District of Columbia

WASHINGTON – Brian T. Rapier, 34, 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.

     Rapier, of Sumter, S.C., pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Beryl A. Howell scheduled sentencing for July 25, 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, Rapier has agreed to pay $173,446 in restitution to the federal government.

     According to a statement of offense submitted to the Court, Rapier 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 June 2009 and April 2010, in more than four dozen Reports of Investigations on background investigations, Rapier 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.

     Rapier’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 $173,446 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 Rapier, 17 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 Special Agent Christopher Sulhoff, OPM, Office of the Inspector General, and Philip Kroop, David Newcomer, and Jeffry Addicks, OPM, Federal Investigative Services. They also acknowledged the work of 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.

14-096

WASHINGTON – Norman Ellis, 54, of Washington, D.C., was sentenced today to four years in prison for robbing a credit union in September 2013, 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).

     Ellis pled guilty to one count of bank robbery in January 2014 and was sentenced today by the Honorable Richard J. Leon in the U.S. District Court for the District of Columbia. Upon completion of his prison term, he will be placed on three years of supervised release. He also was ordered to pay $2,481 in restitution.

     According to a factual proffer of evidence presented at the time of the guilty plea, on the morning of Sept. 21, 2013, Ellis entered a Signal Financial Credit Union, in the 1400 block of Irving Street NW, approached a teller, handed over a note demanding money, and gestured as if he had a gun.  After the teller handed Ellis $2,481 in U.S. currency, Ellis fled the credit union.  Moments following the robbery, Ellis entered the Columbia Heights Metro station, and removed his jacket and baseball cap before boarding a Metro train and fleeing the area.

     Ellis was arrested Oct. 18, 2013 and, during a search of his home, law enforcement recovered the clothing he wore during the robbery.

     In announcing the sentence, U.S. Attorney Machen, Assistant Director Parlave, and Chief Lanier commended the investigative work of the Special Agents from the FBI’s Washington Field Office who worked on the case and the entire joint FBI/MPD Violent Crimes Task Force. 

     In addition, they acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Legal Assistant Jessica Moffatt and Paralegal Specialist Starla Stolk, and Assistant U.S. Attorney Catherine K. Connelly, of the Asset Forfeiture and Money Laundering Section.  Finally, they thanked Assistant U.S. Attorney David B. Kent, of the Violent Crimes and Narcotics Trafficking Section, who prosecuted the case.

14-094

WASHINGTON – Calvin Kinard Adams, 33, of Washington, D.C., was sentenced today to five years in prison for attempting to rob a bank in July 2013, 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).

     Adams pled guilty to one count of attempted bank robbery in January 2014 and was sentenced today by the Honorable Richard J. Leon in the U.S. District Court for the District of Columbia. Upon completion of his prison term, he will be placed on three years of supervised release.

     According to a factual proffer of evidence presented at the time of the guilty plea, on the morning of July 3, 2013, Adams entered a Wells Fargo Bank, in the 3200 block of Pennsylvania Avenue SE, approached a bank employee, and handed over a note demanding money.  As the teller attempted to press the silent alarm, Adams fled the bank.

     Adams was arrested on Oct. 18, 2013. At the time of the offense, Adams was on supervised release following his 2003 convictions for a string of 19 bank robberies he committed in 2003 in the District of Columbia, Maryland, and Virginia.  In that case, the Honorable Paul L. Friedman in the U.S. District Court for the District of Columbia sentenced Adams to 11 years in prison followed by three years of supervised release.  Adams had been on supervised release for less than six months when he committed the attempted bank robbery in this case.

     In announcing the sentence, U.S. Attorney Machen, Assistant Director Parlave, and Chief Lanier, commended the investigative work of the Special Agents from the FBI=s Washington Field Office and the FBI Laboratory Latent Print Operations Unit who worked on the case, and the entire joint FBI/MPD Violent Crimes Task Force.  In addition, they acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Legal Assistant Jessica Moffatt and Paralegal Specialist Starla Stolk.  Finally, they thanked Assistant U.S. Attorney David B. Kent, of the Violent Crimes and Narcotics Trafficking Section, who prosecuted the case.

14-095

WASHINGTON - Tabitha Harley-Williams, 34, pled guilty today to a federal charge stemming from the theft of more than $144,000 from a non-profit organization where she worked as an accounting assistant, announced U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.

     Harley-Williams, of Upper Marlboro, Md., pled guilty in the U.S. District Court for the District of Columbia to one count of interstate transportation of stolen property.  The Honorable Senior Judge Gladys Kessler scheduled sentencing for July 15, 2014. The charge carries a statutory maximum of 10 years in prison and financial penalties. Under federal sentencing guidelines, Harley-Williams faces a likely range of 12 to 18 months of incarceration, as well as a fine of up to $30,000.  Under the plea agreement, Harley-Williams also must pay restitution to the non-profit. Finally, she is subject to an additional forfeiture money judgment.

     According to the government’s evidence, the non-profit, identified in court documents as “Company A,” is an organization recognized by the U.S. Department of Education and the Council for Higher Education Accreditation for the accreditation of professional, technical and occupational career education programs.  Harley-Williams began working there in 2008 as an accounting assistant.  Part of her responsibilities included processing reimbursement requests from employees for travel and entertainment expenses.

     In or around October 2012, Harley-Williams began creating false expense reports on behalf of other employees that appeared to be legitimate expenses.  After Harley-Williams received supervisory approval to process these false expense reports, she changed the wire payment request information sent to “Company A’s” bank to reflect her own bank account information, rather than the account information of the employee for whom Harley-Williams had submitted the false expense reports. Between October 2012 and April 2013, Harley-Williams processed approximately 38 transactions in this manner, directing a total of $144,113 to her personal bank account.  Harley-Williams had no legitimate rights to any of the funds. She left the non-profit in May 2013, and the transactions were later discovered in a budget review.

     In announcing the plea, U.S. Attorney Machen and Assistant Director in Charge Parlave commended those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Corinne Kleinman, and Angela Lawrence, and Assistant U.S. Attorneys Catherine K. Connelly and Anthony Saler, who handled forfeiture issues. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Richard DiZinno, who investigated and prosecuted the matter.

14-092

WASHINGTON – Darren Malry, 51, a corrections officer, 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.

     Malry was arrested by the FBI on April 21, 2014 and appeared today 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 6, 2014.

     At the time of his arrest, Malry worked for the Corrections Corporation of America (CCA) as a corrections officer at the Correctional Treatment Facility. CCA, a private company, has a contract to provide services to the D.C. Jail

     According to the charging documents, on March 11, 2014, Malry met with an undercover FBI agent in the parking lot of a shopping center in Greenbelt, Md.  The undercover agent gave Malry a cellphone, cigarettes, and rolling papers for Malry to deliver to an inmate housed at the Correctional Treatment Facility.  The undercover agent also provided Malry with $750 in cash at that meeting, which was given in exchange for Malry smuggling the contraband into the facility and delivering it to the inmate.  The FBI recovered the contraband from the inmate shortly after Malry gave the items to the inmate in the inmate’s jail cell.

     Malry met again with the undercover FBI agent on April 21, 2014 at a restaurant in the same shopping center in Greenbelt.  At that meeting, the undercover agent gave Malry cigarettes and several packages of a substance resembling marijuana. The undercover agent also provided Malry with $600 in cash, which was in exchange for Malry smuggling the contraband into facility for the same inmate. Malry subsequently was arrested.

     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.

14-093

WASHINGTON – Donzell Butler, 23, of Washington, D.C., was sentenced today to 13 years and four months in prison on charges stemming from an attack in which he fatally stabbed one man and wounded another, U.S. Attorney Ronald C. Machen Jr. announced.

     Butler pled guilty in January 2014, in the Superior Court of the District of Columbia, to charges of voluntary manslaughter and felony assault. He was sentenced by the Honorable John Ramsey Johnson. Upon completion of his prison term, Butler will be placed on five years of supervised release.

     According to the government’s evidence, on the evening of July 7, 2012, the trouble began with a brief exchange of words between Butler and 20-year-old Charles Scott outside a carry-out restaurant at the corner of East Capitol and 53rd Streets SE. Mr. Scott and a friend, who had gone to the carry-out that night, then walked away, heading north on 53rd Street and turning onto Ames Street SE. Butler was walking in the same direction.

     Once on Ames Street, Butler exchanged words with Mr. Scott’s friend, and a physical confrontation then ensued. Mr. Scott attempted to assist his friend in the fight, and another person came to assist Butler in the confrontation. As events continued, Mr. Scott fought Butler with his fists. At some point, Butler escalated the level of violence, stabbing Mr. Scott in the neck and shoulder and stabbing Mr. Scott’s friend in the upper body.

     Mr. Scott fell to the ground, and Mr. Butler fled. Mr. Scott and his friend were transported to a local hospital, where Mr. Scott died from his injuries.

     In announcing the sentence, U.S. Attorney Machen praised the work of those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kendra Johnson and Sandra Lane and Victim/Witness Advocate Tamara Ince. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Michelle Bradford, who investigated the case, and Reagan M. Taylor, who prosecuted the matter.

14-091

WASHINGTON – David Gantt, 29, of Washington, D.C., was sentenced today to 23 months in prison on charges stemming from his sexual abuse of two girls in separate incidents during the summer of 2012, U.S. Attorney Ronald C. Machen Jr. announced. 

     Gantt pled guilty in January 2014, in the Superior Court of the District of Columbia, to one count of attempted second-degree child sexual abuse and one count of misdemeanor sexual abuse.  He was sentenced by the Honorable Robert E. Morin. Upon completion of his prison term, Gantt will be placed on three years of supervised release. He will also be required to register as a sex offender for the rest of his life.

     According to the government’s evidence, in July 2012, Gantt molested a 12-year-old girl in the laundry room of an apartment building in Southeast Washington. Approximately one month later, Gantt inappropriately touched a 10-year-old girl who was visiting a friend who lived in Gantt’s apartment.

     In announcing the sentence, U.S. Attorney Machen praised the work of the Metropolitan Police Department’s Youth Division, which investigated the case. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Jason Manuel and Victim/Witness Advocate Veronica Vaughan. Finally, he commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted the case.

14-089

WASHINGTON – Ricky Vinston, 55, of Washington, D.C., was sentenced today to 17 years in prison for shooting a store manager in the back during an attempted robbery of a drugstore in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Vinston pled guilty in October 2013, in the Superior Court of the District of Columbia, to aggravated assault while armed and assault with intent to rob while armed against two separate victims. The plea agreement, which called for a sentence of 13 to 17 years in prison, was contingent upon the approval of the Honorable Patricia A. Broderick. Upon completion of his prison term, Vinston will be placed on five years of supervised release.

     According to the government’s evidence, on April 13, 2012, at approximately 12:25 p.m., Vinston entered a Rite Aid store in the 1400 block of Rhode Island Avenue NE. He approached a clerk and asked about the price of a pack of candy. While the clerk worked to verify the price, Vinston brandished a handgun and demanded the money from the store’s cash register. The clerk fled, and Vinston began attempting to open the cash register himself.

     At this point, the store’s manager walked towards the defendant to try and prevent any violence. Vinston told the manager he had two minutes to open the cash register. When the manager struggled to get it open, Vinston counted to three, cocked his firearm, and fired once at close range. The manager, hit in the back, fell to the floor. He was later rushed to the hospital, where he received emergency surgery to repair the damage to his spine caused by the bullet. Since the shooting, the manager remains partially paralyzed from the waist down and must use a wheelchair.

     Vinston was arrested a week after the attack.

     In announcing the sentence, U.S. Attorney Machen recognized the efforts of the detectives and officers from the Metropolitan Police Department, whose investigation revealed the defendant’s identity as the shooter.  He also acknowledged the efforts of Paralegal Specialist Kalisha Clark. Finally, he commended the work of Assistant U.S. Attorneys Jim Smith and Nicholas Cannon, who investigated and secured the indictment in the case, and James Ewing, who handled post-plea litigation and sentencing.

14-088

     WASHINGTON –Calvin Shaw, 24, of Washington, D.C., has been found guilty by a jury of first-degree murder while armed and other charges for the July 4, 2012 shooting of a group of unarmed teenagers and young men, U.S. Attorney Ronald C. Machen Jr. announced today. Shaw also was convicted of charges stemming from a second shooting earlier that year.

     Shaw, also known as Sharkim Sharp, was found guilty by the jury on April 17, 2014, following a trial in the Superior Court of the District of Columbia. He is to be sentenced on June 20, 2014 by the Honorable Jennifer Anderson. Shaw faces a mandatory minimum of 67 years of incarceration and a maximum sentence of 290 years in prison for the various offenses.

     In addition to the murder charge, the jury found Shaw guilty of five counts of assault with intent to kill while armed, two counts of aggravated assault while armed, and related weapons offenses for the July 4, 2012 shooting, which took place in the 5000 block of First Street NW.  He 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 man ran for cover, a gunshot pierced the back of 19-year-old Crevontai Key, severing his aortic arch and killing him.  A second 19-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 announcing the verdicts, 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.

14-090

WASHINGTON - Thomas Webb, 33, of Hyattsville, Md., pled guilty today toa federal charge stemming from the theft of more than $44,000 from a non-profit organization where he worked as an administrative assistant, U.S. Attorney Ronald C. Machen Jr. announced.

     Webb pled guilty in the U.S. District Court for the District of Columbia to one count of interstate transportation of stolen property.  The Honorable James E. Boasberg scheduled sentencing for June 26, 2014. Under federal sentencing guidelines, Webb faces a likely range of six to 12 months of incarceration, as well as a fine of up to $20,000.  Under the plea agreement, Webb must pay restitution to the non-profit. He also is subject to a forfeiture money judgment.

     According to the government’s evidence, the not-for-profit organization, identified in court documents as “Company A,” provides financial assistance to underinsured patients being treated for chronic or life-threatening illnesses who are unable to afford the full cost of care.  Webb began working as an administrative assistant there in or around January 2013.  

     Webb was responsible for processing financial transactions, including reimbursing employees for work-related expenses.  In connection with these duties, the non-profit granted Webb access to its bank account and its general ledger information systems.  Almost immediately after hiring him, the non-profit issued Webb a company credit card.  

     Beginning in February 2013, Webb began using his company-issued credit card for personal expenses, in spite of his employer’s explicit policies against such use.  Between February and July of 2013, Webb generated a total amount of $44,457 in personal expenses on the credit card, including personal expenses related to travel, transportation, hotel lodgings, retail purchases, meals, food, and entertainment.  Webb paid the monthly balances of his company-issued credit card directly from the non-profit’s bank account. He never made any attempt to reimburse the non-profit for any of the personal expenditures.

     In announcing the plea, U.S. Attorney Machen commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donna Galindo, Corinne Kleinman, and Angela Lawrence; Criminal Investigator Juan Juarez, who investigated the case; Assistant U.S. Attorney Zia Faruqui, who assisted with forfeiture issues, and Assistant U.S. Attorney Richard DiZinno, who investigated and prosecuted the matter.

14-087

WASHINGTON – Anthony C. Y. Cheng, Sr., and his son, Anthony R. Cheng, Jr., pled guilty today to federal charges stemming from an undercover investigation into a scheme to illegally generate business through the District of Columbia taxicab industry, announced U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.

     Anthony Cheng, Sr., 65, and his son, 40, both of Alexandria, Va., pled guilty in the U.S. District Court for the District of Columbia. Anthony Cheng, Sr. pled guilty to a misdemeanor charge of making an offer of unauthorized compensation to a public official. Anthony Cheng, Jr. pled guilty to a felony charge of payment of a gratuity to a public official.

     The Honorable Ellen S. Huvelle scheduled sentencing for July 17, 2014. Anthony Cheng, Sr. faces a statutory maximum of a year in prison and financial penalties. Anthony Cheng, Jr. faces a statutory maximum of two years of incarceration and financial penalties. Under federal sentencing guidelines, the Chengs face up to six months in jail and fines of up to $5,000.

     According to plea documents filed today, Anthony Cheng, Sr. is the owner of businesses, including Tony Cheng’s Mongolian Restaurant, in the Chinatown area of Washington, D.C. His son owned a bus company that provided interstate transportation to the public.

     The charges involve the Chengs’ dealings in 2010 and 2011 with a person described in the court documents as “Public Official Number One,” who at the time chaired the District of Columbia Taxicab Commission. Unbeknownst to the Chengs, “Public Official Number One” was working in cooperation with the FBI on an investigation.

     “With today’s guilty pleas, a financially successful father and son confessed to their efforts to pay off public officials to advance their business interests,” said U.S. Attorney Machen. “The Chengs should be commended for owning up to their crimes before trial, but their admissions are a sobering reminder that we must continue to aggressively fight the pay-to-play culture that, if left unchecked, can determine who has the ability to engage in business opportunities with the government.  We hope that these convictions serve as a warning to other business owners who are tempted to make illicit payments to public officials in order to get ahead.”

     “The integrity of our government is threatened when individuals engage in pay-to-play schemes with public officials,” said Assistant Director Parlave. “The FBI is committed to investigating corrupt backroom deals that work to influence government officials and restoring an even marketplace for honest business owners who do business in our city.”

     The D.C. Taxicab Commission, an agency within the District of Columbia government, has authority for intrastate regulation of the taxicab industry. Among its many responsibilities, the taxicab commission handles the licensing of owners, operators, companies, associations and fleets. The agency also employs inspectors who are deployed to prevent illegal taxicab operations within the District of Columbia. If inspectors identify taxicabs that are operating unlawfully, they can have the vehicles towed and impounded.

     According to today’s court filings, Anthony Cheng, Sr. decided in or about the fall of 2010 to start a towing company in the District of Columbia. In order to do so, he was required to have a license for a locked storage facility, a towing license, and insurance. On or about Dec. 18, 2010, Anthony Cheng, Sr. met with “Public Official Number One” at Cheng’s restaurant. At that time, he offered ”Public Official Number One” compensation of 10 percent of the profits of his towing company in return for assistance in completing the paperwork associated with establishing the business and assisting the company in securing towing assignments from the taxicab commission. In a follow-up meeting on Jan. 12, 2011, also at the restaurant, Anthony Cheng, Sr. again requested the assistance of “Public Official Number One,” including the securing of at least 100 towing assignments per month from the taxicab commission.

     Also in 2011, according to the court documents, both of the Chengs met with “Public Official Number One” regarding licenses for multi-vehicle taxicab companies. At the time, a legislatively mandated moratorium was in place prohibiting the issuance of any new business licenses to operate new taxicab companies, taxicab associations and limousine businesses.

     The Chengs and “Public Official Number One” discussed a plan to circumvent the moratorium by using falsified backdated corporate documents representing that their taxicab companies had been in existence since 2009. “Public Official Number One” advised Anthony Cheng, Jr. of the need to make a “contribution” of not more than $1,500 for his help with the backdated paperwork. On or about Jan. 31, 2011, “Public Official Number One” provided Anthony Cheng, Jr. with backdated operating authority licenses to make it appear as if the companies existed before the moratorium was in place. During that meeting, based on prior discussions with and at the direction of his son, Anthony Cheng, Sr. reimbursed “Public Official Number One” with $1,500 in cash on his son’s behalf.

     In addition, according to the court documents, Anthony Cheng, Jr. met in 2011 with a person he believed was an official with the District of Columbia Department of Consumer and Regulatory Affairs. This person actually was an undercover FBI Special Agent. On or about March 31, 2011, Anthony Cheng, Jr. met with the undercover agent and provided him with $250 in cash in return for backdated certificates of occupancy for two multi-vehicle taxicab companies.

     The Chengs obtained two licenses for multi-cab companies – named Green Top Cab and ECO CAB Company - but never opened the businesses.

     In announcing the pleas, U.S. Attorney Machen and Assistant Director in Charge Parlave commended the efforts of those who investigated the case from the FBI’s Washington Field Office. They expressed appreciation for the assistance provided by the Washington Field Office of the Internal Revenue Service-Criminal Investigation. They also acknowledged the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Krishawn Graham and Tasha Harris; former Paralegal Specialist Diane Hayes; and Assistant U.S. Attorneys Lionel André and Loyaan A. Egal, who are prosecuting the matter.

14-086

WASHINGTON - Glenn A. Smith, Jr., 37, of Silver Spring, Md., was sentenced today to 25 years in prison for sexually assaulting a 22-year-old woman in 2010, U.S. Attorney Ronald C. Machen Jr. announced.

     Smith was found guilty by a jury in December 2012, following a trial in the Superior Court of the District of Columbia, of two counts of first-degree sexual abuse. He was sentenced by the Honorable Thomas J. Motley. Upon completion of his prison term, Smith will be placed on five years of supervised release. He also must register as a sex offender for the rest of his life.

     According to the government’s evidence, on June 13, 2010, the victim was walking down Wisconsin Avenue NW, after leaving a party in the Friendship Heights neighborhood at about 2:30 a.m.  At the time, she had just graduated from Georgetown University with highest honors in her major. Smith grabbed her behind a building, turned her away from him, and choked her. He then pushed the victim to the ground and sexually assaulted her.  When the assault was over, Smith took the victim’s underwear and wiped her with it, and then fled, taking the underwear.

     The victim immediately reported the assault to police and was taken to Washington Hospital Center, where she was treated for injuries and swabbed for DNA.  The case was cold until May 2011, when Smith was identified as a suspect through the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool. Smith’s DNA was in the system as a result of an earlier conviction in a case involving identity fraud. MPD detectives obtained a sample of the defendant’s DNA, and it matched the DNA left behind by the assailant in 2010. 

     In announcing the sentence, U.S. Attorney Machen commended detectives from the Metropolitan Police Department’s Sexual Assault Unit, Second District, and officers from the Forensic Science Division.  He also expressed appreciation for the efforts of Victim/Witness Advocate Veronica Vaughn; Paralegal Specialists Jason Manuel, Tiffany Jones, and Cynthia Muhammad; Karen Lee-Putt of the Finance office; John Marsh of the Criminal Investigations Unit, and Victim/Witness Specialists David Foster and Katina Adams-Washington.  He particularly commended the work of Leif Hickling and the entire Litigation Support Staff for a strong team effort.  Lastly, Mr. Machen thanked Assistant U.S. Attorney Amy Zubrensky, who investigated and tried the case, and Assistant U.S. Attorney Kenya Davis, who co-tried the case.

14-085

WASHINGTON - Glenn A. Smith, Jr., 37, of Silver Spring, Md., was sentenced today to 25 years in prison for sexually assaulting a 22-year-old woman in 2010, U.S. Attorney Ronald C. Machen Jr. announced.

     Smith was found guilty by a jury in December 2012, following a trial in the Superior Court of the District of Columbia, of two counts of first-degree sexual abuse. He was sentenced by the Honorable Thomas J. Motley. Upon completion of his prison term, Smith will be placed on five years of supervised release. He also must register as a sex offender for the rest of his life.

     According to the government’s evidence, on June 13, 2010, the victim was walking down Wisconsin Avenue NW, after leaving a party in the Friendship Heights neighborhood at about 2:30 a.m.  At the time, she had just graduated from Georgetown University with highest honors in her major. Smith grabbed her behind a building, turned her away from him, and choked her. He then pushed the victim to the ground and sexually assaulted her.  When the assault was over, Smith took the victim’s underwear and wiped her with it, and then fled, taking the underwear.

     The victim immediately reported the assault to police and was taken to Washington Hospital Center, where she was treated for injuries and swabbed for DNA.  The case was cold until May 2011, when Smith was identified as a suspect through the Combined DNA Index System (CODIS), a web of state and national databases containing DNA profiles from convicted offenders and crime scenes that is used as an investigative tool. Smith’s DNA was in the system as a result of an earlier conviction in a case involving identity fraud. MPD detectives obtained a sample of the defendant’s DNA, and it matched the DNA left behind by the assailant in 2010. 

     In announcing the sentence, U.S. Attorney Machen commended detectives from the Metropolitan Police Department’s Sexual Assault Unit, Second District, and officers from the Forensic Science Division.  He also expressed appreciation for the efforts of Victim/Witness Advocate Veronica Vaughn; Paralegal Specialists Jason Manuel, Tiffany Jones, and Cynthia Muhammad; Karen Lee-Putt of the Finance office; John Marsh of the Criminal Investigations Unit, and Victim/Witness Specialists David Foster and Katina Adams-Washington.  He particularly commended the work of Leif Hickling and the entire Litigation Support Staff for a strong team effort.  Lastly, Mr. Machen thanked Assistant U.S. Attorney Amy Zubrensky, who investigated and tried the case, and Assistant U.S. Attorney Kenya Davis, who co-tried the case.

14-085

WASHINGTON - U.S. Attorney Ronald C. Machen Jr. and the Victim Witness Assistance Unit of the U.S. Attorney’s Office for the District of Columbia today paid tribute to more than 50 crime victims, their families, witnesses, and community advocates for their bravery, compassion, and dedication to the pursuit of justice.

     The honorees were recognized during a ceremony at the U.S. Attorney’s Office for the District of Columbia, timed with the annual observance of National Crime Victims’ Rights Week. This year’s theme, “30 Years: Restoring the Balance of Justice,” focuses on the strides that have been made for victims since the passage of the Victims of Crime Act in 1984. 

     In addition to U.S. Attorney Machen, speakers at today’s ceremony included Angela Rose, the founder and executive director of Promoting Awareness/Victim Empowerment (PAVE), a community-based, non-profit organization that uses social, educational and legislative tactics to bring attention to the issue of sexual violence. Ms. Rose is a survivor of a brutal sexual assault and has worked to assist victims of sexual assault throughout the country.  PAVE now has more than 35 chapters and affiliates, including an affiliate in the District of Columbia.

     “We all aspire to help victims seek justice, find hope, and rebuild their lives,” said U.S. Attorney Machen. “In doing so, we ourselves are inspired by the courage and dignity of these victims and survivors. It is important for us to stand up and celebrate those who are brave enough to say something or do something to make our community a safer place.”

     Today’s ceremony included awards for several individual victims and Good Samaritans whose efforts furthered the cause of justice. For example, the honorees included a carjacking victim and the police officers and civilians who came to her aid; two former students from Catholic University, who helped rescue and then protect a woman who was being assaulted; the neighbors of a young man who came to them for help after his brother killed their mother; people who banded together to help an elderly woman whose husband had been slain, and others who stepped forward as witnesses and advocates on behalf of victims of crime. The honorees also included a supervisory victims’ coordinator for the U.S. Parole Commission who ensured that the family of a murder victim had the opportunity to be heard regarding the killer’s request for parole. The family’s views were taken into consideration and the offender was not released.

     The program also recognized the work of organizations such as FAIR Girls, a non-profit based in the District of Columbia that sponsors programs worldwide to prevent the exploitation of girls. FAIR Girls has provided assistance in numerous cases in the District of Columbia, offering support and services to victims of human trafficking and sexual abuse.

     Special recognition was given to the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. The task force’s work has led to numerous prosecutions of people in the District of Columbia for child pornography charges and other federal offenses. Undercover officers act swiftly when they learn of victims of sexual abuse and child pornography, and their work has led to arrests in recent months of defendants in Ohio, North Carolina, Indiana, Texas, and Pennsylvania. 

     Today’s event was developed and organized by the Victim Witness Assistance Unit of the U.S. Attorney=s Office for the District of Columbia. Members of the Unit provide essential services and support to victims and witnesses, such as making referrals for counseling, addressing safety concerns, assisting with access to Crime Victim Compensation Program funds, and accompanying victims to court proceedings.  The Unit also notifies victims of their rights and provides information regarding significant case events, such as the filing of charges, plea hearings, trials and sentencing hearings.

     As part of this year’s National Crime Victims’ Rights Week, the Department of Justice gave special recognition to the Victim Witness Assistance Unit of the U.S. Attorney’s Office for the District of Columbia. The Unit won two honors: Outstanding Victim Services Professionals of 2014, and Victims’ Rights and Restitution Act Champion of 2014. The Department of Justice cited, for example, the Unit’s work to ensure that families and victims of last year’s mass shooting at the Washington Navy Yard were provided with invaluable resources and support.

     Additional information about the Victim Witness Assistance Unit is available at http://www.justice.gov/usao/dc/programs/vw/vwa.html.

     Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.

14-084

WASHINGTON - U.S. Attorney Ronald C. Machen Jr. and the Victim Witness Assistance Unit of the U.S. Attorney’s Office for the District of Columbia today paid tribute to more than 50 crime victims, their families, witnesses, and community advocates for their bravery, compassion, and dedication to the pursuit of justice.

     The honorees were recognized during a ceremony at the U.S. Attorney’s Office for the District of Columbia, timed with the annual observance of National Crime Victims’ Rights Week. This year’s theme, “30 Years: Restoring the Balance of Justice,” focuses on the strides that have been made for victims since the passage of the Victims of Crime Act in 1984. 

     In addition to U.S. Attorney Machen, speakers at today’s ceremony included Angela Rose, the founder and executive director of Promoting Awareness/Victim Empowerment (PAVE), a community-based, non-profit organization that uses social, educational and legislative tactics to bring attention to the issue of sexual violence. Ms. Rose is a survivor of a brutal sexual assault and has worked to assist victims of sexual assault throughout the country.  PAVE now has more than 35 chapters and affiliates, including an affiliate in the District of Columbia.

     “We all aspire to help victims seek justice, find hope, and rebuild their lives,” said U.S. Attorney Machen. “In doing so, we ourselves are inspired by the courage and dignity of these victims and survivors. It is important for us to stand up and celebrate those who are brave enough to say something or do something to make our community a safer place.”

     Today’s ceremony included awards for several individual victims and Good Samaritans whose efforts furthered the cause of justice. For example, the honorees included a carjacking victim and the police officers and civilians who came to her aid; two former students from Catholic University, who helped rescue and then protect a woman who was being assaulted; the neighbors of a young man who came to them for help after his brother killed their mother; people who banded together to help an elderly woman whose husband had been slain, and others who stepped forward as witnesses and advocates on behalf of victims of crime. The honorees also included a supervisory victims’ coordinator for the U.S. Parole Commission who ensured that the family of a murder victim had the opportunity to be heard regarding the killer’s request for parole. The family’s views were taken into consideration and the offender was not released.

     The program also recognized the work of organizations such as FAIR Girls, a non-profit based in the District of Columbia that sponsors programs worldwide to prevent the exploitation of girls. FAIR Girls has provided assistance in numerous cases in the District of Columbia, offering support and services to victims of human trafficking and sexual abuse.

     Special recognition was given to the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD. The task force’s work has led to numerous prosecutions of people in the District of Columbia for child pornography charges and other federal offenses. Undercover officers act swiftly when they learn of victims of sexual abuse and child pornography, and their work has led to arrests in recent months of defendants in Ohio, North Carolina, Indiana, Texas, and Pennsylvania. 

     Today’s event was developed and organized by the Victim Witness Assistance Unit of the U.S. Attorney=s Office for the District of Columbia. Members of the Unit provide essential services and support to victims and witnesses, such as making referrals for counseling, addressing safety concerns, assisting with access to Crime Victim Compensation Program funds, and accompanying victims to court proceedings.  The Unit also notifies victims of their rights and provides information regarding significant case events, such as the filing of charges, plea hearings, trials and sentencing hearings.

     As part of this year’s National Crime Victims’ Rights Week, the Department of Justice gave special recognition to the Victim Witness Assistance Unit of the U.S. Attorney’s Office for the District of Columbia. The Unit won two honors: Outstanding Victim Services Professionals of 2014, and Victims’ Rights and Restitution Act Champion of 2014. The Department of Justice cited, for example, the Unit’s work to ensure that families and victims of last year’s mass shooting at the Washington Navy Yard were provided with invaluable resources and support.

     Additional information about the Victim Witness Assistance Unit is available at http://www.justice.gov/usao/dc/programs/vw/vwa.html.

     Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.

14-084

WASHINGTON - Two companies that operate physical therapy clinics in Washington, D.C., Virginia, and Maryland, along with three individuals associated with the businesses, have agreed to pay the United States $2.78 million to settle allegations that the firms’ billings to Medicare and the TRICARE health care program violated the False Claims Act. 

     The settlement was announced today by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; 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 Robert E. Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS).

     The companies -- Alliance Rehabilitation, LLC and Active Physical Therapy Services, LLC -- submitted invoices to Medicare and TRICARE through a consolidated billing office in Fairfax, Va., that was managed and overseen by Geeta Trehan, of Virginia.  The companies’ owners, Thomas Bray and Rajeev Gupta, both of Maryland, also managed the operations. 

     The settlement resolves allegations that, between January 2007 and August 2012, the companies submitted claims which falsely represented that the physical therapy services being billed were either rendered or directly supervised by the physical therapist identified on the claims by his or her National Provider Identifier (NPI) number. In fact, the physical therapist identified on the claim had no involvement in the services rendered.  The settlement also resolves allegations that Alliance Rehabilitation, LLC, and Active Physical Therapy Services, LLC, sought payment from TRICARE for physical therapy services that were not provided by the physical therapist identified on the claim.

     In addition to the False Claims Act settlement, the companies and Trehan, Bray, and Gupta have entered into a five-year Corporate Integrity Agreement with the U.S Department of Human Health and Services Office of Inspector General.  That agreement imposes integrity obligations on each of the entities and individuals and requires them, among other things, to retain an independent review organization to review their coding, billing, and claims submissions to Federal health care programs.

     “These physical therapy clinics overbilled the federal programs that provide health care to senior citizens and military families,” said U.S. Attorney Machen. “If health care providers want to be paid for their services with taxpayer dollars, they have to play by the rules.  Americans deserve to know that they are getting their money’s worth.  This nearly $2.8 million settlement is part of our continued fight to protect taxpayers and to ensure the integrity of federal health care programs.”  

     “When health care companies and the individuals who run them try to enrich themselves by misrepresenting the medical services they bill to taxpayer-funded health care programs, we will make sure they are held accountable for their deceptive schemes,” said Special Agent in Charge DiGiulio.

     “The Defense Criminal Investigative Service seeks to hold those accountable who jeopardize the Department of Defense's objective to provide affordable and safe health care to the men and women serving in the armed forces,” said Special Agent in Charge Craig. “Current and former soldiers deserve adequate care.  Health care providers who seek financial gain through inaccurate billing processes and irresponsible treatment of their patients will continue to be diligently investigated by DCIS agents in partnership with the DOJ and other law enforcement agencies.  We are extremely pleased with the outcome of this investigation.”

     The conduct at issue was brought to light through a lawsuit that was filed in the U.S. District Court for the District of Columbia by two former Alliance employees under the qui tam, or whistleblower provisions, of the False Claims Act.  The False Claims Act is one of the government’s most powerful tools in the effort to combat fraud on federal programs. The Act allows private citizens to bring suit on behalf of the United States and share in any recovery obtained by the government.  In this case, the two former Alliance employees will receive more than $400,000 as their share of the government’s recovery.

     This settlement was the result of a coordinated investigative effort by the U.S. Attorney’s Office for the District of Columbia, the Department of Health and Human Services Office of Inspector General, and the Defense Criminal Investigative Service.

     The claims settled by this agreement are allegations only, and there has been no determination of liability. The case is United States ex rel. Angel and Natal v. Alliance Rehabilitation LLC et al., Civil Action No. 10-cv-02124 (D.D.C.). 

14-083

WASHINGTON - Two companies that operate physical therapy clinics in Washington, D.C., Virginia, and Maryland, along with three individuals associated with the businesses, have agreed to pay the United States $2.78 million to settle allegations that the firms’ billings to Medicare and the TRICARE health care program violated the False Claims Act. 

     The settlement was announced today by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; 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 Robert E. Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS).

     The companies -- Alliance Rehabilitation, LLC and Active Physical Therapy Services, LLC -- submitted invoices to Medicare and TRICARE through a consolidated billing office in Fairfax, Va., that was managed and overseen by Geeta Trehan, of Virginia.  The companies’ owners, Thomas Bray and Rajeev Gupta, both of Maryland, also managed the operations. 

     The settlement resolves allegations that, between January 2007 and August 2012, the companies submitted claims which falsely represented that the physical therapy services being billed were either rendered or directly supervised by the physical therapist identified on the claims by his or her National Provider Identifier (NPI) number. In fact, the physical therapist identified on the claim had no involvement in the services rendered.  The settlement also resolves allegations that Alliance Rehabilitation, LLC, and Active Physical Therapy Services, LLC, sought payment from TRICARE for physical therapy services that were not provided by the physical therapist identified on the claim.

     In addition to the False Claims Act settlement, the companies and Trehan, Bray, and Gupta have entered into a five-year Corporate Integrity Agreement with the U.S Department of Human Health and Services Office of Inspector General.  That agreement imposes integrity obligations on each of the entities and individuals and requires them, among other things, to retain an independent review organization to review their coding, billing, and claims submissions to Federal health care programs.

     “These physical therapy clinics overbilled the federal programs that provide health care to senior citizens and military families,” said U.S. Attorney Machen. “If health care providers want to be paid for their services with taxpayer dollars, they have to play by the rules.  Americans deserve to know that they are getting their money’s worth.  This nearly $2.8 million settlement is part of our continued fight to protect taxpayers and to ensure the integrity of federal health care programs.”  

     “When health care companies and the individuals who run them try to enrich themselves by misrepresenting the medical services they bill to taxpayer-funded health care programs, we will make sure they are held accountable for their deceptive schemes,” said Special Agent in Charge DiGiulio.

     “The Defense Criminal Investigative Service seeks to hold those accountable who jeopardize the Department of Defense's objective to provide affordable and safe health care to the men and women serving in the armed forces,” said Special Agent in Charge Craig. “Current and former soldiers deserve adequate care.  Health care providers who seek financial gain through inaccurate billing processes and irresponsible treatment of their patients will continue to be diligently investigated by DCIS agents in partnership with the DOJ and other law enforcement agencies.  We are extremely pleased with the outcome of this investigation.”

     The conduct at issue was brought to light through a lawsuit that was filed in the U.S. District Court for the District of Columbia by two former Alliance employees under the qui tam, or whistleblower provisions, of the False Claims Act.  The False Claims Act is one of the government’s most powerful tools in the effort to combat fraud on federal programs. The Act allows private citizens to bring suit on behalf of the United States and share in any recovery obtained by the government.  In this case, the two former Alliance employees will receive more than $400,000 as their share of the government’s recovery.

     This settlement was the result of a coordinated investigative effort by the U.S. Attorney’s Office for the District of Columbia, the Department of Health and Human Services Office of Inspector General, and the Defense Criminal Investigative Service.

     The claims settled by this agreement are allegations only, and there has been no determination of liability. The case is United States ex rel. Angel and Natal v. Alliance Rehabilitation LLC et al., Civil Action No. 10-cv-02124 (D.D.C.). 

14-083

WASHINGTON – Clyde Lacy Rattler, 56, of Washington, D.C., was sentenced today to an 8 ½-year prison term on two counts of bank robbery stemming from a pair of hold-ups committed in downtown Washington on the same day, 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).

     Rattler was found guilty by a jury in January 2014, following a trial in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Rattler will be placed on three years of supervised release. He also will be required to pay $2,791 in restitution to the banks.

     In 2005, Rattler was convicted of three bank robberies and one attempted bank robbery.

     According to the government’s evidence, on Friday, Aug. 2, 2013, at about 10 a.m., Rattler approached the teller station at United Bank, in the 1600 block of K Street NW, and told the teller that he had a gun and wanted money in large denominations. The teller gave Rattler multiple clips of $100 and $50 bills, and he exited the bank.  The loss to the bank was later determined to be $1,650.

     Later the same day, at about 5 p.m., Rattler approached the teller station at the TD Bank, in the 1000 block of 15th Street NW. He told the teller he had a gun and a bomb, and he wanted money in large denominations.  The teller gave him money, and he exited the bank. The loss to the bank was later determined to be $1,141.

     A news report describing the robberies aired on a local television station, including bank surveillance footage.  After seeing a news report, several persons, including two law enforcement officers, called the FBI, and Rattler was identified as the perpetrator of the robberies. 

     In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave, and Chief Lanier commended the actions of those who investigated the robberies for the FBI and MPD. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Candace Battle and Legal Assistant Tammy Scott.  Finally, they expressed appreciation for the work of Assistant U.S. Attorney Emory V. Cole, who investigated and prosecuted the case.

14-082

WASHINGTON – Clyde Lacy Rattler, 56, of Washington, D.C., was sentenced today to an 8 ½-year prison term on two counts of bank robbery stemming from a pair of hold-ups committed in downtown Washington on the same day, 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).

     Rattler was found guilty by a jury in January 2014, following a trial in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Ketanji Brown Jackson. Upon completion of his prison term, Rattler will be placed on three years of supervised release. He also will be required to pay $2,791 in restitution to the banks.

     In 2005, Rattler was convicted of three bank robberies and one attempted bank robbery.

     According to the government’s evidence, on Friday, Aug. 2, 2013, at about 10 a.m., Rattler approached the teller station at United Bank, in the 1600 block of K Street NW, and told the teller that he had a gun and wanted money in large denominations. The teller gave Rattler multiple clips of $100 and $50 bills, and he exited the bank.  The loss to the bank was later determined to be $1,650.

     Later the same day, at about 5 p.m., Rattler approached the teller station at the TD Bank, in the 1000 block of 15th Street NW. He told the teller he had a gun and a bomb, and he wanted money in large denominations.  The teller gave him money, and he exited the bank. The loss to the bank was later determined to be $1,141.

     A news report describing the robberies aired on a local television station, including bank surveillance footage.  After seeing a news report, several persons, including two law enforcement officers, called the FBI, and Rattler was identified as the perpetrator of the robberies. 

     In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave, and Chief Lanier commended the actions of those who investigated the robberies for the FBI and MPD. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Candace Battle and Legal Assistant Tammy Scott.  Finally, they expressed appreciation for the work of Assistant U.S. Attorney Emory V. Cole, who investigated and prosecuted the case.

14-082

WASHINGTON – Eric D. Smith, 43, of Washington, D.C., has been sentenced to a prison term of 6 ½ years on charges stemming from the stabbings of two people in separate robberies on back-to-back nights last December, one occurring outside of Gallery Place, and the other in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.

     Smith pled guilty in February 2014 to assault with a dangerous weapon, robbery, and attempt to commit robbery in the Superior Court of the District of Columbia. He was sentenced on April 4, 2014, by the Honorable Robert I. Richter. Upon completion of his prison term, Smith will be placed on three years of supervised release.

     According to the government’s evidence, the first attack took place at about 6:50 p.m. on Dec. 18, 2013, in a rear alley behind the 600 block of H Street NW, near Gallery Place.  Smith approached a man and stated “Money, money,” before stabbing the victim in the rear torso.  The victim fell, and Smith went through his pockets, stealing a cell phone and other property.

     The next night, Dec. 19, 2013, near 7th and H Streets NE, Smith and another man, Brandon Watts, approached a male victim and a female victim.  Watts stated, “Give me your stuff,” and Watts asked Smith if Smith “still had the knife.”  Smith then pulled out his knife, and stabbed the male victim in the thigh.  Smith and Watts stole the man’s cell phone, and fled.

     Officers from the Metropolitan Police Department (MPD), responding to a 911 call regarding the stabbing, located Smith and Watts a few blocks away. Both men were wearing ski masks.  One of the men had made a throwing motion towards the ground; a knife and the victim’s cell phone were found on the ground where the objects were seen landing.

     Smith pled guilty to assault with a dangerous weapon and robbery in the second attack, and attempt to commit robbery in the first attack.  Watts, 24, of Washington, D.C., pled guilty to assault with a dangerous weapon and robbery in the second attack, and to receipt of stolen property in the first attack. Watts was sentenced on April 4, 2014 to a 43-month prison term. Watts will be placed on three years of supervised release following his prison term.

     In announcing the sentences, U.S. Attorney Machen commended the work of the Metropolitan Police Department, which investigated the case. He also acknowledged the efforts of those who worked on the case at the U.S. Attorney’s Office, including Assistant U.S. Attorney James A. Petkun, who prosecuted the matter.

14-080

WASHINGTON – Eric D. Smith, 43, of Washington, D.C., has been sentenced to a prison term of 6 ½ years on charges stemming from the stabbings of two people in separate robberies on back-to-back nights last December, one occurring outside of Gallery Place, and the other in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.

     Smith pled guilty in February 2014 to assault with a dangerous weapon, robbery, and attempt to commit robbery in the Superior Court of the District of Columbia. He was sentenced on April 4, 2014, by the Honorable Robert I. Richter. Upon completion of his prison term, Smith will be placed on three years of supervised release.

     According to the government’s evidence, the first attack took place at about 6:50 p.m. on Dec. 18, 2013, in a rear alley behind the 600 block of H Street NW, near Gallery Place.  Smith approached a man and stated “Money, money,” before stabbing the victim in the rear torso.  The victim fell, and Smith went through his pockets, stealing a cell phone and other property.

     The next night, Dec. 19, 2013, near 7th and H Streets NE, Smith and another man, Brandon Watts, approached a male victim and a female victim.  Watts stated, “Give me your stuff,” and Watts asked Smith if Smith “still had the knife.”  Smith then pulled out his knife, and stabbed the male victim in the thigh.  Smith and Watts stole the man’s cell phone, and fled.

     Officers from the Metropolitan Police Department (MPD), responding to a 911 call regarding the stabbing, located Smith and Watts a few blocks away. Both men were wearing ski masks.  One of the men had made a throwing motion towards the ground; a knife and the victim’s cell phone were found on the ground where the objects were seen landing.

     Smith pled guilty to assault with a dangerous weapon and robbery in the second attack, and attempt to commit robbery in the first attack.  Watts, 24, of Washington, D.C., pled guilty to assault with a dangerous weapon and robbery in the second attack, and to receipt of stolen property in the first attack. Watts was sentenced on April 4, 2014 to a 43-month prison term. Watts will be placed on three years of supervised release following his prison term.

     In announcing the sentences, U.S. Attorney Machen commended the work of the Metropolitan Police Department, which investigated the case. He also acknowledged the efforts of those who worked on the case at the U.S. Attorney’s Office, including Assistant U.S. Attorney James A. Petkun, who prosecuted the matter.

14-080

WASHINGTON – Marvin Jefferson, 25, of Washington, D.C., was found guilty by a jury today of aggravated assault while armed, armed robbery, and related firearms offenses for attacking a man in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Jefferson was found guilty by the jury following a trial in the Superior Court of the District of Columbia. The Honorable Michael Ryan scheduled sentencing for June 16, 2014.

     According to the government’s evidence, in the early evening hours of Oct. 28, 2013, Jefferson attacked a man he had just encountered at a liquor store in the 1300 block of North Capitol Street NE. The victim, a 24-year-old engineering graduate of Howard University, had stopped at the store to get a beer. Jefferson, also inside the store, tried to take the victim’s iPhone. The victim put his iPhone in his jacket pocket, paid for his beer, and left the store.

     Jefferson, however, followed the victim to the street. He tried to reach into the victim’s jacket to get the iPhone, and when the victim turned around, Jefferson began striking him. Jefferson hit the victim in the forehead with what appeared to be a gun, causing lacerations. Then, while the victim was in a disoriented and semi-conscious state, Jefferson robbed him of his phone, wallet and keys.  The victim lost consciousness and dropped to the ground, chipping his tooth.  Once he regained consciousness, he flagged down two police officers. A few days after the attack, he was able to identify Jefferson as his attacker.

     In announcing the verdict, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Services Coordinator La June Thames; Victim/Witness Advocate Jennifer Clark; Paralegal Specialist Donville Drummond, and Assistant U.S. Attorney John Mannarino. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Clayton O’Connor, who secured the indictment, and John P. Fucetola, who prosecuted the case.

14-081

WASHINGTON – Marvin Jefferson, 25, of Washington, D.C., was found guilty by a jury today of aggravated assault while armed, armed robbery, and related firearms offenses for attacking a man in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Jefferson was found guilty by the jury following a trial in the Superior Court of the District of Columbia. The Honorable Michael Ryan scheduled sentencing for June 16, 2014.

     According to the government’s evidence, in the early evening hours of Oct. 28, 2013, Jefferson attacked a man he had just encountered at a liquor store in the 1300 block of North Capitol Street NE. The victim, a 24-year-old engineering graduate of Howard University, had stopped at the store to get a beer. Jefferson, also inside the store, tried to take the victim’s iPhone. The victim put his iPhone in his jacket pocket, paid for his beer, and left the store.

     Jefferson, however, followed the victim to the street. He tried to reach into the victim’s jacket to get the iPhone, and when the victim turned around, Jefferson began striking him. Jefferson hit the victim in the forehead with what appeared to be a gun, causing lacerations. Then, while the victim was in a disoriented and semi-conscious state, Jefferson robbed him of his phone, wallet and keys.  The victim lost consciousness and dropped to the ground, chipping his tooth.  Once he regained consciousness, he flagged down two police officers. A few days after the attack, he was able to identify Jefferson as his attacker.

     In announcing the verdict, U.S. Attorney Machen commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Services Coordinator La June Thames; Victim/Witness Advocate Jennifer Clark; Paralegal Specialist Donville Drummond, and Assistant U.S. Attorney John Mannarino. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys Clayton O’Connor, who secured the indictment, and John P. Fucetola, who prosecuted the case.

14-081

     WASHINGTON –Keith Logan, 51, was sentenced today to life in prison with no possibility of release, and Paul Ashby, also 51, was sentenced today to a 90-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.

     Logan, Ashby, and a third defendant - Merle Watson, Jr., 57 - 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 Logan and Ashby today. Watson is to be sentenced May 16, 2014. All three defendants are from Washington, D.C.

     According to the government’s evidence, Logan, Ashby, and Watson 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.

     Logan, Ashby, and Watson 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 sentences, 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.

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     WASHINGTON –Keith Logan, 51, was sentenced today to life in prison with no possibility of release, and Paul Ashby, also 51, was sentenced today to a 90-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.

     Logan, Ashby, and a third defendant - Merle Watson, Jr., 57 - 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 Logan and Ashby today. Watson is to be sentenced May 16, 2014. All three defendants are from Washington, D.C.

     According to the government’s evidence, Logan, Ashby, and Watson 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.

     Logan, Ashby, and Watson 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 sentences, 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.

14-079

WASHINGTON – Rashad Slye, 23, of Washington, D.C., was sentenced today to 17 years in prison for the 2011 killing of a taxicab driver during a robbery in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Slye pled guilty in January 2014, in the Superior Court of the District of Columbia, to a charge of second-degree murder while armed. The plea agreement, which was contingent upon the Court’s approval, called for a sentence of 17 years in prison. The Honorable Jennifer Anderson accepted the plea agreement today and sentenced Slye accordingly. Upon completion of his prison term, Slye will be placed on five years of supervised release.

     According to the government’s evidence, on Saturday, Oct. 22, 2011, at about 2:50 a.m., Slye and a friend called for a taxicab at the Morgan Boulevard Metro station in Landover, Md.  Within a few minutes, the victim, Domingo Ezirike, 40, arrived in his taxicab and picked up Slye and his friend. Slye asked to be taken to Ponds Street NE in the District of Columbia. Mr. Ezirike asked Slye and his friend for $20, and the friend gave Mr. Ezirike $20. Within minutes, Slye began arguing with Mr. Ezirike about the fare and about the lack of heat or music in the cab. 

     Mr. Ezirike drove the cab to the 4300 block of Ponds Street NE and he asked for an additional $7.75 in fare. Slye’s friend gave him $5 and Slye gave him $2. However, Mr. Ezirike insisted on the additional 75 cents, and he and Slye argued over the money. 

     After Slye’s friend got out of the cab and left the immediate area, Slye continued to argue over the fare.  He pulled out a 9mm handgun and demanded the $20 back. He also ordered Mr. Ezirike out of the cab and onto the ground. At that point, he stood over Mr. Ezirike and began to rifle through his pockets, asking where the money could be found.

     Slye struck Mr. Ezirike in the head with the gun and continued searching him, insisting he was hiding the money. Mr. Ezirike offered to remove his pants and while still on the ground, did so.  Slye then entered the vehicle, still holding Mr. Ezirike on the ground at gunpoint, as he searched the front passenger compartment. He then ordered Mr. Ezirike back into the taxicab and insisted that he search for money.  Then, as Mr. Ezirike sat in the driver's seat, Slye fired a single shot that struck him in the arm, causing him to immediately fall back into the seat and remain still. Slye immediately fled the scene towards the 1500 block of Anacostia Avenue NE. 

     Mr. Ezirike placed the vehicle in reverse and drove it backwards and onto grass on Anacostia Avenue.  He died on the scene, as the bullet traveled from his arm and into his chest cavity.  

     In announcing the sentence, U.S. Attorney Machen praised the work of the detectives, officers and crime scene technicians who investigated the case from the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Meridith McGarrity, Mia Beamon, Phaylyn Hunt, Paralegal Supervisor Sharon Newman, Victim/Witness Advocate Tamara Ince, and Information Technology Specialist Leif Hickling. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys David J. Gorman and Kacie M. Weston, who prosecuted the case. 

14-078

WASHINGTON – Rashad Slye, 23, of Washington, D.C., was sentenced today to 17 years in prison for the 2011 killing of a taxicab driver during a robbery in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Slye pled guilty in January 2014, in the Superior Court of the District of Columbia, to a charge of second-degree murder while armed. The plea agreement, which was contingent upon the Court’s approval, called for a sentence of 17 years in prison. The Honorable Jennifer Anderson accepted the plea agreement today and sentenced Slye accordingly. Upon completion of his prison term, Slye will be placed on five years of supervised release.

     According to the government’s evidence, on Saturday, Oct. 22, 2011, at about 2:50 a.m., Slye and a friend called for a taxicab at the Morgan Boulevard Metro station in Landover, Md.  Within a few minutes, the victim, Domingo Ezirike, 40, arrived in his taxicab and picked up Slye and his friend. Slye asked to be taken to Ponds Street NE in the District of Columbia. Mr. Ezirike asked Slye and his friend for $20, and the friend gave Mr. Ezirike $20. Within minutes, Slye began arguing with Mr. Ezirike about the fare and about the lack of heat or music in the cab. 

     Mr. Ezirike drove the cab to the 4300 block of Ponds Street NE and he asked for an additional $7.75 in fare. Slye’s friend gave him $5 and Slye gave him $2. However, Mr. Ezirike insisted on the additional 75 cents, and he and Slye argued over the money. 

     After Slye’s friend got out of the cab and left the immediate area, Slye continued to argue over the fare.  He pulled out a 9mm handgun and demanded the $20 back. He also ordered Mr. Ezirike out of the cab and onto the ground. At that point, he stood over Mr. Ezirike and began to rifle through his pockets, asking where the money could be found.

     Slye struck Mr. Ezirike in the head with the gun and continued searching him, insisting he was hiding the money. Mr. Ezirike offered to remove his pants and while still on the ground, did so.  Slye then entered the vehicle, still holding Mr. Ezirike on the ground at gunpoint, as he searched the front passenger compartment. He then ordered Mr. Ezirike back into the taxicab and insisted that he search for money.  Then, as Mr. Ezirike sat in the driver's seat, Slye fired a single shot that struck him in the arm, causing him to immediately fall back into the seat and remain still. Slye immediately fled the scene towards the 1500 block of Anacostia Avenue NE. 

     Mr. Ezirike placed the vehicle in reverse and drove it backwards and onto grass on Anacostia Avenue.  He died on the scene, as the bullet traveled from his arm and into his chest cavity.  

     In announcing the sentence, U.S. Attorney Machen praised the work of the detectives, officers and crime scene technicians who investigated the case from the Metropolitan Police Department. He also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Meridith McGarrity, Mia Beamon, Phaylyn Hunt, Paralegal Supervisor Sharon Newman, Victim/Witness Advocate Tamara Ince, and Information Technology Specialist Leif Hickling. Finally, he expressed appreciation for the work of Assistant U.S. Attorneys David J. Gorman and Kacie M. Weston, who prosecuted the case. 

14-078

WASHINGTON – Stephen Jin-Woo Kim, a former federal contract employee, was sentenced today to 13 months in prison for the unauthorized disclosure of national defense information, announced Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office. 

     Kim pleaded guilty on Feb. 7, 2014, in the U.S. District Court for the District of Columbia, to one count of making an unauthorized disclosure of national defense information. The plea agreement, which was contingent upon the Court’s approval, called for Kim to be sentenced to 13 months in prison, to be followed by a year of supervised release. The Honorable Colleen Kollar-Kotelly accepted the plea today and sentenced Kim accordingly.

     Kim, 46, was a Lawrence Livermore National Laboratory employee on detail to the State Department’s Bureau of Verification, Compliance and Implementation (VCI) at the time of the disclosure.  At the time, Kim worked as a Senior Advisor for Intelligence to the Assistant Secretary of State for VCI.   According to court documents, on June 11, 2009, Kim knowingly and willfully disclosed to a reporter TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION (TS/SCI) relating to the national defense.

     The information concerned the military capabilities and preparedness of North Korea and was contained in an intelligence report classified at the TS/SCI level that Kim accessed on a classified computer database. Within hours of the disclosure, a news organization published an article on the Internet that included the TS/SCI national defense information that Kim had disclosed.

     “Stephen Kim was a sophisticated consumer of intelligence who knew the enormous damage that could be done by disclosing highly classified information about North Korea’s military capabilities,” said U.S. Attorney Machen.  “He is now headed to federal prison to pay the price for betraying the trust of his country and placing our nation’s security at risk.  Hopefully this prosecution will deter others who are considering compromising our nation’s most sensitive secrets.”

     “As a federal contract employee to the State Department, Kim abused his position of trust and put the security of our nation at risk by knowingly disclosing Top Secret information,” said Assistant Director in Charge Parlave. “Today’s sentence serves as a warning to anyone who has access to information held by the U.S. government and would consider compromising our nation’s secrets – we will continue to take all necessary steps to investigate and prosecute those who illegally divulge national security information.”

     Kim was indicted in August 2010.  According to court documents that were filed at the time of the plea, Kim admitted that he did not believe that he was exposing government waste, fraud, abuse, or any other kind of government malfeasance or misfeasance.  Further, Kim admitted that he had reason to believe that his unauthorized disclosure could be used to the injury of the United States or to the advantage of a foreign nation.  Finally, he acknowledged that he was never authorized, directly or indirectly, by the United States Government to communicate any national defense information to the media.

     This investigation was conducted by the FBI’s Washington Field Office with the assistance of the State Department’s Diplomatic Security Service. The prosecution was handled by Assistant U.S. Attorneys G. Michael Harvey, Jonathan M. Malis, and Thomas A. Bednar of the U.S. Attorney’s Office for the District of Columbia and Trial Attorneys Deborah A. Curtis and Julie A. Edelstein of the Counterespionage Section of the Justice Department’s National Security Division.

14-077

WASHINGTON – Stephen Jin-Woo Kim, a former federal contract employee, was sentenced today to 13 months in prison for the unauthorized disclosure of national defense information, announced Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office. 

     Kim pleaded guilty on Feb. 7, 2014, in the U.S. District Court for the District of Columbia, to one count of making an unauthorized disclosure of national defense information. The plea agreement, which was contingent upon the Court’s approval, called for Kim to be sentenced to 13 months in prison, to be followed by a year of supervised release. The Honorable Colleen Kollar-Kotelly accepted the plea today and sentenced Kim accordingly.

     Kim, 46, was a Lawrence Livermore National Laboratory employee on detail to the State Department’s Bureau of Verification, Compliance and Implementation (VCI) at the time of the disclosure.  At the time, Kim worked as a Senior Advisor for Intelligence to the Assistant Secretary of State for VCI.   According to court documents, on June 11, 2009, Kim knowingly and willfully disclosed to a reporter TOP SECRET/SENSITIVE COMPARTMENTED INFORMATION (TS/SCI) relating to the national defense.

     The information concerned the military capabilities and preparedness of North Korea and was contained in an intelligence report classified at the TS/SCI level that Kim accessed on a classified computer database. Within hours of the disclosure, a news organization published an article on the Internet that included the TS/SCI national defense information that Kim had disclosed.

     “Stephen Kim was a sophisticated consumer of intelligence who knew the enormous damage that could be done by disclosing highly classified information about North Korea’s military capabilities,” said U.S. Attorney Machen.  “He is now headed to federal prison to pay the price for betraying the trust of his country and placing our nation’s security at risk.  Hopefully this prosecution will deter others who are considering compromising our nation’s most sensitive secrets.”

     “As a federal contract employee to the State Department, Kim abused his position of trust and put the security of our nation at risk by knowingly disclosing Top Secret information,” said Assistant Director in Charge Parlave. “Today’s sentence serves as a warning to anyone who has access to information held by the U.S. government and would consider compromising our nation’s secrets – we will continue to take all necessary steps to investigate and prosecute those who illegally divulge national security information.”

     Kim was indicted in August 2010.  According to court documents that were filed at the time of the plea, Kim admitted that he did not believe that he was exposing government waste, fraud, abuse, or any other kind of government malfeasance or misfeasance.  Further, Kim admitted that he had reason to believe that his unauthorized disclosure could be used to the injury of the United States or to the advantage of a foreign nation.  Finally, he acknowledged that he was never authorized, directly or indirectly, by the United States Government to communicate any national defense information to the media.

     This investigation was conducted by the FBI’s Washington Field Office with the assistance of the State Department’s Diplomatic Security Service. The prosecution was handled by Assistant U.S. Attorneys G. Michael Harvey, Jonathan M. Malis, and Thomas A. Bednar of the U.S. Attorney’s Office for the District of Columbia and Trial Attorneys Deborah A. Curtis and Julie A. Edelstein of the Counterespionage Section of the Justice Department’s National Security Division.

14-077

WASHINGTON - Oscar Ramiro Ortega-Hernandez, 23, of Idaho Falls, Idaho, who used a semi-automatic assault rifle to fire at least eight rounds at the White House in November 2011, was sentenced today to 25 years in prison for terrorism and weapons offenses. 

     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 Kathy A. Michalko, Special Agent in Charge of the Washington Field Office of the U.S. Secret Service.

     Ortega-Hernandez pled guilty Sept. 18, 2013, in the U.S. District Court for the District of Columbia to one count of injury to a dwelling and placing lives in jeopardy within the territorial jurisdiction of the United States, as well as one count of discharging a firearm during a crime of violence. Additionally, he admitted that the attack was a terrorist act, and therefore, a sentencing enhancement under the United States Sentencing Guidelines is applicable. 

     The Honorable Rosemary M. Collyer sentenced Ortega-Hernandez this afternoon. In addition to the prison term, she ordered that he pay approximately $94,000 in restitution for damage caused to the White House. Upon completion of his prison term, Ortega-Hernandez will be placed on five years of supervised release.

     “This man drove cross-country to launch an assault rifle attack on the White House from Constitution Avenue,” said U.S. Attorney Machen.  “He was motivated by hatred for the President and the desire to start a revolution against the federal government.  We are very fortunate that his bullets narrowly missed the U.S. Secret Service officers guarding the White House that night.  This 25-year prison sentence demonstrates that anyone who comes to the nation’s capital planning to use violence should expect to spend decades behind bars.”

     “Acts of terrorism, like the one that Mr. Ortega-Hernandez was sentenced for today, instill a sense of fear in our community,” said Assistant Director in Charge Parlave. “Along with our law enforcement partners, the FBI’s Violent Crimes Task Force and Evidence Response Team diligently worked to collect evidence of Ortega-Hernandez’s actions on the night of Nov. 11, 2011, ultimately leading to the justice he received today for committing this crime of violence.”

     “Today’s sentencing is the result of the efforts of the U.S Secret Service and many of our law enforcement partners to provide the highest level of protection to our Nation’s leaders,” said Special Agent in Charge Michalko. 

**

     According to the government’s evidence, the events unfolded like this:

     Beginning in 2010, Ortega-Hernandez made repeated statements to many friends and associates in Idaho about his contempt for the federal government, and he espoused numerous theories regarding how the federal government was seeking to control Americans through Global Positioning System chips, fluoride, and aspartame. He also criticized the federal government for the wars in Afghanistan and Iraq, claiming that the United States was “bullying” other countries to obtain oil.  He made numerous statements vilifying the President of the United States, calling him “the devil” and “the anti-Christ,” among other things. On numerous occasions, he told friends and associates that “he was on a mission from God to take out Obama.” 

     On March 19, 2011, Ortega-Hernandez purchased a Romanian Cugir SA semi-automatic (AK-47-style) assault rifle from an individual in Idaho for $550.  He also purchased more than 1,200 rounds of ammunition to use with the weapon.  In August 2011, Ortega-Hernandez purchased a scope kit on the Internet and asked a friend to install it on the weapon for him.  Over the course of six months, Ortega-Hernandez repeatedly practiced firing the weapon at a desolate crater located on land owned by the Bureau of Land Management outside of Idaho Falls, Idaho. 

     On Oct. 23, 2011, Ortega-Hernandez made two short videos at the home of one of his friends.  In the videos, he praised Osama bin Laden for having the courage to stand up to the United States, and called for a revolution against the federal government.  Ortega-Hernandez described himself as a “cold-hearted warrior of God” and declared, “it’s time for Armageddon.”

     After making the two videos, Ortega-Hernandez departed Idaho Falls and drove more than 2,000 miles, armed with his Romanian Cugir SA semi-automatic assault rifle with the attached scope, and more than 180 rounds of ammunition.

     On Nov. 11, 2011, at approximately 8:50 p.m., Ortega-Hernandez drove southbound on 15th Street NW and made a right turn onto Constitution Avenue NW.  Shortly after passing the entrance to the Ellipse, he stopped his vehicle in the middle of the road.  With the passenger-side window of his car lowered, he pointed his assault rifle out the passenger-side window of the car and aimed directly at the White House.  He fired at least eight rounds at the White House. 

     Following the shooting, Ortega-Hernandez fled the scene, driving erratically and at a high rate of speed westbound on Constitution Avenue.  Moments later, he lost control of the vehicle and crashed near the ramp from Constitution Avenue to the Theodore Roosevelt Bridge in front of the United States Institute of Peace.  After efforts to restart the vehicle failed, Ortega-Hernandez fled from the vehicle on foot. Law enforcement subsequently launched a multi-jurisdictional search for Ortega-Hernandez.  He was arrested on Nov. 16, 2011, in Indiana, Pa.

     The FBI examined the area around the White House and located approximately eight bullet impact points on the south side of the building on or above the second story.  Two bullets were recovered from the White House: one from a window frame on the Truman Balcony and one found on the ground east of the South entrance.  The FBI determined that both of those bullets were fired from Ortega-Hernandez’s assault rifle.  The FBI also recovered a bullet jacket that was found in the window sill of the Truman Balcony, which was also fired from Ortega-Hernandez’s assault rifle.

     At the time of the shooting, two U.S. Secret Service officers were stationed on the northeast section of the roof of the White House.  One of the bullets fired by Ortega-Hernandez struck the roof of the White House within approximately 20 feet of where the officers were stationed.  In addition, another U.S. Secret Service Officer was stationed at the South Portico underneath the Truman balcony at the time of the shooting.  Several of the bullets fired by Ortega-Hernandez struck the Truman balcony directly above where this officer was stationed.  This officer took cover behind the stairwell, drew a firearm, and readied a shotgun. 

     In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave and Special Agent in Charge Michalko expressed their appreciation to those who diligently investigated this case from the FBI’s Washington Field Office, the U.S. Secret Service, and the U.S. Park Police. They also acknowledged the assistance provided by the Pennsylvania State Police; the Arlington County, Va. Police Department; the U.S. Attorney’s Office for the Western District of Pennsylvania; the FBI Laboratory at Quantico, Va.; FBI field offices in Pittsburgh and Salt Lake City, including the Idaho Falls Resident Agency, and Secret Service field offices in Pittsburgh, Salt Lake City, and Boise, Idaho. Additionally they thanked those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including former Assistant U.S. Attorney John Borchert, who assisted in securing the defendant’s indictment; Paralegal Specialists Jenifer Rowe and Devron Elliott, Victim/Witness Coordinator Dawn Tolson-Hightower, and Litigation Technology Specialist Leif Hickling.

     Finally, they commended the efforts of Special Assistant U.S. Attorney George P. Varghese and Assistant U.S. Attorney Alessio D. Evangelista of the National Security Section of the U.S. Attorney’s Office for the District of Columbia, who prosecuted the case.

14-075

WASHINGTON – Jason Whren, 33, of Washington, D.C., pled guilty today to charges of first-degree sexual abuse of a child and pandering of a minor for sexually abusing and prostituting a 15-year-old girl, U.S. Attorney Ronald C. Machen Jr. announced.

     Whren pled guilty in the Superior Court of the District of Columbia. The Honorable Lynn Leibovitz scheduled sentencing for June 11, 2014.  Whren faces a potential sentence of life in prison without the possibility of release, as well as a fine of up to $250,000.  In addition to prison time, he will be required to register as a sex offender for ten years.

     According to the government’s evidence, Whren contacted the victim on Facebook and began to develop a relationship with her over the telephone and internet.  After sending the victim numerous text messages that contained sexually explicit pictures of himself, Whren was able to entice the victim to travel from Seattle to Washington, D.C. in December 2012.

     Upon her arrival in Washington, D.C., the defendant immediately engaged in intercourse and other sexual activities with the victim.  He then began prostituting the teenager, forcing her to walk the streets to find clients, as well as compelling her to respond to illicit Internet advertisements that he posted.  The activities took place between Dec. 1, 2012 and Dec. 5, 2012 in Northeast Washington. Whren’s crimes were ultimately discovered by undercover officers conducting an operation to locate child prostitutes in the District of Columbia.

     In announcing the guilty plea, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Narcotics and Special Investigation Division, Human Trafficking Unit.  He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key, and Assistant U.S. Attorneys Danny Nguyen and Mervin A. Bourne, Jr., who investigated and prosecuted the matter.

14-076

WASHINGTON – Rafael Douglas, 20, of Capitol Heights, Md., was sentenced today to a 17-year prison term for his role in a murder that took place in broad daylight during an attempted robbery in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Douglas pled guilty in August 2013, in the Superior Court of the District of Columbia, to second-degree murder while armed. He was sentenced by the Honorable Robert E. Morin. Upon completion of his prison term, Douglas will be placed on five years of supervised release.

     According to the government’s evidence, Douglas and two other men made plans to rob workers who were making repairs to a building in the 4600 block of Hillside Road SE. On the afternoon of May 28, 2010, one of the men, Javon Hale, dropped Douglas and the second accomplice off on Hillside Road. Douglas and the second accomplice then approached the workers for the purpose of robbing them, including the victim, Manuel De Jesus Sanchez, 29.

     After they approached Mr. Sanchez, a physical confrontation ensued, and Douglas’s accomplice pulled out a gun and fatally shot the victim in the chest. Hale, 19, of Capitol Heights, Md., has been sentenced to 15 years in prison on a charge of conspiracy to commit a crime of violence while armed, and other unrelated offenses. The alleged gunman was later killed in an unrelated shooting.

     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 Assistant U.S. Attorneys Michelle Bradford and Jeffrey Pearlman; former Assistant U.S. Attorney Sharad Khandelwal; Victim/Witness Advocate Melissa Milam; Paralegal Specialist Kendra Johnson; and Litigation Technology Specialist Josh Ellen. Finally, he expressed appreciation for the work of Assistant U.S. Attorney Reagan M. Taylor, who prosecuted the case.

14-074

WASHINGTON – Arel Jennings, 30, of Washington, D.C., was sentenced today to a total of 11 ½ years in prison on charges of robbery, burglary, wearing a hood or mask, and possession of cocaine, U.S. Attorney Ronald C. Machen Jr. announced.

     Jennings and co-defendants Kevin Barnes and James Wright were found guilty by a jury in the Superior Court of the District of Columbia, following a trial in October of 2013. Jennings was sentenced by the Honorable Franklin L. Burgess, Jr. Upon completion of his prison term, Jennings will be placed on five years of supervised release.

     At prior proceedings, Barnes, 27, and Wright, 24, were sentenced to prison terms of 54 and 42 months, respectively, for their roles in the case.  Both are also from Washington, D.C.

     According to the government’s evidence, on Jan. 24, 2013, during the 11 p.m. shift change at a gas station in the 1300 block of Florida Avenue NE, Jennings, Barnes, and Wright, all wearing masks, forced their way into the attendants’ booth. The two attendants working the night shift were both recent immigrants to the United States.

     One of the three assailants assaulted one of the attendants, and the three stole over $700 from the booth and fled. Members of the Metropolitan Police Department’s Robbery Intervention Program were patrolling in the area, and apprehended all three defendants within a few blocks of the station. As he was being arrested, Jennings threw $185 onto the ground. A subsequent search revealed that Jennings had four plastic baggies of cocaine.

     Jennings was subject to enhanced sentencing penalties, due to his multiple prior felony convictions in the District of Columbia. 

     In announcing the sentence, U.S. Attorney Machen recognized the outstanding efforts of the detectives and officers from the Metropolitan Police Department, and particularly of the Robbery Intervention Unit, whose quick actions following the robbery were critical to 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. Attorneys Chrisellen Kolb and Jean Sexton; Paralegal Specialist Todd McClelland; and Litigation Technology Specialist Leif Hickling, who provided assistance. Finally, he commended the work of Assistant U.S. Attorneys John Truong, who investigated and indicted the case, and James Ewing, who prosecuted the case at trial.

14-073

WASHINGTON – Vincent Petaccio, 60, of Levittown, Pa., pled guilty today to a federal charge of possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Petaccio entered the guilty plea in the U.S. District Court for the District of Columbia.  The Honorable Rudolph Contreras is to sentence him on June 18, 2014.  Petaccio faces a maximum sentence of 20 years of imprisonment and a $250,000 fine.   

     According to the government's evidence, on April 12, 2013, Petaccio contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site.  Over the course of two days, Petaccio engaged in instant message conversations with officer, whom he believed was the father of an under-aged girl.

     During their communications, Petaccio sent the undercover officer 59 still images and 10 videos of graphic child pornography.  Pursuant to a search of Petaccio’s home at the time of his arrest, law enforcement recovered approximately 150 still images and 10 videos of child pornography on his computer.

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

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

14-072

WASHINGTON – Matthew Bullock, 30, of Washington, D.C., has been found guilty of a total of 24 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 today. 

     The verdicts, returned by a jury on March 19, 2014, followed 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. The Honorable John McCabe scheduled sentencing for May 30, 2014.

     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 verdict, 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.

14-071

WASHINGTON – Four members of a criminal street gang based at 14th and Girard Streets in Northwest Washington have been found guilty by a jury of murder and other charges stemming from a conspiracy to assault, kill, and threaten their rivals and obstruct justice.

     The guilty verdicts were announced today 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; Keir Johnson, 24; Lester Williams, 26, and Marcellus Jackson, 25. The guilty verdicts followed nearly four months of trial in the Superior Court of the District of Columbia. Givens, Johnson and Williams were found guilty on March 21, 2014, of murder and other offenses. Jackson was found guilty on the same date of conspiracy and related offenses. The jury then continued deliberations of other charges against Jackson, finding him guilty on March 24, 2014 of assault with a dangerous weapon and related charges. Today, the jury found him guilty of a second-degree murder charge.

     The Honorable Lynn Leibovitz scheduled sentencing for June 13, 2014. The defendants, who have been in custody since their arrests, face decades in prison.

     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.

     “During a four-month trial, this jury learned about the outrageous gang violence that culminated with the brazen daylight murder of 21-year-old Jamal Coates at a busy U Street intersection,” said U.S. Attorney Machen. “That murder came just a month after this gang killed a teenager in a school parking lot.  These guilty verdicts send a clear message about our community’s refusal to tolerate gang violence. In the District, we hold accountable the crew members who try to spread chaos and fear throughout our neighborhoods.” 

     “These verdicts are a reminder to our community that every sector and department of the criminal justice system will make every effort and exhaust its resources to ensure that our streets are safer by eradicating violent street gangs,” said Police Chief Lanier.  “Violence will not be tolerated, regardless of the intended recipient. I applaud all the hard work and collaboration of every agency involved in making today’s verdicts possible.”

     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 verdicts, 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.

14-070

WASHINGTON – Willie Walker, Jr., 23, and Ricky Donaldson, 22, both of Washington, D.C., were found guilty by a jury today of first-degree premeditated murder while armed with aggravating circumstances for the September 2008 slaying of a woman who was a government witness,  announced U.S. Attorney Ronald C. Machen Jr.

     The verdict followed a trial in the Superior Court of the District of Columbia.  In addition to the first-degree murder charge, the jury found the defendants guilty of conspiracy to commit first-degree murder while armed, obstructing justice, several firearms offenses, and related criminal street gang charges.  The jury also found Walker guilty of charges of aggravated assault and assault with intent to kill for two related shootings in February and March of 2008. 

     The defendants are to be sentenced May 30, 2014 by Honorable John Ramsey Johnson.

     According to the government’s evidence, Walker and Donaldson were members of a criminal street gang that operated in the area of the LeDroit Park neighborhood in Northwest Washington. The gang, known as “LDP,” or “Westside,” sold crack cocaine, among other illicit activities, in the Kelly Miller housing development in LeDroit Park. 

     On Feb. 4, 2008, after an argument, Walker shot a 55-year-old woman multiple times in the legs.  The victim immediately identified Walker as her assailant to law enforcement.  A warrant was issued for Walker’s arrest, but he was not immediately apprehended.  On March 31, 2008, Walker argued with Delois “Peaches” Persha, 44. Ms. Persha referenced the earlier shooting that Walker had committed, telling him that she would not be treated the same way. In response, Walker shot Ms. Persha multiple times in the torso, and then, as she lay on the ground, multiple times in the face.  Ms. Persha survived the attack, and immediately identified Walker as her assailant to law enforcement.  For her protection, Ms. Persha, who had grown up in LeDroit Park, was relocated out of the area.   

     After Walker was arrested and detained in July 2008, he and Donaldson, along with the aid of other LDP gang members, began communicating about hunting down and killing the witnesses against Walker.  On Sept. 13, 2008, Donaldson located Ms. Persha, who had returned to the area of LeDroit Park, and fatally shot her multiple times in the back and head.  Ms. Persha died from her injuries on Sept. 18, 2008. 

     The jury found Walker guilty of crimes for his role in the February and March 2008 shootings, as well as the murder of Ms. Persha. Donaldson was found guilty in the murder.

     “There is nothing we take more seriously than prosecuting those who would dare to use violence against a witness for simply being willing to tell the truth,” said U.S. Attorney Machen.  “In gunning down a witness, these gang members destroyed their own futures.  Their heinous actions will put them where they belong – behind bars for decades.”

     In announcing the verdicts, U.S. Attorney Machen praised the work of the detectives, officers, and crime scene technicians who investigated the case for the Metropolitan Police Department.  He also expressed appreciation for the work of the FBI’s Cellular Analysis Survey Team.  He commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Marian Russell, Sharece Muschette, Gary Nails, and Rommell Pachoca; Lead Paralegal Specialist Philip Aronson; Supervisory Paralegal Specialist Sharon Newman; Victim/Witness Advocates Jennifer Clark and Yvonne Bryant; Victim/Witness Security Specialists Michael Hailey, Deborah Cannon, M. Laverne Forrest, Katina Adams-Washington, and David Foster; Intelligence Specialist Zachary McMenamin; former Intelligence Specialist Larry Grasso; Criminal Investigators John Marsh and Durand Odom; and Litigation Technology Specialist Leif Hickling. 

     Finally, U.S. Attorney Machen recognized the work of Assistant U.S. Attorneys Chrisellen Kolb, Elizabeth Danello, David Goodhand, and Suzanne Curt, who provided legal assistance, Assistant U.S. Attorneys Alessio Evangelista and Michael Brittin, who investigated the case, and Assistant U.S. Attorney Kimberley Nielsen and Jeffrey Pearlman, who prosecuted the case at trial.

14-069

     WASHINGTON -David E. Warren, 27, of Washington, D.C., has been found guilty by a jury of first-degree felony murder while armed and other charges for the 2011 killing of a man in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today. 

     The verdicts, which were returned March 19, 2014, followed 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.  The Honorable Rhonda Reid Winston scheduled sentencing for June 6, 2014. 

     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, shortly 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.

     A co-defendant, Montez Warren, 32, the brother of David Warren, was acquitted by the jury of all charges. The final verdicts in his case were returned on March 20, 2014.

     In announcing the conviction of David Warren, 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.

14-068

WASHINGTON – Alexander Beltran Herrera, 37, a commander of the FARC terrorist organization, pled guilty today in the U.S. District Court for the District of Columbia to hostage-taking charges stemming from the 2003 kidnappings of three U.S. citizens in Colombia.

     The guilty plea was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; John P. Carlin, Acting Assistant Attorney General for National Security; and George L. Piro, Special Agent in Charge of the FBI’s Miami Division.

     Beltran Herrera pled guilty to three counts of hostage-taking. He is to be sentenced July 25, 2014, by the Honorable Royce C. Lamberth. The offense of hostage taking carries a maximum sentence of life in prison, although as part of the extradition process from Colombia, the United States agreed not to seek a sentence exceeding 60 years.

     According to a statement of facts submitted as part of the plea hearing, the FARC is an armed, violent organization in Colombia, which since its inception in 1964, has engaged in an armed conflict to overthrow the Republic of Colombia, South America’s longest-standing democracy. The FARC has consistently used hostage taking as a primary technique in extorting demands from the Republic of Colombia, and hostage taking has been endorsed and commanded by FARC senior leadership. The FARC has characterized American citizens as “military targets” and has engaged in violent acts against Americans in Colombia, including murders and hostage taking. The FARC was designated as a foreign terrorist organization by the U.S. Secretary of State in 1997 and remains so designated.

     Beltran Herrera, a commander in the FARC, was involved in the hostage taking of three United States citizens:  Marc D. Gonsalves, Thomas R. Howes, and Keith Stansell.  These three, along with Thomas Janis, a United States citizen, and Sergeant Luis Alcides Cruz, a Colombian citizen, were seized on Feb. 13, 2003, by the FARC, after their single-engine aircraft made a crash landing in the Colombian jungle. 

     Members of the FARC murdered Mr. Janis and Sgt. Cruz at the crash site.  Mr. Gonsalves, Mr. Howes, and Mr. Stansell were held by the FARC at gunpoint and were advised by FARC leadership that they would be used as hostages to increase pressure on the government of Colombia to agree to the FARC’s demands.  At various times, the FARC marched the hostages from one site to another, placing them in the actual custody of various FARC fronts.

     At the conclusion of one 40-day long march, in or about November 2004, the hostages were delivered to members of the FARC’s 27th Front, who imprisoned the hostages for nearly two years.  During part of this period, Beltran Herrera was responsible for moving the hostages and keeping them imprisoned.  Throughout the captivity of these three hostages, FARC jailors and guards used choke harnesses, chains, padlocks and wires to restrain the hostages, and used force and threats to continue their detention and prevent their escape.  In July 2008, the Colombian military conducted a daring operation which resulted in the rescue of the hostages. 

     All told, members of the FARC held the Americans hostage for 1,967 days.

     “Alexander Beltran Herrera was a terrorist and commander in the FARC organization who held three Americans hostage in the Colombian jungle,” said U.S. Attorney Machen. “With today's guilty plea, he admitted to his role in terrorizing these Americans, who were held in captivity for more than five years. His extradition and prosecution reflect our determination to bring to justice anyone who sets out to harm our fellow citizens overseas.”

     “This case underscores our resolve to hold accountable those who target our citizens with violence anywhere in the world,” said Acting Assistant Attorney General Carlin. “With this guilty plea, Alexander Beltran Herrera has admitted his participation in the hostage taking and captivity of three Americans by the FARC, a Colombian terrorist organization.  I want to thank all of the prosecutors, agents, and analysts who made this result possible.”

     “Alexander Beltran Herrera was a commander within FARC, a foreign terrorist organization based in Colombia that considered U.S. citizens to be targets for murder and hostage taking,” said Special Agent in Charge Piro. “First captured, then extradited to the United States, Herrera has now admitted to his role in moving and keeping hostage three American citizens, Marc D. Gonsalves, Thomas R. Howes and Keith Stansell.  Once again, the excellent, longstanding cooperation between the Colombian National Police and U.S. law enforcement has ended another terrorist’s career of violence and thuggery.”

     This case was investigated by the FBI’s Miami Division.  The prosecution is being handled by Assistant U.S. Attorneys Anthony Asuncion and Fernando Campoamor-Sanchez from the National Security Section of the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney David Cora, from the Counterterrorism Section of the Justice Department’s National Security Division. The case was indicted by Assistant U.S. Attorney Kenneth Kohl, of the National Security Section of the U.S. Attorney’s Office.   

     The FBI’s Miami Division partnered in the investigation with the Justice Department’s Office of International Affairs, the Department’s Judicial Attachés in Colombia, and the FBI’s Office of the Legal Attaché in Bogota, Colombia. The Directorate of Intelligence (DIPOL) and the Anti-Kidnapping Unit (GAULA) of the Colombian National Police also provided valuable support during the investigation.

14-067

WASHINGTON - Barrington Bennett, 36, of Washington, D.C., was sentenced today to 60 years in prison for sexually assaulting four victims at knifepoint between December 2011 and August 2012, U.S. Attorney Ronald C. Machen Jr. announced.

     Bennett was found guilty by a jury in October 2013, following a trial in the Superior Court of the District of Columbia, of four counts of first-degree sexual abuse while armed with aggravating circumstances, four counts of kidnapping while armed, and three counts of armed robbery. He was sentenced by the Honorable John Ramsey Johnson.

     According to the government=s evidence, Bennett lured the victims into his sport utility vehicle in attacks that took place on Dec. 16, 2011; Feb. 18, 2012; July 28, 2012, and Aug. 23, 2012.

     One victim joined Bennett after the offer of a ride home. The others were prostitutes who believed they would perform sex for money. Bennett had folded down the middle row of seats in the SUV and covered it with a blanket.  When victims got into the SUV, from various locations in Northeast and Northwest Washington, Bennett drove them to places in Northeast Washington. He pulled out a folding knife, held it to their throats, and raped them at knifepoint.

     Bennett also robbed three of the victims of cell phones and money. He cut the fourth victim on her jaw and head, and she wiped her blood on the blanket.  When she finally escaped the SUV, she saw the license plate and reported the tag number immediately.

     Detectives with the Metropolitan Police Department located the SUV within an hour, impounded it, and searched it after obtaining a warrant.  Inside the SUV, police discovered a folding knife that contained DNA consistent with the fourth victim and the defendant. Police also found a blanket that contained the fourth victim’s blood, along with the DNA of the defendant and the first victim. Finally, the second victim had received a sexual assault kit which contained Bennett’s DNA. 

     In announcing the sentence, U.S. Attorney Machen commended the work of detectives from the Metropolitan Police Department=s Sexual Assault Unit, the Fifth District, and the Forensic Science Division.  He also commended the work of the Consolidated Forensic Sciences Division.  He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson; Paralegal Specialists Jason Manuel and Tiffany Jones, and Victim-Witness Specialists David Foster and Katina Adams-Washington.  He particularly commended the work of Claudia Gutierrez, Joe Calvarese, Leif Hickling and the entire Litigation Support Staff for their work on the case. Lastly, Mr. Machen thanked Assistant U.S. Attorney Amy Zubrensky, who investigated, indicted and tried the case, Assistant U.S. Attorney Jodi Lazarus, who co-tried the case, and former Assistant U.S. Attorney Erin Andrews, who also investigated the case.

14-066

WASHINGTON - A 49-year-old man, of Washington, D.C., was sentenced today to 20 years in prison for sexually abusing a nine-year-old male relative, U.S. Attorney Ronald C. Machen Jr. announced.

     The man, who is not identified here to protect the privacy of the victim and his family, was found guilty by a jury in December 2013, of first-degree child sexual abuse with aggravating circumstances. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Russell F. Canan.  Upon completion of his prison term, the man will be placed on five years of supervised release and must register as a sex offender for the rest of his life.

     According to the government’s evidence, the defendant repeatedly sexually abused the victim in 2009 during a six-month period in which he and the victim lived together in Laurel, Md. One incident took place in Washington D.C., at the defendant’s place of employment.

     In announcing the sentence, U.S. Attorney Machen commended the work of the agencies that investigated the case, including the Laurel, Md., Police Department and the Metropolitan Police Department (MPD)’s Youth Investigations Division. He also expressed appreciation for the assistance provided by the U.S. Marshals Service, the FBI, and the Department of Justice, as well as the Children’s Advocacy Center, which provided critical services and treatment to the victim. In addition, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Child Forensic Interview Specialist Karen Giannakoulias; Paralegal Specialist Donhue Griffith; the Litigation Support Unit, including Litigation Technology Specialists Paul Howell and Joseph Calvarese, and the Victim Witness Assistance Unit, including Victim/Witness Advocates Melissa Milam and Elsa Resendiz. Finally, he praised the work of Criminal Investigator Mark Crawford and Assistant U.S. Attorney Lindsay Suttenberg, who indicted and prosecuted the case. 

14-065

WASHINGTON – Deonte Bryant and Terrance Bush, both 22 and of Washington, D.C., were each sentenced today to more than 60 years in prison for first-degree murder while armed and other charges for shooting and killing a man and wounding two other people during a shoot-out at a street festival in Northwest Washington, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     A jury found the men guilty in December 2013 of the murder charge, as well as three counts of assault with intent to kill while armed, one count of aggravated assault while armed, and related gun charges. The verdicts followed a trial in the Superior Court of the District of Columbia. Bryant and Bush were sentenced by the Honorable John Ramsey Johnson.  Bryant was sentenced to 60 and ½ years in prison and Bush was sentenced to 61 and ½ years in prison.

     According to the government’s evidence, in the late afternoon of June 25, 2011, Bryant and Bush provoked and then participated in a shootout with a member of a rival neighborhood group, striking and injuring the rival, as well as three innocent bystanders who were hit by gunfire as they tried to run away. The shooting took place in broad daylight, during the Caribbean Festival, in the area of the 700 block of Gresham Place NW.

     In total, Bryant and Bush fired about a dozen shots into the crowd. One of the innocent bystanders, Robert Foster, Jr., 43, was killed.  Another innocent bystander was gravely wounded but survived.  The third innocent bystander was shot in the leg and the side but also survived.

     The rival, Terry Jimenez, 22, earlier pled guilty to charges in the case. He is awaiting sentencing.

     “These murderers unloaded a dozen shots on a crowd of people enjoying a summer afternoon at the Caribbean Festival,” said U.S. Attorney Machen.  “Their stunning indifference to human life was responsible for the death of an innocent bystander and serious injuries to two others.  These lengthy prison sentences demonstrate our commitment to ending the pointless neighborhood feuds that incite violence and put innocent citizens at risk.”

     “This festival was supposed to be a day of celebration, but an innocent bystander was killed and others were injured as a result of gunfire between rivals,” said Chief Lanier. “Hopefully, the sentencing today will provide a sense of closure to the family of the deceased victim and the surviving victims who were impacted by this senseless violence.”

     In announcing the sentences, U.S. Attorney Machen and Chief Lanier praised the work of those who worked on the case from the MPD.  They also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kelly Blakeney and Mia Beamon; Victim/Witness Advocate Meshall Thomas, and Litigation Technology Specialists Leif Hickling and Anisha Bhatia.

     Finally, they commended the work of Assistant U.S. Attorneys Jennifer Kerkhoff and Kate Rakoczy, who tried the case, as well as Assistant U.S. Attorney Steven Snyder and former Assistant U.S. Attorney Bruce Hegyi, who indicted the case.

14-064

WASHINGTON – Herman Curtis Malone, 45, of Upper Marlboro, Md., pled guilty today to a federal drug offense for his role in a network that distributed substantial quantities of cocaine and heroin in the Washington, D.C. area.

     The guilty plea, 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 to a charge of conspiracy to distribute and possess with intent to distribute cocaine and heroin.  The charge carries a mandatory minimum of five years in prison, and under the terms of the plea deal, the defendant may be sentenced to as many as ten years in prison.  Given current federal sentencing guidelines, Malone faces an expected guideline range of 108 months to 120 months in prison as well as potential financial penalties.  As part of the plea agreement, Malone must pay a forfeiture money judgment of $150,000.

     The Honorable Ellen S. Huvelle scheduled sentencing for May 28, 2014.

     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.

     Two others have recently pled guilty to charges in the case. Clarence Redd, 34, of Washington, D.C., pled guilty to a charge of distribution of heroin that took place in August of 2012. Derico Williams, 36, of Seat Pleasant, Md., pled guilty to a charge of conspiracy to distribute and possess with intent to distribute cocaine. Both men are awaiting sentencing. A fourth defendant is awaiting trial.

     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 approximately one kilogram of cocaine and approximately 84 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, Maryland, was not lawfully able to possess a firearm.

     “More than 20 years after he was first convicted of dealing cocaine, Curtis Malone returned to a life of drug trafficking,” said U.S. Attorney Machen.  “He was perceived as a role model for our young people, but in truth he peddled heroin and cocaine and illegally possessed a firearm.  Malone now faces a lengthy prison sentence that will send a clear message to the young men he sought to influence: joining the world of guns and drugs is a sure-fire way to ruin your future.”

     In announcing the plea, 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.

14-062

WASHINGTON - Hakim J. Sutton, 32, of Washington, D.C., has been indicted on federal charges accusing him of stealing more than $115,000 from a District of Columbia political campaign in which he served as the treasurer and custodian of records.

     The indictment, unsealed today in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Ronald C. Machen Jr., Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and Thomas J. Kelly, Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI).

     Sutton was named in a sealed indictment returned by a grand jury on Feb. 21, 2014. The charges include five counts of wire fraud, two tax offenses, six counts of filing false and misleading campaign finance reports, and one count of first-degree theft. The indictment includes a forfeiture allegation seeking a money judgment representing proceeds from the crimes.

     According to the indictment, Sutton was the principal owner of the Sutton Group, which performed political consulting services in the District of Columbia and elsewhere. In 2011 and 2012, Sutton served as the treasurer and custodian of records for the campaign of a candidate seeking re-election to an at-large seat on the Council of the District of Columbia. The candidate, identified in court documents as “Candidate A,” ultimately lost in the November 2012 election.

     According to the indictment, between September 2011 and May 2012, Sutton diverted approximately $115,250 from the campaign bank account to himself by depositing the funds drawn from the campaign bank account into his own personal bank accounts, and converting funds drawn from the campaign bank account to cash.  All told, while serving as the campaign treasurer and in his capacity as a signatory on the campaign bank account, Sutton allegedly wrote 36 checks payable to himself and drawn from the campaign bank account. 

     Sutton used the money at various retailers, the indictment alleges, such as Gucci, Armani Exchange, and the Apple Store; to pay for limousine and car services, and to pay expenses for various trips, including to Martha’s Vineyard, Mass., Las Vegas, Miami, and other places.

     The indictment alleges that Sutton omitted references to the checks that he had written to himself in a series of six reports he filed with the District of Columbia Office of Campaign Finance. Sutton also is accused of tax evasion and failing to file a tax return for calendar 2011.

     “Hakim Sutton is charged with looting a political campaign of more than $115,000,” said U.S. Attorney Machen.  “According to the indictment, Sutton stole political donors’ money to go shopping at Gucci and Ferragamo and to travel to Las Vegas, Miami Beach, and Greece. This indictment reflects our commitment to ensuring integrity and transparency in the way political campaigns operate in the District of Columbia.”

     “The theft of campaign funds impacts the donors’ right to participate in the election process, and the constituents are the ultimate victim,” said Special Agent in Charge Kelly. “This indictment reaffirms that IRS-CI is committed to working with the US Attorney’s Office and the Metropolitan Police Department to ensure political campaigns in the District of Columbia are transparent.”

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

     This case was investigated by the Metropolitan Police Department and the Internal Revenue Service-Criminal Investigation. It is being prosecuted by Assistant U.S. Attorneys Bryan Seeley and David A. Last, of the Fraud and Public Corruption Section, and Anthony Saler, of the Asset Forfeiture and Money Laundering Section. Assistance was provided by former Paralegal Specialist Shanna Hays and Nicole Wattelet, Legal Assistant Angela Lawrence, and former Paralegal Specialist Lenisse Edloe.

14-063

WASHINGTON – Eric Justin Toth, 32, a former private school teacher and camp counselor, was sentenced today to 25 years in prison on child pornography and other charges.

     Toth left the Washington, D.C. area in 2008, amid an investigation that began with the discovery of pornographic images on a school camera that had been in his possession. After charges were filed against him, he became the subject of an international search and later was placed on the FBI’s list of Ten Most Wanted Fugitives. He was apprehended in Nicaragua last year and pled guilty in December 2013 in the U.S. District Court for the District of Columbia.

     The sentence was announced by Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; Rod J. Rosenstein, U.S. Attorney for the District of Maryland; John W. Vaudreuil, U.S. Attorney for the Western District of Wisconsin; Robert L. Pitman, U.S. Attorney for the Western District of Texas; Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida; John S. Leonardo, U.S. Attorney for the District of Arizona; Andrew M. Luger, U.S. Attorney for the District of Minnesota; John McCarthy, State’s Attorney for Montgomery, County, Md.; Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office; Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), and J. Thomas Manger, Chief of the Montgomery County, Md. Police Department.

     Toth pled guilty on Dec. 12, 2013, to three counts of production of child pornography and one count each of misuse of a Social Security number and identity theft. He was sentenced by the Honorable Rudolph Contreras, who today accepted a plea agreement signed by the parties.

     Following completion of the prison term, Toth will be placed on supervised release for the rest of his life. Upon his release, Toth also must register as a sex offender, receive sex offender treatment, and observe limits on his use of the Internet and his contacts with minors.

     The guilty plea resolved charges and potential charges in several jurisdictions, including the District of Columbia, Maryland, Wisconsin, Texas, Minnesota, Arizona, and Florida.

**

     “For the next 25 years, Eric Toth will be where he deserves to be – in a federal prison where he cannot harm any more children,” said U.S. Attorney Machen.  “Behind bars, Toth will no longer be able to manipulate and sexually exploit our most vulnerable victims.  The FBI deserves tremendous credit for tracking Toth to Nicaragua and bringing him to the District of Columbia to face justice.  The five-year manhunt that led to his capture demonstrates the depth of our commitment to defending children from sexual predators.”

     “Eric Toth spent five years on the run from justice, but today he learned his fate and will spend a substantial time behind bars where he will not be able to harm our children or the community,” said Assistant Director in Charge Parlave.  “I want to thank the dedicated agents, analysts and prosecutors who spent countless hours vetting tips from the public, chasing leads and eventually tracking down Toth.  Their work is representative of the high priority the FBI places on finding those who perpetrate crimes against children.”

     “This defendant’s crimes must be answered for,” said State’s Attorney McCarthy. “Thanks to the work of law enforcement forces around the world, Toth will be punished for his reprehensible actions, and his victims will be spared further trauma. Today, justice takes its course.”

     “This defendant used his position to exploit vulnerable youth in various communities,” said Chief Lanier. “I am pleased that the efforts of the Metropolitan Police Department, along with our local and federal law enforcement partners, led to this fugitive being captured and ultimately sentenced.”

     The investigation of Toth began in June 2008 with the discovery of images depicting child pornography on a camera at a private school in the District of Columbia, where he had been teaching. School administrators called the police, and security officers immediately escorted Toth from the school campus. Toth left the area soon thereafter, while the law enforcement investigation was continuing. Federal charges were filed against him in 2008 in the District of Columbia and Maryland. Toth, meanwhile, remained at large, traveling to multiple places.

     Toth was placed on the FBI’s Ten Most Wanted Fugitives list in April 2012 and finally apprehended in Nicaragua in April 2013.

     The three child pornography charges included in the guilty plea stem from photographs and videos that Toth took of children while working in 2005 as a camp counselor in northwest Wisconsin; as a teacher in 2006 at the private school in the District of Columbia; and at a private home in Maryland in 2007. These photographs and videos were located on a camera and media card found at the school in June 2008 and on a thumb drive found in Toth’s car when it was located at the Minneapolis-St. Paul International Airport in August 2008. Additionally, Toth pled guilty to misuse of a Social Security number for using someone else’s identifying information while working in Texas from 2009 until 2012. The identity theft charge stems from Toth’s use, in Texas, Florida, and elsewhere, of yet another person’s identifying information on a fraudulently obtained passport.

     As part of the plea agreement, Toth will not face charges for additional images of child pornography that were found on computers that Toth used.  In June 2009, after law enforcement learned that Toth had been living and working at a homeless shelter in Phoenix, authorities discovered a laptop computer that Toth had been using that contained images depicting child pornography. Toth had already left Phoenix at the time of this discovery. In addition, after Toth’s arrest, law enforcement discovered images and videos depicting child pornography on a laptop computer that Toth used when he lived in Texas and Nicaragua.

     This case was investigated by the FBI’s Washington Field Office; the Metropolitan Police Department; the Montgomery County, Md., Police Department, and other agencies.

     This case was prosecuted by Assistant U.S. Attorney Cassidy Kesler Pinegar of the U.S. Attorney’s Office for the District of Columbia, Special Assistant U.S. Attorney LisaMarie Freitas of the U.S. Attorney’s Office for the District of Maryland, and Assistant State’s Attorney Donna Fenton of the Montgomery County, Md. State’s Attorney’s Office.

     Assistance during the investigation was provided by the U.S. Attorney’s Offices from the Western District of Wisconsin; the Western District of Texas; the Southern District of Florida; the District of Arizona, and the District of Minnesota; the Montgomery County, Md. State’s Attorney’s Office; the U.S. Embassy Managua Regional Security Office; the Diplomatic Security Service Criminal Investigative Liaison Branch; U.S. Customs and Border Protection; the U.S. Marshals Service's National Sex Offender Targeting Center; and the National Center for Missing and Exploited Children - Sex Offender Tracking Team.

     The Nicaraguan National Police (NNP) Commissioner's Office, the NNP Trafficking in Persons Unit, and the Nicaraguan Immigration Service performed crucial work in securing Toth’s apprehension.

     Those assisting from the U.S. Attorney’s Office for the District of Columbia include Assistant U.S. Attorneys Julieanne Himelstein, Catherine K. Connelly, David Johnson and Virginia Cheatham, and former Assistant U.S. Attorneys Angela Schmidt and Michelle Zamarin. Paralegal Specialist Toni Donato also provided assistance.

14-061

WASHINGTON - Aaron Thorpe, 33, and Melvin Knight, 36, both of Washington, D.C., were sentenced today to more than two decades in prison on armed kidnapping and other charges stemming from an attack in which they held a man and woman for hours while searching a house for illegal drugs and cash, U.S. Attorney Ronald C. Machen Jr. announced.

     The defendants were found guilty in July 2013, following a trial in the U.S. District Court for the District of Columbia, of armed kidnapping, armed burglary, a weapons offense, and related charges. They were sentenced by the Honorable Richard J. Leon.

     Thorpe was sentenced to 25 years in prison, and Knight was sentenced to more than 22 years of incarceration.

     According to the government’s evidence, early Jan. 28, 2013, Thorpe and Knight lay in wait outside the home of the victim, who lived in the 6400 block of Kansas Avenue NW. They were armed with handguns and wearing ski masks and dark clothing. When the victim and his female friend approached the home, Thorpe and Knight emerged from behind a car, forced the victim and his friend against the wall of the home at gunpoint, and handcuffed them.

     In the course of trying to handcuff the victim, who was resisting restraint, Knight discharged his firearm. A neighbor, hearing the gunshot, looked out a window and saw three men – the victim, Thorpe, and Knight.  The neighbor described Thorpe and Knight as two men in masks and in all black, one with a shirt that had the word “POLICE” written across it.  The neighbor saw the men force the victim into his home and clearly saw one of them holding a gun.

     After the neighbor’s call to police, the Metropolitan Police Department (MPD) arrived on the scene and knocked on the door; no one responded. More units responded over the next few hours, including the department’s Emergency Response Team.

     Meanwhile, once inside, Thorpe and Knight had forced the victim and his friend to the floor. The two defendants then bound their legs and mouths with duct tape, and began searching through the home for illegal narcotics and cash.  They demanded that the victim tell them where to look, and threatened him and his friend, stating, “We’re not leaving any witnesses.”

     While lying face down on the floor, fearing for his life and that of his friend, the victim saw one of the defendants’ guns on the floor.  He was able to break his hands free and attempted to reach for the gun. At that point, one of the assailants jumped on him, beat him severely in the head and face with another gun, and threatened to kill the victim’s friend if he did not relent.  The male victim complied and the two defendants bound his hands with flexi-cuffs again.

     The defendants later hid and/or attempted to destroy evidence of their crimes, unbound the victims, and threatened them to tell a false story to police about what had happened inside the home.  Finally, at about 3:40 a.m., Thorpe and both victims walked out of the home; police officers then went in and located Knight upstairs.  Both defendants were placed under arrest.  

     In announcing the sentences, U.S. Attorney Machen commended the actions of the Metropolitan Police Department officers, detectives, and others who worked on the case. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Candace Battle and Debra McPherson, Legal Assistant Tammy Scott, Intelligence Specialists Francis Morgan and Sharon Johnson, and intern Christopher Kaltsas.  Finally, he commended the efforts of Assistant U.S. Attorneys Emory V. Cole and Brittain Shaw, who investigated and prosecuted the case.

14-060

WASHINGTON - Jeffrey E. Thompson pled guilty today to felony charges stemming from a scheme in which he and his companies secretly channeled more than $3.3 million in illegal contributions to at least 28 political candidates and their campaigns, including people running for the offices of President of the United States and Mayor of the District of Columbia.

     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 Richard Weber, Chief of the Internal Revenue Service-Criminal Investigation (IRS-CI).

     Thompson, 58, of Washington, D.C., pled guilty in the U.S. District Court for the District of Columbia, to two conspiracy charges. One is a federal offense: conspiring to violate federal campaign finance laws and to submit false filings to the Internal Revenue Service. The other is a District of Columbia offense: conspiring to violate District of Columbia campaign finance laws by defrauding the District of Columbia’s Office of Campaign Finance.

     The guilty plea calls for Thompson to cooperate fully in an ongoing investigation. The plea is contingent upon the approval of the Honorable Colleen Kollar-Kotelly. A sentencing date has not yet been set.

     In his guilty plea, Thompson admitted, among other things, to secretly channeling more than $668,800 to pay for campaign activities for a person identified in court documents as “Mayoral Candidate A,” a candidate in the 2010 mayoral race in the District of Columbia. He also admitted secretly channeling $608,750 to pay for efforts on behalf of a candidate in the 2008 presidential primary. In addition, he admitted secretly supporting others through illegal corporate contributions, excessive and unreported contributions, and conduit contributions.

**

     “Election after election, Jeff Thompson huddled behind closed doors with corrupt candidates, political operatives, and businessmen, devising schemes to funnel millions of dollars of corporate money into local and federal elections,” said U.S. Attorney Machen. “Today's guilty plea pulls back the curtain on years of widespread corruption.  With Mr. Thompson's cooperation, we have the opportunity to hold many wrongdoers accountable and to usher in a new era of honesty, integrity, and transparency in D.C. politics.”

     “Today, Mr. Thompson took responsibility for organizing a lengthy conspiracy that illegally channeled more than $3 million into federal and local campaigns dating back to the 2006 election cycle,” said Assistant Director in Charge Parlave. “The message we are sending today is clear. While the temptation to undermine the election process may be strong, you will not get away with it.  Together with our law enforcement partners, the FBI will be unwavering in combating corruption in the District of Columbia.”

     “Jeffrey Thompson engaged in behavior that blatantly ignored and directly circumvented clearly established campaign financing laws, but his egregious behavior did not stop there.  Thompson then directed TCBA, a company under his control, to file false corporate income tax returns and submit false documents to the IRS to cover his misdeeds” said IRS-CI Chief Weber. “Today's actions involving Mr. Thompson serve as a strong reminder of the commitment of IRS Criminal Investigation and our law enforcement partners to aggressively pursue those attempting to undermine the public's trust.”

**

     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. In his guilty plea today, he admitted using funds from those corporations to secretly finance campaign contributions and activities from at least 2006 until 2012.

     TCBA received millions of dollars under contracts with District of Columbia and federal government entities. DCHSI owned D.C. Chartered Health Plan, Inc. (Chartered), a corporation that contracted with the District of Columbia government to provide managed care services to a substantial number of District of Columbia residents. Chartered’s contract with the District of Columbia, paid primarily by the federal government, totaled about $300 million each year.  

     Five others have pled guilty since 2012 to charges involving Thompson’s illegal spending. They 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 “Mayoral Candidate A; and Troy White, the owner of a marketing company based in New York.

     Two others have pled guilty in a related investigation involving the 2010 mayoral election: Howard L. Brooks and Thomas W. Gore. Both worked on “Mayoral Candidate A’s” campaign.

     If accepted by the Court, Thompson’s plea calls for a sentence of up to 18 months in prison on the federal offense and a sentence of up to six months of incarceration for the District of Columbia offense. If the government determines at the time of sentencing that Thompson has complied with his obligations under the plea agreement, the U.S. Attorney’s Office will request that the Court dismiss the federal charge, leaving Thompson subject to up to six months in prison on the District of Columbia offense, to be followed by up to three years of supervised release.

**

     According to a statement of offense signed by the government as well as the defendant, Thompson and others carried out a scheme to use TCBA and DCHSI to disburse excessive and unreported contributions to pay for campaign services and campaign materials in coordination with and in support of political candidates, such as get-out-the-vote efforts. The nature of these coordinated, or in-kind, contributions, also known as “shadow campaigns,” took several forms, including the distribution and dissemination of campaign materials in support of political candidates and their campaign committees.

     Additionally, Thompson solicited individuals, including relatives, friends, employees, independent contractors, and the senior management of TCBA, to make conduit contributions in their names and the names of their relatives to campaign committees for federal and District of Columbia candidates, as well as a political action committee. He assured these individuals that he would arrange to pay for and otherwise reimburse the contributions. Thompson used personal and corporate money to advance funds and reimburse individuals for the political contributions that they made in their names and the names of their relatives.

     In some cases, he authorized and directed TCBA to make payments variously designated as salary, bonus payments, advances on bonuses, and consultant fees, all designed to disguise the fact that the funds were actually reimbursements for contributions.

     According to the statement of offense, Thompson and others took actions that caused TCBA to file false corporate income tax returns and submit false documents to the IRS. Thompson and a TCBA controller caused TCBA to wrongfully deduct TCBA's reimbursements to conduit contributors on tax returns for the years 2007 through 2010. Also, he and two TCBA officers knowingly executed false promissory notes to conceal TCBA's activities, and caused the false documents to be submitted to the IRS during an audit of the company.

District of Columbia Campaigns: More than $2.29 million

     According to the statement of offense, from 2006 until 2011, Thompson secretly provided more than $1.3 million for the off-the-books, or “shadow campaigns,” on behalf of seven candidates seeking office in the District of Columbia. He also secretly spent more than $130,000 for a voter registration drive on behalf of one candidate and agreed to pay another candidate $200,000 - along with other benefits - to withdraw from the 2006 mayoral race.

     The largest such shadow campaign financed “Mayoral Candidate A” in the 2010 mayoral election. During the primary election cycle for Mayor of the District of Columbia, from May 2010 through September 2010, Thompson used TCBA and DCHSI to funnel over $668,800 to pay for campaign services and materials in support of a shadow campaign for “Mayoral Candidate A,” who was challenging the incumbent mayor. The money was channeled through Details International, Inc., and Belle International, Inc., companies owned by Eugenia C. Harris.

     Most of this money went for a get-out-the-vote effort for the primary. For example, using funds provided by Thompson, and in consultation with Vernon Hawkins, individuals were paid to manage field operations and transportation related to the shadow campaign. Among other things, these individuals worked directly with, shared canvassing information with, shared workspace with, and coordinated operations with employees and agents of the official campaign for “Mayoral Candidate A,” including those managing get-out-the-vote efforts.

     The money also paid for expenses such as the hiring of the candidate’s official campaign driver; the leasing of a luxury sport utility vehicle to take the candidate to campaign-related and other events; and the purchase of posters, yard signs, T-shirts, and other campaign materials.

     In addition to the 2010 mayoral race, the statement of offense says that Thompson funded shadow campaigns for candidates running in the 2006 mayoral election; the 2007 special election for the Ward 4 seat on the Council of the District of Columbia; the 2008 election for an At-Large seat on the D.C. Council; the 2010 elections for Ward 1 and Ward 6 of the D.C. Council, and the 2011 special election for an At-Large seat on the D.C. Council.

     According to the statement of offense, Thompson secretly spent about $278,000 for a shadow campaign for a person described as “Mayoral Candidate B,” a candidate in the 2006 mayoral primary. In that same race, according to the statement of offense, Thompson agreed to pay a competing candidate $200,000 to drop out and endorse “Mayoral Candidate B.” Thompson also entered into a $150,000 consulting agreement with the competing candidate on behalf of TCBA.

     Also, between 2006 and 2011, Thompson utilized at least 75 conduits to make contributions to at least 15 mayoral and D.C. Council candidates in excess of $500,000.

Federal Campaigns: More than $1 million

     From February 2008 through May 2008, according to the statement of offense, Thompson used TCBA and DCHSI to funnel, through Harris’s Belle International, about $608,750 to fund a shadow campaign for a candidate running for President of the United States.

     The money was used for, among other things, the hiring of a marketing services company owned by Troy White, as well as for street teams and canvassers who supplemented the campaign’s official activities in Texas, Pennsylvania, Indiana, North Carolina and Puerto Rico.

     The services included assembling and organizing paid street teams and canvassers to disseminate and distribute campaign materials prepared by the presidential campaign, including posters, lawn signs, pamphlets and stickers. The agreed-upon goal of these efforts was to raise the campaign’s visibility during the 2008 presidential primary election cycle.

     Thompson also secretly provided $50,000 to help a civic organization pay for a lawsuit in Texas challenging the two-step voting process in that state, in which voters were allowed to vote twice, once in a primary and once in a caucus. He also provided $150,000 for a political demonstration organized by the civic organization in Washington, D.C. The funds for the lawsuit and the demonstration were to assist the campaign of the preferred presidential candidate.

     However, there is no indication that the presidential candidate was personally aware of Thompson’s illicit activities.

     Also, between 2006 and 2012, Thompson utilized at least 32 conduits to make contributions to at least 13 federal candidates and a political action committee of at least $250,000.

**

     In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Weber 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 the case.

     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, and former Assistant U.S. Attorneys Jonathan W. Haray and Mary Chris Dobbie, 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, Shanna Hays, Corrine Kleinman, and Nicole Wattelet; and Legal Assistant Angela Lawrence.

14-059

WASHINGTON – Vanessa Edwards-Hamm, a former officer with the Prince George’s County Police Department, was sentenced today to 30 months of probation, including four months to be spent in home confinement, for unlawfully disclosing information about a wiretap being used on a target of a law enforcement investigation.  

     The sentence was announced by U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Edwards-Hamm, 38, pled guilty in December 2013 in the U.S. District Court for the District of Columbia to a charge of making an unlawful disclosure of wire, oral, or electronic communications. She was sentenced by the Honorable Chief Judge Richard W. Roberts. While on probation, Edwards-Hamm must complete 100 hours of community service.

     As a condition of the plea, Edwards-Hamm has resigned from the Prince George’s County Police Department. She had been a member of the department since 2004. At the sentencing today, Chief Judge Roberts barred Edwards-Hamm from seeking or obtaining employment as a law enforcement officer during her period of probation.

     Edwards-Hamm was among 17 people indicted in July 2013 on federal charges in connection with an investigation into a network that allegedly distributed heroin, cocaine, marijuana, and prescription pills in the Washington, D.C. area. She was indicted on one count each of tampering with documents or proceedings and unlawful notice of electronic surveillance. The other 16 defendants were charged with taking part in a drug conspiracy.

     According to the government’s evidence, Edwards-Hamm received information on Feb. 22, 2013, that Aaron Vaughn, the brother of one of her close friends, was under investigation for illegal drug trafficking. She also learned that federal agents had a wiretap on Vaughn’s telephone number and that they previously had wiretaps on other numbers associated with him. Finally, she learned that agents felt they had collected enough evidence for an indictment against Vaughn.

     In her guilty plea, Edwards-Hamm acknowledged that she called Aaron Vaughn’s brother on Feb. 22 or Feb. 23, 2013; at the time, Vaughn’s brother was serving a prison sentence. She acknowledged that she talked to him in a way that informed him that his brother, Aaron Vaughn, was under investigation; that law enforcement had a wiretap on Aaron Vaughn’s telephone, and that it was too late to help Aaron Vaughn avoid arrest. Furthermore, she acknowledged informing her own brother, Mark Edwards, that law enforcement was listening to Aaron Vaughn’s telephone conversations and that he should be careful and stay away from him. At that point, Mark Edwards also was a target of the drug investigation.

     She acknowledged these actions were conducted with the intent to interfere or impede with the FBI investigation. At the time of this conduct, Edwards-Hamm was serving as a task force officer with the Drug Enforcement Administration (DEA) in Maryland.

     According to the government’s evidence, Aaron Vaughn got a call from his brother on Feb. 26, 2013 and was told to stop dealing with those he was involved with and to change his telephone number. Aaron Vaughn’s brother also advised him to consider moving out of the area.

     Aaron Vaughn, 36, and Mark Edwards, 40, were among the 16 defendants indicted on federal narcotics charges in July 2013. Vaughn remains a fugitive from justice.

     This prosecution grew out of a long-term FBI/MPD alliance called the Safe Streets Task Force that targets violent drug trafficking gangs in the District of Columbia.  The Safe Streets Initiative is funded in part by the Baltimore Washington High Intensity Drug Trafficking Area as well as the Organized Crime Drug Enforcement Task Force. The initiative involves more than 150 Safe Streets Task Forces across the country that combat street gangs by combining federal, state and local police resources. The task forces, which began in 1992 in Los Angeles and the District of Columbia, address gang activity, including drug-related crimes.

     In announcing the sentence, U.S. Attorney Machen, Assistant Director Parlave and Chief Lanier expressed appreciation for those who pursued the investigation from the FBI/MPD Safe Streets Task Force. They also expressed appreciation for the assistance provided by the Prince George's County, Md., and Culpeper, Va. police departments, as well as the U.S. Marshals Service and the Charlottesville Resident Agency of the FBI’s Richmond Field Office.

     In addition, they acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Paralegal Specialists Teesha Tobias and Starla Stolk; Legal Assistant Niya Attucks; Program Specialist Kim Hall, and Legal Assistants Diane Brashears and Jessica Moffatt, and Assistant U.S. Attorneys Arvind K. Lal, Catherine K. Connelly and Zia Faruqui, of the Asset Forfeiture and Money Laundering Section. Finally, they thanked Assistant U.S. Attorneys Kenneth F. Whitted and David B. Kent of the Violent Crime and Narcotics Trafficking Section, who are prosecuting the case.

14-058

WASHINGTON - Garfield M. Taylor, 55, of Rockville, Md., pled guilty today to a securities fraud charge stemming from operating a Ponzi scheme that resulted in investors losing approximately $25 million that they invested with Taylor and companies he controlled.

     The plea was announced by Principal Assistant U.S. Attorney Vincent H. Cohen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Chester A. McPherson, Interim Commissioner of the District of Columbia Department of Insurance, Securities, and Banking.

     Taylor pled guilty in the U.S. District Court for the District of Columbia to securities fraud.  The Honorable Chief Judge Richard W. Roberts scheduled sentencing for July 15, 2014. Under federal sentencing guidelines, Taylor faces a likely range of 151 to 188 months of incarceration, as well as a fine of up to $175,000. Under the plea agreement, he also must pay restitution to the victims of the scheme.  The government maintains that these victims’ losses total, at least, $25,123,707. Finally, Taylor is subject to an additional forfeiture money judgment.

     In a parallel action, the U.S. Securities and Exchange Commission obtained a civil judgment against Taylor for his fraudulent conduct.

     “Today Garfield Taylor admitted to orchestrating a Ponzi scheme that left charities and families in our area with $25 million in losses,” said Principal Assistant U.S. Attorney Cohen. “Taylor used smoke-and-mirror tactics to make promises he could never keep and lied to investors about how he was using their money until the whole scam came crashing down.  The years in prison he faces are a just punishment given the enormous financial harm his fraud inflicted on the residents of the District of Columbia.”

     “By pleading guilty today, Mr. Taylor took responsibility for bilking clients out of more than $25 million by falsely leading them to believe that he was investing their hard-earned money in the way he promised he would,” said Assistant Director in Charge Parlave. “There is no safe harbor for criminals who commit securities fraud, and the FBI will continue to work with our federal, state and local partners to eradicate those who threaten the integrity of our financial markets.”

     “This significant case involved a serious, complex type of securities fraud that impacted many people’s livelihoods, savings and investments. I applaud the joint efforts by the investigators in our department, the U.S. Attorney’s Office and the FBI to shut down this scheme that deceived many out of their hard earned money,” said Interim Commissioner McPherson. “Today’s plea demonstrates that defrauding investors in the District carries significant consequences.”

     According to the government’s evidence, Taylor devised and employed a scheme from in or about September 2006 through in or about September 2010 in which he convinced investors to invest with him by promising them substantial returns on their investment, telling them that he used a sophisticated securities trading strategy that protected against loss, and claiming that he had a proven track record of using this strategy effectively. 

     During the course of this scheme, however, Taylor never used the trading strategy that he told investors that he would use. With the investments he did make during this period, Taylor either lost money or made minimal profits far below what was needed to pay the amounts he owed.  The only way that Taylor was able to pay the substantial interest rates he was paying during this period was to use portions of the principal invested by new investors to pay amounts that were owed to earlier investors.

     In one example from the government’s evidence, Taylor, in April 2010, used approximately half of an investor’s $425,000 investment to pay interest and principal that was due to earlier investors, rather than using those funds to invest in securities, as he had promised to do. Taylor paid only a portion of the interest payments he was required to pay the investor, before telling the investor that, because of trading losses, he was unable to make any more interest payments or to return the investor’s principal.

     At the time of the scheme’s collapse, Taylor owed investors approximately $25 million just to cover the principal he was contractually required to return to them.

     In announcing the plea, Principal Assistant U.S. Attorney Cohen, Assistant Director in Charge Parlave, and Interim Commissioner McPherson commended the work of those who investigated the case from the FBI’s Washington Field Office and the D.C. Department of Insurance, Securities and Banking. They also expressed appreciation to the U.S. Securities and Exchange Commission for its significant assistance. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tasha Harris, L. Lenisse Edloe, and Shanna Hays; Litigation Technology Specialist Joseph Calvarese; Assistant U.S. Attorneys Matt Graves, Lionel André, and Catherine K. Connelly, who investigated and prosecuted the matter; and former Assistant U.S. Attorney Bridget Fitzpatrick, who investigated the matter.

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WASHINGTON - Jon C. Cooper, 64, of Washington, D.C., was sentenced today to an 18-month prison term for one count of tax evasion related to his failure to report over $448,000 in income that he received in 2006.

     The sentencing, in the U.S. District Court for the District of Columbia, 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).

     Cooper pled guilty to the charge in October 2013. As part of his guilty plea, Cooper admitted that, in December 2006, he and a second defendant, Alan Messner, induced an Indonesian airline company to pay them a $1 million security deposit to lease two aircraft using various false and fraudulent pretenses, representations, and promises – including forged and fraudulent documents.  Cooper admitted that, after he received the $1 million security deposit, he transferred $284,500 to Messner in December 2006 and January 2007.  Cooper spent the balance of the security deposit for his own personal benefit.  Cooper and Messner did not provide the promised aircraft and did not return any funds to the Indonesian airline company.

     Cooper admitted that he did not report at least $448,727 of those proceeds on his federal income tax return for 2006.  Cooper further admitted that income he failed to report was the proceeds of criminal activity.  By under-reporting his income, Cooper claimed a tax refund that year.  As a result of Cooper’s tax evasion, Cooper caused a tax loss of at least $140,109 to the United States.

     Cooper was sentenced by the Honorable Amy Berman Jackson.  As part of his guilty plea, Cooper agreed to pay $140,109 owed to the United States.  Cooper further agreed to make restitution of $1 million to the victimized Indonesian airline company. Upon completion of his prison term, Judge Jackson ordered that Cooper be placed on three years of supervised release.

     In a related case, Messner, 41, of Rolling Meadows, Ill., pled guilty in August 2013 to one count of tax evasion, admitting that he failed to report any portion of the $284,500 that he received on his federal income tax returns, and admitting that the income came from criminal activity.  Messner was sentenced by Judge Jackson on Feb. 21, 2014. She sentenced him to a year and a day in prison, to be followed by three years of supervised release. The judge also ordered him to pay $62,231 in restitution to the United States.

     In announcing the sentence, U.S. Attorney Machen, Assistant Director Parlave, and Special Agent in Charge Kelly expressed appreciation for the work done by those who investigated the case from the FBI’s Washington Field Office the Washington Field Office of the IRS-CI. They also acknowledged the efforts of Trial Attorney Jessica Moran, of the Department of Justice’s Tax Division. Finally, they 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. Attorneys Richard DiZinno and Jonathan Hooks, who investigated and indicted the case.

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