District of Columbia

WASHINGTON - Antonio Barnes, 21, of Washington, D.C., was sentenced today to a 25-year prison term for his role in a shootout in which two people were killed, including a 15-year-old bystander, U.S. Attorney Ronald C. Machen Jr. announced. The gunfire took place in 2009 while young children were walking home from school in the Clay Terrace area.

     In May 2013, Barnes, along with his co-defendants, Earl Jackson, 20, and Sequarn Tibbs, 22, each pled guilty in the Superior Court of the District of Columbia to two counts of voluntary manslaughter, and one count each of conspiracy, assault with a dangerous weapon, and carrying a pistol without a license. Barnes, also known as “Squirt,” was sentenced by the Honorable Herbert B. Dixon, Jr. Jackson will be sentenced on Sept. 13, 2013 and Tibbs on Nov. 7, 2013.

     According to the government’s evidence, on Oct. 13, 2009, Barnes and his co-defendants were members of a group they called “Young Savage” from the 37th Street/37th Place neighborhood of Southeast Washington. Barnes, Jackson, Tibbs, and others, including Tibbs’s identical twin brother, Daquan Tibbs, went to the Clay Terrace neighborhood seeking to avenge a burglary from Jackson’s Clay Terrace home.

     The gun battle began after Barnes and his co-defendants entered a common area of Clay Terrace in the early afternoon hours, just as neighborhood schools were letting out, and Sequarn Tibbs opened fire on the Clay Terrace residents who were gathered. A 15-year old innocent bystander, Davonta Artis, was shot and killed during this gun battle.  Daquan Tibbs, then 18, also was killed and three other men were seriously injured.

     After warrants were issued for their arrests, Barnes, Jackson and Tibbs fled the area. Barnes and Jackson were ultimately arrested in January 2012 in Charlotte, N.C., after they were featured on the “America’s Most Wanted” television program and tips were provided as to their whereabouts. Tibbs was captured in September 2010 in New York.

     In announcing today’s sentence, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s (MPD) Cold Case/Major Case Squad, officers of the MPD’s Sixth District and the Firearms Unit, and the detective who coordinated the nationwide search for Barnes, Jackson and Tibbs.  He also commended the work of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialists Alesha Matthews-Yette, Kendra Johnson, Kwasi Fields, Sandra Lane, Meridith McGarrity and Fern Rhedrick; Litigation Technology Specialist Leif Hickling; Intelligence Specialist Lawrence Grasso; Investigative Analyst Zachary McMenamin; Criminal Investigator Durand Odom; Victim/Witness Advocate Marcia Rinker, and Law Clerks Flynn Burke and Cadene Russell.

     In addition, he acknowledged the efforts of former Assistant U.S. Attorneys Sean Tonolli, J.P. Cooney, Heather Carlton, and Sharad Khandelwal, who were involved in the investigation and presentation of evidence during the early phases of these cases.

     Finally, Mr. Machen commended the work of Assistant U.S. Attorneys Reagan Taylor and Deborah Sines, who indicted and prosecuted the case.

WASHINGTON – A 20-year-old man, of Washington, D.C., has pled guilty to charges stemming from a sexual assault against a five-year-old relative, U.S. Attorney Ronald C. Machen Jr. announced today.

     The defendant, who is not identified here to protect the privacy of the victim, pled guilty on Aug. 30, 2013, to one count each of attempted second-degree child sexual abuse and violating the Bail Reform Act. The Honorable Robert E. Morin scheduled sentencing for Nov. 22, 2013. The defendant faces up to 5 1/2 years in prison and also will be required to register as a sex offender for 10 years.

     According to the government’s evidence, on May 9, 2013, at approximately 8:50 p.m., the defendant was at the home of a relative in Northeast Washington. During this time, the child and her mother were living temporarily with the same relative and were also in the apartment.  The child’s mother, who had momentarily left the home, returned to find the defendant under a blanket with her daughter.  The child made an immediate report regarding sexual acts the defendant engaged in with her while her mother was gone. 

     While this case was pending, the court released the defendant, placing him in the high-intensity supervision program on June 14, 2013. After the June court date, the defendant removed his GPS device, and he did not appear in court as scheduled for a hearing on July 15, 2013.  He was re-arrested on a bench warrant on July 26, 2013.

     In announcing the plea, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s (MPD) Youth Division who were involved in the arrest and investigation of this case.  He also expressed his appreciation to Paralegal Specialist D’Yvonne Key, Victim/Witness Advocate Tracey Hawkins, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the case.

WASHINGTON – A 20-year-old man, of Washington, D.C., has pled guilty to charges stemming from a sexual assault against a five-year-old relative, U.S. Attorney Ronald C. Machen Jr. announced today.

     The defendant, who is not identified here to protect the privacy of the victim, pled guilty on Aug. 30, 2013, to one count each of attempted second-degree child sexual abuse and violating the Bail Reform Act. The Honorable Robert E. Morin scheduled sentencing for Nov. 22, 2013. The defendant faces up to 5 1/2 years in prison and also will be required to register as a sex offender for 10 years.

     According to the government’s evidence, on May 9, 2013, at approximately 8:50 p.m., the defendant was at the home of a relative in Northeast Washington. During this time, the child and her mother were living temporarily with the same relative and were also in the apartment.  The child’s mother, who had momentarily left the home, returned to find the defendant under a blanket with her daughter.  The child made an immediate report regarding sexual acts the defendant engaged in with her while her mother was gone. 

     While this case was pending, the court released the defendant, placing him in the high-intensity supervision program on June 14, 2013. After the June court date, the defendant removed his GPS device, and he did not appear in court as scheduled for a hearing on July 15, 2013.  He was re-arrested on a bench warrant on July 26, 2013.

     In announcing the plea, U.S. Attorney Machen commended the work of the detectives of the Metropolitan Police Department’s (MPD) Youth Division who were involved in the arrest and investigation of this case.  He also expressed his appreciation to Paralegal Specialist D’Yvonne Key, Victim/Witness Advocate Tracey Hawkins, and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the case.

WASHINGTON – Joel R. Bromwell, 32, of Annapolis, Md., was sentenced today to four years in prison on charges of involuntary manslaughter and driving under the influence of alcohol stemming from a traffic fatality in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Bromwell pled guilty to the charges in May 2013 in the Superior Court of the District of Columbia.  He was sentenced by the Honorable Lynn Leibovitz.  In addition, Bromwell was ordered to pay $200 in court costs, and, upon his release from prison, he will be placed on three years of supervised release.

     According to the government’s evidence, on March 21, 2013, at about 8:15 p.m., Bromwell was driving a sport utility vehicle at a high rate of speed, headed east in the 1100 block of Florida Avenue NE.  The victim, Ruby L. Whitfield, 71, and two other individuals were walking across Florida Avenue at the intersection with 11th Street NE, in a marked crosswalk. Ms. Whitfield had just left church after an usher practice for the upcoming Palm Sunday.

     Vehicular traffic at the intersection had stopped to give Ms. Whitfield and the other pedestrians the right of way.  An eyewitness saw the SUV strike Ms. Whitfield without stopping, and she was lodged beneath the vehicle for about 86 feet. 

     The eyewitness followed the SUV as it drove from the scene and approached Bromwell while he was stopped at a red light a block away.  The witness told Bromwell that he had just hit someone and that he should return to the scene.  Instead, Bromwell drove off without making his identity known. 

     The Metropolitan Police Department (MPD) located the SUV and Bromwell a short time later.  Bromwell failed field sobriety tests.  He admitted that he was the driver of the SUV and that he had been drinking prior to the crash.  Bromwell was arrested and, while at a police station, breath tests indicated that his blood alcohol content was above the legal limit for driving. 

     In announcing the sentence, U.S. Attorney Machen praised those who investigated the case for the Metropolitan Police Department, including members of the Major Crash Unit.  He also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Sandra Lane, Fern Rhedrick and Phil Aronson, and Victim Witness Program Specialist Marcia Rinker.

     Finally, he commended the work of Assistant U.S. Attorney Edward A. O’Connell, who prosecuted the matter.

WASHINGTON - Alexander Gomez-Enamorado, 23, was found guilty by a jury today of  conspiracy, first-degree felony-murder, tampering with evidence, obstruction of justice, and related charges for the murder of a restaurant owner, U.S. Attorney Ronald C. Machen Jr. announced.

     The verdict followed a trial in the Superior Court of the District of Columbia. Gomez-Enamorado, who lived in various locations in the Washington, D.C. area, is originally from Honduras. He is facing more than 100 years in prison, and is scheduled to be sentenced by the Honorable Russell F. Canan on Nov. 8, 2013 – exactly three years to the day after the murder.

     At trial, the evidence established that in early November, 2010, Gomez-Enamorado recruited an associate to rob restaurant owner Miguel Ventura, 54, at knifepoint.  Once inside Mr. Ventura’s establishment, Izalco Restaurant, in the 1200 block of 11th Street NW, Gomez-Enamorado and his partner attempted to rob Mr. Ventura. 

     Mr. Ventura fought back, and was brutally attacked, suffering ten stab wounds, 30 cutting wounds, and repeated blunt force trauma to his head and face, breaking his nose and cheekbones.  Gomez-Enamorado and his partner fled, and Gomez-Enamorado disposed of the murder weapon.  The victim’s daughter, Ofelia Ventura, discovered her father’s body at the restaurant later that day.  Ms. Ventura testified that her father was so badly beaten and disfigured that she could not even recognize him when she saw him dead on the floor of his restaurant. 

     In the days and months after the murder, Gomez-Enamorado falsely reported to the police that he was merely a witness to the murder of Mr. Ventura.  He even fraudulently received assistance from the Crime Victim’s Compensation Program, which is administered by the Superior Court to assist victims of violent crime. 

     Thanks to the persistence and vigorous work of the Metropolitan Police Department, with assistance from the FBI, the defendant’s lies unraveled and he ultimately was arrested in May 2012. 

     After a two-week trial, the jury deliberated for less than one day before returning guilty verdicts on the following charges:  conspiracy to commit armed robbery, armed robbery, second-degree burglary, first-degree felony murder, tampering with evidence and obstruction of justice.

     In announcing the verdict, U.S. Attorney Machen recognized the outstanding efforts of the detectives, evidence technicians, and DNA Analyst who investigated the case from the Metropolitan Police Department, as well as the Special Agent from the FBI who worked on the matter.  He also commended the work of Assistant U.S. Attorneys Magdalena Acevedo and Glenn Kirschner, who tried the case, as well as the outstanding efforts of Paralegal Specialist Meridith McGarrity and Victim/Witness Advocate Christina Principe.

WASHINGTON - Arsalan Shemirani, 30, an Iranian citizen, has been sentenced in the District of Columbia to 48 months in prison for conspiracy to illegally export more than 3,000 electronic components from the United States to Iran through Hong Kong.  Shemirani was also sentenced to forfeiture in the amount of $187,305.
  

     The sentence 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 Scot Rittenberg, Acting Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), Washington, D.C.

     On Jan. 25, 2013, Shemirani pled guilty in the U.S. District Court for the District of Columbia to conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and to defraud the United States. He was sentenced by the Honorable Richard J. Leon on Aug. 15, 2013. The sentence was unsealed by the Court and made public Aug. 29, 2013.

     According to court documents filed in the case, beginning as early as January 2010 and continuing through at least November 2011, Shemirani, with his brother in Iran and a co-conspirator in Hong Kong, exported electronic parts from the United States to Iran, via Canada and Hong Kong, without first obtaining a license or authorization from the Office of Foreign Assets Control, Department of Treasury.

     The defendant, who was residing in Canada during the time of the conspiracy, received purchase orders from his brother, who operated an electronics supply business in Tehran, Iran. The items purchased by the defendant on behalf of the conspiracy included high performance electronic power equipment such as field programmable microchips, acceleration sensor semi-conductors, analog converters, and other testing and power equipment.  During the course of the conspiracy, the defendant purchased approximately 3,695 electronic components that were then illegally exported to his brother in Iran.

     The investigation was conducted by the ICE Homeland Security Investigations (HSI) in Washington, D.C. The prosecution was handled by Assistant U.S. Attorney Courtney Spivey Urschel and former Assistant U.S. Attorney Robert Bowman, from the U.S. Attorney’s Office for the District of Columbia, and Trial Attorney Brandon Van Grack from the Counterespionage Section of the Justice Department’s National Security Division. 

WASHINGTON - Alan Messner, 41, of Rolling Meadows, Illinois, pled guilty today in the U.S. District Court for the District of Columbia to one count of tax evasion related to his failure to report $284,500 in income he received in 2006 and 2007. 

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

     As part of his guilty plea, Messner admitted that, in December 2006, he and Jon C. Cooper 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.  Messner admitted that, after Cooper received the $1 million security deposit, Cooper transferred $284,500 to Messner in December 2006 and January 2007.  Messner spent that portion for his own personal benefit.  Likewise, 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.

     Messner admitted that he did not report any portion of the $284,500 on his federal income tax returns for either tax year.  As a result of Messner’s tax evasion, Messner caused a tax loss of $62,231.60 to the United States.

     Messner is scheduled to be sentenced on December 13, 2013, before the Honorable Amy Berman Jackson.  On the tax evasion charge, Messner faces a maximum sentence of five years in prison and a $250,000 fine.  In addition, as part of his guilty plea, Messner agreed to pay the full $62,231.60 owed to the United States.

     In the related case, Cooper is scheduled for trial on Jan. 21, 2014, also in the U.S. District Court for the District of Columbia.  In April 2013, a grand jury returned a superseding indictment against Cooper, charging him with conspiracy, first-degree fraud, wire fraud, and money laundering related to the embezzlement from the Indonesia airline.  The superseding indictment against Cooper also includes counts of bank fraud, making a false statement on a loan application, and aiding or assisting the filing of a false tax return. The superseding indictment reincorporates a forfeiture allegation seeking all proceeds obtained through the wire fraud and money laundering scheme. Cooper, 64, of Washington, D.C, has pled not guilty to those charges.

     According to the superseding indictment, in or about December 2006, Cooper and Messner offered to lease two aircraft to an Indonesian airline company, although their company owned no such aircraft.  Instead, Cooper induced the Indonesian airline to agree to the deal - and pay a $1 million security deposit - by using a forged letter from an attorney whom Cooper claimed would hold the deposit.  Similarly, Cooper allegedly used a forged letter purporting to represent that Cooper’s company had an agreement to buy the aircraft it would lease to the Indonesian airline.  As the superseding indictment charges, based on those and other false representations, the Indonesian airline made the $1 million security deposit. But the very day the security deposit was received, Cooper moved it to his personal account.  Cooper then spent it on personal expenses, such as his credit card debt and personal loans.

     An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.

     The case is being investigated by the FBI’s Washington Field Office and the Washington Field Office of IRS-CI. It is being prosecuted by the U.S. Attorney’s Office for the District of Columbia. 

WASHINGTON – Ohio-based RPM International Inc. and its subsidiary, Tremco Inc., have paid $60.9 million to resolve allegations that Tremco filed false claims in connection with two Multiple Award Schedule (MAS) contracts with the General Services Administration (GSA) for roofing supplies and services, the Justice Department announced today.

     Tremco failed to provide the government with price discounts provided to non-federal government customers. Tremco also allegedly marketed expensive materials to government purchasers without disclosing the availability of the same materials at lower cost that were manufactured and sold by the company. Tremco is a manufacturer of construction products and services and is a subsidiary of the RPM Building Solutions Group.

     “Companies that knowingly skirt the rules for securing government business undermine the integrity of the procurement process and create an unfair advantage against companies that are playing by the rules,” said Stuart F. Delery, Assistant Attorney General for the Justice Department’s Civil Division. “We are committed to ensuring a level playing field and protecting taxpayer dollars.”

     Allegedly, from January 2002 to March 2011, Tremco knowingly violated its contractual obligations to provide GSA with current, accurate and complete information about its commercial sales practices, to report changes in discounts to comparable commercial customers and to pass those discounts on to government customers. As a result, the government allegedly paid more than it should have for Tremco’s services and products. In addition, Tremco allegedly improperly marketed generic products as a superior line of the same product and used a defective adhesive formula in its roofing systems.

     The GSA MAS program provides government purchasers with a streamlined process for procurement of commonly used commercial goods and services. To be awarded a MAS contract, and thereby gain access to the broad government marketplace and ease of administration that comes from selling to hundreds of government purchasers under one contract, contractors must agree to disclose commercial pricing policies and practices.

     The settlement resolves a qui tam, or whistleblower, lawsuit filed on behalf of the government by former Tremco vice president Gregory Rudolph, who will receive more than $10.9 million as his share of the recovery in the case. Under the whistleblower provisions of the False Claims Act, private citizens can bring lawsuits on behalf of the government and share in any recovery. Rudolph’s lawsuit also includes allegations on behalf of several states under their false claims statutes. The settlement with the federal government does not resolve the state actions.

     “These companies are paying the price for trying to cheat the American taxpayer out of a fair deal,” said Ronald C. Machen Jr., U.S. Attorney for the District of Columbia. “We thank this whistleblower for coming forward to reveal this wrongdoing. Other contractors who are considering bilking the government should take heed: false and fraudulent claims on the U.S. Treasury will not be tolerated.”

     GSA Inspector General Brian Miller said, “GSA OIG auditors and investigators worked diligently to make sure the taxpayers got the benefit of required price reductions, and received a fair price for the products and services purchased with taxpayer funds.”

     This settlement was the result of a coordinated effort by the Commercial Litigation Branch of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the District of Columbia and GSA’s Office of Inspector General to investigate the allegations and resolve the case. The claims settled by this agreement are allegations only, and there has been no determination of liability.

     The case is captioned United States, the States of California, Delaware, Florida, Illinois, Indiana, Massachusetts, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Tennessee, Virginia and the City of Chicago, ex rel. Gregory Rudolph v. Tremco Inc. and RPM International Inc., Case No. 1:10-cv-01192 (D.DC).

13-294

WASHINGTON - Charles Nickerson, Jr., 35, formerly of Stevensville, Md., was sentenced today to a 10-year prison term on charges of traveling interstate to engage in illicit sexual conduct with a minor and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD). 

     Nickerson pled guilty in June 2013 in the U.S. District Court for the District of Columbia. The plea agreement, which was contingent upon the Court’s approval, called for the 10-year prison term. The Honorable Ketanji B. Jackson approved the plea and sentenced Nickerson today. Upon completion of his prison term, Nickerson will be placed on 10 years of supervised release. He also will be required to register as a sex offender for a minimum of 25 years.

     According to the government's evidence, on March 5, 2012, Nickerson contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted a message on a website that is frequented by individuals who have a sexual interest in children. As the online exchange continued, Nickerson sent the undercover officer, whom he believed was the father of an under-aged girl, five images of child pornography. During the conversation, they also discussed the possibility of meeting for the purpose of engaging in sexual acts with the child.

     In the course of further communications, Nickerson arranged to meet with the undercover officer and the purported child on March 9, 2012. At about 7 that night, law enforcement stopped him in his vehicle in Northwest Washington and placed him under arrest. A search of Nickerson’s car led to the discovery of a blue bag with sex toys and personal lubricant.

     Pursuant to a warrant, law enforcement searched Nickerson’s residence in Stevensville, Md., on March 12, 2012. Law enforcement seized a computer which contained numerous images of child pornography, including the five distributed to the undercover officer. As part of his guilty plea, Nickerson agreed to forfeiture of his car, computer, and other items.

     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. Attorneys Cassidy Kesler Pinegar, David Last, and Amy H. Zubrensky, who investigated and prosecuted the case, and Catherine K. Connelly, who assisted with forfeiture issues.

For Armed Robbery of Ex-Girlfriend
-Defendant and Four Others Used Two Shotguns and Masks During the Robbery-

     WASHINGTON – Jayson Lassiter, 23, a volunteer firefighter from Clinton, Md., has been sentenced to a three-year prison term for an armed robbery he committed earlier this year in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.

     Lassiter pled guilty in June 2013 in the Superior Court for the District of Columbia to armed robbery.  He was sentenced on Aug. 26, 2013, by the Honorable Michael Ryan.  Upon completion of his prison term, Lassiter will be placed on five years of supervised release.

     According to the government’s factual proffer at the plea hearing, during the afternoon of March 26, 2013, Lassiter drove three other volunteer firefighters, all from the Prince George’s County Fire Department, to the 1300 block of Michigan Avenue NE, where his ex-girlfriend was staying. They went there to retrieve a cellular phone Lassiter had given his ex-girlfriend for Christmas. After a brief verbal altercation, they left the area without obtaining the cellular phone.  The group then returned to Prince George’s County to assist fighting a fire. 

     Afterwards, Lassiter and two of the three volunteer firefighters he was with that afternoon decided to return to the 1300 block of Michigan Avenue NE to retrieve the cellular phone.  Lassiter picked up two additional accomplices - family members of one of the volunteer firefighters. Then, under cover of night, they returned armed with two shotguns and masks. 

     As they approached the home where Lassiter’s ex-girlfriend was staying, Lassiter let the four accomplices out in an alley and proceeded to the home alone to draw the ex-girlfriend and others outside.  As soon as the victims came out of the house, Lassiter’s masked and armed accomplices began assaulting them.  One of Lassiter’s accomplices, Kevin Smith, 19, of Suitland, Md., pointed a shotgun at Lassiter’s ex-girlfriend and another male and ordered them into the home.  Once inside the home, Smith stole their cellular phones and hit the male in the face with the butt of the shotgun, breaking his nose.

     Lassiter and the four accomplices fled the scene in Lassiter’s car.  Three of the suspects were immediately identified by the victims.  A fourth was later identified through additional investigation.  To date, all four identified suspects have pled guilty to charges arising from this incident.  Lassiter was the first to be sentenced. 

     In announcing the sentence, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department.  He also praised those who handled the case for the U.S. Attorney’s Office, including Victim/Witness Advocate Maria Shumar and Paralegal Specialist Jason Manuel.  Finally, he commended the efforts of Assistant U.S. Attorney Jeff T. Cook, who investigated and prosecuted the matter.

For Robbing and Beating a Man in Northwest Washington
-Victim Continues to Suffer After-Effects from the Crime-

     WASHINGTON – Arnold Moody, 45, of Washington, D.C., was sentenced today to a prison term of 6 ½ years for robbing and beating a man earlier this year in front of an apartment complex in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Moody pled guilty in June 2013, in the Superior Court of the District of Columbia, to one count of robbery. He was sentenced by the Honorable Michael Ryan. Upon completion of his prison term, Moody will be placed on three years of supervised release.

     According to the government’s evidence, on May 3, 2013, at about 3 a.m., Moody stood by the entrance of an apartment complex in the 3400 block of Holmead Place NW, pretending that he either lived there or was there to visit someone. When he noticed the victim approach the complex and sit down, Moody looked around to see if anyone else was around. Then, without warning, he walked over to the victim and punched him in the face multiple times, causing a broken nose.

     When the victim got up to defend himself, Moody slammed him to the ground. Then he went through the victim’s pockets and stole his wallet, which contained $40 and an identification card, and an iPhone. In addition to the broken nose, the victim suffered a dislocated shoulder in the attack. He continues to have pain, difficulty seeing, frequent headaches and nosebleeds.

     Thanks to the work of detectives from the Metropolitan Police Department’s Fourth District, Moody was apprehended. This was not the first time he attacked someone while stealing property. In 2008, Moody was sentenced to about 2 ½ years of incarceration for nearly the same conduct that he demonstrated in this case – striking a man in the head and taking his property.

     In announcing the sentence, U.S. Attorney Machen commended those who investigated the case from the Metropolitan Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Debra McPherson and Victim/Witness Advocate Elsa Resendiz. Finally, he praised the work of Assistant U.S. Attorney Natalia Medina, who prosecuted the case.

Into the District of Columbia to Engage in Illicit Sexual Conduct
With a Minor and Possession of Child Pornography

     WASHINGTON – William G. VanSant, 51, of Alexandria, Va., pled guilty today to federal charges of traveling interstate to engage in illicit sexual conduct with a minor and possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD). 

     VanSant entered the guilty plea in the U.S. District Court for the District of Columbia.  The Honorable Robert L. Wilkins is to sentence him on Dec. 4, 2013. VanSant faces a statutory maximum sentence of 30 years of imprisonment for traveling interstate to engage in illicit sexual conduct and a maximum of 20 years of imprisonment for possession of child pornography, as well as a fine of $250,000 on each count. He also will be required to register as a sex offender for at least 15 years after his release from prison.

     According to the government's evidence, on March 20, 2013, VanSant contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted a message on a website that is frequented by individuals who have a sexual interest in children. Over the next two days, Vansant continued to engage in online conversations with the undercover officer, whom he believed was the father of an under-aged girl. During this period, VanSant arranged with the undercover officer to meet for the purpose of engaging in sexual acts with the child.

     In addition, during the course of their communications, VanSant sent the undercover officer several images of child pornography.  On March 22, 2013, VanSant traveled from Virginia to a pre-arranged meeting place in Washington, D.C.  When he arrived, he was arrested.

     Pursuant to a warrant, VanSant’s residence was searched on March 28, 2013. Law enforcement seized two laptop computers, including one that contained seven videos and eight images depicting child pornography.

     This case was brought as part of the Department of Justice's Project Safe Childhood initiative and investigated by the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and MPD.  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 Cassidy Kesler Pinegar, who is prosecuting the case.

For Murder of 18-Year-Old Girl in Northwest Washington
Defendant and Victim Met Through a Social Media Website; Victim Killed for iPhone and iPod

     WASHINGTON – Alexander Buckley, 22, of Washington, D.C., was sentenced today to 22 years in prison on a charge of second-degree murder while armed for the slaying of a Maryland teenager, U.S. Attorney Ronald C. Machen Jr. announced.

     Buckley pled guilty in June 2013 in the Superior Court of the District of Columbia.  He was sentenced by the Honorable Russell F. Canan. Upon completion of his prison term, Buckley will be placed on five years of supervised release.

     According to the government’s evidence, in January 2013, Buckley met the victim, 18-year-old Siohban Lee, through a social media website known as “Tagged,” which allows users to view profiles and photographs posted by other users. Tagged is available as an application to iPhone and Android phone subscribers and allows users to text one another via the Internet.  Initially, the defendant and the victim communicated only through Tagged.  Eventually, however, they exchanged phone numbers and began to communicate by phone. 

     Leading up to the early morning hours of Jan. 25, 2013, Buckley and Ms. Lee exchanged several text messages and phone calls, during which she agreed to meet him for the very first time.  The defendant provided the victim with instructions to take the bus into the District of Columbia, towards Georgia Avenue NW, where he would meet her. Sometime after 2:15 a.m., on Jan. 25, 2013, he met Ms. Lee in the area of 5th and Nicholson Streets NW.  The victim was carrying a purse, and was in possession of both her iPhone and iPod Touch. 

     At approximately 2:30 a.m., Buckley shot the victim one time in the left side of the head, just behind her left ear, killing her. He took her iPhone and iPod Touch, and, leaving her purse behind, fled the scene. Law enforcement quickly located the defendant, who still had the phone in his possession.  As a result, Buckley was arrested just hours after the murder. 

     In announcing the sentence, 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 commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Ethel Gregory and Marian Russell; Lead Paralegal Sharon Newman; and Victim/Witness Advocate Marcia Rinker.

     Finally, U.S. Attorney Machen recognized the work of Assistant U.S. Attorney Kimberley Nielsen, who investigated and prosecuted the case.

For Shooting That Killed One Teenager
And Wounded Another in Northwest Washington
-Attack Took Place on Memorial Day of 2011-

WASHINGTON - Eugene A. Kelly, 28, of Washington, D.C., was sentenced today to 67 years in prison on charges of first-degree murder while armed, assault with intent to kill while armed, and related offenses stemming from the shooting of two teenagers in Northwest Washington on Memorial Day of 2011, U.S. Attorney Ronald C. Machen Jr. announced. 

Kelly was found guilty of the charges in April 2013, following a trial in the Superior Court of the District of Columbia.  He was sentenced by the Honorable Herbert B. Dixon, Jr.

“This case is a tragic reminder of the senseless cycle of violence that is far too common in our city,” said U.S. Attorney Machen.  “In a foolish attempt to avenge his brother’s murder, Eugene Kelly shot two innocent fifteen-year-old boys, killing one of them.  Kelly’s inexplicable decision to kill a child did nothing to bring back his brother or to honor his brother’s memory.  That terrible decision will instead result in Kelly spending the rest of his life behind bars.  We hope that this lengthy sentence sends the message that there is nothing good that comes from perpetuating the cycle of violence.”

According to the government’s evidence, on May 30, 2011, at about 10:15 p.m., the victims, two 15-year-old boys, were walking home in the 1400 block of New Jersey Avenue NW.  As they were walking, Kelly opened fire and shot both teenagers. Isaiah Harris was killed by a single gunshot wound to his body. The surviving victim was shot in the leg.

Just before the shooting, Kelly, who was riding a small trick bike, had stopped to talk to a neighborhood acquaintance.  The defendant mentioned his brother’s 2008 murder, and stated his belief that someone from the nearby 5th and O Streets neighborhood was responsible. Kelly announced that someone was going to pay for his brother’s murder, and said that he was going to retrieve a gun.  He then retrieved a gun by a nearby dumpster and rode east on P Street toward New Jersey Avenue.  Seconds later, the defendant fired multiple times, targeting the two teens.

The victims did not know Kelly and had no knowledge of or involvement in the 2008 murder of his brother.  They were simply walking from the area of 5th and O Streets NW. 

During a search warrant of the defendant’s home two days later, law enforcement officers found a small trick bike that matched the witnesses’ descriptions of the bike used by the shooter, as well as ammunition consistent with the type used in the murder.  In addition, an FBI expert in historical cell site analysis determined that the defendant’s phone was used in the vicinity of the murder within 15 minutes of the murder.

Finally, on Sept. 14, 2011, a guard at the District of Columbia Jail found a note taken from an inmate during a routine morning check.  The note, signed by Kelly with his jail identification number, provided a witness’s name and address, and identified members of the witness’s family.  A handwriting expert from the FBI concluded that Kelly wrote the note.

            In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department, the FBI, and the District of Columbia Department of Forensic Sciences, which were involved in the investigation and prosecution of this case.  U.S. Attorney Machen also expressed appreciation to Paralegal Specialists Kelly Blakeney and Ethel Noble, Victim /Witness Advocate Marcia Rinker, Supervisory Litigation Technology Specialist Joseph Calvarese, Assistant U.S. Attorney Michael Ortwein, who indicted the case, and Assistant U.S. Attorneys Jennifer A. Kerkhoff and Holly R. Shick, who tried the case.

13-285

For Shooting That Killed One Teenager
And Wounded Another in Northwest Washington
-Attack Took Place on Memorial Day of 2011-

WASHINGTON - Eugene A. Kelly, 28, of Washington, D.C., was sentenced today to 67 years in prison on charges of first-degree murder while armed, assault with intent to kill while armed, and related offenses stemming from the shooting of two teenagers in Northwest Washington on Memorial Day of 2011, U.S. Attorney Ronald C. Machen Jr. announced. 

Kelly was found guilty of the charges in April 2013, following a trial in the Superior Court of the District of Columbia.  He was sentenced by the Honorable Herbert B. Dixon, Jr.

“This case is a tragic reminder of the senseless cycle of violence that is far too common in our city,” said U.S. Attorney Machen.  “In a foolish attempt to avenge his brother’s murder, Eugene Kelly shot two innocent fifteen-year-old boys, killing one of them.  Kelly’s inexplicable decision to kill a child did nothing to bring back his brother or to honor his brother’s memory.  That terrible decision will instead result in Kelly spending the rest of his life behind bars.  We hope that this lengthy sentence sends the message that there is nothing good that comes from perpetuating the cycle of violence.”

According to the government’s evidence, on May 30, 2011, at about 10:15 p.m., the victims, two 15-year-old boys, were walking home in the 1400 block of New Jersey Avenue NW.  As they were walking, Kelly opened fire and shot both teenagers. Isaiah Harris was killed by a single gunshot wound to his body. The surviving victim was shot in the leg.

Just before the shooting, Kelly, who was riding a small trick bike, had stopped to talk to a neighborhood acquaintance.  The defendant mentioned his brother’s 2008 murder, and stated his belief that someone from the nearby 5th and O Streets neighborhood was responsible. Kelly announced that someone was going to pay for his brother’s murder, and said that he was going to retrieve a gun.  He then retrieved a gun by a nearby dumpster and rode east on P Street toward New Jersey Avenue.  Seconds later, the defendant fired multiple times, targeting the two teens.

The victims did not know Kelly and had no knowledge of or involvement in the 2008 murder of his brother.  They were simply walking from the area of 5th and O Streets NW. 

During a search warrant of the defendant’s home two days later, law enforcement officers found a small trick bike that matched the witnesses’ descriptions of the bike used by the shooter, as well as ammunition consistent with the type used in the murder.  In addition, an FBI expert in historical cell site analysis determined that the defendant’s phone was used in the vicinity of the murder within 15 minutes of the murder.

Finally, on Sept. 14, 2011, a guard at the District of Columbia Jail found a note taken from an inmate during a routine morning check.  The note, signed by Kelly with his jail identification number, provided a witness’s name and address, and identified members of the witness’s family.  A handwriting expert from the FBI concluded that Kelly wrote the note.

            In announcing the sentence, U.S. Attorney Machen commended the work of the Metropolitan Police Department, the FBI, and the District of Columbia Department of Forensic Sciences, which were involved in the investigation and prosecution of this case.  U.S. Attorney Machen also expressed appreciation to Paralegal Specialists Kelly Blakeney and Ethel Noble, Victim /Witness Advocate Marcia Rinker, Supervisory Litigation Technology Specialist Joseph Calvarese, Assistant U.S. Attorney Michael Ortwein, who indicted the case, and Assistant U.S. Attorneys Jennifer A. Kerkhoff and Holly R. Shick, who tried the case.

13-285

-Defendant Fled United States for Four Years After Assault -

WASHINGTON Mohammed Niazi, 45, of the United Kingdom, was found guilty by a jury yesterday of charges arising from a hammer attack on a George Washington University student in a campus bathroom, announced U.S. Attorney Ronald C. Machen Jr.

        Niazi was found guilty by a jury in the Superior Court of the District of Columbia of assault with a dangerous weapon, assault with significant bodily injury, and carrying a dangerous weapon.  The Honorable Stuart G. Nash scheduled sentencing for October 22, 2013.

        According to the evidence presented at trial, on October 9, 2009, at approximately 3:00 p.m., Niazi entered Duques Hall, located at 2201 G Street in Northwest Washington.  He entered a men’s bathroom on the second floor and began striking the victim in the back of the head with a metal hammer.  The victim attempted to defend himself against Niazi, who continued the attack inside a foyer located between the hallway and the main bathroom.  As the victim stumbled out of the bathroom bleeding, students rushed to his aid.  Niazi fled down the stairs and out of the building.

        Detectives with the George Washington University Police Department and the D.C. Metropolitan Police Department obtained images of the suspect from security video taken in Duques Hall and issued a campus-wide e-mail alert.  A response to the alert led police to a coffee shop nearby where Niazi had been seen shortly before the attack.  Using security video and credit card transaction records from the coffee shop, police were able to obtain Niazi=s name and his Virginia driver=s license photo.

        The day after the attack, Niazi purchased an airline ticket to London and fled the country the following day.  On April 4, 2013, Niazi was apprehended when he tried to travel through Panama and was returned to the United States to face charges.

        U.S. Attorney Machen expressed his appreciation to the Metropolitan Police Department, the George Washington University Police Department, and the U.S. Coast Guard Investigative Service.  U.S. Attorney Machen also commended the work of Paralegals Allison Gregory Daniels, Victim Advocate Jennifer Clark, and Litigation Technology Specialist Leif Hickling.  Finally, he commended former Assistant U.S. Attorney Emily Scruggs, who investigated the case, and Assistant U.S. Attorney Scott Sroka, who indicted and tried the case.

13-283

###

To Embezzling Over $335,000 in Overtime Pay
-Defendant Manipulated Electronic Time-Keeping System-

     WASHINGTON – Marlene L. Merchant, 54, of Washington, D.C., pled guilty today to a federal theft charge stemming from her embezzlement of more than $335,000 from her former employer, United Medical Center, announced U.S. Attorney Ronald C. Machen Jr. and Charles J. Willoughby, Inspector General for the District of Columbia.

     Merchant pled guilty in the U.S. District Court for the District of Columbia to one count of theft concerning programs receiving federal funds. The Honorable Reggie B. Walton scheduled sentencing for Nov. 8, 2013. As part of the plea agreement, Merchant agreed to criminal forfeiture and restitution in the amount of $335,663. Under the voluntary federal sentencing guidelines, she faces between 18 and 24 months of incarceration.

     According to the government’s evidence, from Oct. 28, 2002, through April 8, 2013, Merchant was employed as an administrative assistant by United Medical Center (UMC) and its predecessor, Greater Southeast Community Hospital.  UMC is a non-profit community hospital located in Southeast Washington. As a non-union employee, Merchant was exempted from the overtime pay provisions of the Fair Labor Standards Act.  As an “exempt” employee, she was not entitled or eligible to receive overtime pay from UMC, regardless of the number of hours she actually worked. 

     From January 2005 through March 2013, Merchant and the payroll manager at UMC manipulated UMC’s electronic timekeeping system to cause the hospital to pay the defendant $335,663 in overtime pay to which Merchant knew she was not entitled.  In the beginning of the scheme, the payroll manager repeatedly changed Merchant’s status from “exempt” to “non-exempt” in the electronic timekeeping system, resulting in overtime pay.  Starting in 2008, Merchant learned the log-in and password of her supervisor, which she then used, without permission, to change her status from “exempt” to “non-exempt” in the electronic timekeeping system.  Merchant also changed her start and finish times from what her identification badge logs reflected to increase her work hours.

     In announcing the guilty plea, U.S. Attorney Machen and Inspector General Willoughby commended the investigative work of Special Agent Anthony McGail of the District of Columbia Office of Inspector General.  They also praised the efforts of Paralegal Specialist Corinne Laxman, Assistant U.S. Attorney Catherine K. Connelly, who worked on forfeiture issues, and Assistant U.S. Attorney David Johnson, who is prosecuting the case.

For Sexually Assaulting Two Women
-Separate Incidents Took Place Within a Three-Week Period This Year-

     WASHINGTON - James Parks, also known as Antonio Parks, 22, of Washington, D.C. has been sentenced to a 44-month prison term for two sexual assaults that he committed earlier this year, U.S. Attorney Ronald C. Machen Jr. announced today.

     Parks pled guilty in June 2013 in the Superior Court of the District of Columbia to attempted first-degree sexual abuse and misdemeanor sexual abuse.  He was sentenced on Aug. 16, 2013 by the Honorable Robert E. Morin. Upon completion of his prison term, Parks will be placed on three years of supervised release. He also will be required to register as a sex offender for 10 years.

     According to the government’s factual proffer at the plea hearing, on Jan. 25, 2013, Parks was at the home of one of the victims, on 23rd Street SE. That night, Parks sexually assaulted another woman while she was unconscious in an upstairs bedroom of the home. 

     On the night of Feb. 14, 2013, Parks was back at the same home. That night, he and another man forced the resident into the basement, where Parks sexually assaulted her.

     In announcing the sentence, U.S. Attorney Machen praised the work of Paralegal Specialist Jason Manuel, Victim/Witness Advocate Lezlie Richardson and members of the Metropolitan Police Department’s (MPD) Sexual Assault Unit.  He also commended the work of Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.

For Series of Attacks Against Taxicab Drivers
-He and Others Posed as Passengers at Union Station, Other Places-

     WASHINGTON - Tony Copeland, 22, of Washington, D.C., has been sentenced to nearly 14 years in prison on charges stemming from a series of attacks against taxicab drivers, U.S. Attorney Ronald C. Machen Jr. announced today.

     Copeland pled guilty in May 2013 in the Superior Court of the District of Columbia to one count each of carjacking and robbery. He was sentenced on Aug. 16, 2013 by the Honorable Heidi M. Pasichow to 13 years and 360 days of incarceration.

     The charges were filed in a series of cases involving the carjacking, assault, and robbery of taxicab drivers that took place in October and November of 2011.  The government alleged that Copeland was the ringleader behind several incidents in which he and others went to the Union Station taxicab line posing as paying customers, soliciting cab fares to the area of 44th Street NE.  Once at the destination, Copeland and his accomplices would choke the drivers from behind, or simply demand money. Among the items stolen from the several victims were hundreds of dollars in cash, cell phones, GPS devices, and a Rolex watch. 

     The carjacking charge stemmed from a crime that took place on Nov. 14, 2011. That day, at about 3:45 p.m., Copeland and three others solicited a taxicab from Union Station. Copeland asked the driver to take them to the 4600 block of Grant Street NE.  When the driver arrived at the destination, Copeland reached around from the rear driver’s side seat and choked the driver from behind by placing his arms around the driver’s throat.  Meanwhile, the two other individuals went through the driver’s belongings, stealing cash, credit cards, a cell phone, and a blank check filled out in the amount of $180. Copeland and the others ordered the cabdriver out of the taxi.  One of the individuals, a juvenile, got into the driver’s seat and drove away with the cab.  Copeland and the remaining individual ran from the scene.  The victim was able to flag down a neighbor, who gave the victim a cellphone to call 911.  The taxicab was recovered days later by the Metropolitan Police Department (MPD), in the area near Copeland’s residence.

     The robbery charge stemmed from an incident on Nov. 20, 2011, this time starting at the Greyhound bus station on First Street NE. Copeland and another accomplice arrived at the station at about 11:30 a.m. and stood outside waiting for a cab. They solicited a taxicab ride and asked the driver to take them to the area of the 4600 block of Brooks Street NE. Once there, the accomplice put the driver in a choke-hold. Copeland and the accomplice stole about $100 in cash, a cellphone, car keys and a brown leather jacket in the attack.

     In announcing the sentence, U.S. Attorney Machen praised the work of those 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 Antoinette Sakamsa and Tony Griffith, Victim/Witness Advocate Jim Brennan, and Assistant U.S. Attorney Richard E. DiZinno, who prosecuted the matter.

In Broad Daylight on Northeast Washington Street
-Accosted Girl After She Left a Store-

     WASHINGTON - Demetrick Littlejohn, 27, of Washington, D.C., has pled guilty to a charge stemming from a recent attack on a nine-year old girl that took place in broad daylight in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.                                             

     Littlejohn pled guilty on Aug. 16, 2013 in the Superior Court of the District of Columbia to one count of attempted second-degree child sexual abuse in an Alford plea. Under such a plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction. Littlejohn is scheduled to be sentenced by the Honorable Russell F. Canan on Oct. 18, 2013. He faces up to five years in prison. In addition, Littlejohn will be required to register as a sex offender for ten years.

     According to the government’s factual proffer, on July 26, 2013, at about 1:15 p.m., Littlejohn grabbed a nine-year-old girl who had just come out of a store with her godmother on H Street NE, near Seventh Street. After whispering in her ear that he wanted to have sex with the girl, Littlejohn threw her to the ground and engaged in sexual contact with her until another man pulled him away. Littlejohn walked away but was apprehended and arrested a short time later. Littlejohn told the police that, at the time of the attack, he was high on PCP and recalled none of what had happened.  The police also thought Littlejohn was on PCP at the time, and subsequent drug testing of Littlejohn resulted in positive results for PCP. 

     In announcing the plea, U.S. Attorney Machen praised the work of the members of the Metropolitan Police Department’s Youth Division, who investigated the case. He also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Jason Manuel, Victim/Witness Advocate Lezlie Richardson, and Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted the matter.

To 30 Months in Prison for Conspiring to Defraud Campaign
His Wife, Sandra Stevens Jackson, Sentenced to One Year on Tax Charge

WASHINGTON – Former Congressman Jesse L. Jackson, Jr., 48, was sentenced today to 30 months in prison for conspiring to defraud his re-election campaigns of about $750,000 in funds that were used to pay for personal items and expenses, including high-end appliances and electronics, and then filing misleading reports to conceal seven years of the illegal activities.

Jackson’s wife, Sandra Stevens Jackson, 49, a former Chicago alderman, was sentenced to one year for filing false tax returns as part of the scheme.  The judge permitted the Jacksons to stagger their prison sentences, with Mrs. Jackson beginning to serve her sentence following her husband’s release from incarceration.

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

“Jesse Jackson Jr.’s journey from the halls of Congress to federal prison is a tragedy of his own making,” said U.S. Attorney Machen.  “Jackson’s political potential was unlimited, but he instead chose to treat his campaign account as a personal slush fund, stealing from the people who believed in him so he could live extravagantly.  He squandered his great capacity for public service through outright theft.  The prison sentence imposed today should serve as a wake-up call to other public officials who believe there are no consequences for betraying the public trust.”

            “In a betrayal of his oath of office and his duty to the citizens he represented, Mr. Jackson violated the integrity of our government and disrespected those he served,” said Assistant Director in Charge Parlave. “Mr. Jackson and his wife selfishly supported themselves with campaign funds and went to great lengths to hide their illegal activity, but they can hide no more as they pay the price with today’s sentences.  Public corruption will not be tolerated in our community – no matter the position or names of the individuals involved.”

“Today justice is served for the American public,” said IRS-CI Chief Weber. “This case exposed layers of greed and corruption masked by the illusion of success. The Jacksons were granted the privilege of political office to better the lives of others but used it instead for their own selfish benefit. The Jacksons failed to report over a half-million dollars in taxable income over a six year period.  Regardless of circumstances, no one is granted an exemption to commit crimes with impunity.  IRS-CI remains committed to the fight against political corruption and tax evasion. This case exemplifies the strong impact we are making in this arena working in cooperation with our law enforcement partners.”

            Jesse Jackson, Jr. pled guilty in February 2013 to one count of conspiracy to commit wire fraud, mail fraud and false statements.  Sandra Stevens Jackson also pled guilty in February 2013. In her guilty plea, she admitted to filing false tax returns for calendar years 2006 through 2011. According to the government’s evidence, she knowingly and willfully failed to report nearly $570,000 in taxable income for those tax years. This led to an estimated tax loss of approximately $159,000.

Jesse Jackson, Jr. was elected to Congress in 1995 and served until November 2012 as the representative for the 2nd Congressional District of Illinois. Sandra Stevens Jackson was an alderman in Chicago from May 2007 until January 2013. Additionally, she had various roles in her husband’s re-election campaigns, starting in January 2005, working at different points as treasurer, consultant, and campaign manager.

According to the government’s evidence, Jackson and his wife carried out the fraud scheme from in or about August 2005 until in or about April 2012.  Rather than using funds donated to the Campaign as they were intended – for legitimate expenses associated with Jackson’s re-election – they used a substantial portion for personal expenditures.

Jackson, who has residences in Chicago and Washington, D.C., also admitted taking steps to conceal seven years of illegal activities, including the filing of false and misleading reports with the Federal Election Commission (FEC) and the U.S. House of Representatives.

According to the government’s evidence, money was channeled from the Campaign to the Jacksons in the following ways:

DIRECT EXPENDITURES: Jackson made $57,792 in direct expenditures from the Campaign’s bank account from January 2006 through July 2011. In July 2007, for example, he withdrew $43,350 in Campaign funds to purchase an official check made payable to a jeweler for a men’s gold-plated Rolex watch. In addition, he used $14,442 in Campaign funds to pay down balances on person credit cards maintained by the Jacksons.

CREDIT CARD EXPENDITURES: The Campaign maintained a credit card account, “Jackson for Congress,” from at least August 2005 through August 2012. Individual credit card members on this account included Jackson and his wife. During this period, the Jacksons used the credit cards to purchase merchandise and services that were personal in nature, including high-end electronic items; a washer, a dryer, a range and refrigerator; collector’s items; clothing, food and supplies; movie tickets; health club dues; personal travel, including a holistic retreat, and personal dining expenses. Campaign funds were used to pay $582,772 of personal purchases.

OTHER EXPENDITURES: In March 2006, Jackson directed that a $36,000 check from the Campaign be issued to his wife’s business for billboard expenses. Sandra Stevens Jackson transferred this money from the business account to a personal account. Jackson and his wife, who controlled the personal account, used nearly all of the money that purportedly was for billboard expenses to pay down personal debts.

Additionally, Jackson paid a congressional staffer with funds from the campaign account so that the staffer could pay expenses on Jackson’s behalf, or, in some instances, give cash to Jackson. The Campaign issued about $76,150 in checks to the staffer from about October 2008 until about March 2012, even though the staffer actually was entitled to only about $11,409 for her work. The staffer then expended nearly all of the remaining $64,741 for the personal benefit of Jackson and his wife. For example, the staffer used checks from the Campaign to pay for $26,347 worth of work performed on the Jacksons’ home.

According to the government’s evidence, the Jacksons took steps from 2005 until 2012 to ensure that materially false and misleading reports were filed with government entities. These reports were filed with the FEC and the House of Representatives. These actions were critical to carrying out the conspiracy because they enabled the conduct to continue without question for a lengthy period of time and without the questions from regulators and the public that likely would have ensued had truthful, accurate reports been filed.

In announcing the sentences, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Weber commended the work of those who investigated the case for the FBI and IRS-CI. They also expressed appreciation for the assistance provided by the U.S. Marshals Service on the asset forfeiture aspects of the case. In addition, they commended those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Tasha Harris, Lenisse Edloe and Gail Price, and former Paralegal Specialist Sarah Reis.

Finally, they acknowledged the work of Assistant U.S. Attorneys Matt Graves, Michael K. Atkinson, and Jonathan W. Haray, of the Fraud and Public Corruption Section of the U.S. Attorney’s Office for the District of Columbia, who are investigating and prosecuting the matter, as well as Assistant U.S. Attorneys Catherine K. Connelly and Anthony Saler, of the Asset Forfeiture and Money Laundering Section.

13-282
##

Into Allegations Involving 2010 Mayoral Campaign
- Admits Giving $8,000 to Potential Witness to Leave Town-

            WASHINGTON – Vernon Hawkins, who worked on an off-the-books get-out-the-vote effort preceding the 2010 District of Columbia mayoral primary, pled guilty today to making a false statement to federal authorities investigating allegations involving his candidate’s campaign.

            Hawkins, who was a volunteer advisor for the candidate, pled guilty to the felony charge in the U.S. District Court for the District of Columbia. Among other things, he admitted that he helped provide a potential witness with approximately $8,000 to convince him to get out of town so that he would not be available to meet with federal agents investigating the campaign.

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

            Hawkins, 74, of Washington, D.C., entered the plea before the Honorable Colleen Kollar-Kotelly. No sentencing date was set. The charge carries a statutory maximum of five years in prison, a fine of up to $250,000, and other penalties. The federal sentencing guidelines for the offense will be determined later by the court.

            Hawkins is among four people, all associated with the same mayoral campaign, to plead guilty to charges in a continuing investigation of campaign activities during the election.

            Thomas W. Gore, 58, the former assistant treasurer of the campaign, was sentenced on July 26, 2013, to six months in prison and six months of home detention for obstruction of justice and other charges; Gore also must perform 200 hours of community service. Howard L. Brooks, 65, a member of the campaign’s finance and treasury teams, was sentenced last year to 24 months of probation and ordered to perform 200 hours of community service for making a false statement to the FBI. Business owner Eugenia C. Harris, 76, pled guilty in July 2012 to one count of conspiring to violate federal campaign finance law and to obstruct justice; one count of engaging in fraud and making false statements, and one count of conspiring to violate District of Columbia campaign law. Harris is awaiting sentencing.

            “Today Vernon Hawkins became the fourth person to plead guilty to a felony for trying to cover up corruption in the 2010 mayoral election,” said U.S. Attorney Machen.  “Vernon Hawkins was at ground zero of a scheme to design, staff, and execute an off-the-books shadow campaign.  After the election, he and his fellow campaign aides sought to impede our investigation by lying to the FBI, shredding documents, creating fake paperwork, and sending witnesses out of the jurisdiction.  This guilty plea takes us one step closer to understanding the extent of the deception that tainted the 2010 campaign.”

            “Today, Mr. Hawkins admitted he knowingly lied to federal investigators in an attempt to influence the investigation into the 2010 District of Columbia mayoral election,” said Assistant Director in Charge Parlave. “Despite his attempt, the investigation continues and will not end until all those involved in illegal campaign activities are brought to justice.”

**

Campaign Activities:

            According to a statement of offense signed by the government as well as the defendant, beginning in the spring of 2010 and continuing through the November election, Hawkins was a volunteer advisor for the campaign of a person described in charging documents as “Candidate A.” Hawkins provided advice to the candidate and other members of the campaign on matters such as field operations, staffing and communications. He also had contact with others outside the official campaign, including a person identified in the court documents as “Executive A,” who was the majority owner of a business, and Harris.

            During the campaign, “Executive A,” with assistance from Hawkins, Harris and others, funded an unreported, off-the-books effort to support “Candidate A” by providing services and materials for get-out-the-vote activities. Harris arranged for, and paid expenses associated with, these services through her companies, Belle International, Inc., and Details International, Inc.

            In approximately June 2010, Hawkins and Harris met to discuss this get-out-the-vote effort. During this meeting, they also discussed “Executive A’s” interest in supporting the campaign of “Candidate A.” Hawkins then drew up a plan and budget.

            Sometime after this meeting, Harris and Hawkins met with “Executive A” about the get-out-the-vote plans.  Later, there was a three-way telephone call among Hawkins, Harris and “Executive A” to discuss the budget for an off-the books effort funded by “Executive A” to get out the vote. This budget included money for coordinators, canvassers and drivers, and for the rental of vans, among other expenditures. Harris later hired a consultant to coordinate this off-the books effort. In addition, another person became the transportation coordinator for the efforts funded by “Executive A.”

            As the primary election approached, Hawkins’s role in the campaign’s get-out-the-vote effort diminished, and his role increased in the efforts being funded by “Executive A.”

The Federal Investigation:

            In 2011, a federal investigation began into financing and other activities involving the campaign of “Candidate A” in the mayoral election. Later that year, Hawkins became aware that individuals associated with the campaign of “Candidate A,” as well as people associated with the efforts funded by “Executive A,” were being contacted by federal investigators. The statement of offense details a series of actions that Hawkins admits took place in ensuing months.

In late November or early December 2011, the transportation coordinator told Hawkins that he had received a business card from a government investigator at his door. About one week later, Hawkins relayed this information to Harris. Hawkins and Harris met a few days after that and discussed the fact that people whom Harris had paid to provide services during the campaign were now meeting with representatives of the U.S. Attorney’s Office. Hawkins and Harris discussed the need for these individuals – specifically the transportation coordinator – to be out of town for about two to four weeks to delay meetings with law enforcement.

Hawkins understood from this conversation that Harris had talked with “Executive A” about the need for such people, including the transportation coordinator, to be out of town for a period of time. He also understood that the consultant hired to coordinate the get-out-the-vote effort funded by “Executive A” already was away.

            In or about December 2011, Hawkins and Harris attempted to persuade the transportation coordinator to leave town for an extended period of time so that he, too, would be unavailable to speak with federal agents. The transportation coordinator later raised concerns with Hawkins that he would miss business opportunities if he left town and that he needed that income.

            Hawkins informed Harris about his conversation about income with the transportation coordinator. A few days later, she gave Hawkins an envelope, which he understood contained $4,000 in cash, to give to the transportation coordinator. Hawkins later provided the money to the transportation coordinator in a supermarket parking lot in Southeast Washington.

             In or about January 2012, Hawkins again ran into the transportation coordinator, who wanted additional money to go back out of town. Hawkins later provided another envelope, also from Harris, containing what he understood to be $4,000 in cash, in the supermarket parking lot.
Finally, in August 2012, Hawkins, accompanied by his lawyer, participated in a voluntary interview with two FBI agents and representatives of the U.S. Attorney’s Office. During this interview, he stated that he did not know of anyone being asked or told to go out of town, that he never asked anyone to leave town so that they could not meet with investigators, and that he did not help or assist with sending anyone out of town so they would not be able to speak with federal agents in this investigation. Hawkins made these false statements in an attempt to influence the federal investigation into the efforts funded by “Executive A” in the mayoral campaign.

            The other guilty pleas also involved efforts to impede the investigation. Brooks admitted making a false statement to investigators, and Gore admitted to making false statements and shredding documents. In her guilty plea, Harris admitted that she caused others to shred and destroy a large volume of paper records maintained by her businesses. She also admitted causing others to destroy stored electronic records from her businesses because they could have revealed what took place in the mayoral election. Finally, Harris also admitted that she made arrangements in early 2012 to travel to Brazil for three months in order to evade federal investigators. Efforts were made toward renting a house in Brazil before the trip was cancelled.

            In announcing the plea, U.S. Attorney Machen, Assistant Director in Charge Parlave and Special Agent in Charge Kelly commended the work of those who investigated the case for the FBI and IRS-CI. They also expressed appreciation for the work done by those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Lionel André, Loyaan Egal, Jonathan Haray, Jonathan Hooks, and Ephraim “Fry” Wernick; former Assistant U.S. Attorney Mary Chris Dobbie; Criminal Investigators Matthew Kutz, Mark Crawford and Melissa Matthews; Legal Assistants Krishawn Graham and Nicole Wattelet, Paralegal Specialists Tasha Harris, Shanna Hays, and Corinne Kleinman, and Law Intern Lindsey Frye.

            Finally, they acknowledged the work of Assistant U.S. Attorney Ellen Chubin Epstein, who is investigating and prosecuting this matter.

           
13-280

For Theft of More Than $340,000 in Government Funds
-Defendant Cashed in on Benefits in Name of Deceased Mother-

WASHINGTON - Eugene Weatherford, 60, of Washington, D.C., was sentenced today to 14 months incarceration on a federal charge stemming from the theft of more than $340,000 in government money, announced U.S. Attorney Ronald C. Machen Jr., Michael McGill, Special Agent in Charge from the Social Security Administration’s Office of Inspector General, and Patrick E. McFarland, Inspector General for the Office of Personnel Management.

            Weatherford pled guilty in May 2013 in the U.S. District Court for the District of Columbia to theft of government funds. He was sentenced by the Honorable Richard W. Roberts.  Following his incarceration, Weatherford will be placed on supervised release for 36 months.  Weatherford was also ordered to pay $346,522 in restitution and to complete 50 hours of community service.

             In connection with the guilty plea, Weatherford admitted that from March 1999 through June 2012, he received and negotiated U.S. Treasury checks issued in the name of his mother, who died in February 1999. These checks included retirement benefits from the U.S. Social Security Administration and annuity benefits from the U.S. Office of Personnel Management. 

            According to the government’s evidence, following his mother’s death, Weatherford continued to receive and negotiate the U.S. Treasury checks in her name by depositing them into a joint bank account that they shared.  In certain instances, Weatherford signed his own name in endorsing the backs of the checks issued in his mother’s name, and in other instances, he left the endorsement blank, aside from instructions to deposit the money into the joint bank account.

Weatherford admitted that, through this scheme, he obtained approximately $255,038 in Social Security retirement benefits and $91,484 in OPM annuity benefits, for a total illicit gain of approximately $346,522.

            In announcing the sentence, U.S. Attorney Machen, Special Agent in Charge McGill and Inspector General McFarland commended those who investigated the case from the Social Security Administration’s Office of Inspector General and OPM’s Office of Inspector General.  They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Angela Lawrence and Nicole Wattelet, Assistant U.S. Attorney Catherine Connelly, who assisted with forfeiture issues, and Assistant U.S. Attorney David Last, who prosecuted the case.

13-281

WASHINGTON – Paul Ashby, 50, Keith Logan, 51, and Merle Watson, Jr., 56, all of Washington, D.C., were found guilty by a jury today of first-degree murder while armed and other charges for killing a man during a kidnapping and robbery. Logan also was found guilty of shooting a potential witness the same night, U.S. Attorney Ronald C. Machen Jr. announced.

     The verdict followed several weeks of trial in the Superior Court of the District of Columbia. All three defendants were found guilty 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 the attack on the potential witness.

     The Honorable Herbert B. Dixon, Jr. is to sentence the defendants on Oct. 9, 2013. They face mandatory minimums of 30 years in prison and potential sentences of life in prison.

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

     Ashby, Logan 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 verdicts, U.S. Attorney Machen expressed appreciation to 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 Investigator Derek Starliper. 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 commended the work of Assistant U.S. Attorneys Michael C. Liebman and Erik Kenerson, who tried the case.

MS-13 Leaders Found Guilty of Racketeering
And Additional Charges for Multiple Murders and Attacks
-Twelve Others Have Pled Guilty in the Case

     WASHINGTON – Three leaders of MS-13 in Washington, D.C., were found guilty by a federal jury today of conspiring to participate in racketeering activity and other charges stemming from their roles in murders, extortion and other violent crimes in the Washington area.

     The verdicts, which followed a month-long trial, were announced by U.S. Attorney Ronald C. Machen Jr.; Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division; Special Agent in Charge John P. Torres of U.S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations (HSI) in Washington; and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     “After a month-long trial, this jury delivered the message that MS-13 and its brutal brand of violence will not be tolerated in the District of Columbia,” said U.S. Attorney Machen.  “These three killers now face life in prison for their outrageous crimes, including the stabbing death of a 14-year-old boy in Columbia Heights.  I want to thank the prosecutors and our law enforcement partners who have dedicated years to investigating and prosecuting this transnational gang.  The District is safer with these murderers behind bars.”

     “Today, a jury has found three defendants guilty of committing heinous crimes as part of their membership in a brutal international criminal organization that has terrorized communities throughout the United States and Central America,” said Acting Assistant Attorney General Raman.  “As a result of this successful investigation and prosecution, these violent gang members now face substantial prison sentences.”

     “This verdict represents the consequences for the decisions made and the lifestyle choices of the three convicted gang members,” said Special Agent in Charge Torres. “Investigating violent crimes committed by trans-national gang members is a priority for HSI.”

     “The convictions of these three violent gang leaders should send a clear message to the members of this ruthless, international criminal organization that gang activity will not be tolerated in our communities,” said Police Chief Lanier.  “I applaud the hard work and dedication by the members of the Metropolitan Police Department and our law enforcement partners who helped make today’s convictions possible.  Our communities will be safer as a result.”

     Yester Ayala, 22, aka “Freeway” and “Daddy Yankee,” of Washington; Noe Machado-Erazo, aka “Gallo,” 30, of Wheaton, Md.; and Jose Martinez-Amaya, 26, aka “Crimen,” of Brentwood, Md., were each found guilty in U.S. District Court in the District of Columbia.  At sentencing, scheduled for Nov. 4, 2013 before the Honorable Senior Judge Royce C. Lamberth, each of the defendants faces a maximum sentence of life in prison.

     Ayala was found guilty of one count of conspiracy to participate in racketeering activity, two counts of murder in aid of racketeering, one count of first-degree premeditated murder and one count of second-degree murder. Machado-Erazo was found guilty of conspiracy to participate in racketeering activity, murder in aid of racketeering and possession of a firearm during a crime of violence.  Martinez-Amaya was found guilty of conspiracy to participate in racketeering activity, murder in aid of racketeering and possession of a firearm during a crime of violence.

     The government’s evidence showed that MS-13, a large gang that operates in the United States and Central America, engages in racketeering activity including murder, narcotics distribution, extortion, robberies, obstruction of justice and other crimes. The gang has numerous rules, such as enduring a beating of 13 seconds before becoming a member; killing rival gang members; and staying unfailingly loyal.

     According to the government’s evidence, Machado-Erazo was a member and Martinez-Amaya was a leader of the Normandie clique, one of a number of smaller MS-13 groups operating in the Washington area. Ayala was a leader of the Sailors, another clique.  The local cliques often act together, and evidence showed that Machado-Erazo was the leader of a program of cliques that worked together.  According to evidence presented in court, the local MS-13 cliques act in accordance with the international MS-13’s strictures and have frequent contact with MS-13 leadership in El Salvador.  The evidence showed that two of the murders were committed on orders from MS-13 leadership in El Salvador.

     The three defendants are among numerous people indicted by a grand jury in 2010 following a federal investigation.  Twelve others have pleaded guilty to charges in the case.

     The range of criminal activity alleged in the indictment includes acts committed from 2008 through 2010 in the District of Columbia, Maryland, Virginia and other states.

     Ayala was convicted of taking part in two murders in 2008, and Machado-Erazo and Martinez-Amaya were convicted of taking part in the murder of another victim.

     The government presented evidence that Ayala helped carry out orders to murder Louis Alberto Membreno-Zelaya, a fellow MS-13 member who had removed his gang tattoos.  Membreno-Zelaya, 27, was stabbed at least 20 times, according to evidence presented in court. His body was found on Nov. 6, 2008, in Northwest Washington.

     The second murder, according to evidence presented in court, took place in the late afternoon of Dec. 12, 2008.  Ayala joined in on an attack against Giovanni Sanchez, 14, near the Columbia Heights Metro station in Washington.  Giovanni had 11 stab wounds, and witnesses identified Ayala as one of the assailants.

     According to evidence presented at trial, Machado-Erazo and Martinez-Amaya took part in the killing of Felipe Enriquez, 25, whose body was found on March 31, 2010, in Montgomery County, Md.  Enriquez, another fellow MS-13 member, was fatally shot.  Evidence presented during trial showed that Machado-Erazao provided the gun and Martinez-Amaya committed the shooting.

     This case was prosecuted by Assistant U.S. Attorney Nihar Mohanty of the District of Columbia and Trial Attorney Laura Gwinn of the Criminal Division’s Organized Crime and Gang Section. Those providing assistance from the U.S. Attorney’s Office included Assistant U.S. Attorney Bill O’Malley; Victim/Witness Services Supervisor David Foster; Paralegal Specialists Candace Battle, Catherine O’Neal, and Candice Sisco; Legal Assistant Diane Brashears, and Litigation Technology Specialists Paul Howell, William Henderson, and Kimberly Smith.

     The case was investigated by ICE-HSI and the MPD.  Assistance was provided by the Montgomery County and the Prince George’s County, Md. Police Departments, the State’s Attorney’s Office for Montgomery County, the U.S. Attorney’s Office for the District of Maryland and the U.S. Attorney’s Office for the Eastern District of Virginia.  Assistance was provided by the Organized Crime Drug Enforcement Task Force (OCDETF).

WASHINGTON - Howard E. Person, Jr., 35, of Washington, D.C., has been indicted for mail fraud and other federal offenses stemming from a $3 million embezzlement scheme in which he is accused of illegally obtaining and using his employer’s money for the purchase of a house, trips to Las Vegas and other locations, and other personal expenses.

     The indictment, which was 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 Kathy A. Michalko, Special Agent in Charge, Washington Field Office, U.S. Secret Service.

     Person was named in the 12-count indictment on July 30, 2013, charging him with mail fraud, access device fraud, interstate transportation of money taken by fraud, monetary transactions, and first-degree theft.  The indictment also includes forfeiture allegations seeking all proceeds traceable to the scheme. Person pled not guilty to the charges today.

     According to the indictment, Person had been the finance director of a small, locally owned company.  The indictment alleges that from March 2008 to September 2011 he arranged to divert money from his employer’s bank account to another bank account which he exclusively controlled in order to embezzle money from the company. 

     The indictment alleges that Person opened this other, secret, bank account without the knowledge and permission of the owner. He also allegedly used false financial statements to conceal his theft from the owner. According to the indictment, Person caused the company’s clients to pay the secret account instead of the authorized account $6 million in money due and owing to the company.  The indictment charges that Person then used about $3 million to keep the company afloat, and the other $3 million to pay his personal expenses, including purchasing his home in the 500 block of Florida Avenue NE, in an amount in excess of $340,000; paying for trips to Las Vegas, Atlantic City, Miami, the Dominican Republic, and Hawaii; transferring money into his personal bank account and into his side-line business account; funding parties and shows, and  withdrawing over $55,000 in cash from ATMs and over $35,000 in debit card purchases at casinos in Las Vegas and Atlantic City.

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

     In announcing the charges, U.S. Attorney Machen, Chief Lanier, and Special Agent in Charge Michalko expressed appreciation for the work performed by MPD detectives from the criminal investigation division - financial crimes section as well as by the Special Agents and financial analysts from the U.S. Secret Service. They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Criminal Investigator Juan Juarez, Paralegal Specialist Donna Galindo, Assistant U.S. Attorneys Christopher Kavanaugh and Anthony Saler, former Assistant U.S. Attorney Mary Chris Dobbie, and Assistant U.S. Attorney Virginia Cheatham, who is prosecuting the case.

-Defendants Conspired to Bring Shipments Here from New York-

     WASHINGTON – Three men were sentenced today to lengthy prison terms for conspiring to distribute large quantities of heroin in the Washington, D.C., metropolitan area. They were arrested in 2012, following a nine-month investigation by law enforcement.

     The sentences were announced by U.S. Attorney Ronald C. Machen Jr., Karl C. Colder, Special Agent in Charge of the Washington Division of the Drug Enforcement Administration, and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Thaxton Young, Jr., 46, of Columbia, Md., Gerry Duane Burnett, 42, of Washington, D.C., and Jesse McLester Young, Jr., 42, of Mount Vernon, N.Y., were found guilty in May 2013 following a trial in the U.S. District Court of the District of Columbia. In addition to the conspiracy charge, Burnett was found guilty of possession with intent to distribute heroin and marijuana. The Honorable Beryl A. Howell sentenced the defendants today.

     Thaxton Young, Jr. was sentenced to 11 years and three months in prison. Burnett was sentenced to 12 years and seven months in prison, and Jesse Young, Jr. was sentenced to 11 years and three months of incarceration. Each defendant also was ordered to pay an $89,000 forfeiture judgment for the gross receipts from the heroin distributed in the conspiracy.

     Thaxton Young, Jr., Burnett and Jesse Young, Jr. were indicted in 2012, following an investigation by the DEA into people suspected of acting as wholesale distributors of heroin in the metropolitan area.  The investigation determined that from May 2011 through March 2012, the defendants and others maintained a drug trafficking organization that supplied distribution amounts of heroin to dealers in the District of Columbia and Maryland.

     The investigation revealed that Thaxton Young, Jr. and another conspirator obtained large quantities of heroin from his cousin and co-defendant Jesse Young, Jr. in the Bronx, New York area, which they transported back to the Washington, D.C. area for redistribution to wholesale traffickers, including Burnett.

     Investigators seized over 170 grams of heroin during the investigation, along with over $7,000 in cash, along with jewelry valued at over $25,000.

     In announcing the sentences, U.S. Attorney Machen, Special Agent in Charge Colder, and Chief Lanier commended the work of the agents, officers and investigators from the DEA and MPD who investigated the case. They also thanked the Maryland State Police, which provided assistance. They cited the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Paralegal Specialists Jeremy Stoller and Regan Gibson, and Litigation Support Specialist Joshua Ellen.

     Finally, they acknowledged the work of Assistant U.S. Attorneys Opher Shweiki, Steven B. Wasserman and Magdalena Acevedo, of the Violent Crime and Narcotics Trafficking Section, who prosecuted the case.

WASHINGTON – Clifton Smith, 21, of Oxon Hill, Md., was sentenced today to 17 years in prison for his role in a series of crimes, including two robberies that took place last year on Metrorail trains, U.S. Attorney Ronald C. Machen Jr. announced.

     Smith and a co-defendant, Alazajuan Gray, 20, of Washington, D.C., were found guilty by a jury in May 2013 of armed robbery, robbery, obstruction of justice, threats, contempt of court, carrying a dangerous weapon and other charges. The verdicts followed a trial in the Superior Court of the District of Columbia. Gray was sentenced July 23, 2013, to a 14-year prison term. Both defendants were sentenced by the Honorable Herbert B. Dixon, Jr.

     Upon completion of their prison terms, both men will be placed on five years of supervised release.

     According to the government’s evidence, on Sept. 21, 2012, at about 11:30 p.m., Gray and Smith approached several college students who had recently moved to Washington, D.C.  as these college students, including the victim, were on a Metrorail train at the Fort Totten station. Gray, who was armed with a handgun, took the victim’s iPhone and money. Smith encouraged Gray to take the victim’s property. The victim did not report the crime at the time; Smith told him not to “snitch” and tell the police or he would be harmed.

     One week later, on Sept. 28, 2012, at 8:30 p.m. the same victim, who was returning home from his part-time job he used to pay for community college, was at the Fort Totten Metro station and again encountered Gray and Smith. Gray approached him and flashed a gun. Gray and Smith chased the victim into the station’s kiosk. While inside the kiosk, Smith demanded if he was “snitching” and then assaulted the victim. Gray and Smith fled, but soon were caught by police.

     Neither the gun nor the victim’s iPhone were found on either of the defendants.  However, police found an iPhone near the location where Smith was stopped that night by the Metro Transit Police. The iPhone was linked to a separate Sept. 28, 2012 robbery. That robbery occurred at 7:30 p.m. on a Metrorail train at the Gallery Place/Chinatown station. In that incident, Gray grabbed an iPhone from a woman who had also recently moved to Washington, D.C. She was studying her graduate school homework as the train arrived at the station.  After Gray snatched the iPhone, Smith then blocked the victim’s attempt to chase after Gray.

     Cellular tower evidence placed Gray’s cell phone at the scene of the first armed robbery. 

     In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department. He also expressed appreciation to the Metro Transit Police and the FBI for assisting in the investigation. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Todd McClelland, Lynette Briggs, Lynda Randolph, and Kendrell Smith; Litigation Technology Specialists Anisha Bhatia, Thomas Royal, Will Henderson, Josh Ellen, Paul Howell, Claudia Gutierrez, and Leif Hickling; Victim/Witness Advocates  Jennifer Clark and James Brennan; interns Ashley P. Foote, Taylor Jones and Chelsea King; former intern Justin Bennett, and Assistant U.S. Attorneys Suzanne Curt and Chrisellen Kolb, Deputy Chiefs of the Appellate Division. Finally, he thanked Assistant U.S. Attorney Phil Selden, of the Felony Major Crimes Section, who is prosecuting the matter.

-Victim, 19, Was Shot Four Times in an Attempted Robbery-

     WASHINGTON – Rashid Caviness-Bey, 20, of Washington, D.C., was sentenced today to 27 years in prison for a murder that took place during an attempted armed robbery in Northwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Caviness-Bey was found guilty in June 2013 by a jury in the Superior Court of the District of Columbia of charges of second-degree murder while armed and carrying a pistol without a license in the slaying of 19-year old Osman Al-Akbar. He was sentenced by the Honorable Lynn Leibovitz. Upon completion of his prison term, Caviness-Bey will be placed on five years of supervised release.

     According to the government’s evidence, on Aug. 17, 2011, at about 1:30 a.m., Mr. Al-Akbar bicycled toward his home after visiting his girlfriend’s house.  As he was riding home, he talked on his cell phone with his girlfriend.  At the same time, Caviness-Bey and two teenagers emerged from Girard Park near the 2600 block of University Place NW.  They carried two guns and dressed in a manner to conceal themselves. 

     Mr. Al-Akbar encountered Caviness-Bey and the two teenagers in the 2600 block of University Place NW, where they tried to rob him.  During the encounter, Mr. Al-Akbar was shot three times in the back.  After he fell to the street, dying, he was shot a fourth time in the face with a second gun.  Mr. Al-Akbar died in the street next to his bicycle and personal belongings, which were scattered around him.

     Caviness-Bey and the teenagers fled after the shooting.  One of the teenagers and Caviness-Bey fled into a dead-end alley behind an apartment building at the corner of 15th and Fuller Streets NW.  Along the way, witnesses saw them discard the clothing they had worn to conceal themselves during the robbery.  One of the witnesses also spotted them with a gun.  The witness alerted the police to the alley that Caviness-Bey and the teenager ran into.  The police found Caviness-Bey and the teenager hiding at the bottom of a basement stairwell.  Nearby, the police found the two guns used to kill Mr. Al-Akbar.  The police also found the discarded clothing in the alley and in the trash receptacles near the alley.

     In announcing the sentence, U.S. Attorney Machen commended the work of the detectives of the Criminal Investigations Division, crime scene officers, and the Third Police District of the Metropolitan Police Department, and the U.S. Park Police.  He also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Michael Ortwein (now with the U.S. Attorney’s Office for the Eastern District of Michigan), who secured the indictment in the case; Criminal Investigator Durand Odom; Jelahn Stewart, Michael Hailey, David Foster, Marcia Rinker, Melissa Milam, and Christina Principe, all of the Victim Witness Assistance Unit; Kimberly Smith, William Henderson, and Leif Hickling of the Litigation Technology Unit, Paralegal Specialists Marian Russell and Ethel Noble, and Librarian Lisa Kosow.  Finally, he praised the efforts of Assistant U.S. Attorney Shana L. Fulton who tried the case.

WASHINGTON – Johnnie Sweet, 19, of Washington, D.C., was sentenced today to 52 years in prison for first-degree felony murder and other charges in the August 2010 kidnapping and slaying of 18-year-old Latisha Frazier, announced U.S. Attorney Ronald C. Machen Jr. and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Sweet was found guilty by a jury in April 2013, following a trial in the Superior Court of the District of Columbia, of first-degree felony murder with aggravating circumstances; first-degree premeditated murder with aggravating circumstances; kidnapping, and tampering with physical evidence. He was sentenced by the Honorable Russell F. Canan.

     According to the government’s evidence, Sweet was one of the leaders of a group of six young men and women who took part in the murder of Ms. Frazier.

     Ms. Frazier vanished on Aug. 2, 2010. For months, her family relentlessly sought to find her, passing out flyers and contacting local news stations to publicize her disappearance.  In late January 2011, one witness finally stepped forward and contacted the Metropolitan Police Department, revealing the truth of Ms. Frazier’s whereabouts. 

     On the day of her disappearance, the government’s evidence showed, Ms. Frazier had been brutally murdered by a group of six young men and women (ages 16 to 23), all of whom she believed to be her friends.  The group had suspected - with little evidence - that Ms. Frazier had stolen about $900 from Sweet.  Sweet recruited others and exacted a plan of revenge in which they would call her over to an apartment where they claimed to be socializing. 

     When Ms. Frazier arrived at the apartment in the 1700 block of Trenton Place SE, the group took her to a small bedroom where Sweet and others punched, kicked, and stomped her all over her body.  Ignoring her pleas for them to stop, they bound her in duct tape, taped a pillowcase over her head so she could not scream, and shoved her in a small, dark closet.  When she screamed and moaned, one of the members of the group placed her in a sleeper hold to “put her to sleep.”  Later, the group discovered that she had died. 

     To dispose of the body, Sweet helped carry her to the bathtub, where he and his friends attempted to dismember her.  That evening, Ms. Frazier’s body was thrown into a dumpster, and it is now believed to be somewhere in one or two landfills in rural Virginia. 

     Of a total of seven people charged with various offenses, six former co-defendants have pled guilty. They include Brian Gaither, 25, who has been sentenced to a 32-year prison term after pleading guilty to first-degree murder; Laurence Kamal Hassan, 24, who has been sentenced to 18 years in prison for second-degree murder and kidnapping; Cinthya Proctor, 21, who has been sentenced to 21 years in prison for second-degree murder, kidnapping and conspiracy to commit evidence tampering; Anneka Nelson, 19, who pled guilty to second-degree murder and kidnapping; Lanee Bell, 20,  who pled guilty to kidnapping, and Antoine McCullough, 27, who pled guilty to conspiracy to commit evidence tampering. Bell, Nelson and McCullough are awaiting sentencing.

     In announcing the sentence, U.S. Attorney Machen and Chief Lanier praised the work of those who investigated the case for the Metropolitan Police Department (MPD), including detectives from the Major Case/Cold Case Squad and the Seventh District.

     They also expressed appreciation for the efforts of those who handled the case for the U.S. Attorney’s Office, including Larry Grasso of the Criminal Intelligence Unit, Victim/Witness Advocate Marcia Rinker, and Paralegal Specialists Kwasi Fields, Phaylyn Hunt, and Angela Lawrence. Finally, they thanked Assistant U.S. Attorneys Christopher R. Kavanaugh and Melinda Williams, who prosecuted the case.

WASHINGTON – Noel Warner, 28, of Washington, D.C., has pled guilty to charges in an incident in which he fled from police by driving more than 100 mph before hitting another vehicle and injuring its driver, U.S. Attorney Ronald C. Machen Jr. announced today.

     Warner pled guilty on July 30, 2013, in the Superior Court of the District of Columbia, to charges of aggravated assault, fleeing a law enforcement officer, and unlawful possession with the intent to distribute marijuana. The Honorable Rhonda Reid Winston scheduled sentencing for Oct. 1, 2013.

     According to the government’s evidence, just before midnight on June 4, 2013, a U.S. Park Police Officer observed a silver Honda Accord with dark-tinted windows traveling about 45 mph in a 25 mph zone. The officer, driving a marked police vehicle, activated his emergency equipment. Warner, however, accelerated about a quarter-mile before striking an oncoming sedan in the 1300 block of Southern Avenue SE. The driver of the sedan, on his way home from work, was taken to a hospital after suffering a broken arm and injuries to his head and legs.

     Warner’s car, which was equipped with a speedometer that would lock on impact, displayed a speed at impact of 85 mph, 60 mph over the posted speed limit. A further review of the black box of the engine revealed that the top speed of the car in the moments before impact was 104 mph - 79 mph over the posted speed limit. Officers found marijuana in Warner’s car, along with a drug grinder, $100 in fraudulent U.S. currency, and open bottles of alcohol.

     In announcing the plea, U.S. Attorney Machen commended the work of the U.S. Park Police, as well as the Metropolitan Police Department’s Major Crash Unit, 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 Specialists Lynette Briggs and Todd McClelland and Investigative Analyst Sharon Johnson. Finally, he expressed appreciation for the efforts of Assistant U.S. Attorney Philip Selden, of the Felony Major Crimes Section, who is prosecuting the matter.

WASHINGTON - Aaron Thorpe, 33, and Melvin Knight, 36, both of Washington, D.C., were found guilty by a jury today of armed kidnapping and other charges stemming from an attack in which they held a man and woman for hours while searching a house in Northwest Washington for illegal drugs and cash, U.S. Attorney Ronald C. Machen Jr. announced.

     The verdicts followed a trial in the U.S. District Court for the District of Columbia. The defendants were found guilty of armed kidnapping, armed burglary, a weapons offense, and related charges. The Honorable Richard J. Leon scheduled sentencing for Oct. 31, 2013. Thorpe and Knight, who are being held without bond pending sentencing, face up to 35 years in prison.

     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 verdicts, 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.

WASHINGTON – Jeannette N. Awasum, the former owner of a health care provider, was sentenced today to eight months of incarceration on a federal charge stemming from falsifying records in connection with a U.S. Department of Health and Human Services audit.

     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 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 including the District of Columbia.

     Awasum, 49, of Germantown, Md., pled guilty in April 2013 in the U.S. District Court for the District of Columbia to a charge of falsification of records in connection with a federal investigation. She was sentenced by the Honorable Richard J. Leon. Upon completion of her prison term, Awasum will be placed on two years of supervised release. Four months of that time will be on home detention. She also was ordered to perform 500 hours of community service.

     According to a statement of offense, signed by the defendant as well as the government, in early June 2010, Awasum, the Chief Executive Officer and owner of Tri State Home Health and Equipment Service, was informed that the U.S. Department of Health and Human Services requested the physician-signed plans of care for 130 of its patients.  These plans of care are what authorize providers like Tri State to provide home healthcare services to Medicare and D.C. Medicaid beneficiaries.

     Awasum knew that Tri State lacked plans of care for 62 of these 130 patients.  Tri State received approximately $1,879,853 from Medicare and D.C. Medicaid for treating these 62 patients during the period for which plans of care were missing.  Awasum directed her employees to fraudulently create plans of care for the services that these 62 patients received, making it appear as if the documents had been created prior to the services being provided.  In total, the employees created 81 plans of care for these 62 patients.   

     Awasum instructed one of her employees to take the 81 fabricated forms to a doctor whom Awasum knew never examined these patients.  Despite the fact that this doctor never examined these patients, he signed the plans of care in June 2010, making it appear as if he authorized these 62 patients receiving home healthcare services prior to the time that Tri State provided these services.  The employee, at Awasum’s directions, placed the fraudulent 81 plans of care in Tri State’s file so that the forms would be present when the U.S. Department of Health and Human Services audited the services provided to these 62 patients.

     In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave, and Special Agent in Charge DiGiulio commended the efforts of those who investigated the case from the FBI’s Washington Field Office and the Office of the Inspector General of the U.S. Department of Health and Human Services. They also praised those who worked on the case from the U.S. Attorney’s Office, including Legal Assistant Donna Galindo, former Assistant U.S. Attorney Courtney G. Saleski, and Assistant U.S. Attorney Matt Graves, who prosecuted the matter.

WASHINGTON – Shawn Lewis, 41, of Washington D.C., pled guilty today to a charge of second-degree murder for killing a man in June 2013 by setting him on fire at an apartment building in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Lewis pled guilty in the Superior Court of the District of Columbia. Under terms of the plea agreement, the parties each agreed to recommend a sentence between 16 years and 24 years in prison. The Honorable Russell F. Canan scheduled sentencing for Oct. 18, 2013.

     According to the government’s evidence, at about 6:25 p.m. on June 28, 2013, Lewis returned to the apartment building where he was living in the 1600 block of 21st Place SE. He then went to the back porch of the building, holding a lit piece of newspaper and a container of ignitable liquid.  Lewis threw the liquid on the victim, Douglas Farley, 38, who was on the back porch. He ignited the liquid with the lit newspaper, engulfing Mr. Farley in flames.  Lewis was arrested on the scene at about 9:25 that evening.

     Mr. Farley was taken to the Washington Hospital Center, where he died on July 3, 2013. A post-mortem examination determined that Mr. Farley died as a result of complications from thermal and inhalation injuries sustained by the flames.

     In announcing the plea, 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 commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Debra Joyner, Victim/Witness Advocate Jennifer Clark, and Intelligence Specialist Sharon Johnson. Finally, he recognized the efforts of Assistant U.S. Attorneys Philip Selden, Kathryn Rakoczy, and Jonathan Kravis, who investigated and prosecuted the case.

WASHINGTON – Mark Coates, 28, of Washington, D.C., pled guilty today to a charge of  second-degree murder while armed for the December 2011 slaying of a man at a park in Northeast Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Coates pled guilty in the Superior Court of the District of Columbia.  The Honorable Herbert B. Dixon, Jr. scheduled sentencing for Sept. 23, 2013. 

     According to the government’s evidence, between 11 p.m. on Friday, Dec. 30, 2011, and 1 a.m. on Saturday, Dec. 31, 2011, Coates and an accomplice forced the victim, Leroy Studevant, 56, into the Marvin Gaye Park in the 4200 block of Hunt Place NE, where they punched and kicked him. 

     During the assault, Mr. Studevant managed to escape, and he ran across the park.  However, Coates and the accomplice chased Mr. Studevant through the park, until Coates ultimately cut off Mr. Studevant’s flight path. Using a knife, Coates and his accomplice then stabbed Mr. Studevant.  After forcing Mr. Studevant to the ground, Coates and his accomplice kicked him, and Coates was able to unhook and remove Mr. Studevant’s belt from around his waist.  The belt was placed around Mr. Studevant’s neck as a noose, and he was choked with the belt until he no longer resisted.  During the altercation, a wallet and cell phone were removed from Mr. Studevant’s pockets.  Coates and his accomplice split the money in the wallet. 

     An autopsy determined that Mr. Studevant died as a result of the strangling and assault in the park.  The reason for the attack was because the victim would not share his cigarettes.

     In announcing the plea, 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 commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kendra Johnson, Ethel Nobel, Marian Russell, and Sandra Lane; Lead Paralegal Specialist Sharon Newman; Victim/Witness Advocate Tamara Ince;  Victim Witness Security Specialist Katina Adams-Washington; Investigator Nelson Rhone; and Intelligence Specialists Lawrence Grasso, Zachary McMenamin, Shannon Alexis, and Sharon Johnson.  Finally, U.S. Attorney Machen recognized the efforts of Assistant U.S. Attorney Kimberley Nielsen and Assistant U.S. Attorney Robert Feitel, who investigated and prosecuted the case.

WASHINGTON – The U.S. District Court for the District of Columbia has entered judgment for more than $17 million against Dr. Ishtiaq Malik and his two companies, Ishtiaq Malik M.D., P.C. and Advanced Nuclear Diagnostics, for submitting false nuclear cardiology claims to federal and state health care programs, the Justice Department announced today.  Ishtiaq Malik, a nuclear cardiologist, has practiced in the District of Columbia metropolitan area since 2002. 

     The government’s allegations focused on Dr. Malik’s inappropriate claims for myocardial perfusion studies, commonly referred to as nuclear stress tests.  These diagnostic imaging studies determine whether a patient has heart disease due to inadequate blood flow to the heart muscles.  The test is usually performed in two separate phases:  stress and rest.  The two phases, which can be conducted on the same day or separate days, must be coded and submitted as one test.  The government alleged that, contrary to these requirements, Dr. Malik and his companies double-billed for multi-day nuclear stress test studies.

     The Honorable Robert L. Wilkins issued the judgment today.

     “This doctor fraudulently diverted critical resources from government health care programs, contributing to the rising cost of health care for all Americans,” said Ronald C. Machen Jr., U.S. Attorney for the District of Columbia.  “This lawsuit was designed to hold the doctor to account for bilking the taxpayer.  We will do everything in our power to obtain every cent of the $17 million this doctor now owes the American people.”

     “Physicians who participate in government health care programs must bill for their services accurately and honestly,” said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division.  “The Department of Justice is committed to pursuing those physicians who seek financial gain at the expense of taxpayer-funded programs.”  

     The government alleged that Dr. Malik submitted false claims to Medicare, District of Columbia Medicaid, Maryland Medicaid, TRICARE and the Federal Employees Health Benefits Plan.  In addition, the government alleged that Dr. Malik and his companies billed under codes that did not apply to the nuclear stress test studies he administered and billed for services already included in the payment for nuclear stress test codes, such as intravenous injections, drug infusions, 3D rendering and drug administration.  He and his companies also allegedly billed for services not performed. 

     “Federal employees deserve health care providers who meet the highest standards of ethical and professional behavior,” said Patrick E. McFarland, Inspector General of the U.S. Office of Personnel Management.  “This judgment reminds health care providers that they must observe those standards and reflects the commitment of federal law enforcement organizations to pursue improper and illegal conduct that places the health care system at risk.”

     “Dr. Malik fraudulently charged for his services and taxpayers deserve protection from such scams,” said Daniel R. Levinson, Inspector General of the U.S. Department of Health and Human Services.  “OIG agents, working with other law enforcement agencies, conducted interviews, gathered records and analyzed data to conclude a successful investigation and bring the doctor to justice.”

     The government filed suit against Dr. Malik and his two companies under the False Claims Act, which allows the government to recover three times its damages, plus penalties, from those who submit false claims for federal funds.  The state of Maryland and the District of Columbia subsequently joined the lawsuit under their respective state false claims acts.

     This civil lawsuit illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by Attorney General Eric Holder and Health and Human Services Secretary Kathleen Sebelius.  The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation.  One of the most powerful tools in this effort is the False Claims Act.  Since January 2009, the Justice Department has recovered a total of more than $14.7 billion through False Claims Act cases, with more than $10.7 billion of that amount recovered in cases involving fraud against federal health care programs.  

      This investigation was a cooperative effort among the Commercial Litigation Branch, Civil Division, Department of Justice; the U. S. Attorney’s Office for the District of Columbia; the Maryland Attorney General’s Office; and the Attorney General’s Office for the District of Columbia. The Department of Health and Human Services’ Office of the Inspector General, the Office of Personnel Management’s Office of the Inspector General, and the District of Columbia’s Office of the Inspector General, Medicaid Fraud Control Unit, assisted in the investigation.

     The lawsuit is United States of America et al. v. Malik et al., No. 1:12-01234-RLW (D.D.C.).   

WASHINGTON – Brenda Isom, the former human resources manager for a non-profit organization, pled guilty today to a federal charge stemming from the theft of more than $400,000 from her employer, U.S. Attorney Ronald C. Machen Jr. announced.

     Isom, 47, of Silver Spring, Md., pled guilty in the U.S. District Court for the District of Columbia to a charge of interstate transportation of stolen property. The Honorable Reggie B. Walton scheduled sentencing for Oct. 25, 2013. The charge carries a statutory maximum of 10 years in prison and financial penalties. Under federal sentencing guidelines, Isom faces a likely range of 30 to 37 months in prison and a fine of up to $60,000. As part of the plea agreement, Isom has agreed to the entry of a forfeiture money judgment against her in the amount of $414,047.

     According to a statement of offense signed by the government and the defendant, Isom was hired in January 2006 as human resources manager for the Leadership Conference Education Fund. The fund is a non-profit that works to promote and protect civil and human rights for people in the United States. Among other duties, Isom was in charge of managing the payroll. Those duties included electronically submitting information to a Maryland-based vendor that handled the processing of payroll payments.

     Soon after taking the job, Isom began submitting information that led to additional and unauthorized payments to herself, which were well in excess of her salary. She also altered reports to conceal and disguise the fraudulently obtained payroll amounts she was receiving.

     From January 2006 through June 2011, Isom received $414,047 in fraudulently obtained payroll amounts from the Leadership Conference Education Fund.

     “Brenda Isom stole $400,000 in charitable funds intended to promote civil rights in our country,” said U.S. Attorney Machen.  “Her crime harmed both the charity and the donors who gave their hard-earned money to support its mission. This case is another example of our continued efforts to prosecute thieves who divert charitable funds for personal gain.”

     In announcing the guilty plea, U.S. Attorney Machen praised the work of those who handled the case for the U.S. Attorney’s Office, including Criminal Investigators Matthew Kutz and Juan Juarez, former Assistant U.S. Attorney Mary Chris Dobbie, and Assistant U.S. Attorney James E. Smith, who is prosecuting the case.

WASHINGTON – April Johnston, a former corrections officer, was sentenced today to three months in jail and six months of home detention for accepting money to bring contraband into a District of Columbia correctional facility, announced U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.

     Johnston, 42, pled guilty to a charge of bribery in March 2013 in the U.S. District Court for the District of Columbia. She was sentenced by the Honorable Robert L. Wilkins. Upon completion of her jail time, she will be placed on two years of probation. Judge Wilkins also ordered her to perform 100 hours of community service. Johnston also is subject to a forfeiture judgment of $2,500.

     According to the government’s evidence, at the time of the offense, Johnston was employed as a corrections officer for the District of Columbia Jail and had met with individuals inside the jail to discuss the possibility of smuggling contraband to an inmate. In September 2011, she made a telephone call to a person who she believed was an associate of an inmate. In fact, however, that person was an undercover agent with the FBI.

     Johnston met the undercover agent on Sept. 28, 2011 at her residence in Maryland. During the meeting, the undercover agent paid her $1,000 and gave her a computer thumb drive to smuggle into the jail. She agreed to use her position as a corrections officer to smuggle the item to the inmate in return for the money, and she later did so.

     On Oct. 5, 2011, Johnston again met the undercover agent at her residence. This time, the agent paid her $1,500 along with a thumb drive and mobile USB flash drive to smuggle into the jail. Once again, she smuggled the items into the jail in return for the money.

     Johnston is among three corrections employees convicted of bribery since December 2012. In December 2012, Daishawn Goodson, a former corrections officer employed by the Corrections Corporation of America (CCA), pled guilty to taking money to smuggle contraband into the District’s Correctional Treatment Facility. She was sentenced to eight months of home detention. In March 2013, Jeremiah Moorman, a former corrections officer, was found guilty of bribery and first-degree theft charges for accepting money under the promise of bringing contraband into the District of Columbia Jail. He was sentenced to two years of probation.

     In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge Parlave commended the work of the agents who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the assistance provided by the District of Columbia Department of Corrections Office of Investigative Services. Finally, they acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Nicole Wattelet and Assistant U.S. Attorney Seth B Waxman, who prosecuted the case.

WASHINGTON - Marlon Williams, 34, Washington, D.C., has been found guilty by a jury of first-degree felony murder in the 2010 slaying of a man in Southeast Washington, U.S. Attorney Ronald C. Machen Jr. announced today.

     Williams was found guilty on July 26, 2013, following a trial in the Superior Court of the District of Columbia. The Honorable Russell F. Canan scheduled sentencing for Sept. 27, 2013.

     According to the evidence at trial, at about 4:30 a.m. on Sept. 13, 2010, the victim, Min Soo Kang, was found on the curb in the 3500 block of Croffut Place SE, with multiple gunshot wounds. Detectives found his wallet and contacted his next of kin, who advised them that Mr. Kang, 37, owned a 2010 Cadillac Escalade equipped with OnStar GPS technology. Detectives requested that OnStar assist in tracking the vehicle. At about 5:30 p.m. on that same date, OnStar located the Escalade in the 5200 block of Ames Street NE, and engaged the remote ignition block, which prevented the ignition from re-starting the vehicle once it had been turned off.

     Coincidentally, a short time later, a neighborhood resident returned home to find the disabled Escalade stopped in front of her residence. At about 7 p.m., that woman dialed 911 and alerted the Metropolitan Police Department (MPD) about the suspicious behavior of a man who, upon hearing sirens approaching in the area, exited the vehicle, quickly slammed the hood, threw something into her yard, and walked away. However, when those sirens went elsewhere, the same man returned, retrieved what he had thrown into her yard, and re-entered the vehicle, making further attempts to get it started.

     Once police located Mr. Kang’s vehicle, they had it towed to the Mobile Crime Lab. Technicians lifted a palm print from the hood of the car and several fingerprints from the interior handles of the driver’s door. In addition, a search of the passenger compartment yielded a receipt for the purchase of two cartons of Newport cigarettes by Mr. Kang, in Virginia, less than three hours prior to his body being found. Three unopened packs of Newport cigarettes with Virginia tax stamps remained in the vehicle. The technicians, upon noticing apparent bullet holes in the driver’s seat, recovered three bullets from inside that seat.

     Earlier, during the day of Sept.13, 2010, upon performing an autopsy on Mr. Kang, a medical examiner identified three gunshot wounds to the chest with exit wounds from his back. In addition, Mr. Kang suffered a gunshot wound to the face, which exited the left ear, another gunshot wound to the left index finger, exiting the palm of Mr. Kang’s hand, and one gunshot wound perforating his right forearm.

     Detectives used the palm-print, lifted from the hood of the Escalade, and identified by the fingerprint examiner, to match that of the defendant, and the description given by the 911 caller, which also matched that of the defendant, to obtain a warrant for a search of Williams’s home. There they found the murder weapon beneath his bed. In that same bedroom, police recovered one empty pack of Newport cigarettes bearing a Virginia tax stamp.

     In announcing this verdict, U.S. Attorney Machen praised the work of the MPD detectives, officers, crime scene technicians, and forensic specialists who worked on the case. He also expressed appreciation for the assistance of OnStar. In addition, he praised those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Alesha Matthews Yette, Litigation Technology Specialists Kimberly Smith, Leif Hickling, and Joshua Ellen, and Interns Arielle Barnett and Malini Malhotra.

     Finally, he commended the efforts of Assistant U.S. Attorney Gary Wheeler, who secured the indictment in the case and handled the prosecution at trial.

WASHINGTON - Thomas W. Gore, the former assistant treasurer for a District of Columbia mayoral campaign, was sentenced today to six months in prison for obstruction of justice and other charges stemming from his activities involving the 2010 election.

     The sentence was announced by U.S. Attorney Ronald C. Machen Jr. and Valerie Parlave, Assistant Director in Charge of the FBI’s Washington Field Office.

     Gore, 58, of Washington, D.C., pled guilty in May 2012 in the U.S. District Court for the District of Columbia to one count of obstructing justice by destroying records in a federal investigation and three counts of making a campaign contribution in the name of another person. He was sentenced by the Honorable Colleen Kollar-Kotelly.

     Upon completion of his prison time, Gore will be placed on three years of supervised release. Judge Kollar-Kotelly ordered that 180 days of that period must be spent on home detention. In addition, Gore must perform 200 hours of community service. Judge Kollar-Kotelly also barred Gore from participating in political campaigns without prior approval of the court.

     Gore is among three people, all associated with the same mayoral campaign, to plead guilty to charges in a continuing investigation of campaign activities during the election.

     Howard L. Brooks, 65, a member of the campaign’s finance and treasury teams, was sentenced last year to 24 months of probation and ordered to perform 200 hours of community service for making a false statement to the FBI. Business owner Eugenia C. Harris, 76, pled guilty in July 2012 to one count of conspiring to violate federal campaign finance law and to obstruct justice; one count of engaging in fraud and making false statements, and one count of conspiring to violate District of Columbia campaign law. Harris is awaiting sentencing.

     According to a statement of offense signed by the government as well as the defendant, Gore worked for one of the candidates challenging incumbent Mayor Adrian M. Fenty in the 2010 campaign. The guilty plea involves activities tied to his work on the campaign of that candidate, who is identified in the court documents as “Candidate A,” and Gore’s dealings with another of Mr. Fenty’s rivals, who is identified in the documents as “Candidate B.”

     Gore used his position in “Candidate A’s” campaign to help funnel money illegally from that campaign to the campaign of “Candidate B.” The goal was to keep “Candidate B” in the mayoral race so that “Candidate B” would continue his verbal attacks on Mr. Fenty. Gore later destroyed the record of these payments and lied about it when questioned by the FBI.

**

     “Thomas Gore is headed to prison because he lied to the FBI and shredded documents to cover up corruption in the 2010 D.C. mayoral election,” said U.S. Attorney Machen.  “He will be deprived of his liberty because he tried to deprive the voters of the truth about a secret scheme to funnel money from one mayoral campaign to another.  Jail time is a significant consequence that reflects the seriousness of his efforts to obstruct justice and subvert the democratic process.”

     “Corruption will not be overlooked or tolerated, no matter the level of government, the complexity of the scheme, or the names of those committing the fraud,” said Assistant Director in Charge Parlave. “The FBI will continue to pursue public corruption cases in order to bring confidence to the citizens of the District of Columbia, who deserve government officials who are elected fairly and without scandal.”

**

     Prior to 2010, Gore had experience working with “Candidate A” in other campaigns. He was the official treasurer of “Candidate A’s” campaigns in 2004 and 2006 and was well aware of the dictates of local campaign finance laws. The illegal activities began in or around June 2010. Gore provided Brooks with money orders, which had been purchased with excessive or unattributed cash contributions to the campaign of “Candidate A.” Brooks filled in the names of real persons who had not contributed these funds in the purchaser lines of these money orders.

     The statement of offense details a total of five such money orders in June and July of 2010, totaling $660, which Gore provided to Brooks for “Candidate B.”

     Gore kept a record of these funds, noting the amounts provided, in a spiral notebook.

     “Candidate B” subsequently reported the receipt of the money orders, in the names of the purported purchasers, as individual contributions he received, listing them in reports to the District of Columbia’s Office of Campaign Finance of the Board of Elections and Ethics.

     The campaign finance charges stem from Gore’s handling of the money orders.

     The obstruction charge involves actions taken by Gore months after the election. On March 6, 2011, allegations by “Candidate B” about the campaign of “Candidate A” appeared in the news media. In these reports, “Candidate B” alleged that, during the 2010 campaign, he had been promised a job in a future “Candidate A” administration. In addition, “Candidate B” said that he received payments from two members of the campaign for “Candidate A” in return for staying in the mayoral race and continuing to attack Mr. Fenty.

     On March 9, 2011, the U.S. Attorney’s Office for the District of Columbia issued a public statement that the U.S. Attorney’s Office and the FBI were assessing the allegations made by “Candidate B.” Throughout the rest of 2011, agents from the FBI interviewed witnesses and collected documents related to the allegations.

     Shortly after “Candidate B’s” allegations became public, Gore shredded the spiral notebook in which he had kept a record of payments to “Candidate B.” He did so to prevent law enforcement from finding out about the diversion of funds, which he knew to be illegal.

     In addition, during an interview with the FBI on Oct. 13, 2011, Gore made a number of false statements about the spiral notebook and the records that he kept.

     In announcing the sentence, U.S. Attorney Machen and Assistant Director in Charge Parlave commended the work of those who investigated the case for the FBI.

     They also expressed appreciation to Criminal Investigators Matthew Kutz, Mark Crawford, and Melissa Matthews; Paralegal Specialists Tasha Harris, Shanna Hays, Sylvester Brown, and Diane Hayes, and former Legal Assistant Jared Forney, all of the U.S. Attorney’s Office.

     Finally, they acknowledged the work of Assistant U.S. Attorney Ellen Chubin Epstein and former Assistant U.S. Attorney Mary Chris Dobbie, who investigated and prosecuted this matter.

WASHINGTON – Maria N. Werts, 49, of Washington, D.C., was sentenced today to seven years in prison on charges stemming from a traffic fatality last spring in Southwest Washington, U.S. Attorney Ronald C. Machen Jr. announced.

     Werts pled guilty in May 2013 in the Superior Court of the District of Columbia to involuntary manslaughter and driving under the influence. The plea, which was contingent upon the court’s approval, called for the seven-year prison term. The Honorable Herbert B. Dixon, Jr. accepted the plea and sentenced Werts today. Upon completion of her prison term, Werts will be placed on five years of supervised release.

     According to the government’s evidence, on Sunday afternoon, April 28, 2013, Werts was drinking malt liquor and smoking crack cocaine immediately before getting behind the wheel of a 2010 Toyota Yaris.  While driving on First Street SW, at about 2:45 p.m., Werts ran a red light at the intersection of South Capitol Street, making an illegal right turn on red. A southbound driver on South Capitol Street had to swerve to avoid colliding with Werts.

     Werts lost control of the Toyota she was driving, and mounted the sidewalk adjacent to the southbound lanes of South Capitol Street.  The victim, Emmajean Gainey, 58, was walking on that sidewalk with another pedestrian.  Both Ms. Gainey and her companion attempted to avoid being struck by Werts, but Werts struck Ms. Gainey head on, and pinned Ms. Gainey against a tree between the sidewalk and the roadway.  Ms. Gainey was killed instantly.

     Bystanders immediately called 911, and attempted to push the Toyota from Ms. Gainey’s body.  Witnesses saw Werts get out of the Toyota’s driver’s seat and attempt to leave the scene.  Werts was stopped by witnesses until police arrived. When police arrived, they administered field sobriety tests, which Werts failed. Werts was arrested and, while at a police station, breath tests indicated that her blood alcohol content was above the legal limit for driving.  Werts later admitted to drinking alcohol and smoking cocaine immediately prior to getting into the car.  While she denied driving the car, stating that she was merely a passenger, several eyewitnesses identified Werts on the scene as the driver responsible for Ms. Gainey’s death. 

     In announcing the sentence, U.S. Attorney Machen praised those who investigated the case for the Metropolitan Police Department, including members of the Major Crash Unit.  He also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Sandra Lane, Shavaka Melvin and Phil Aronson.  Finally, he commended the work of Assistant U.S. Attorney Edward A. O’Connell, who prosecuted the matter.

WASHINGTON – Antawon Randall, 28, of Capital Heights, Md., has pled guilty to charges stemming from a sexual assault that he committed against a woman who was unconscious in her own home, U.S. Attorney Ronald C. Machen Jr. announced today.

     Randall pled guilty on July 25, 2013, in the Superior Court of the District of Columbia to charges of second-degree sexual abuse and fourth-degree sexual abuse. The Honorable Ronna L. Beck scheduled sentencing for Oct. 11, 2013.  Randall faces a statutory maximum of 20 years for the charges.  He must also register as a sex offender for at least 10 years.

     According to the government’s evidence, on Sept. 8, 2012, the victim and her husband hosted a gathering at their apartment in Southeast Washington.  At some point during the gathering, the victim became sick from consuming too much alcohol and passed out.

     When the victim’s husband went to work, Randall snuck into her bedroom and sexually assaulted her while she was unconscious.

     In announcing the plea, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit.  He also praised those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key and Assistant U.S. Attorney Mervin A. Bourne, Jr., who investigated and prosecuted the matter.

WASHINGTON – George Ronald Marion, 67, of Fairfax Station, Va., was sentenced today to 50 months in prison for traveling interstate to engage in illicit sexual conduct with a minor and possessing 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).

     Marion, a retired Army officer, pled guilty to the charges in February 2013 in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Ellen S. Huvelle. Upon completion of his prison term, Marion will be placed on 10 years of supervised release. During that time, he must abide by a number of conditions, including registering as a sex offender, getting sex offender treatment, and following limits on computer/Internet usage and contact with minors. Judge Huvelle also ordered Marion to pay a $3,000 fine.

     According to the government’s evidence, between Nov. 28, 2012, and Dec. 8, 2012, Marion communicated online, by text message, and by telephone with an individual regarding Marion’s interest in engaging in sexual contact with an underage girl. Marion and the individual planned to meet on Dec. 8, 2012, to engage in such sexual activity. 

     The individual actually was acting under law enforcement supervision, working with the FBI’s Child Exploitation Task Force.  On Dec. 8, 2012, Marion traveled from Virginia to the prearranged meeting location in Washington, D.C., where he was arrested.  Following Marion’s arrest, law enforcement conducted a search of Marion’s residence and found approximately seven videos and 16 images of child pornography on his computer and electronic storage devices.

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

     In announcing the sentence, U.S. Attorney Machen, Assistant Director in Charge Parlave and Chief Lanier praised the MPD Detectives and Special Agents of the FBI Child Exploitation Task Force.  They also praised the work of Assistant U.S. Attorney Catherine K. Connelly and Paralegal Specialist Toni Donato of the Asset Forfeiture and Money Laundering Section.  Finally, they commended Assistant U.S. Attorney Cassidy Kesler Pinegar, who prosecuted the case.

WASHINGTON – Antoine Dyson, 42, of Washington, D.C., has been sentenced to a four-year prison term on charges stemming from a Capitol Hill robbery and a theft from an automobile in a downtown parking lot, U.S. Attorney Ronald C. Machen Jr. announced today.

     Dyson pled guilty in May 2013, in the Superior Court of the District of Columbia, to one count each of robbery and first-degree theft.  He was sentenced on July 24, 2013 by the Honorable Robert I. Richter.  Upon completion of his prison term, Dyson will be placed on three years of supervised release.  

     According to the government’s evidence, on July 13, 2012 at about 4:10 p.m., Dyson was observed on surveillance video entering the Grand Hyatt hotel parking garage in the 1000 block of G Street NW, carrying a single black briefcase.  He went to the corner of the garage and returned several minutes later carrying a second black briefcase. Shortly thereafter, the victim reported that the rear passenger window of his 2005 Lexus sports utility vehicle had been shattered, and that a black briefcase containing an Apple iPad2 tablet computer, an iPod Touch portable music player, and a Nikon Coolpix digital camera, among other items, was missing. The victim viewed the surveillance video and confirmed that the second black briefcase carried by Dyson was the briefcase that had been stolen from his vehicle.

     Months later, on Nov. 27, 2012, at about 8:30 p.m., Dyson entered the Matchbox restaurant in the 500 block of 8th Street SE, and was observed by an eyewitness removing a second victim’s wallet from her purse, which was hanging from a hook at the restaurant’s bar.  The eyewitness chased Dyson out of the restaurant and confronted him about the robbery.  Dyson then fled in a sports utility vehicle and was stopped several blocks away by officers of the Metropolitan Police Department (MPD).  The victim’s wallet was recovered near where Dyson’s vehicle had been stopped and the eyewitness positively identified Dyson as the perpetrator.

     Dyson also was suspected in approximately 72 break-ins of automobiles located in parking garages throughout downtown Washington from January 2011 to November 2012.  The break-ins were primarily focused at the Grand Hyatt and Gallery Place parking garages. Dyson often shattered windows to gain access to automobiles, before fleeing with electronics or other valuables contained within the vehicles.  As a result of the government’s investigation, these cases were successfully closed, and the government agreed not to bring any charges in exchange for Dyson’s plea of guilty to robbery and first-degree theft in May.  

     In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case for the MPD. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Donville Drummond and Tamaya Reid, Investigative Analyst William Hammon, and Assistant U.S. Attorneys Scott Ray and Clare Pozos.  Finally, he thanked Assistant U.S. Attorney Michael Spence, of the Felony Major Crimes Section, who prosecuted the matter.

WASHINGTON – Dustin Metz, 30, of Washington, D.C., pled guilty today to a federal charge of possession of child pornography, announced U.S. Attorney Ronald C. Machen Jr., John P. Torres, Special Agent in Charge, U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), Washington, D.C., and Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD).

     Metz entered the guilty plea in the U.S. District Court for the District of Columbia.  The Honorable Senior Judge Royce C. Lamberth is to sentence him on Oct. 17, 2013.  Metz faces a maximum sentence of 20 years of imprisonment, as well as a potential fine of $250,000.

     According to a statement of offense signed by the defendant as well as the government, between September 2012 and April 2013, Metz possessed child pornography on his personal computer at his residence in Washington, D.C. On various dates during that time-frame, Metz used a peer-to-peer file sharing program to download to his computer numerous images and videos depicting child pornography and at the same time make those images and videos available for other users of the program to download themselves. Metz viewed the images and videos and then deleted them.

     On April 17, 2013, law enforcement executed a search warrant at Metz’s home and seized various items, including two laptop computers. Law enforcement subsequently discovered evidence showing that Metz had possessed child pornography on both of the computers, including at least one video depicting child pornography and remnants of additional video and image files indicative of child pornography. Metz was arrested on May 9, 2013.

     In announcing the guilty plea, U.S. Attorney Machen, Special Agent in Charge Torres, and Chief Lanier praised the work of the HSI special agents and MPD detectives who investigated the case. They also commended the efforts of Assistant U.S. Attorney Cassidy Kesler Pinegar, who is prosecuting the case.

WASHINGTON – Ronnie Moore, 48, of Washington, D.C., was sentenced today to four years in prison on charges stemming from an incident in which he lured a woman into his car and then tried to sexually assault her, announced U.S. Attorney Ronald C. Machen Jr.

     Moore pled guilty in May 2013 in the Superior Court of the District of Columbia to charges of assault with intent to commit first-degree sexual abuse and felony threats. He was sentenced by the Honorable Ronna L. Beck.  As a result of the plea, Moore must register as a sex offender for the rest of his life. Upon completion of his prison term, Moore will be placed on 10 years of supervised release.

     According to the government’s evidence, on March 10, 2012, at about 10 a.m., Moore was driving a car at the intersection of Branch and Pennsylvania Avenues SE.  The victim, then 19, was standing at a bus stop at that location, and Moore pulled up and offered her a ride.  Moore said that he knew the victim’s mother, who he mentioned by name, and the victim accepted the ride. 

     Once inside his vehicle, Moore began complimenting the victim on her looks and asked her if she would be willing to have sex for money.  When the victim refused, Moore threatened to kill her if she did not comply.  The victim then punched Moore in the face and attempted to escape.  Moore struggled to keep her in his car.  The victim was able to escape the car, but left several personal effects in the vehicle.  Moore sped away from the area.

     On June 20, 2012, the victim saw Moore in a checkout line at a supermarket on Alabama Avenue SE. She and a relative confronted Moore, and then reported the sighting to a police officer working at the supermarket.  Moore was then placed under arrest. 

     In announcing the sentence, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Sex Crime Investigations Division.  He also praised those who handled the case for the U.S. Attorney’s Office, including Victim Witness Advocate Lesley Richardson, Paralegal D’Yvonne Key, and Information Technology Specialist Kimberly Smith.  Finally, he commended Assistant U.S. Attorneys Mervin A. Bourne, Jr. and Jeff T. Cook, who investigated and prosecuted the matter.

WASHINGTON – Alazajuan Gray, 20, of Washington, D.C., was sentenced today to a 14-year prison term on charges stemming from a series of crimes, including two robberies that took place on Metrorail trains, U.S. Attorney Ronald C. Machen Jr. announced.

     Gray and a co-defendant, Clifton Smith, 21, of Oxon Hill, Md., were found guilty by a jury in May 2013 of armed robbery, robbery, obstruction of justice, threats, contempt of court, carrying a dangerous weapon and other charges. The verdicts followed a trial in the Superior Court of the District of Columbia. Gray was sentenced by the Honorable Herbert B. Dixon, Jr., and Smith is awaiting sentencing.

     In addition to the prison term, Judge Dixon ordered Gray to pay $1,800 in fines and $450 in restitution and to undergo anger management and educational training. Upon completion of his prison term, Gray will be placed on five years of supervised release.

     According to the government’s evidence, on Sept. 21, 2012, at about 11:30 p.m., Gray and Smith approached several college students who had recently moved to Washington, D.C. as these college students, including the victim, were on a Metrorail train at the Fort Totten station. Gray, who was armed with a handgun, took the victim’s iPhone and money. Smith encouraged Gray to take the victim’s property. The victim did not report the crime at the time; Smith told him not to “snitch” and tell the police or he would be harmed.

     One week later, on Sept. 28, 2012, at 8:30 p.m. the same victim, who was returning home from his part-time job he used to pay for community college, was at the Fort Totten Metro station and again encountered Gray and Smith. Gray approached him and flashed a gun. Gray and Smith chased the victim into the station’s kiosk. While inside the kiosk, Smith demanded if he was “snitching” and then assaulted the victim. Gray and Smith fled, but soon were caught by police.

     Neither the gun nor the victim’s iPhone were found on either of the defendants.  However, police found an iPhone near the location where Smith was stopped that night by the Metro Transit Police. The iPhone was linked to a separate Sept. 28, 2012 robbery. That robbery occurred at 7:30 p.m. on a Metrorail train at the Gallery Place/Chinatown station. In that incident, Gray grabbed an iPhone from a woman who had also recently moved to Washington, D.C. She was studying her graduate school homework as the train arrived at the station.  After Gray snatched the iPhone, Smith then blocked the victim’s attempt to chase after Gray.

     Cellular tower evidence placed Gray’s cell phone at the scene of the first armed robbery. 

     In announcing the sentence, U.S. Attorney Machen commended the work of those who investigated the case for the Metropolitan Police Department. He also expressed appreciation to the Metro Transit Police and the FBI for assisting in the investigation. Finally, he acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Todd McClelland, Lynette Briggs, Lynda Randolph, and Kendrell Smith; Litigation Technology Specialists Anisha Bhatia, Thomas Royal, Will Henderson, Josh Ellen, Paul Howell, Claudia Gutierrez, and Leif Hickling; Victim/Witness Advocates  Jennifer Clark and James Brennan, former intern Justin Bennett, and Assistant U.S. Attorneys Suzanne Curt and Chrisellen Kolb, Deputy Chiefs of the Appellate Division. Finally, he thanked Assistant U.S. Attorney Phil Selden, of the Felony Major Crimes Section, who is prosecuting the matter.

WASHINGTON – Lindsay Branson III, 58, a former background investigator 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.

     Branson, of Silver Spring, Md., pled guilty in the U.S. District Court for the District of Columbia to making a false statement. The Honorable Amy Berman Jackson scheduled sentencing for Oct. 10, 2013. The charge carries a statutory penalty of up to five years in prison and a fine of up to $250,000. As part of his plea agreement, Branson must pay $159,918 in restitution to the federal government.

     According to a statement of offense submitted to the Court, Branson worked for Federal Investigative Services, a part of OPM that does federal background investigations.

     Between September 2010 and November 2011, in multiple Reports of Investigations on background investigations, Branson 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. His 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.

     Branson’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 $159,918 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 in the last four years involving false representations by background investigators and record checkers working on federal background investigations. In addition to Branson, 16 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 2.1 million investigations during the 2012 fiscal year. More than 770,000 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 and David Newcomer, OPM, Federal Investigative Services. They also acknowledged the work of Paralegal Specialist Nicole Wattelet and Legal Assistant Angela Lawrence, as well as Assistant U.S. Attorneys Ellen Chubin Epstein and David A. Last, who investigated and prosecuted this matter.

WASHINGTON – Chaqualo McNeil, 19, of Washington, D.C., has pled guilty to a felony charge stemming from a recent attempt to sexually abuse a fellow occupant of a group home, U.S. Attorney Ronald C. Machen Jr. announced today.

     McNeil entered the plea to a charge of attempted first-degree sexual abuse on July 19, 2013, in the Superior Court of the District of Columbia.  The Honorable John Ramsey Johnson scheduled sentencing for Sept. 20, 2013.  McNeil faces a statutory maximum of 15 years in prison. He also must also register as a sex offender for the rest of his life.

     According to the government’s evidence, on June 2, 2013, the victim, who is in his 20s,  was residing in a group home in Northeast Washington with two other adult males, including the defendant. At about 5:30 a.m., while the group home staff was reportedly asleep downstairs, McNeil entered the victim’s bedroom, overpowered him in his bed, and sexually assaulted him.

     In announcing the plea, U.S. Attorney Machen commended the work performed by those who investigated the case from the Metropolitan Police Department’s Sexual Assault Unit.  He also acknowledged the efforts of those who handled the case for the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key and Assistant U.S. Attorney Mervin A. Bourne, Jr. who investigated and prosecuted the matter.

WASHINGTON – Richard Mark Abbott, 62, of Chesterfield, Va., 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).

     Abbott entered the guilty plea in the U.S. District Court for the District of Columbia.  The Honorable John D. Bates is to sentence him on Oct. 18, 2013.  Abbott faces a maximum sentence of 10 years of imprisonment, as well as a potential fine of $250,000.

     According to the government's evidence, on March 15, 2013, Abbott contacted an undercover officer with the FBI's Child Exploitation Task Force, who had posted an ad on a social network site frequented by individuals with a sexual interest in children.  Over the next few days, Abbott engaged in online e-mail and instant messaging with the undercover officer, whom Abbott believed was the father of an under-aged girl.

     During the course of their communications, Abbott sent the undercover officer ten images of child pornography.  On May 2, 2013, Abbott was arrested at his residence in Virginia.  Pursuant to a search warrant for the residence, law enforcement recovered various electronic devices including two computers and various external storage devices.  After a forensic review of those items, law enforcement recovered over 600 images of child pornography.

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

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