother and young siblings were out of the house, the defendant called her into a bedroom, where he bound, gagged and sexually assaulted her. When the defendant eventually let her go, the victim immediately texted her mother and begged her to come home. The child immediately disclosed the assault to her mother upon her arrival, and was taken to Children’s National Medical Center for treatment.
Judge Reid Winston referred to the defendant’s actions as “horrendous,” and found that he is a danger not only to his wife’s children, but also to other children in the community.
In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department. He also acknowledged the outstanding work of the Children=s Advocacy Center, and the Children’s National Medical Center, which provided critical services to the victim. He praised the efforts of those who handled the case at the U.S. Attorney’s Office, including Victim/Witness Advocate Veronica Vaughan. Finally, he acknowledged the efforts of Assistant U.S. Attorney Heide L. Herrmann, who prosecuted the matter.
14-127Three District Men Found Guilty of Federal Charges for Taking Part in Robbery ConspiracyArrests Followed Undercover InvestigationRead the Press Release
WASHINGTON – Pablo Lovo, 26, Joel Sorto, 24, and Yonas Eshetu, 28, all of Washington, D.C., have been found guilty of conspiracy to interfere with interstate commerce by robbery, announced U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD) and Charles E. SmithSpecial Agent in Charge of the Washington Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
In addition, Lovo and Sorto were found guilty of a related firearms offense. The jury verdicts were returned May 28, 2014, following a trial in the U.S. District Court for the District of Columbia. The Honorable Rosemary M. Collyer scheduled sentencing for Sept. 12, 2014. All three defendants face up to 20 years in prison and potential financial penalties. The Court ordered that the three men be held without bond pending their sentencing.
According to the government’s evidence, from mid-August to early September of 2013, members of the Metropolitan Police Department’s Narcotics and Special Investigations Division and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, Washington Field Division, conducted an undercover investigation of the defendants, who conspired to rob a fictitious narcotics dealer/business owner. Lovo was the initial primary target of the investigation.
During that time, five meetings took place in the District of Columbia in which some and/or all of the defendants met with an undercover officer who purported to be working with them on the robbery plans. An undercover agent attended one meeting.
On Sept. 5, 2013, the day of the planned robbery, the three defendants and two other co-conspirators arrived at a target location in one automobile and further discussed the details of the armed robbery and the roles of each co-conspirator. Prior to executing the robbery, the defendants were arrested by the undercover officers. A search of the automobile that the defendants had arrived in yielded three 9 mm firearms, three gun magazines, which contained a total of 44 rounds of 9 mm ammunition, and two machetes that were to be used in the robbery.
The two other co-conspirators, Raul A. Cruz, Jr., 28, and Ariel Flores, 22, both of Washington, D.C., previously pled guilty to conspiracy to interfere with interstate commerce by robbery. They are awaiting sentencing.
In announcing the verdicts, U.S. Attorney Machen, Chief Lanier, and Special Agent in Charge Smith commended the actions of the Metropolitan Police Department officers and ATF Special Agents who worked on the investigation and prosecution of this case. They also commended the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Candace Battle, Catherine O’Neal, and Kim Hall; Legal Assistants Tammy Scott, Priscilla Hutson, and LaToya Wade; Information Technology Specialists Kimberly Smith, Thomas Royal, Anisha Bhatia, and William Henderson; Victim/Witness Specialists M. Laverne Forrest and Debra Cannon; Victim/Witness Supervisor Michael Hailey, and Criminal Investigator Duncan Templeton.
Finally, they praised the efforts of Assistant U.S. Attorneys Emory V. Cole and Karla-Dee Clark, who investigated and prosecuted the case.
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