District of Columbia

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
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.

14-146

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
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.

14-146

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.

14-145

     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.

14-143

            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.

14-144

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.

14-141

     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.

14-140

FOR IMMEDIATE RELEASE
Tuessday, June 17, 2014

     WASHINGTON - 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.

14-139

 

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.

14-137

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.

14-138

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.

14-136

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.

14-135

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.

14-134

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.

14-133

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.

14-132

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.

14-131

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.

14-130

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.

14-129

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.

14-126

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.

14-128

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.

14-127

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.

14-123

WASHINGTON - The government has filed a complaint against CA Inc. (CA) for violations of the False Claims Act in connection with a General Services Administration (GSA) contract, the Justice Department announced today.  CA manufactures and sells information technology products and is headquartered in Islandia, New York.

     “We expect companies that do business with the government to comply with their contractual obligations,” said Assistant Attorney General of the Justice Department’s Civil Division Stuart F. Delery. “As this case demonstrates, we will take action against those who seek to abuse the government’s procurement process.”       

     “Too many federal contractors think they can get away with overcharging the government,” said U.S. Attorney Ronald C. Machen Jr.  “Our complaint alleges that CA broke its promise to give the government the discounts promised under the contract, as well as the same prices it was giving commercial customers.  We look forward to vigorously pressing these claims in court and recovering every dollar that is owed to the American taxpayer.”

     In September 2002, CA entered into a GSA contract to provide software licenses, software maintenance, training and consulting services to various government agencies.  The government’s complaint alleges that, since at least 2006, CA knowingly overcharged the government for software licenses and maintenance in various ways.  For example, the government alleges that CA provided incomplete and inaccurate information to GSA contracting officers during negotiation of contract extensions.  At the time CA negotiated these extensions, applicable regulations and contract provisions required CA to fully and accurately disclose how it conducted business in the commercial marketplace, so GSA could use that information to negotiate a fair price for government customers.  The government also alleges that CA failed to truthfully update its discounting practices during the life of the GSA contract.  CA repeatedly certified to GSA that its discounting policies and practices had not changed, when in fact its discounts to commercial customers had increased.

     The government’s complaint also alleges that, since 2002, CA failed to apply properly the contract’s price reduction clause.  The contract required CA to monitor discounts to certain commercial customers, compare these discounts to the discounts given to the government and, if the commercial discounts were higher, pass on those higher discounts to the government.  The government alleges that CA failed to make those comparisons or, when it did make such comparisons, failed to do so correctly, resulting in the government overpaying for CA’s information technology. 

     CA’s contract is a Multiple Award Schedule (MAS) contract.  Under the MAS program, GSA pre-negotiates prices and contract terms for subsequent orders by federal agencies.  Agencies that purchase under CA’s contract include the Department of Defense, the Department of Energy, the Department of Health and Human Services and the Department of Labor. 

     “Companies doing business with the federal government on a GSA schedule must disclose current, accurate, and complete commercial discounts, so that GSA can get the best prices on behalf of American taxpayers,” said GSA Acting Inspector General Robert C. Erickson.  “We will continue to investigate all allegations indicating that the federal government may have been overcharged by a contractor.”

     Some of the allegations that are the subject of the government’s complaint were filed in a lawsuit originally brought by Dani Shemesh, a former employee of CA Israel Ltd., under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government and to share in any recovery.  The Act also authorizes the government to intervene and assume primary responsibility for litigating the lawsuit, as the government has done in this case.  The government had previously notified the court that it intended to join in Shemesh’s lawsuit and file its own complaint. 

     This investigation reflects a coordinated effort among the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the District of Columbia and the GSA’s Office of Inspector General.

     The qui tam case is captioned United States ex rel. Dani Shemesh v. CA Inc., No. 09-1600 (D.D.C.).  The complaint filed by the government contains allegations only; there has been no determination of liability.

14-124

WASHINGTON – Michael A. Brown, a former member of the Council of the District of Columbia, was sentenced today to 39 months in prison for carrying out a scheme in which he accepted a total of $55,000 in a series of meetings with undercover FBI agents posing as officials of a company that purportedly wanted to win government contracting opportunities.

     The sentencing 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).

     Brown, 49, pled guilty to a federal bribery charge in June 2013 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Chief Judge Richard W. Roberts. The plea agreement called for Brown to pay a money judgment of $35,000 in forfeiture, covering the amount of money he collected before confronted by law enforcement. Upon completion of his prison term, Brown will be placed on two years of supervised release; during that time, Chief Judge Roberts ordered that he perform 200 hours of community service.

     Brown was the third member of the Council of the District of Columbia to plead guilty within the past three years to federal charges involving crimes committed while they were in office. Harry L. Thomas Jr., who represented Ward 5, pled guilty in January 2012 to federal theft and tax charges in a scheme in which he used more than $350,000 in taxpayer money for his own personal benefit. Kwame R. Brown, the Council’s former Chairman, pled guilty in June 2012 to a federal charge of bank fraud, involving two personal loans, and a second criminal charge involving a violation of the District of Columbia’s campaign finance laws.

     The charge against Michael A. Brown involved a scheme in which he admitted taking the cash payments in return for his assistance in winning the District of Columbia government’s approval for a company that was seeking to be classified as a Certified Business Enterprise, a designation that would create potentially lucrative business opportunities; Brown also agreed to help the company with government contracting opportunities.

     Also, in two separate schemes, Brown admitted concealing the true source of $20,000 that was secretly contributed to his failed bid in 2007 for a seat on the District of Columbia Council and over $100,000 that was secretly contributed to his successful bid in 2008 for a seat on the District of Columbia Council. Under the plea agreement, Brown will not be criminally prosecuted for this conduct.

     “Rather than wielding his political power to serve the citizens of the District of Columbia who voted for him, Michael Brown exerted his influence on behalf of purported contractors who were willing to line his pockets with hundred-dollar bills,”said U.S. Attorney Machen. “Brown’s decision to auction off the public trust was especially disappointing because of his enormous potential to stand as a bright light for the residents of this city.  His term of incarceration will hopefully serve as an admonition to other public officials who are considering betraying their oath of office for fast cash.”

     “In a shame to his oath of office and his duty to the District of Columbia, Mr. Brown took $55,000 in bribes and evaded campaign finance laws,” said Assistant Director in Charge Parlave. “Today’s sentence demonstrates that no one is above the law. Together with our law enforcement partners, the FBI will continue to investigate public officials who abuse the public trust and use their office to commit illegal acts.”

**

     Brown was elected as an At-large member of the District of Columbia Council in 2008 and took office in January 2009. He left office on Jan. 2, 2013, following his defeat last November for re-election. Brown then launched a bid to win another At-large Council seat in a special election scheduled for April 23, 2013. However, he withdrew his candidacy on April 2, 2013, less than three weeks after he was confronted by law enforcement in the bribery scheme.

Bribery Scheme:

     According to a statement of offense signed by the government as well as the defendant, Brown’s At-large Council duties included acting as Chair of the Committee on Economic Development and Housing. The committee is responsible for matters related to economic, industrial and commercial development. The bribery scheme focused largely on a special program run by the District of Columbia government to help its small local businesses become economically viable: the Certified Business Enterprise (CBE) program.

     Status as a CBE carries preferential procurement and contracting opportunities. To be eligible for this designation, businesses must meet certain requirements and be certified by the District of Columbia’s Department of Small and Local Business Development (DSLBD).

     Prior to July 11, 2012, Brown had discussions about obtaining assistance of $50,000 to $75,000 for Brown from a government contractor.  Brown expected to assist the government contractor with its business if the contractor provided such financial assistance to Brown.

     These discussions led to a series of meetings with two undercover FBI agents, posing as employees of a Maryland company that wanted CBE approval and contracting opportunities.  Between July 2012 and March 2013, Brown met in person with one or both of the undercover agents a total of eight times. He was in contact with one of the undercover agents on more than 30 separate days, in person, by phone, or by text, frequently seeking payment, in whole or in part, for the efforts he was making on the company’s behalf.

     Over the months, Brown made calls on the company’s behalf to the director of the Department of Small and Local Business Development, introduced the undercover agents to a contractor at a symposium he sponsored, and took other actions meant to speed through the company’s attempts to win approval as a CBE. He continued these efforts even after his defeat in the November 2012 election. In January 2013, the Department of Small and Local Business Development did a site visit for the company’s application.

     Brown accepted a total of $55,000 in five of the meetings. The final meeting was March 14, 2013, in which he accepted a $20,000 payment.

     The company subsequently withdrew its CBE application.

Campaign Finance Scheme:

     In the spring of 2007, Brown was a candidate in a special election for the Ward 4 seat on the D.C. Council. Around that time, he met with business owner Jeffrey E. Thompson about obtaining funding for his campaign.

     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 have pled guilty to charges involving Thompson’s illegal contributions to numerous federal and District of Columbia campaigns.  

     In seeking the contribution in 2007, Brown understood that Thompson would not contribute in a public manner because certain business activities required support for other candidates, based on various political dynamics.

     Brown understood that the contribution from Thompson would be publicly disclosed as having been contributed in the name of another person. He also understood from his discussion that it would exceed the limits on the amount that an individual could contribute to a political campaign committee. At the end of the meeting, “Thompson told Brown that Brown would hear from somebody to arrange the contribution.

     Following this meeting, Brown was contacted by Eugenia C. Harris, another business owner, in the District of Columbia. Then, as agreed upon by Brown, Harris and Thompson a series of bank transfers began taking place. Brown understood that a total of $20,000 originated from Thompson. Harris sent two wire transfers, of $10,000 each, to Brown’s personal bank account. Brown, in turn, contributed the funds to his campaign.

     Brown subsequently caused the campaign committee to file a form with the D.C. Office of Campaign Finance that publicly disclosed that Brown made an individual contribution of $25,000 to his political campaign committee, which Brown knew disguised the fact that Thompson was the source of most of this money.

     Harris pled guilty in July 2012 to charges in the investigation.

     Following Brown’s guilty plea, additional evidence was discovered about the extent of the contributions that Thompson secretly made to Brown’s successful campaign in 2008 for a seat on the District of Columbia Council. Brown admitted to this activity in an amended statement of offense filed in February 2014.

     Among other things, Brown admitted that after losing the Ward 4 seat in 2007, he decided to enter the election for an At-large seat on the D.C. Council in 2008. Brown once again met with Thompson, who in October 2008 secretly channeled more than $100,000, through Harris, for a get-out-the-vote effort. Brown subsequently won the election for the Council seat.

     In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave, and Special Agent in Charge Kelly commended those who investigated the case for the FBI and IRS-CI.

     They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michael K. Atkinson, David A. Last, and Bryan Seeley of the Fraud and Public Corruption Section, and Assistant U.S. Attorney Anthony D. Saler, of the Asset Forfeiture and Money Laundering Section.  Finally, they expressed thanks for assistance provided by Forensic Accountant Maria Boodoo; Paralegal Specialists Tasha Harris and Krishawn Graham, and Legal Assistant Angela Lawrence.

14-125

WASHINGTON – Herman Curtis Malone, 45, of Upper Marlboro, Md., was sentenced today to 100 months in prison for his role in a network that distributed substantial quantities of cocaine and heroin in the Washington, D.C. area.

     The sentencing, in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Ronald C. Machen Jr. and Karl C. Colder,Special Agent in Charge of the Washington Division Office of the Drug Enforcement Administration (DEA).

     Malone pled guilty in March 2014 to a charge of conspiracy to distribute and possess with intent to distribute cocaine and heroin.  He was sentenced by the Honorable Ellen S. Huvelle. Upon completion of his prison term, Malone will be placed on five years of supervised release; during that time-frame, he must perform 75 hours of community service each year. Malone also must pay a forfeiture money judgment of $150,000.

     Malone, who helped run youth basketball programs, had been convicted of a narcotics offense during the 1990s in Prince George’s County, Md.  He was arrested on the current offenses on Aug. 9, 2013, following a DEA Group-43 Cross-Border-Task-Force investigation.

     Three others have pled guilty to charges in the case. Clarence Redd, 35, of Washington, D.C., pled guilty to a charge of distribution of heroin that took place in August of 2012. He was sentenced to a 90-month prison term. Derico Williams, 36, of Silver Spring, Md., and Stephen Williams, 30, of Washington, D.C., pled guilty to a charge of conspiracy to distribute and possess with intent to distribute cocaine. Both men are awaiting sentencing; they are not related.

     Another defendant, Micah Jerry Bidgell, 47, of Washington, D.C., is a fugitive.

     According to the government’s evidence, Malone himself conspired with others from August 2012 to August 2013 to distribute cocaine and heroin in the Washington, D.C. area.  Malone acknowledged that as part of the conspiracy he was responsible for at least five kilograms of cocaine and at least 100 grams of heroin. 

     On Aug. 9, 2013, the DEA found a loaded .40-caliber handgun in the upstairs bedroom of Malone’s home in Upper Marlboro.  Downstairs in the basement, agents found 998.5 grams of cocaine and 81.2 grams of heroin; a bag of .40-caliber ammunition; and cocaine residue in a sink and trash can.  Malone, as someone who had been previously convicted in 1991 of a felony offense for possession with intent to distribute cocaine in Prince George’s County, Md., was not lawfully able to possess a firearm.

     “Curtis Malone had the opportunity to be a positive role model for young people, but with today’s prison sentence, he becomes a cautionary tale,” said U.S. Attorney Machen. “The lesson is simple: peddling drugs and toting guns will put you behind bars.  We hope that young people who see Malone’s fate will steer clear of the lifestyle that led to his downfall.”

     “The cloak that Curtis Malone wore for more than two decades has been removed and a man who was once entrusted with his community's most valuable assets, its children, will no longer live freely in the community that he was covertly destroying,” said Special Agent in Charge Colder “DEA has assured that Mr. Malone will pay a dear price for dealing heroin and cocaine on the streets of the District, all the while touting himself as a mentor to children. As a father, I cannot think of anything worse in life than being entrusted the future of our youth and abusing that privileged as Mr. Malone has clearly done.”

     In announcing the sentence, U.S. Attorney Machen and Special Agent in Charge Colder commended the work of those who investigated the case for the DEA. They also expressed appreciation to the Metropolitan Police Department (MPD), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Prince George’s County Police Department, the Maryland State Police, and the Maryland Park Police. Assistance was provided by the Organized Crime Drug Enforcement Task Force (OCDETF).

     U.S. Attorney Machen and Special Agent in Charge Colder also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialists Rommel Pachoca, Starla Stolk, Candace Battle, Teesha Tobias, Regan Gibson, Kim Hall and Mary Downing; former Paralegal Specialist Jeremy Stoller; Legal Assistants Jessica Moffatt, Tammy Scott, Latoya Wade, and Diane Brashears, and former Legal Assistant Niya Attucks. They recognized the work of Assistant U.S. Attorneys Allessandra Stewart, Zia Faruqui, and Arvind K. Lal, of the Asset Forfeiture and Money Laundering Section. Finally, they commended the efforts of Assistant U.S. Attorneys Stephen J. Gripkey, Darlene M. Soltys, and Nihar R. Mohanty, as well as former Assistant U.S. Attorney Michelle Zamarin, of the Violent Crime and Narcotics Trafficking Section, who investigated and prosecuted the case.

14-122

WASHINGTON – Quamain Jacks, 23, of Hyattsville, Md., was sentenced today to a nine-year prison term on charges stemming from an attack in January 2013 against a woman near a Metro station in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Jacks, also known as Kwamane Jacks, was found guilty by a jury in February 2014, following a trial in the Superior Court of the District of Columbia, of felony threats, kidnapping, misdemeanor sexual abuse, simple assault and malicious destruction of property. He was sentenced by the Honorable William M. Jackson. Upon completion of his prison term, Jacks will be placed on five years of supervised release.

     According to the government’s evidence, Jacks accosted the 26-year-old victim in the early evening hours of Jan. 17, 2013, as she was walking home from the Brookland Metro station in Northeast Washington. Jacks, a stranger, ran up behind her and grabbed her buttocks.  The victim turned, faced Jacks, pushed him off her, and kept walking. 

     About two blocks later, Jacks approached the victim again, asked her if she “wanted to die” and began dragging her behind a line of trees.  He punched her repeatedly, breaking her glasses.  He then put his hand over her mouth to keep her from screaming as he straddled her and ran his hand along the rim of her tights.  She bit him as a result. 

     Two students from Catholic University came to the victim’s rescue and chased Jacks off of the victim. After getting the victim into their home across the street from the scene of the crime, these Good Samaritans noticed a man who looked like the attacker, outside in the area near the front of their home.  They asked the victim to look out at him and she immediately recognized the defendant as the man who attacked her both times.  Jacks was subsequently arrested.

     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 Victim/Witness Advocates Tracey Hawkins and Katina Adams-Washington; Paralegal Specialist Tiffany Jones; members of the Litigation Technology Unit, and Assistant U.S. Attorney Kenya K. Davis, who prosecuted the matter.

14-120

WASHINGTON - Jonathan Dawkins, 32, of Washington, D.C., was found guilty by a jury today of voluntary manslaughter while armed in the stabbing of a man in May 2012 in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     The verdict was returned in the Superior Court of the District of Columbia, following a three-day trial. The Honorable Russell F. Canan scheduled sentencing for Aug. 8, 2014. Dawkins faces a statutory maximum of 30 years in prison.

     According to the government’s evidence, on May 1, 2012, at about 2:15 a.m., the victim, Dwayne Brisbon, 33, was stabbed to death in the 400 block of Florida Avenue NW.  Mr. Brisbon, a CT scan technician at Washington Hospital Center, was on his way home from Marvin, a bar and restaurant in the 2000 block of 14th Street NW. On his way home, Mr. Brisbon pulled his car over to check on a person he recognized from the establishment.

     Dawkins, who was walking with the person, became upset and aggressively approached Mr. Brisbon’s car.  Dawkins began arguing with Mr. Brisbon.  Mr. Brisbon eventually got out of his car and walked to the rear of the car, where Dawkins met him.  Mr. Brisbon punched Dawkins, and the two continued to fight.  During the fight, Dawkins stabbed Mr. Brisbon in the upper left bicep and the neck, piercing his carotid artery and jugular vein. 

     Dawkins then fled the scene while Mr. Brisbon got back in his car in an attempt to drive himself to the hospital.  Mr. Brisbon lost consciousness within seconds, and crashed into Shaw’s Tavern in the 500 block of Florida Avenue NW.  Surveillance video from Shaw’s Tavern captured the defendant and the person who was with him just minutes before the murder. 

     In announcing the verdict, U.S. Attorney Machen commended the work of members of the Metropolitan Police Department, who investigated the case.  U.S. Attorney Machen also thanked those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Mia Beamon and Kelly Blakeney; Victim/Witness Services Coordinators La June Thames and Katina Adams-Washington; Litigation Support Specialist Kimberly Smith; Criminal Investigator Durand Odom; and Victim Witness Specialist Tamara Ince.   Finally, U.S. Attorney Machen expressed appreciation for the work of Assistant U.S. Attorneys Holly Shick and Veronica Sanchez, who prosecuted the case.

14-121

WASHINGTON – Sosefina Amoa, 26, formerly of Samoa, was sentenced today to four years in prison on a charge of voluntary manslaughter stemming from the death of her infant son at a convent in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Amoa pled guilty to the charge in February 2014 in the Superior Court of the District of Columbia. She was sentenced by the Honorable Robert E. Morin. Upon completion of her prison term, Amoa will be placed on five years of supervised release. She also is subject to deportation proceedings.

     According to a proffer of facts presented at the plea hearing, Amoa arrived in the United States from Samoa on Oct. 5, 2013. She then entered a program to become a member of the Little Sisters of the Poor, an international congregation of Roman Catholic women who provide worldwide service to the elderly poor. She was considered a “Postulant,” a person who wanted to be admitted into a religious order. Amoa moved into the Little Sisters of the Poor’s convent in Northeast Washington, where she was to reside for five months while she received religious classes, learned doctrine, experienced prayer and community life, and cared for residents.

     On Oct. 10, 2013, Amoa asked to be excused from her duties and went to her room. The baby was born in Amoa’s room that morning. Amoa cleaned the room in what authorities determined was an attempt to hide the birth of the child.

     The following morning, Oct. 11, 2013, Amoa contacted one of the Sisters and took her to her room, where she showed her the baby. The Sister knew that the infant was dead.

     Amoa gave conflicting accounts to the Sisters and police about what happened. Ultimately, on Oct. 16, 2013, she told detectives with the Metropolitan Police Department (MPD) that, after she gave birth to the child, the baby fell to the floor. She said that she got on the floor next to the baby, not knowing what to do, and that she was afraid that someone would hear crying and learn of her pregnancy. According to Amoa, she then placed a wool garment over the baby’s nose and mouth and applied pressure with her hand for two to three minutes.

     The District of Columbia Office of the Medical Examiner determined that the cause of death was asphyxia. The infant was a fully developed, full-term baby, born alive. There was evidence in the lungs that the baby had cried and had been alive before being asphyxiated. Additionally, there was bruising and scratches to the infant’s nostrils.

     In announcing the sentence, U.S. Attorney Machen commended the work of the detectives, officers, and others who investigated the case from the Metropolitan Police Department. He also expressed appreciation to the District of Columbia Office of the Medical Examiner and the District of Columbia Department of Forensic Sciences for assistance in the investigation. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kelly Blakeney, Victim/Witness Advocates Marcia Rinker and Lorraine Chase, and Assistant U.S. Attorney Cynthia G. Wright, who prosecuted the case.

14-119

WASHINGTON – Sakinah Smith, 26, of New York, N.Y., pled guilty today to a federal charge stemming from a pair of schemes, including one in which she used stolen personal identification information to collect more than $80,000 in fraudulent unemployment benefits, and another in which she stole more than $50,000 from a former employer.

     The 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; Bill Jones, Special Agent in Charge for the Washington Regional Office of the U.S. Department of Labor’s Office of Inspector General - Office of Labor Racketeering and Fraud Investigations, and Blanche L. Bruce, Interim Inspector General for the District of Columbia.

     Smith pled guilty in the U.S. District Court for the District of Columbia to one count of wire fraud. The Honorable Senior Judge Thomas F. Hogan scheduled sentencing for Aug. 27, 2014. The charge carries a statutory maximum of 20 years in prison and financial penalties. Under federal sentencing guidelines, the parties have agreed that Smith faces a likely range of 21 to 27 months of incarceration and a fine of up to $50,000. She also has agreed to make full restitution and to pay an additional $15,246 as a forfeiture money judgment.

     According to a statement of offense filed as part of the guilty plea, Smith created an events planning service in 2009 in Washington, D.C. She created a website for “Saki Mone Events Management” and posted employment advertisements on Craigslist. Potential applicants were asked to provide personal information, including dates of birth and social security numbers.

     Smith then used this personal information to fraudulently request unemployment benefits in the names of 17 individual applicants. Between 2009 and 2012, Smith obtained $80,111 in fraudulent unemployment benefits from the District of Columbia, Maryland and New York. The benefits, in the names of the 17 applicants, were deposited into Smith’s own financial accounts.

     In a second scheme, Smith admitted that she fraudulently wired about $52,174 from an employer’s bank account to accounts she created for herself. This activity took place from November 2009 through May 2010, while Smith was working for a temporary employment agency in Washington, D.C.

     In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, Special Agent in Charge Jones, and Interim Inspector General Bruce commended the work of those who investigated the case from the FBI’s Washington Field Office, the Labor Department’s Inspector General’s Office, and the District of Columbia Office of the Inspector General. They also thanked the New York State Department of Labor – Office of Special Investigations; the Maryland Department of Labor, Licensing and Regulation – Division of Unemployment Insurance; the Virginia Employment Commission; the District of Columbia Department of Employment Services, and the Burlington, N.C. Police Department for providing assistance in the investigation.

     They acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo and Angela Lawrence, Intelligence Specialist Sharon Johnson, and Assistant U.S. Attorney Diane Lucas, who assisted on forfeiture issues. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Philip A. Selden, who is prosecuting the matter.

14-118

WASHINGTON – Matthew Scanlon, 31, of Pasadena, Md., was sentenced today to 51 months in prison on charges of traveling interstate to engage in illicit sexual conduct with a minor and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD). 

     Scanlon pled guilty to the charges in February 2014 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Rudolph Contreras. Upon completion of his prison term, Scanlon will be placed on 10 years of supervised release.

     According to the government's evidence, on July 10, 2013, Scanlon 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, Scanlon engaged in e-mail and text message conversations with the undercover officer, whom the defendant believed was the father of an under-aged girl. During this period of time, Scanlon arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child.

     During the course of their communications, Scanlon also sent the undercover officer one still image and two videos of child pornography.  On July 16, 2013, Scanlon traveled from Maryland to a pre-arranged meeting place in Washington, D.C.  When he arrived at the meeting place, he was arrested.  Pursuant to a search of an external hard drive seized from the defendant’s residence, law enforcement recovered approximately 225 additional 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.  Project Safe Childhood is a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute those who exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

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

14-117

WASHINGTON – Howard E. Person, Jr., 36, of Washington, D.C., pled guilty today to fraud charges stemming from his embezzlement of $3 million from a small business in the District of Columbia, using his employer’s money for the purchase of a house, trips to casinos in Las Vegas and Atlantic City, and other personal expenses.

     The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and Kathy A. Michalko, Special Agent in Charge, Washington Field Office, U.S. Secret Service.

     Person pled guilty in the U.S. District Court for the District of Columbia to Interstate Transportation of Money Taken by Fraud.  The Honorable Reggie B. Walton scheduled sentencing for August 8, 2014.  Under federal sentencing guidelines, Person faces a likely range of 46 to 57 months in prison.  As part of his plea, person must pay $3.2 million in restitution.

     According to the government’s factual proffer, Person was hired to be the Finance Director of a small business in the District of Columbia.  As the Finance Director, Person managed and maintained all of the financial accounts and records for the company.  He was responsible for and oversaw the company’s payroll, accounts receivable, accounts payable, invoices, bank accounts, loans, and expense payments.  From March 2008 to September 2011, Person diverted money from the company to another account which he exclusively controlled in order to embezzle money from the company.  He accomplished the theft by opening a bank account in the name of the company but with himself as the sole person with authority to conduct financial transactions on the account.  The owner of the company was not aware of this account and did not authorize Person to maintain a company account solely in his exclusive control. 

     Person then obtained payment checks which had been mailed or delivered from the company’s clients for payment of work performed; instead of depositing the checks into the authorized company bank account, Person caused them to be deposited into the secret account over which he had exclusive control.  Person arranged for clients to make electronic payments to the secret account instead of the authorized account for work performed by the company.

     Person also arranged for a finance company to send money to the secret account through its system of financing Accounts Receivable for expected payments for work performed by the company, without the knowledge and permission of the owner.

     Through this method of depositing checks, diverting client payments, and financing loans, Person obtained in the secret account approximately $6,545,000, which was due and owing the company.

     In order to conceal the theft, Person transferred approximately $3,336,000 from the secret account to the company-authorized account and at times paid legitimate company expenses.  He also used fake invoices substantially underreporting the amounts of money due and owing to the company.  In this way, Person was able to trick the owner into believing that the amounts of deposits into the authorized account matched the incoming money as reflected on the fake invoices.

     Person also obtained debit cards on the secret account enabling him to charge goods and services to be paid by the money in the secret account which was funded by money he stole from the company.  Person spent the $3,209,000 in stolen money for his own personal business and enjoyment, including: purchasing his home in the District of Columbia, in an amount in excess of $340,000; paying for trips to Las Vegas, Atlantic City, Miami, the Dominican Republic, and Hawaii; transferring money into his personal bank account and into his side-line business account; funding parties and shows; and causing withdrawals of over $55,000 in cash from ATMs and over $35,000 in debit card purchases at casinos in Las Vegas and Atlantic City.

     In announcing the plea, U.S. Attorney Machen, Chief Lanier, and Special Agent in Charge Michalko expressed appreciation for the work performed by MPD detectives from the Financial Crimes and Fraud Unit as well as by the Special Agents and financial analysts from the U.S. Secret Service. They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Criminal Investigator Juan Juarez, Paralegal Specialists Donna Galindo and Corinne Kleinman, Assistant U.S. Attorneys Christopher Kavanaugh and Anthony Saler, former Assistant U.S. Attorney Mary Chris Dobbie, and Assistant U.S. Attorneys Virginia Cheatham and Bryan Seeley, who are prosecuting the case.

14-116

WASHINGTON – Arvel Crawford, 23, of Washington, D.C., was sentenced today to 75 years in prison on first-degree murder, second-degree murder, and related weapons charges for the slayings of two people in 2008, U.S. Attorney Ronald C. Machen Jr. announced.

     Crawford was found guilty by a jury in February 2014, following a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Jennifer Anderson.

     At trial, the government’s evidence established that on Aug. 14, 2008, at about 10 a.m., Crawford snuck up on Johnquan Wright, 18, in front of a building in the unit block of K Street NW and shot him multiple times in the back.  One of the shots went through Mr. Wright and hit and killed Nolan Cooper, 61, an innocent bystander.  In the months preceding the murders, a dispute had arisen between two groups of young men in the Sursum Corda neighborhood, leading to multiple homicides. Crawford and Mr. Wright were on opposite sides of this dispute.   

     In a separate case, Crawford is serving an 18-year prison sentence for killing his father on Dec. 1, 2009 in a robbery conspiracy gone awry. Today’s sentence runs consecutively to the prison time in that case.

     In announcing the sentence, U.S. Attorney Machen commended the work of the detectives, officers, and evidence technicians who investigated the case for the Metropolitan Police Department. He also expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Meridith McGarrity and Kwasi Fields; Victim/Witness Advocate Tamara Ince; Intelligence Specialist Zachary McMenamin, and Litigation Technology Specialists Anisha Bhatia and Paul Howell.       

     Finally, he acknowledged the work of Assistant U.S. Attorney Laura Bach, who investigated the case, and Assistant U.S. Attorneys Magdalena Acevedo and Glenn Kirschner, who prosecuted the case at trial.

14-113

WASHINGTON – Merle Watson, Jr., 57, of Washington, D.C., was sentenced today to a 73-year prison term on charges stemming from the 2009 killing of a man during a kidnapping and robbery, U.S. Attorney Ronald C. Machen Jr. announced.

     Watson and co-defendants Keith Logan and Paul Ashby were found guilty by a jury in August 2013 of first-degree murder while armed, with aggravating circumstances, conspiracy, kidnapping while armed, armed robbery, and weapons offenses. Logan also was found guilty of assault with intent to kill while armed, aggravated assault while armed, and mayhem while armed, for shooting a potential witness on the night of the murder. The verdicts followed several weeks of trial in the Superior Court of the District of Columbia.

     The Honorable Herbert B. Dixon, Jr. sentenced Watson today. Logan and Ashby, also of Washington, D.C., were sentenced in April 2014 by Judge Dixon. Logan, 52, was sentenced to life in prison with no possibility of release, and Ashby, 51, to a 90-year prison term.

     According to the government’s evidence, Watson, Logan, and Ashby conspired to kidnap and rob Carnell Bolden, 36. They lured Mr. Bolden into Logan’s residence in the unit block of W Street NW during the early evening hours of Dec. 30, 2009. After beating him unconscious and tying him up, the defendants then went to get Mr. Bolden’s car, which was parked on the block.

     Watson, Logan, and Ashby then discovered that Mr. Bolden’s girlfriend was sitting in the car.  Fearing she would be a witness against them because she might know where Mr. Bolden was going when he left the car, they then decided to kill both of them.

     Ashby drove Mr. Bolden, tied up and unconscious, to the 3000 block of Park Drive SE, where he dragged him into a wooded area adjacent to that block.  He then shot Mr. Bolden twice at close range with a .38 or .357-caliber handgun, killing him.

     While Ashby was on the way to Southeast Washington with Mr. Bolden, Logan approached Mr. Bolden’s girlfriend as she sat in her car.  He stood outside the driver’s window and shot her four times with a nine-millimeter handgun. She was rushed to Washington Hospital Center and survived the attack.

     In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department (MPD), the District of Columbia Department of Forensic Sciences, and the FBI Laboratory in Quantico, Va.

     He also thanked those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates and Specialists Marcia Rinker, La June Thames, Katina Adams-Washington, and Michael Hailey; Paralegal Specialists Sandra Lane, Kendra Johnson, Kwasi Fields, Anthony Griffith, and Antoinette Sakamsa; Litigation Technology Specialists Paul Howell, William Henderson, and Anisha Bhatia; Law Clerks Lauren Sparks and Ryan Lipes, and Criminal Investigators Derek Starliper, Mark Crawford, Nelson Rhone, Chris Brophy, and Melissa Matthews.  In addition, he acknowledged the work of Assistant U.S. Attorneys Alessio Evangelista, who led the grand jury investigation, and Reagan Taylor, who helped prepare the case for trial. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Michael C. Liebman and Erik Kenerson, who tried the case.

14-114

WASHINGTON - Jaren Holley, 23, of Washington, D.C., was sentenced today to a 15-year prison term for a brazen, armed home invasion he committed in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced. During the crime, Holley’s accomplice was fatally shot by one of the victims, who feared for his life.

     Holley pled guilty in January 2014, in the Superior Court of the District of Columbia, to charges of first-degree burglary, aggravated assault, and a firearms offense. He was sentenced by the Honorable Ronna L. Beck. Upon completion of his prison term, Holley will be placed on five years of supervised release.

     According to the government's evidence, on Sept. 19, 2012, at about 8:30 p.m., Holley and 21-year-old Joel Johnson armed themselves with firearms and participated in a home invasion in the 4200 block of First Street SE. The victim was returning to his apartment building from a grocery store. Holley and Johnson waited until the victim was closing the door to his residence. At that point, they rushed the door and pushed past him into the man’s third-floor apartment. A woman in the residence was cooking dinner when the assailants rushed in.

     Holley assaulted the man by hitting him on the head with a firearm, while Johnson ran after the woman. She was able to escape into her room, and then managed to jump out the third-floor window to get away. She broke her ankle and several toes, and ran away in search of aid.

     Meanwhile, the man struggled with Holley, and gained control of Holley’s firearm. After losing control of his gun, Holley repeatedly urged Johnson to shoot and kill the man. Johnson had his gun drawn, and the man, believing he was about to be shot, fired the gun he took from Holley twice. Johnson died on the scene from gunshot wounds. Holley then fled out the window and was able to leave the area without injury.  Holley was arrested several days after the attack. During his flight, Holley left behind a hat which was found to contain his DNA.

     In announcing the sentence, U.S. Attorney Machen praised those who investigated the case from the Metropolitan Police Department.  He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Richard Cheatham, Anthony Griffith, and Antoinette Sakamsa. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Tejpal S. Chawla, George Pace and James Petkun.

14-115

WASHINGTON – In Seon Lim, a former contracting official for the U.S. Department of the Army, was arrested today following his indictment on federal bribery and other charges in a scheme in which he allegedly accepted more than $350,000 in cash, along with vacations and other benefits, from favored contractors.

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

     Lim, 48, of Fairfax Station, Va., also known as InSeon Lim, was indicted on May 8, 2014 in the U.S. District Court for the Eastern District of Virginia. The 10-count indictment, which was unsealed following today’s arrest, accuses Lim of one count of conspiracy, four counts of bribery, money laundering, a tax offense, and related charges. Lim made his initial court appearance today and was released pending a status hearing May 20, 2014.

     Lim is the latest person to be charged in an investigation into domestic bribery, bid-rigging, and federal contracting. A total of 17 individuals and one corporation, Nova Datacom, LLC, have pled guilty to federal charges, and a second company, Saena Tech Corp., entered into a deferred prosecution agreement with the government.

     The indictment provides notice that, if convicted, the United States will seek forfeiture of all proceeds of the charged offenses, including Lim’s house in Fairfax Station.

**

     “A federal grand jury has charged this Army official with taking more than $350,000 in cash, a Lexus, and a trip to the Bahamas in exchange for steering business to crooked contractors,” said U.S. Attorney Machen. “Seventeen people and one corporation have already pled guilty as part of this sweeping investigation into bribery in federal contracting.  The wide reach of these prosecutions should send a clear message to corrupt public officials and contractors who use secret payoffs to cheat the system.”

     “Accepting personal gifts in exchange for favorable action on government contracts steals from the American taxpayer and has no place in government contracting,” said Assistant Director in Charge Parlave. “Working together to protect federal funds, the FBI and our law enforcement partners will continue to ensure that those who commit fraud and corruption are brought to justice.”

     “IRS Criminal Investigation is focused on cases in which greedy public officials, who for their own personal benefit, use their official position to accumulate ill-gotten wealth at a cost to the taxpayer,” said Special Agent in Charge Kelly. “The illegal activity detailed in the indictment regarding this bribery and kickback scheme was both extensive and significant.  IRS Criminal Investigation, in conjunction with our law enforcement partners, is committed to investigating cases just like these.”

     “Federal small business contracts are not pay-to-play,” said SBA Inspector General Gustafson.  “Corruption, bribery, and deceitful actions will be rooted out of the system, and those responsible will be brought to justice. I want to thank our law enforcement partners and the U.S. Attorney’s Office for their cooperation and dedication to this investigation.”

     “It's a sad day when the public's trust is shaken by the criminal acts of government officials who are entrusted to safeguard our taxpayer dollars, said DCIS Special Agent in Charge Craig. “However, today sends a strong message that DCIS, along with its investigative partners, will ensure prosecution of those individuals to the fullest extent of the law, no matter who they are or what position they hold.”

**

     According to the indictment, Lim was a public official until April 2012. The charges involve his activities as an assistant project manager and product director with the Program Executive Office Enterprise Information Systems, a part of the Army that provides infrastructure and informational management systems.

     The indictment covers activities from May 2007 through October 2011.

     Until June 2010, Lim resided and worked in Seoul, South Korea. While in South Korea, his primary duties were to oversee and implement communications systems upgrades for the U.S. forces there, which included approximately 10 communications centers and various other special projects at military sites throughout the country. Among other things, Lim coordinated work on a major contract, which, in turn, had numerous sub-contracts.

     From June 2010 until his resignation in April 2012, Lim worked as a product director at Fort Belvoir, Va.

     The indictment alleges that Lim secretly used his official position to enrich himself by soliciting and accepting gifts, payments and other things of value from government contractors in return for favorable official action. Among other things, the indictment alleges, Lim received payments personally and to accounts that he controlled; payments for travel, vacation, vehicles, cellphones and cellular service for himself and family members; payments for female escorts; ownership interests in two companies, and assistance in obtaining home financing.

     The government contractors, meanwhile, enriched themselves by secretly obtaining favorable official action, the indictment alleges. At Lim’s direction, some of the contractors allegedly submitted fraudulent invoices for purported work that was not actually performed. Also at Lim’s direction, the indictment alleges, these contractors then paid him a portion of the proceeds generated by the fraudulent invoices.

     The indictment provides details about numerous contracts and payments. For example:

     -Nova Datacom: According to the indictment, two former employees of the company - Alex N. Cho, also known as Young N. Cho, and Nick Park - separately paid Lim a total of $50,000 in cash in 2007. In addition, Park paid for Lim’s travel, lodging, meals and entertainment during a trip to the Philippines in 2007, and Cho paid for lodging and a $1,000 casino chip during a trip later that year to Las Vegas, the indictment alleges.

     -Avenciatech: According to the indictment, two former officials of Avenciatech, Inc., a government contractor based in Annandale, Va., provided Lim with cash and an ownership interest in the company in exchange for official action. For example, the indictment alleges, one of the former officials - Oh Song Kwon, also known as Thomas Kwon - provided Lim with cash payments; payments for hotel stays for Lim and family members, including a trip to the Atlantis resort in the Bahamas; payments to finance the purchase of a 2010 Lexus automobile, and payments for other things of value. Kwon also assisted Lim in obtaining financing for the purchase of a home in Fairfax Station, Va., where Lim resided following his reassignment in 2010 to a position at Fort Belvoir.

     - UEI:Nick Park left Nova Datacom in 2007 and co-founded another government contractor, Unisource Enterprise Inc. (UEI), based in Annandale, Va. According to the indictment, in exchange for favorable treatment, Park provided Lim with a secret ownership in UEI. Among other things, Lim allegedly provided Park with sensitive procurement information.

     -Saena Tech: According to the indictment, a former official with Saena Tech, which was based in South Korea, provided Lim with $70,000 in cash; payments for meals, entertainment, and an automobile, and $175,000 of the proceeds generated by a fraudulent invoice.

     Cho, Park, and Kwon are among those who earlier pled guilty to charges in the case.

**

     An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty. 

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

14-112

WASHINGTON - Ivy Fauntroy, 34, a former employee of United Cerebral Palsy of Washington & Northern Virginia, a District of Columbia day services provider for individuals with developmental disabilities, has been found guilty and been sentenced for criminal abuse of a vulnerable person in her care, U.S. Attorney Ronald C. Machen, Jr. and District of Columbia Inspector General Charles J. Willoughby announced today.

     Fauntroy, of Washington, D.C., was found guilty on May 8, 2014, of one count of criminal abuse of a vulnerable adult. The Honorable Yvonne M. Williams found her guilty following a trial in the Superior Court of the District of Columbia. Judge Williams sentenced Fauntroy on the day of her verdict to a 60-day jail term, but suspended the time provided that Fauntroy successfully completes nine months of probation.

     According to the government’s evidence, on Jan. 4, 2013, the adult victim attended a day treatment program for developmentally disabled persons operated by United Cerebral Palsy in Northeast Washington. On that day, Fauntroy repeatedly made malicious statements toward the victim, directing her to “roll over” and “play dead.”  Fauntroy directed the attention of her co-workers to this abuse, while capturing video footage of the incident on her cell phone.  This video clip was subsequently used by the government in its prosecution of the case.

     In announcing the conviction and sentence, U.S. Attorney Machen and Inspector General Willoughby praised the work of Investigator Eduardo Torre of the Office of the Inspector General Medicaid Fraud Control Unit (MFCU), who handled the investigation. They also commended the work of Special Assistant U.S. Attorney Adrienne Rose and Special Assistant U.S. Attorney Brent Wolfingbarger of the MFCU, who jointly prosecuted the case, as well as Assistant U.S. Attorney Lindsey Merikas, who worked on the matter prior to trial. 

14-111

WASHINGTON – Rayshawn Clark, 25, and Dwayne Hilton, 22, both of Washington, D.C., were sentenced today to prison terms of 31 years and 25 years, respectively, for carrying out three separate armed robberies on the same night, as well as a carjacking of one of the victims, U.S. Attorney Ronald C. Machen Jr. announced.

     A third man, Pernell Lee, 37, also of Washington, D.C., was sentenced to eight years and eight months in prison for participating in one of the robberies and acting as a getaway driver.

     The men were found guilty by a jury in February 2014, following a trial in the Superior Court of the District of Columbia. They were sentenced by the Honorable Anita Josey-Herring. Upon completion of their prison terms, they will be placed on five years of supervised release.

     The jury found Clark and Hilton guilty of conspiracy, three counts of armed robbery, armed carjacking, and firearms offenses. The jury found Lee guilty of one count of armed robbery, fleeing a law enforcement officer, reckless driving, and firearms offenses.

     According to the government’s evidence, the series of crimes began in the early morning hours of June 17, 2012. Clark and Hilton pistol-whipped, robbed and carjacked the first victim, a man, in the 5600 block of 14th Street NW. An unidentified third co-conspirator got away in the victim’s car.  A second man, who was walking by while the robbery was in progress, was pistol-whipped and robbed by Hilton, while Clark continued to hold the first victim at gunpoint. After obtaining property from both victims, Clark and Hilton took off in a dark Ford Explorer. 

     Minutes later, after the first victim had called 911, Clark and Hilton returned to the scene after realizing that during the robberies they dropped a cell phone – later determined to belong to Hilton.  Clark got out of the car, and with a gun drawn, demanded the dropped phone.  The victim, who had found and hidden the dropped phone, pretended to know nothing about it.  Clark then robbed the victim of his remaining belongings. 

     Officers with the Metropolitan Police Department (MPD) arrived as this robbery was concluding, and as Clark ran back to the Explorer to flee.  Following a chase, the Explorer flipped over.  Lee, who had been driving, ran and was caught after a foot chase. Clark was extracted from the flipped vehicle with the first victim’s property in his pocket.  Hilton escaped on foot and was arrested later. Two guns were recovered in and around the car.  Hilton’s DNA matched DNA found on one of the guns. 

     In a separate proceeding today, Hilton was sentenced to an additional two years in prison – to run consecutively to his other sentence – on a charge of assault with significant bodily injury. He pled guilty earlier this year to that charge, which stemmed from a stabbing at the District of Columbia Jail on Dec. 20, 2013. Hilton participated in the attack against another inmate.

     In announcing the sentences, U.S. Attorney Machen commended the work of those who investigated the robbery and carjacking case from 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 provided assistance and handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Chrisellen Kolb and Suzanne Curt, Deputy Chiefs of the Office’s Appellate Division; Victim/Witness Advocate Jennifer Clark; Criminal Investigators John Marsh and Stephen Cohen; Litigation Technology Specialist Leif Hickling, and Paralegal Specialists Deborah McPherson, Wanda Trice, and Todd McClelland. Finally, he commended the work of Assistant U.S. Attorney Vivien Cockburn, who handled the initial investigation, and Assistant U.S. Attorney Natalia Medina, who prosecuted the robbery and carjacking case at trial.

     U.S. Attorney Machen also expressed appreciation to those who handled the case involving the stabbing at the jail, including the District of Columbia Department of Corrections Office of Investigative Services, Paralegal Specialist Todd McClelland, and Assistant U.S. Attorney Jin Park, who prosecuted that matter.

14-110

WASHINGTON – Zewditu Wondemu, 62, who owned Zed’s Restaurant, a business in the Georgetown area of Washington, D.C., pled guilty today to a federal tax charge for under-reporting gross receipts and income and overstating expenses on tax returns.

     The guilty plea was announced by U.S. Attorney Ronald C. Machen Jr. and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).

     Wondemu pled guilty in the U.S. District Court for the District of Columbia to one count of filing a false tax return. The Honorable Beryl A. Howell scheduled sentencing for Aug. 1, 2014. The charge carries a statutory maximum of three years in prison and financial penalties. Under federal sentencing guidelines, Wondemu faces a likely range of 10 to 16 months in prison and a fine of up to $30,000. As part of her plea, she must pay $50,350 in restitution to the United States government, representing the taxes still owed.

     According to the government’s evidence, Wondemu owned and operated Zed’s Restaurant at the time of the offenses. She admitted understating gross receipts on corporate income tax returns for the tax years 2005 through 2008. At the same time, she overstated business expenses. Additionally, she admitted understating her income on individual income tax returns for the tax years 2005 through 2008. As a result of her actions, the tax losses to the government for those years totaled at least $50,350. Wondemu has since sold the restaurant.

     In announcing the guilty plea, U.S. Attorney Machen and Special Agent in Charge Kelly commended the work of those who investigated the case for IRS-CI. In addition, they expressed appreciation for the assistance provided by Trial Attorney Erin Pulice of the Department of Justice’s Tax Division and Associate Director Jeffrey Olson of the Department of Justice’s Office of International Affairs. They also acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist Donna Galindo, Criminal Investigator Stephen Cohen, and Assistant U.S. Attorney Philip A. Selden, of the Fraud and Public Corruption Section, who is prosecuting the matter.

14-109

WASHINGTON – Torrey C. Robinson, 26, of Washington, D.C., has been found guilty by a jury of robbery and other charges in the hold-up of a Northwest Washington restaurant where he was employed as a manager, U.S. Attorney Ronald C. Machen Jr. announced.

     Robinson was found guilty on May 8, 2014, following a trial in the Superior Court of the District of Columbia, of robbery, burglary, obstruction of justice, and unlawful possession of ammunition. The Honorable Robert I. Richter scheduled sentencing for July 9, 2014.

     According to the government’s evidence, on Nov. 26, 2013, Robinson worked the day shift as a manager at Taylor Gourmet, located in the 600 block of E Street NW. He was replaced that afternoon by the victim, a new female manager set to work her first night shift alone that evening. At about 9:05 p.m., just after the restaurant had closed, Robinson returned to the establishment, wearing black Helly Hansen pants with reflective striping, a black North Face jacket with the hood up, a ski mask, and black-and-gray gloves. 

     Upon entering the restaurant, Robinson turned off the lights and approached the victim, who was working behind the counter.  Robinson opened his jacket, displayed a dark-colored gun in his waistband, and told the victim, “This is a robbery, this is not a game.” He commanded her to open the safe.  When the victim did not do so, Robinson consulted a clipboard containing the safe combination – which was hidden in code – and opened the safe himself, taking nearly $2,000 in cash, as well as multiple rolls of quarters wrapped in orange-and-white paper. 

     Senior staff at Taylor Gourmet later reviewed a surveillance video and immediately believed that the robber was Robinson, a manager at that location.  Pursuant to a search warrant, police found the black Helly Hansen pants with reflective striping worn during the robbery in Robinson’s room, along with nearly $950 in various denominations, including 100 in $1 bills, and one roll of quarters wrapped in orange-and-white paper.  Also found in the room was a box of 9 mm ammunition. In a search of Robinson’s car, police found the black-and-gray gloves worn during the robbery, along with four more rolls of quarters wrapped in orange-and-white paper.  Additionally, police searched Robinson’s iPhone and found photos and a video of him holding a thick wad of cash the night after the robbery.  Text messages recovered from Robinson’s cell phone proved that he was in the area of the robbery; he texted a friend that he was arriving at a store just two blocks away, minutes after the crime.

     When he picked his friend up at the store, Robinson was wearing the black pants with reflective striping.  Finally, in the weeks after his arrest, Robinson made multiple telephone calls from the District of Columbia Jail in which he solicited various friends and family members to move his gun, which he called “Baby Girl.”  In one such call, Robinson learned that the gun had been successfully moved.

     In announcing the verdict, U.S. Attorney Machen commended the work of the Metropolitan Police Department (MPD), which investigated the case. He also expressed appreciation for the assistance provided by the FBI’s Cellular Analysis Survey Team and 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 Criminal Investigators John Marsh and Nelson Rhone, Paralegal Specialist Todd McClelland, and Assistant U.S. Attorney James A. Petkun, who investigated, indicted, and tried the case to verdict.

14-108

WASHINGTON – Adoshia L. Flythe, 36, of Washington, D.C., pled guilty today to a federal charge of health care fraud following an undercover investigation into the sale of counterfeit health certificates to people seeking jobs in the home health care industry.  

     The plea was announced by U.S. Attorney Ronald C. Machen Jr.; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.; and Charles J. Willoughby, Inspector General for the District of Columbia.

     Flythe pled guilty in the U.S. District Court for the District of Columbia. The Honorable Rudolph Contreras scheduled sentencing for Sept. 4, 2014. The charge carries a statutory maximum of 10 years in prison as well as financial penalties. Under federal sentencing guidelines, Flythe faces up to six months of incarceration and a fine of up to $5,000.

     Flythe, a personal care aide, was one of 24 people -- including operators of home care agencies and nurse staffing agencies, office workers, and personal care aides -- arrested in late February 2014, following investigations into fraudulent billing practices in the home health care industry. The investigations uncovered numerous, separate schemes involving fraud, kickbacks, and false billings in the growing field of home care services for District of Columbia Medicaid patients. She is the first defendant to plead guilty in the various schemes.

     The home health care industry includes services intended to assist people in performing the activities of daily living, such as getting in and out of bed, bathing, dressing, taking medication, and other needs. Such services are provided by personal care aides, who often work for home care agencies and nurse staffing agencies. In order to be reimbursed by D.C. Medicaid, the personal care aides performing the services had to have documentation showing that they meet numerous qualifications as set forth by D.C. regulations.

     In her guilty plea, Flythe admitted selling packages of counterfeit documentation to two individuals, charging them $350 apiece.  The fraudulent documents Flythe sold included a counterfeit “Home Health Care Aide” certificate from the University of the District of Columbia and a counterfeit “Health Certificate for Staff” that contained the forged name and signature of at least one doctor. The two individuals who purchased the documents from Flythe purportedly wanted to apply for employment with a home care agency and to cause Medicaid to be billed for personal care services; actually they were working as part of the undercover investigation.

     In announcing the guilty plea, U.S. Attorney Machen, Assistant Director in Charge Parlave, Special Agent in Charge DiGiulio, and Inspector General Willoughby commended the work of those who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Krishawn Graham, Corinne Kleinman, and Nicole Wattelet.

     Finally, they expressed appreciation for the work of the prosecutors handling the health care cases, including Assistant U.S. Attorney Michael J. Friedman, who appeared in court today, Assistant U.S. Attorneys David Johnson, Ted Radway, Lionel André, and Special Assistant U.S. Attorney Dangkhoa Nguyen.

14-107

WASHINGTON – Tisheena Louise Brown, 33, of Washington, D.C., pled guilty today to a charge of voluntary manslaughter in the death last year of her seven-week-old son, U.S. Attorney Ronald C. Machen Jr. announced.

     In a related matter, Brown also pled guilty to a charge of second-degree insurance fraud. She entered both pleas in the Superior Court of the District of Columbia. The Honorable Lynn Leibovitz scheduled sentencing for July 18, 2014.

     According to a proffer of facts presented at the plea hearing, Brown has a history of prescription drug abuse, which began in 2007 or 2008. Her reported prescription drugs of choice were Percocet (Oxycodone) and Dilaudid (Hydromorphone), both of which are Schedule II controlled prescription drugs. She also used Promethazine (a non-controlled prescription drug).

     Brown admitted frequenting local hospitals in an effort to unlawfully obtain drug prescriptions (including Oxycodone, Dilaudid, and Promethazine) while using fraudulent identifiers.  She would also go to multiple hospitals, using her own name and obtaining prescriptions, which would then be filled and paid by Medicaid. While using her own name, Brown secured prescriptions for drugs without advising the doctor that she had obtained the same prescription on the same date for the same medicine from another doctor and hospital.  When purchasing her drugs, she used Medicaid to pay for the drugs. 

     In a four-month period from September 2013 through December of 2013, Brown had over 1,700 pills prescribed to her from a variety of doctors. 

     On Sept. 17, 2013, Brown was at her home in the 2900 block of Akron Place SE. She reported that, around 10:30 p.m., her seven-week old son, Hakeem, was fussy and so she provided him Promethazine, a drug which had been prescribed for her. She provided the infant with this drug even though the label warned that it was not to be administered to children under the age of two. Sometime after 2 a.m., Brown looked over at her son and noticed that he was “blue and wasn’t breathing.”  She then called 911. The District of Columbia Fire and Emergency Medical Services Department arrived at her home, where they found the infant unconscious and not breathing.  Hakeem was taken by ambulance to a hospital, and pronounced dead at about 3:20 a.m.  Brown initially told police the only thing she gave her son was an “over the counter” gas relief medication, which was not true.  

     On Sept. 19, 2013, the District of Columbia’s Office of the Chief Medical Examiner conducted an autopsy.  The cause of death was ruled a homicide and the manner of death was a lethal dose of Promethazine. In October 2013, the D.C. Office of the Chief Medical Examiner’s Forensic Toxicology Unit determined that the autopsy drug screen was positive for Promethazine. Promethazine, commonly referred to by the brand name Phenergan, is a non-controlled prescription medication which is prescribed for allergy, motion sickness, nausea, vomiting, nighttime sedation, pain relief following surgery, and to help certain narcotic pain relievers work better. It is prescribed with the warning that it should not be used in children younger than two years old because it may cause serious (possibly fatal) slow/shallow breathing.

     In announcing the plea, U.S. Attorney Machen commended the work of the detectives, officers, and others who investigated the case from the Metropolitan Police Department, as well as an agent from the FBI who assisted with investigation of the insurance fraud.  He also expressed appreciation to the District of Columbia Office of the Medical Examiner and the District of Columbia Department of Forensic Sciences for assistance in the investigation. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Mia Beamon, Victim/Witness Advocate Marcia Rinker, and Assistant U.S. Attorney Cynthia G. Wright, who is prosecuting the case.

14-106

WASHINGTON – Shawn Gray, 23, of Washington, D.C., pled guilty today to charges stemming from a shooting last year in which he fired at an unmarked van full of police officers in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Gray pled guilty to assault with a dangerous weapon, a District of Columbia offense, and possession of a firearm by a person convicted of a felony, a federal offense. He appeared before the Honorable Richard W. Roberts, Chief Judge of the U.S. District Court for the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for a sentence of eight to 10 years in prison. Gray is to be sentenced July 25, 2014.

     According to the government's factual proffer, on Jan. 26, 2013, at about 7:10 p.m., officers of the Metropolitan Police Department (MPD) were operating an unmarked burgundy minivan in the 1600 block of Montello Avenue NE. The officers were wearing casual clothing and operating as a unit in the robbery intervention program.

     As the officers drove through the block, they spotted Gray and another individual acting suspiciously. After the officers drove around and re-entered the block, Gray suddenly fired multiple gunshots at the van.  One bullet entered the van and passed between the four officers inside, and others apparently hit houses across the street.

     Gray fled, but was soon found hiding underneath a parked vehicle in the rear of the alleyway from which he had fired. Seven spent shell casings were found on the ground.  The gun itself was ultimately recovered from the ground near where the defendant was seized.

     At the time of the shooting, Gray was on supervised release for a 2009 conviction in the Superior Court of the District of Columbia for carrying a pistol without a license.

     In announcing the plea, U.S. Attorney Machen praised the work of the Metropolitan Police Department and the District of Columbia Department of Forensic Sciences. He also commended the efforts of those who assisted at the U.S. Attorney’s Office, including Paralegal Specialists Starla Stolk, Teesha Tobias, and Kim Hall, and Legal Assistant Jessica Moffatt. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Vincent Caputy, who indicted the case, and Stephen J. Gripkey, who handled the plea and is prosecuting the case.

14-105

WASHINGTON – A Washington, D.C. man, was sentenced today to a 28-month prison term for sexually assaulting a 13-year-old relative last year at the child’s home in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     The defendant, who is not identified here to protect the victim’s identity, pled guilty in February 2014, in the Superior Court of the District of Columbia, to a charge of attempted second-degree child sexual abuse. He was sentenced by the Honorable Rhonda Reid Winston. Upon completion of his prison term, the defendant will be placed on three years of supervised release. He also must register as a sex offender for the rest of his life.

     According to the government’s evidence, on March 23, 2013, at about 1 a.m., the 13-year-old victim was asleep in her bedroom next to her sister.  The defendant, who was visiting the residence, snuck up the stairs and into the child’s bedroom, where he molested the victim in her bed.  After the victim reported the incident to her mother, a Metropolitan Police Department (MPD) investigation began, leading to the defendant’s arrest on Oct. 29, 2013. 

     In announcing the sentence, U.S. Attorney Machen commended the work performed by those who investigated the case from MPD’s Youth Division.  He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key; Victim/Witness Advocate Veronica Vaughan; and Assistant U.S. Attorneys Danny Nguyen and Mervin A. Bourne, Jr., who investigated and prosecuted the matter.

14-104

WASHINGTON - Lenard Fleming, 33, a corrections officer with the Corrections Corporation of America (CCA), has been arrested and charged with bribery following an undercover FBI investigation in which he allegedly accepted money for smuggling contraband into the District of Columbia’s Correctional Treatment Facility.

     The charge 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 N. Faust, Director of the District of Columbia Department of Corrections.

     Fleming was arrested today by the FBI and appeared this afternoon in the U.S. District Court for the District of Columbia. He pled not guilty and was released on personal recognizance pending a hearing on May 14, 2014.

     Fleming had worked for CCA as a corrections officer at the Correctional Treatment Facility.  CCA, a private company, has a contract to provide services to the D.C. Jail.

     The arrest came nine days after another CCA corrections officer, Darren Malry, 51, was apprehended and charged with bribery in a related investigation. Malry also worked for CCA at the Correctional Treatment Facility. He has pled not guilty to the charge.

     According to the charging documents that were filed today, on Jan. 5, 2014, Fleming met with an undercover FBI agent in the parking lot of a shopping center in Capitol Heights, Md.  The undercover agent gave Fleming a cellphone and cigarettes for Fleming to deliver to an inmate housed at the Correctional Treatment Facility.  The undercover agent also provided Fleming with $750 in cash at that meeting, which was given in exchange for Fleming smuggling the contraband into the facility and delivering it to the inmate.  The FBI recovered the contraband from the inmate shortly after Fleming gave the items to the inmate.

     Fleming was terminated by CCA in February 2014 following a complaint that he was smuggling contraband into the facility for another inmate. 

     A criminal complaint is merely a formal charge that a defendant has committed a violation of criminal laws.  Every defendant is presumed innocent until, and unless, proven guilty.     

     The case is being investigated by the FBI’s Washington Field Office with assistance from the District of Columbia Department of Corrections Office of Investigative Services. It is being prosecuted by Assistant U.S. Attorney Richard DiZinno, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office, with assistance from Assistant U.S. Attorneys Catherine K. Connelly and Allessandra Stewart, of the Asset Forfeiture and Money Laundering Section.

14-103

WASHINGTON – Albrecht Muth, 49, of Washington, D.C., was sentenced today to 50 years in prison for first-degree murder in the slaying of his wife, 91-year-old Viola Drath, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Muth, who has taken on numerous personas over the years, including that of an Iraqi Army general, was found guilty in January 2014 by a jury following a trial in the Superior Court of the District of Columbia. The jury found Muth guilty of first-degree (premeditated) murder with the aggravating circumstances that the murder was especially heinous, cruel, and inflicted on a vulnerable victim. Muth was sentenced by the Honorable Russell F. Canan.

     The sentencing, like the trial, took place without the defendant present in the courtroom. Muth, who has been in custody since his arrest in August 2011, has been hospitalized after staging a series of hunger strikes dating to December of 2012. His refusal of regular sustenance has caused his physical health to deteriorate and resulted in the hospitalization. The government contended that Muth’s refusal to eat was part of a manipulation designed to avoid trial. Muth was able to listen to and participate in the trial proceedings, out of view of the jury, via a video link to the courtroom. Likewise, he was able to listen to and participate in today’s sentencing that way.

     At sentencing today, Judge Canan declared that the evidence against Muth was “overwhelming” and that his refusal to eat was “a transparent attempt to avoid prosecution.”

     “Albrecht Muth’s 20 years of violence toward his wife ended only when he strangled her to death in their Georgetown home,” said U.S. Attorney Machen. “For the rest of his life, Muth won’t be able to masquerade as a military officer or member of a royal family while subjecting his wife to intolerable abuse.  He will be a federal inmate paying the price for his brutal crime.” 

     “This was a tragic ending to an abusive relationship,” said Police Chief Lanier. “In addition to killing the victim, the defendant also further victimized her family by attempting to defraud the family out of a large sum of money. We hope this sentencing offers the family some sense of solace that these acts did not go unpunished.”

     According to the government’s evidence, on the morning of Aug. 12, 2011, Muth called 911 and reported that Ms. Drath was dead on the bathroom floor of their home in the 3200 block of Q Street NW. The District of Columbia Office of the Medical Examiner determined that Ms. Drath’s death was caused by strangulation and blunt force injuries.

     On the evening of Aug. 11, 2011, the government’s evidence showed, Muth had been drinking. Witnesses indicated that Muth became progressively louder and somewhat belligerent during the course of the evening.  A witness escorted Muth to the house on Q Street and saw him walking down the stairwell to the basement of his residence at approximately 10 p.m. 

     In the early morning hours of Aug. 12, 2011, a witness heard a woman’s faint cry and a man’s laugh emanating from inside the defendant’s home. Then, at approximately 7:56 a.m. on Aug. 12, 2011, Muth made the call to 911. When MPD officers arrived, there were no signs of forced entry into the house and nothing was taken or disturbed. According to the defendant, only he and Ms. Drath had keys to the house. Also according to the defendant, he and his wife were the only two people present in the home during the previous evening. 

     During the trial, the government presented evidence of a documented history of domestic violence by the defendant against his wife.  In addition, Muth had made a number of statements over the years indicating a desire to kill her.  By the summer of 2011, Ms. Drath had enough of the defendant’s abuse and was trying to end the marriage. Also, despite the fact that Ms. Drath specifically disinherited Muth in her will, he regularly pressured her for money. After killing the victim, and before her body was removed from the home, Muth presented a fraudulent document to the daughter of the victim demanding $200,000.  

     In announcing the sentence, U.S. Attorney Machen and Chief Lanier recognized the outstanding efforts of the detectives, evidence technicians, and officers who investigated the case from the Metropolitan Police Department. They expressed appreciation to the District of Columbia Department of Corrections for its assistance in the matter.  They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Erin O. Lyons, who assisted in the investigation; Paralegal Specialist Meridith McGarrity; Investigative Analyst Zachary McMenamin; former Investigative Analyst Lawrence Grasso; Criminal Investigator John Marsh; Litigation Technology Specialist Leif Hickling, and Maria Shumar and David Foster of the Victim/Witness Assistance Unit.

     Finally, they commended the work of Assistant U.S. Attorneys Glenn Kirschner and Laura Bach, who tried the case.

14-102

WASHINGTON – Christopher Payton, a former specialist for the Social Security Administration in Washington, D.C., pled guilty today to soliciting more than $50,000 in bribes from Social Security recipients in return for providing them with extra, unauthorized benefits.

     The guilty plea 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 the U.S. District Court for the District of Columbia to one count of bribery. The Honorable Senior Judge Gladys Kessler scheduled sentencing for July 16, 2014. The charge carries a statutory maximum of 15 years in prison and financial penalties. Under federal sentencing guidelines, Payton faces a likely range of 30 to 37 months in prison and a fine of up to $60,000. The plea agreement calls for him to pay $54,662 in restitution and an identical amount in a forfeiture money judgment.

     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 plea, 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, 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 is prosecuting the case, and Assistant U.S. Attorney Diane Lucas, who is assisting with forfeiture issues.

14-101

WASHINGTON – Kirsten Wilkinson, 34, of Dumfries, Va., was sentenced today to three years in prison for stealing nearly $95,000 from a real estate company where she worked as a personal assistant, announced U.S. Attorney Ronald C. Machen Jr.

     Among other things, the government’s evidence showed, Wilkinson secretly collected rent on apartments that were not her own.

     Wilkinson pled guilty in February 2014, in the U.S. District Court for the District of Columbia, to charges of interstate transportation of stolen property and second-degree theft. She was sentenced by the Honorable Ketanji Brown Jackson. Upon completion of her prison term, Wilkinson will be placed on three years of supervised release. While on supervised release, the judge barred Wilkinson from opening new credit cards or working in a position in which she would be utilizing financial accounts. Wilkinson also must pay $94,757 to her former employer. Finally, she is subject to a forfeiture money judgment in the same amount.

     According to the government’s evidence, Wilkinson began work in November 2010 as a personal assistant for a small company that renovates and refurbishes buildings throughout Washington, D.C. She carried out a scheme to rent the company’s properties for her own gain, secretly telling tenants and potential tenants to write rental checks to her in her own name.

     The scheme involved multiple individuals who believed Wilkinson owned and operated the apartments. When they needed assistance, she made clear that she was the specific point of contact for any issues that might arise. Not only did she dupe these unsuspecting potential tenants through advertisements on Craigslist, but her scheme continued for more than a year, leading to theft of $82,959 in rental income that properly belonged to her employer.

     In addition, according to the government’s evidence, Wilkinson made $11,798 in unauthorized charges for personal expenses from her employer’s credit cards.

     At sentencing, the government noted that Wilkinson has six prior convictions in Virginia for offenses such as embezzlement, identify theft, larceny, and similar crimes. In this case, her actions nearly bankrupted her employer’s company.

     In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department (MPD), especially its Fraud Unit. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Donna Galindo; Investigative Analyst Sharon Johnson; former Paralegal Specialist Shanna Hays, and Assistant U.S. Attorney Zia Faruqui, who assisted with forfeiture issues. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Philip A. Selden, who prosecuted the case.

14-100

WASHINGTON – Ercell D. Overton, 33, of Washington, D.C., was sentenced today to 28 years in prison on charges stemming from the fatal shooting of a taxicab driver and a subsequent shoot-out with police, U.S. Attorney Ronald C. Machen Jr. announced.

     Overton pled guilty in February 2014, in the Superior Court of the District of Columbia, to one count of second-degree murder while armed for the slaying of Solomon J. Okoroh and two counts of felony assault on a police officer while armed. The plea agreement was approved by the Honorable Russell F. Canan, who sentenced Overton this morning. Upon completion of his prison term, Overton will be placed on five years of supervised release.

     According to the government’s evidence, at approximately 3 a.m. on June 4, 2013, three officers from the Metropolitan Police Department (MPD) were in a police vehicle and on patrol in the Adams Morgan area of Northwest Washington when they heard the sound of a single gunshot.  Moments later, the officers observed a speeding Ford Explorer, “Classic Cab” taxi pass their location. The taxicab headed south in the 2300 block of Ontario Road NW, where it crashed into a parked car.  As the taxicab passed by the police vehicle, officers observed a muzzle flash and heard the sound of a second gunshot from inside the passenger compartment of the taxi.

     Upon impact, officers observed an unarmed man flee from the rear passenger side of the taxi.  Two of the officers exited the police vehicle and apprehended the fleeing man without incident after a brief pursuit by foot.

     Overton, on foot, then appeared behind the police vehicle and pointed a pistol toward the third officer, who was at the driver’s wheel.  That officer exited the vehicle and took cover.  Overton then ran behind the fence line of a house in the 2300 block of Ontario Road NW and discharged his weapon in the direction of two of the three police officers, who returned fire. Overton then forcibly entered a basement apartment on the block in an attempt to evade capture.  MPD officers subsequently gained entry into the apartment and apprehended Overton and recovered a semi-automatic pistol in close proximity to Overton. 

     The taxi driver was later identified as Mr. Okoroh, 59, of Glenarden, Md. Mr. Okoroh suffered two fatal gunshot wounds to his back. He was taken to a hospital, where he died about two hours after the shooting. Prior to his death, he provided detectives assigned to the case a physical description of his assailant, which matched that of Overton. 

     In announcing the sentence, U.S. Attorney Machen praised those who investigated the case for the MPD, including members of the Third District and Homicide Branch. He also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Kwasi Fields.  Finally, he commended the work of Assistant U.S Attorney George Pace, who prosecuted the matter. 

14-099

WASHINGTON - Ralph Terry, 42, of Germantown, Md., was sentenced today to 10 years and 10 months in prison for his role in a conspiracy to distribute cocaine and crack cocaine in the Washington, D.C. area, announced U.S. Attorney Ronald C. Machen Jr.

     Terry pled guilty in February 2014, in the U.S. District Court for the District of Columbia, to a charge of conspiracy to distribute and possess with intent to distribute cocaine and cocaine base, also known as crack. The plea, which called for a sentence of 100 to 151 months of incarceration, was approved by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Terry will be placed on three years of supervised release.

     According to the evidence presented at the plea hearing, during the fall of 2012, Terry conspired with others to distribute and possess with intent to distribute in the District of Columbia and its surrounding areas, cocaine and cocaine base, also known as crack.    

     This investigation arose on the evening of Nov. 29, 2012, in Northeast Washington. At that time, officers with the Metropolitan Police Department (MPD) conducted a search at Second and Adams Streets NE of the GMC Yukon driven and owned by Terry.  During the course of that search, officers recovered, among other items, over 40 grams of crack cocaine and $17,391.  The recovered money was proceeds of Terry’s narcotics trafficking activities. 

     On Dec. 11, 2012, with the assistance of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, a search warrant was executed at Terry’s residence in Maryland. Law enforcement recovered, among other items, $2,830 in cash and the key to an Oldsmobile Cutlass, located at the residence. A search warrant was subsequently executed on the Oldsmobile, and inside that vehicle, law enforcement recovered over 170 grams of crack cocaine, over 245 grams of powder cocaine, and digital scales.  The money was proceeds of the narcotics activities.

     As part of his plea agreement, Terry agreed to the forfeiture of the GMC Yukon, the Oldsmobile, the $17,391 recovered on Nov. 29, 2012, and the $2,830 seized on Dec. 11, 2012.

     In announcing the sentence, U.S. Attorney Machen praised the efforts of the members of the Metropolitan Police Department and the actions of the Special Agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, who investigated this case.  U.S. Attorney Machen also commended the efforts of Assistant U.S. Attorney Opher Shweiki, who prosecuted the case, and Assistant U.S. Attorney Catherine K. Connelly, who assisted with forfeiture aspects of the investigation.

14-098

WASHINGTON – Monique S. Murdock, 45, the former executive director of Nia Community Public Charter School, was sentenced today to nine months in prison on a federal theft charge stemming from the embezzlement of $29,000 in funds meant for the school.

     The sentence was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Charles J. Willoughby, Inspector General for the District of Columbia; Steven Anderson, Special Agent in Charge, Mid-Atlantic Regional Office, Office of Inspector General, U.S. Department of Education, and Robert E. Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS).

     Murdock, of Fort Washington, Md., pled guilty in November 2013 in the U.S. District Court for the District of Columbia to a charge of theft from a program receiving federal funds. As part of her guilty plea, Murdock also admitted making unauthorized purchases with a government-issued purchase card while she worked for another employer in Virginia.

     She was sentenced by the Honorable Richard J. Leon. Upon completion of her prison term, Murdock will be placed on three years of supervised release; Judge Leon ordered that the first three months of that time be spent on home confinement. Judge Leon also ordered Murdock to pay more than $40,000 in restitution for her crimes. Finally, he ordered her to pay an additional $29,000 forfeiture money judgment.

     According to the government’s evidence, Murdock was a co-founder of Nia Community Public Charter School and its executive director from June 2006 through October 2008. As the executive director of the Northeast Washington school, she had the primary responsibility of overseeing its fiscal management.

     Public charter schools are independently-operated public schools that are open to all District of Columbia residents. Enrollment is on a space-available basis. Public charter schools receive public funds based on the number of students they enroll. Nia Community Public Charter School, for example, received funding through the District of Columbia Public Charter School Board as well as through the U.S. Department of Education.

     Between July 2006 and August 2008, the school received more than $3.3 million from the District of Columbia Public Charter School Board. The school also received more than $548,000 from the U.S. Department of Education during the 2007 and 2008 fiscal years.

     From March 2008 through August 2008, Murdock signed five checks on the school’s account, totaling $29,000, and converted them to her own personal use and benefit.

     The theft charge involved the money stolen from the charter school.

     The guilty plea also resolved a criminal investigation in Virginia. After separating from the school, Murdock was hired in August 2009 as a Child Youth and School Services Assistant Director by the Cody Development Center in Fort Myer, Va. In this position, she was provided with a government purchase card that was to be used for buying work-related items.

     As part of her plea, Murdock admitted that from February 2012 through December 2012 while employed by the Cody Development Center, she used her government purchase card to make $11,773 in unauthorized gift card purchases.

     Murdock’s restitution payments will include $29,000 to the U.S. Department of Education and another $11,773 to the U.S. Department of Defense.

     The theft from Nia Community Public Charter School was investigated by the FBI’s Washington Field Office, the District of Columbia Office of the Inspector General, and the U.S. Department of Education’s Office of Inspector General. The activities at the Cody Development Center were investigated by the Office of the Inspector General for the Department of Defense.

     U.S. Attorney Machen, U.S. Attorney Boente, Assistant Director in Charge Parlave, Inspector General Willoughby, Special Agent in Charge Anderson, and Special Agent in Charge Craig commended the work of those who investigated the matters. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialists Krishawn Graham and Diane Hayes and Assistant U.S. Attorney Catherine K. Connelly, who assisted with forfeiture issues. Finally, they thanked Assistant U.S. Attorney Lionel André, who prosecuted the case.

14-097