District of Delaware
Press releases recorded for this federal judicial district.
Statement from U.S. Attorney David C. WeissRead the Press Release
WILMINGTON, Del. – “In the midst of this unprecedented national pandemic, I would like to offer some measure of certainty to our community.
First, the U.S. Attorney’s Office is still open for business. Federal, state, and local law enforcement are still open for business.
Second, federal, state and local law enforcement are aggressively pursuing criminals who seek to profit from COVID-19, whether through hoarding, price gouging or any other fraudulent scheme. Fraudsters, when we find you we will shut you down and seek to lock you up.
Third, there is no good reason for you to provide personal identifying information or banking information over the phone or online. You certainly do not need to provide this information to receive an economic stimulus payment. Be on the lookout for scams and swindles. Don’t be a victim.
Together our strength is immeasurable, so please contact my office at (302) 573-6277 if you encounter any suspicious behavior or fraudulent scams.”
U.S. Attorney Weiss Urges the Public to Report Suspected COVID-19 FraudRead the Press Release
WILMINGTON, Del. – U.S. Attorney David C. Weiss of the District of Delaware today urged the public to report suspected fraud schemes related to COVID-19 (the Coronavirus) by calling the National Center for Disaster Fraud (NCDF) hotline (1-866-720-5721) or to the NCDF e-mail address [email protected].
In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.
U.S. Attorney Weiss stated, “These are difficult times. Everyone is making sacrifices. We will not tolerate those who seek to exploit the vulnerability of our seniors to make a buck.”
Some examples of these schemes include:
- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. The District of Delaware Coronavirus Fraud Coordinator is Lesley Wolf.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
Sussex County Man Whose Drugs Killed Seaford Woman Pleads Guilty to Drug Offense in Federal CourtRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Roy Horsey, 28, of Sussex County, pled guilty yesterday to a drug offense, and admitted that he distributed a mixture of heroin and fentanyl that killed a Seaford woman in March, 2019.
According to statements made in open court, in March 2019 the defendant was selling controlled substances containing heroin/fentanyl packaged with a stamp that read “Shooter.” On March 8, 2019, the defendant sold some “Shooter” stamped drugs to a Seaford man, and the man shared those drugs with his wife. A few hours later, the man woke up to find his wife in medical distress. He administered CPR, but his wife died of a fentanyl and heroin overdose.
A few days later, Delaware State Police executed a search warrant at Horsey’s house in Seaford. Inside were about 333 baggies of heroin and fentanyl mixture, most of which were stamped “Shooter.”
The stamp “Shooter” caused three deaths and a number of non-fatal overdoses in Sussex County between March 9-13, 2019, and also caused overdoses in Kent and New Castle Counties. Only one of those deaths has been tied to Horsey.
“This defendant gambled with other people’s lives when he decided to sell heroin. Now he’ll roll the dice as the criminal justice system decides an appropriate period of incarceration.” said U.S. Attorney Weiss. “The First State Overdose Task Force and my office will continue to investigate people who sell drugs that cause overdoses – no matter the type of drug or quantity of drugs involved. Dealers will have to decide if it’s worth the risk.
"Horsey was responsible for the distribution of drugs, specifically a mixture of heroin and fentanyl, that resulted in the fatal overdose death of a woman in Sussex County," said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration's (DEA) Philadelphia Field Division. "When the Delaware State Police executed a search warrant on Horsey's house several days later, they recovered a substantial amount of this same heroin and fentanyl mixture that was packaged for distribution. Working with our law enforcement partners in the First State Overdose Task Force, the DEA will continue to pursue drug traffickers like Horsey that seek to poison our communities."
This case was investigated by the Drug Enforcement Administration as part of the First State Overdose Taskforce with assistance from the Delaware State Police. The Task Force consists of state and federal law enforcement partners who work to investigate overdose deaths soon after they occur. Assistant U.S. Attorney Jennifer K. Welsh prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 01:20-cr-00013 (RGA).
Rehoboth Beach Man Sentenced to 111 Months in Federal Prison for Gun and Drug ChargesRead the Press Release
WILMINGTON, Del. – Chief U.S. District Judge Leonard P. Stark sentenced Michael Henry, a 40 year-old Rehoboth Beach resident, to 111 months in prison for possessing cocaine with the intent to distribute it, as well as possessing a firearm in furtherance of a drug trafficking crime.
According to court documents, Henry was on probation following a 2017 State of Delaware sexual assault conviction. Because Henry had been twice convicted of federal gun-possession charges, he was prohibited from possessing any firearm.
On February 12, 2019, Henry’s state probation officers learned that Henry was violating his probation by carrying a gun and selling drugs. On the basis of that information, the probation officers searched Henry’s vehicle and residence. As they were conducting the search, law enforcement located Henry hiding underneath a mattress. Dispersed throughout the residence and vehicle, the officers discovered more than 333 grams of cocaine, 14 grams of marijuana, digital scales used to weigh drugs, and several “trap” soda cans—cans with a hidden compartment used to conceal contraband. Concealed between the box springs and the mattress where Henry was hiding, the officers found a loaded 9 mm handgun. Henry confessed that he had been selling the drugs since October 2018.
David C. Weiss, U.S. Attorney for the District of Delaware, commented on the sentence: “Despite having been convicted twice of federal gun charges, and despite being on active probation, this defendant chose to deal drugs while illegally possessing a firearm. Defendant couldn’t hide his person; couldn’t hide his drugs; and couldn’t hide his gun. The message is clear—if you possess a gun and sell drugs we will find you and you will go to jail for a long time.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Delaware State Police, and the Delaware Department of Probation and Parole participated in the investigation. Assistant U.S. Attorney Christopher R. Howland prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:19-cr-00068-LPS.
New Castle Man Sentenced to 15 Years in Federal Prison for Second Child Pornography ConvictionRead the Press Release
Wilmington, Del. – A New Castle, Delaware man was sentenced today to 15 years in prison for possessing and attempting to receive child pornography, announced David C. Weiss, U.S. Attorney for the District of Delaware.
On October 24, 2019, a federal jury for the District of Delaware found Thomas Noble, 71, guilty of one count of attempting to receive child pornography and one count of possessing child pornography after three days of trial. On February 26, 2020, Chief U.S. District Judge Leonard P. Stark sentenced Noble to serve 15 years in prison followed by 10 years of supervised release.
According to publicly filed documents and statements made in open court, while executing a search warrant at Noble’s home, law enforcement caught Noble actively downloading child pornography using peer-to-peer file sharing software. Later forensic analysis of Noble’s computer revealed 54 videos of child pornography and more than 900 hundred images of child pornography, including files depicting the sexual exploitation of prepubescent girls. Noble had previously been convicted in the State of Delaware on child pornography charges.
U.S. Attorney David C. Weiss stated as follows, "Our office is dedicated to protecting the most vulnerable among us – our children – from the abhorrent shadow industry that produces, distributes, and collects child pornography and from those who lurk in its base marketplace. Defendant’s time of preying on our children has come to an end."
“The 15-year sentence imposed on Noble sends a clear message that there are serious consequences for those possessing sexually explicit images of children,” said William S. Walker, Acting Special Agent in Charge of HSI Philadelphia. “HSI is dedicated to identifying these predators, and bring them to justice.”
“As a New Castle, Delaware man was sentenced today to 15 years in prison, everyone should know the protection of our children are a top priority for Delaware Law Enforcement. Our laser focus is to defend, guard and shield our most vulnerable for a safer Delaware. We are beholden to the prosecutors and the investigators who work tirelessly to protect our precious children from predators who seek to exploit them,” said Sergeant Richard Bratz, spokesperson for the Delaware State Police.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware State Police investigated this case. Assistant U.S. Attorneys Graham L. Robinson and Alexander P. Ibrahim of the District of Delaware prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices across the country and the Child Exploitation and Obscenity Section of the Department of Justice, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Delaware State University Officer Sentenced to 15 Months' Incarceration in Federal Bribery CaseRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Crystal Martin, former Associate Registrar at Delaware State University, was sentenced to 15 months’ incarceration today by the Honorable Richard G. Andrews, United States District Judge for the District of Delaware.
According to court documents and statements made in open court, between 2013 and 2017, Martin accepted bribes from co-defendant Stephen Williams in order to change the registration status of hundreds of out-of-state students, falsely qualifying them for in-state tuition. Using forged residency documents prepared by her co-conspirator, Martin’s actions allowed these students to pay reduced tuition, when in fact, she knew these students should be paying the higher rate for out-of-state residents. The out-of-state students paid Williams for this fraudulent service, who in turn paid Martin, and during the scheme Martin personally collected thousands of dollars in bribe payments. The loss to Delaware State University in reduced tuition payments during this four-year-period exceeded $3 million.
U.S. Attorney Weiss stated, “The citizens of Delaware depend on public officials to perform their work honestly and to put the public interest first. The defendant did the opposite when she accepted bribe after bribe to change the registration status of out-of-state students and deprive a public institution of millions of dollars. How much she personally profited matters little. She sold out Delaware State University and the people of Delaware. With the help of our dedicated law enforcement partners, my office will continue to prosecute individuals who violate the public trust.”
“We look to our University leaders to stand for integrity and fairness, but the defendant violated that trust when she took part in this scheme to steal from the taxpayers of Delaware,” said Jennifer Boone, special agent in charge of the Baltimore Division of the FBI. “Today’s sentence shows those actions have severe consequences and the FBI stands ready to hold accountable anyone who abuses the system for their own personal gain.”
"With today’s action, the two people who perpetrated this fraud scam not only against Delaware State University but America’s taxpayers have now been sentenced and held accountable for their fraudulent actions,” said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Eastern Regional Office. “I am proud of the contribution of OIG Special Agents and our law enforcement partners for their work in the case and commitment to protecting Federal education funds from such abuse.”
This case was investigated by the FBI Baltimore Division’s Wilmington Office, the United States Department of Education, and Delaware State Police, with assistance from the Delaware Attorney General’s Office. The case is being prosecuted by Assistant U.S. Attorneys Whitney C. Cloud and Laura D. Hatcher.
Maryland Woman Federally Indicted for Stealing from Former EmployerRead the Press Release
WILMINGTON, Del. – A federal grand jury returned an indictment on February 13, 2020, charging a Baltimore, Maryland woman with one count of theft from a Wilmington company receiving federal funds.
According to the indictment, April Pritchett, 37, engaged in a scheme to defraud her former employer, referred to as Company A in the indictment, a property management and development company based in Wilmington, Delaware. Company A receives funding from the U.S. Department of Housing and Urban Development (“HUD”) Project-Based Section 8 Rental Assistance Program, which supports low-income individuals in paying rent for otherwise unaffordable housing units.
According to the indictment, Pritchett worked as a property manager for two of Company A’s properties from 2015 through mid-2019. Pritchett engaged in a scheme to defraud Company A by collecting tenant rent payments in the form of money orders and changing the payee field to reflect her own name. Pritchett then deposited over $95,000 of these money orders, meant for rent, into her personal bank account and used the stolen rent payments to fund international vacations, plastic surgery, and clothing purchases. Pritchett hid her fraud by making false statements to Company A’s management to explain mounting rent delinquencies and making false entries into Company A’s tenant management system.
Pritchett is charged with Theft from a Program Receiving Federal Funds. If convicted, Pritchett faces a maximum penalty of 10 years in prison and a $250,000 fine. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing guidelines and other statutory factors.
David C. Weiss, U.S. Attorney for the District of Delaware, made the announcement and gave the following comment, “The defendant is charged with abusing the trust of her employer and the tenants who entrusted her with their rent payments by diverting those funds for her personal use. My office is committed to prosecuting those who defraud Delaware businesses, particularly when those businesses are themselves partially funded with taxpayer dollars designed to assist low-income citizens in securing housing.”
This case was investigated by the U.S. Department of Housing and Urban Development Office of the Inspector General and is being prosecuted by Assistant U.S. Attorneys Lesley F. Wolf and Ruth E. Mandelbaum.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
Philadelphia Drug Dealer Sentenced to 10 Years in Federal Prison for Supplying Deadly Heroin in NewarkRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Canda Quach, 28, of Philadelphia, was sentenced today to 10 years in federal prison by U.S. District Judge Richard G. Andrews. Quach previously pled guilty to conspiracy to distribute over 3000 grams of heroin in capsule form.
According to court documents, the Drug Enforcement Administration and the New Castle County Police Department investigated an overdose death involving suspected heroin capsules in August, 2017. Heroin sold in Delaware is typically packaged in clear plastic baggies containing a blue wax paper sheet, which is usually “stamped” or otherwise branded to differentiate it from other types of heroin. The emergence of heroin capsule sales in the greater Newark area was novel and unique to Delaware.
Following an investigation into the death of the victim, officers arrested co-defendant Rodney Cox for delivering the fatal dose of heroin capsules. Judge Andrews sentenced Cox to 51 months in federal prison on August 20, 2017. Cox received the heroin capsules from co-defendant Jawaan Wallace, who was sentenced by Judge Andrews on August 20, 2019 to 10 years in federal prison. As the heroin supplier for Wallace, Quach was the source of the heroin capsules in Delaware. Since Quach’s arrest on February 1, 2018, officers have no reported cases of heroin capsules distributed in Delaware.
Commenting on the sentence, U.S. Attorney Weiss noted: “This case highlights both the tragedy of heroin overdoses and the collective response needed to combat it. The collaborative efforts of federal and local law enforcement resulted in Mr. Quach’s arrest and conviction. The deadly heroin capsules the defendant distributed took a human life. Today’s sentence appropriately reflects the seriousness of the defendant’s crime.”
“Quach was responsible for distributing over 3,000 grams of heroin in capsule form, which represented a distribution method that was different from what is normally seen in this region. As such, Quach’s unusual method of packaging heroin was likely tied to the significant amount of heroin that he was responsible for distributing,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “This case is a reminder that illegal street drugs, especially when packaged in an innocuous from like a capsule, pose a deadly threat to the people that use them.”
This case was investigated by the Drug Enforcement Administration as part of the First State Overdose Taskforce with assistance from the New Castle County Police Department and Delaware State Police. The Task Force consists of state and federal law enforcement partners who work to investigate overdose deaths soon after they occur. Assistant U.S. Attorney Daniel Logan prosecuted the case.
Wilmington Drug Dealer Sentenced to over 5 Years in Federal Prison for Middletown Man's Overdose DeathRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Larry B. Wise, 26, of Wilmington, was sentenced on February 5, 2020 to 63 months in federal prison. Wise previously pled guilty to distributing heroin. Prior to sentencing, Wise agreed that his drugs resulted in the death of a 31-year-old man from Middletown, Delaware.
According to court documents, in early 2019, Wise was distributing between 130-650 baggies of fentanyl-laced heroin per day in the Wilmington’s Riverside neighborhood. Wise’s drugs, stamped “Dragon Ball Z,” changed hands multiple times before they were ultimately ingested by the victim on February 2, 2019, causing his death. Post mortem toxicology records showed that the victim had 6.7 ng/ml of fentanyl in his bloodstream.
United States District Judge Maryellen Noreika found that drugs distributed by Wise caused the victim’s death. As a result, she granted a motion by the United States to enhance Wise’s sentence, ultimately imposing a sentence of 5 1/4 years in prison.
Commenting on the sentence, U.S. Attorney Weiss noted: “This case is yet another tragic example of the destructive power of fentanyl-laced heroin. Drug dealers take note: if you knowingly sell a substance that may contain fentanyl and that substance causes death, we will hold you accountable.”
This case was investigated by the Drug Enforcement Administration as part of the First State Overdose Task Force (the “Task Force”) with assistance from the Middletown Police Department and the New Castle County Police Department. The Task Force consists of state and federal law enforcement partners who work to investigate overdose deaths soon after they occur. Assistant U.S. Attorney Christopher L. de Barrena-Sarobe prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 01:19-cr-083.
Delaware Man Sentenced to 12 Months' Incarceration for Defrauding Federally-Funded Job Placement Program in Wire Fraud CaseRead the Press Release
WILMINGTON, Del. David C. Weiss, United States Attorney for the District of Delaware, announced that William A. Brown (“Brown”) was sentenced by U.S. District Court Judge Leonard P. Stark to 12 months’ incarceration for wire fraud on January 29, 2020.
According to court documents and statements made in court, Brown, age 52, of Felton, Delaware, was previously a job placement counselor at Connections Community Support Programs, Inc. (“Connections”). During 2015 and 2016, Connections contracted with the Delaware Division of Vocational Rehabilitation (“DVR”) to help that organization provide employment counseling and job placement services to individuals recovering from drug and alcohol addiction. The federal Workforce Innovation and Opportunity Act provides funding for DVR and sets programmatic goals; DVR receives 80% of its funding through federal government programs.
As part of a multi-year fraud on DVR, Brown submitted falsified client paperwork and created bogus client paystubs so that DVR would pay Connections for completed client services. By submitting more than thirty false documents over a two-year period, Brown not only caused the payment of excess funds to Connections, he made Connections’ services appear more successful than they actually were and so improved his own job security.
In sentencing the defendant, Chief Judge Stark expressed that the defendant’s “actions contribute to undermining public support in these types of programs.”
U.S. Attorney Weiss stated, “The Division of Vocational Rehabilitation performs an important service for Delaware citizens, and its mission is undermined when a self-interested contractor like the defendant commits fraud. By falsifying client paperwork in a way that boosted his own performance numbers and triggered payments by DVR to Connections, the defendant put his own job security above the job prospects of the clients that Connections was contracted to assist. The defendant’s sentence of incarceration sends an important message that fraud on government programs will not be tolerated by the criminal justice system.”
“This defendant perpetrated a fraud against the government, against his employer, and against a public program that supports Delaware citizens, for his own personal gain. When programs funded by the government are victimized by fraud, the FBI will work relentlessly with our local, state and federal law enforcement partners to root out the individuals responsible. Such fraud victimizes not only public programs but also the taxpayers who fund these programs,” said Special Agent in Charge Jennifer C. Boone of the FBI’s Baltimore Division.
“William Brown defrauded the Delaware Division of Vocational Rehabilitation by submitting false documentation for employment counseling and job placement services intended for clients in drug and alcohol recovery. We will continue to work with our law enforcement partners to protect the integrity of federally-funded job placement programs,” said Acting Special Agent-in-Charge Derek Pickle, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
“This case is an example of our commitment to protecting Federal funds from fraud, waste, and abuse, and stop those who seek to enrich themselves at the expense of taxpayers," said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Eastern Regional Office. "The Office of Inspector General and our partners will continue to work tirelessly to safeguard Federal education dollars.”
This case is the result of an investigation conducted by the FBI Baltimore Division’s Wilmington Office, U.S. Department of Education Office of Inspector General, and the U.S. Department of Labor Office of Inspector General, with help from the Delaware Department of Justice. The prosecution was handled by Assistant U.S. Attorney Whitney Cloud.
New Jersey Man Sentenced to 42 Months in $3M Federal Bribery CaseRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that Stephen Williams was sentenced by U.S. District Court Judge Richard G. Andrews to 42 months’ incarceration for bribery in connection with programs receiving federal funds. Williams is the co-defendant of Crystal Martin, the Delaware State University (“DSU”) administrator who pled guilty to the same bribery scheme in April 2019, and whose sentencing occurs in February 2020.
According to court documents and statements made in open court, between 2013 and 2017, Williams was the leader of a bribery scheme at DSU. Williams recruited students to pay him a fee to change their student registration status from out-of-state residency to in-state residency. After students paid him their fee, Williams helped create forged residency documents, such as leases, and then delivered the forged documents to his co-defendant Martin to place in the students’ files, justifying the residency changes that Martin recorded in the university’s computer system. Williams paid Martin a percentage of the fee he collected from each student whose residency was changed, amounting to approximately $70,000 over the course of four years. Williams also paid DSU students to recruit others interested in having their registration status changed. While the total amount that Williams profited from his scheme remains unknown, the estimated cost of reduced tuition payments of more than 250 students to DSU during this four-year-period exceeded $3 million.
U.S. Attorney Weiss stated, “The defendant created and ran a four-year scheme that defrauded a Delaware public university. In so doing, he encouraged hundreds of people to break the law. Further, he deprived his own alma mater and Delaware taxpayers of the rightful tuition proceeds for Delaware State University so that he could personally profit. Defendants who repeatedly break the law for their own personal gain at the expense of Delaware citizens must be held accountable.”
“This defendant perpetuated a fraud, for his own personal gain, against the university, the state of Delaware, and those students who did not try to game the system,” said FBI Baltimore Special Agent in Charge Jennifer Boone. “The FBI will pursue cases of injustice, such as this, until the perpetrator pays for the crime.”
“Williams knowingly and willfully defrauded America’s taxpayers and students in a deliberate and methodical way. With his prison sentence and this judgment, he is being held accountable for his criminal actions,” said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General Eastern Regional Office. “I’m proud of the work of the Office of Inspector General and our law enforcement partners in this matter and continuing our work to protect Federal education funds from those who would use them for their own selfish purposes.”
This case was investigated by the FBI Baltimore - Wilmington Office, the U.S. Department of Education Office of Inspector General, and Delaware State Police, with assistance from the Delaware Department of Justice’s Office of Civil Rights and Public Trust. The case was prosecuted by Assistant U.S. Attorneys Laura D. Hatcher and Whitney C. Cloud.
Delaware U.S. Attorney's Office Collects $9,560,696.85 for U.S. Taxpayers and Victims in Fiscal Year 2019Read the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced today that the U.S. Attorney’s Office for the District of Delaware collected $9,560,696.85 in criminal and civil actions during fiscal year 2019, which ended September 30th. Of that amount, $6,337,256.91 was collected through civil actions and $3,223,439.94 stemmed from fines and restitution ordered as part of criminal convictions.
Two cases that generated significant collection efforts include U.S. v. Zahid Aslam and U.S. v. Navimax Corp., both generating $3,070,000 and $2,000,000 respectively.
“This year’s substantial recovery is a direct result of increased collaboration and cooperation between my Office and our federal, state and local partners,” said U.S. Attorney Weiss. “As prosecutors, our work does not end with a conviction in a criminal case or a settlement or judgment in a civil case. As the numbers demonstrate, we work diligently to facilitate collection of civil debts and thereby ensure financial justice for crime victims.”
The U.S. Attorneys’ Offices, along with the U.S. Department of Justice’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
FY 2019 collections include recovery of government money lost to criminal fraud, environmental crimes, and other misconduct and recovery of money lost by victims as a result of individual and corporate misconduct. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Internal Revenue Service, and the Department of Education.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the District of Delaware.
Federal Indictments Returned in Delaware and Maryland Charging Three Alleged Members of the Violent Extremist Group "the Base" with Federal Firearms and Alien-Related ChargesRead the Press Release
WILMINGTON, Del. – Federal grand juries in Delaware and Maryland have returned indictments charging alleged members of the racially motivated violent extremist group “The Base” with firearms and alien-related charges. Both federal indictments charge Brian Mark Lemley, Jr., age 33, of Elkton, Maryland, and Newark, Delaware; and Canadian national Patrik Jordan Mathews, age 27, currently of Newark, Delaware, with firearms and alien-related charges. A third alleged member of “The Base,” William Garfield Bilbrough IV, age 19, of Denton, Maryland, is charged in the Maryland indictment for alien-related charges. The Delaware indictment also charges Lemley and Mathews with destroying their cellular telephones with intent to obstruct justice. The Maryland indictment was returned on January 27, 2020 and unsealed today. The Delaware grand jury returned its indictment today.
The indictments were announced by United States Attorney for the District of Delaware David C. Weiss; United States Attorney for the District of Maryland Robert K. Hur; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; and Acting Special Agent in Charge Toni Crosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
The six-count Delaware indictment alleges that Lemley transported an illegal alien, specifically Patrik Jordan Mathews, on November 4, 2019; and that from November 4, 2019 through January 16, 2020, Lemley harbored Mathews, knowing he was an illegal alien. Further, Lemley and Mathews are charged with being or aiding-and-abetting an alien in possession of a firearm and ammunition from November 28, 2019 through January 4, 2020, and again on January 16, 2020; with illegal possession of a machinegun; with illegal possession of an unregistered machinegun; and with destroying their cellular telephones with the intent to obstruct justice, specifically an investigation conducted by the FBI.
The 12-count Maryland indictment charges Lemley and Bilbrough with conspiring to transport an alien from August 30 through 31, 2019, and with transporting an alien on August 31, 2019; with conspiring to transport and harbor an alien on November 2 and 3, 2019, and with transporting an alien and harboring an alien on November 3, 2019. Lemley is charged with transporting a machine gun in interstate commerce on January 2, 2020; and with disposing of a firearm and ammunition to an illegal alien on January 5, 2020 and January 11, 2020. Lemley and Mathews are charged with being or aiding-and-abetting an alien in possession of a firearm and ammunition on January 5, 2020 and January 11, 2020; and with transporting a firearm and ammunition with intent to commit a felony on January 5, 2020 and on January 11, 2020.
The federal indictments also seek the forfeiture of any property traceable to the offenses charged, including all firearms and ammunition allegedly involved in the commission of the offense, and a 2019 Chevrolet Colorado ZR2 allegedly used to facilitate the offense.
If convicted, Lemley and Bilbrough each face a maximum sentence of five years for transporting and harboring certain aliens, and 10 years for conspiracy to do so. Lemley also faces a maximum of five years in prison for transporting a machine gun in interstate commerce, and a maximum of 10 years in federal prison for disposing of a firearm and ammunition to an illegal alien. Lemley and Mathews each face a maximum of 10 years in federal prison for transporting a firearm and ammunition in interstate commerce with intent to commit a felony offense; a maximum of 10 years in federal prison for being or aiding-and-abetting an alien in possession of a firearm and ammunition; a maximum of 10 years in prison for illegal possession of a firearm; a maximum of 10 years in prison for illegal possession of an unregistered firearm; and a maximum of 20 years in prison for obstruction of justice. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorneys David C. Weiss and Robert K. Hur commended the FBI Baltimore Joint Terrorism Task Force (JTTF) and ATF for their work in the investigation, and thanked U.S. Homeland Security Investigations, the Maryland Department of Natural Resources, the Maryland State Police, and the Delaware State Police for their assistance. Mr. Weiss and Mr. Hur thanked their offices’ national security prosecutors, who are handling the case.
Seaford Man Pleads Guilty to Tax ChargeRead the Press Release
WILMINGTON, Del. – A Seaford man pleaded guilty today to filing a false tax return.
According to court documents, Lorne “Bob” Adams, 49, filed a false 2015 Federal Income Tax Return, omitting approximately $165,000 in income. Pursuant to his plea agreement, Adams further admitted to outstanding tax liabilities for 2013, 2014, and 2016. In total, Adams agreed to make restitution to the Internal Revenue Service totaling $112,628.00.
Adams pleaded guilty to Making False Statements on a Tax Return, and faces a maximum penalty of 3 years in prison when sentenced on May 29, 2020. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
“Lorne Adams’ failure to report all of his income is a felony offense that carries severe consequences,” said IRS Criminal Investigation Special Agent in Charge Guy Ficco. “As we approach the beginning of tax filing season, would-be tax cheats are reminded that engaging in similar criminal behavior could result in a prison sentence.”
David C. Weiss, U.S. Attorney for the District of Delaware, made the announcement after U.S. District Judge Richard G. Andrews accepted the plea. Assistant U.S. Attorney Lesley F. Wolf is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:19-cr-143.
Delaware U.S. Attorney's Office and ICE Recover Fourth - and Most Rare - Stolen Christopher Columbus Letter on Behalf of the Government of ItalyRead the Press Release
WILMINGTON, Del. — Today, and for the fourth time since 2016, U.S. Attorney David C. Weiss and U.S. Immigration and Customs Enforcement (ICE) announce that they have recovered a more than 500-year-old copy of Christopher Columbus’ letter describing his discoveries in the Americas to the Government of Italy. This announcement follows a court filing in the District of Delaware, which ordered the return of this historic document to the Biblioteca Nazionale Marciana in Venice, Italy. This letter, commonly known as a Plannck I edition (“Columbus Letter-Plannck I”), is exceptionally rare because this first edition only mentions the King of Spain, while the second edition, commonly known as Plannck II, acknowledges both the King and Queen of Spain. This Columbus Letter-Plannck I is valued in excess of $1,300,000.
Following a lengthy investigation by ICE’s Homeland Security Investigations, the U.S. Attorney’s Office for the District of Delaware, and the Italian Carabinieri Command for Protection of Cultural Heritage, investigators determined that, sometime in or around 1875, the Biblioteca Nazionale Marciana in Venice, Italy acquired a copy of the Columbus Letter-Plannck I, described above. At an unknown time between 1985 and 1988, the Columbus Letter-Plannck I was stolen from the Biblioteca Nazionale Marciana.
Unlike prior recovered Columbus letters, this Columbus Letter-Plannck I was not replaced with a forgery, but instead was missing from the Biblioteca Nazionale Marciana for decades. The investigation determined that, in May 2003, a collector acting in good faith unknowingly purchased the Biblioteca Nazionale Marciana’s Columbus Letter-Plannck I letter from a rare book dealer in the United States.
In 2019, following negotiations between the U.S. Attorney’s Office and representatives for the individual in possession of the letter, the parties agreed to permit Dr. Paul Needham from Princeton University to inspect the Columbus Letter-Plannck I, along with important evidence provided by the Biblioteca Nazionale Marciana. Dr. Needham’s inspection ultimately assisted investigators in determining that the Columbus Letter-Plannck I was, in fact, the stolen letter that belonged to the Biblioteca Nazionale Marciana. Accordingly, the individual in possession of the Columbus Letter-Plannck I voluntarily agreed to relinquish title and interest in the letter.
U.S. Attorney Weiss stated that, “We continue to be thankful for our strong law enforcement partnership with the Government of Italy to combat cross-border crimes that bring stolen cultural property into the United States for sale. This recovery is an excellent example of international law enforcement collaboration resulting in the return of world treasurers to their rightful owners. I commend the efforts of those involved in this case, including Dr. Needham for his expertise in this field.”
“Culturally significant artifacts are assigned a monetary value in the world's marketplaces in which they are traded,” said William Walker, Acting Special Agent in Charge of HSI Philadelphia. “But the cultural and symbolic worth of these objects far surpasses any given dollar value to the nations to whom they rightfully belong. HSI is pleased that today's court action is a positive step toward returning this five-century old Christopher Columbus letter to the people of Italy.”
The case is being investigated by Special Agent Mark Olexa and Investigator Mario Coppola, HSI and is being prosecuted by Assistant U.S. Attorney Jamie M. McCall for the District of Delaware.
New York Man Sentenced to 18 Months in Federal Prison for Cyberstalking ConspiracyRead the Press Release
WILMINGTON, Del. – U.S. Attorney David C. Weiss announced that Kristian James O’Hara, age 25, of Bardonia, New York, was sentenced today to 18 months in prison by the Honorable Colm F. Connolly, U.S. District Judge for the District of Delaware. O’Hara pleaded guilty to conspiracy to commit cyberstalking on April 3, 2019.
According to court documents and statements made in open court, O’Hara led an 18-month cyberstalking conspiracy designed to intimidate and harass a former college classmate and her parents. From December 2016 through May 2018, O’Hara and his co-conspirator Vincent James Palesky harassed the victim and her parents in multiple ways. They frequently sent late-night food orders to her apartment, spoofed phone calls to her phone, and left disturbing voicemails at her childhood home in Delaware, falsely claiming the victim gave them a sexually transmitted disease. O’Hara drew upon his friendship with the victim in order to gain information about her location and her activities, which he then used to further his cyberstalking campaign.
In May 2018, O’Hara escalated the conduct by signing up the victim’s work email address for membership at websites including Pornhub.com, barraging the victim’s new cell phone number with spoofed calls, and posting the victim’s name, likeness, and cell phone number on a sex-chat website. Each time his victim took steps to deter him, O’Hara found new means to inject himself into her life. The persistent nature of O’Hara’s conduct caused his victim to fear leaving her home alone.
O’Hara and Palesky also cyberstalked five other individuals between 2016 and 2018, including former high school acquaintances, another college classmate, and coworkers. O’Hara bragged to others about the “standard procedure” they used to psychologically harm victims.
U.S. Attorney Weiss stated, “This defendant used the Internet to terrorize a young woman and her parents. He and his co-conspirator committed dozens of separate acts, culminating in the defendant posting the victim’s name and number on a sex-chat website. Thanks to the courage of this family, the diligence of the lead FBI investigators, and assistance from other jurisdictions, O’Hara was quickly stopped and today appropriately punished. Members of our community deserve to be free from criminal online harassment and to feel safe in their homes. We are committed to prosecuting Defendants who use the Internet to cyberstalk others.”
"Those who think they can use the anonymity of the Internet to terrorize people will quickly realize the investigative abilities of the FBI and cyber task force partners," said FBI Baltimore Special Agent in Charge Jennifer Boone. "The FBI’s mission is to protect the American people and we will always support our communities against cyberstalking."
This case was investigated by the FBI Baltimore - Wilmington Cyber Task Force, with support from the FBI New York Cyber Task Force, Newark Cyber Task Force, and the New York City Police Department, and the U.S. Attorneys’ Offices in District of New Jersey and Southern District of New York. The case was prosecuted by Assistant U.S. Attorney Whitney Cloud and Cybercrime Section Chief Jamie M. McCall.
New Castle County Man Convicted After Overdose Death Trial Sentenced to 24 Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Donte Jacobs, 31, of New Castle County, was sentenced today to 24 years in federal prison by U.S. District Judge Richard G. Andrews. Jacobs had previously been convicted at trial of distributing and conspiring to distribute fentanyl-laced heroin that resulted in the death of a 26-year-old woman. Jacobs had also pled guilty to being a felon in possession of a firearm recovered during the investigation.
According to court documents and evidence presented at trial, Jacobs had a longstanding agreement to distribute heroin and/or fentanyl-laced heroin with others in the region. By the end of June 2016, Jacobs was distributing fentanyl-laced heroin packaged with a “BUTTER” stamp on it. On June 28, 2016, one of Jacobs’ sub-distributors sold those “BUTTER”-stamped drugs to the victim, whose identity is listed in court documents as T.A. Hours later, in New Garden Township, Pennsylvania, the victim used those drugs and died from a fentanyl overdose. Toxicology records showed that T.A. had 26 ng/ml of fentanyl in her blood stream when she died. Testimony at trial showed that this was clearly a lethal amount of fentanyl.
Members of what is now the Southern Chester County Police Department worked with the Drug Enforcement Administration to investigate T.A.’s death. Law enforcement first arrested the sub-distributor who directly sold the “BUTTER”-stamped bags of fentanyl-laced heroin to T.A. Officers then recorded a conversation between that sub-distributor and Jacobs, wherein Jacobs acknowledged his involvement in distributing the “BUTTER”-stamped drugs. During the call, Jacobs also explained to his sub-distributor how people, “OD on Fentanyl” and how fentanyl and heroin were causing people to “die every day.”
“Jacobs distributed thousands of bags of heroin into our community,” said U.S. Attorney Weiss. “As his statement indicates, Jacobs was willing to accept the possibility that customers would die after using his drugs. We are not. If you knowingly sell a substance that may contain fentanyl and that substance causes death, we will hold you accountable. In this case, for the Defendant, that means he will spend the next 24 years in jail.”
“Jacobs was convicted of distributing and conspiracy to distribute fentanyl-laced heroin that resulted in the overdose death of a woman in Pennsylvania,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Illicit fentanyl has claimed thousands of lives across our region in Delaware and Pennsylvania. That Jacobs knew that fentanyl and heroin was causing people to “die every day” but sold it anyway shows his utter disregard for the members of our communities and the law. The DEA greatly appreciates the work of U.S. Attorney’s Office throughout this investigation.”
Assistant U.S. Attorneys Christopher L. de Barrena-Sarobe and Jesse S. Wenger prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 01:19-cr-094.
Drug Dealer Sentenced to 102 Months of Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Wilson Colon-Sierra, 33, of Elkton, Maryland was sentenced earlier this week in federal court in Delaware for his role in a drug trafficking conspiracy that resulted in the heroin overdose death of Jennifer Rodick of Wilmington, Delaware.
According to court documents and statements made in open court, Jennifer Rodick overdosed on a bag of heroin on January 3, 2018. After an investigation by the Drug Enforcement Administration and New Castle County Police Department, witness statements and phone location data established that Colon-Sierra had sold the bag of heroin that was ultimately used by Jennifer Rodick.
Colon-Sierra was arrested in his home in Elkton, Maryland in March 2018 in possession of over 160 grams of heroin and 82 grams of crack cocaine, which he admitted that he conspired to distribute.
Chief United States District Judge Leonard P. Stark found that Colon-Sierra’s drug conspiracy crime resulted in the death of Jennifer Rodick and that Colon-Sierra was a leader of the drug conspiracy that ultimately caused Rodick’s death. As a result, Chief Judge Stark granted a motion by the United States to enhance Colon-Sierra’s sentence because Colon-Sierra’s conduct resulted in a death, imposing a sentence of 8 ½ years in federal prison.
U.S. Attorney Weiss commented, “In the midst of the opioid epidemic, the U.S. Attorney’s Office and Drug Enforcement Administration are committed to investigating and prosecuting those who profit off of the addictions of others and put this poison on the streets of Delaware. Cases like this one are why we have created the First State Overdose Task Force. We are thankful to our federal and state partners for their hard work in investigating this case.”
“Colon-Sierra was responsible for the distribution and sale of heroin that resulted in the death of Jennifer Rodick,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “The criminal penalties for drug-traffickers like Colon-Sierra who sell and distribute dangerous drugs that result in lost lives are very severe. The DEA remains committed to pursuing the drug-traffickers that pose the greatest danger to our communities.” DEA wishes to thank the U.S. Attorney’s Office for their outstanding efforts throughout this investigation and trial.”
This case was investigated by the Drug Enforcement Administration in coordination with the New Castle County Police Department. The case was prosecuted by Assistant U.S. Attorneys Alexander P. Ibrahim and Ruth E. Mandelbaum.
Middletown Man Charged in Federal Court in Connection with Use of Incendiary Device at Newark Planned ParenthoodRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that Samuel James Gulick, 18, of Middletown, Delaware was charged today in the United States District Court for the District of Delaware in connection with utilizing an incendiary device to damage the Planned Parenthood facility in Newark, Delaware on January 3, 2020.
Gulick is charged in a three-count complaint with: (1) maliciously damaging a building used in interstate commerce through the use of fire or destructive device; (2) intentionally damaging a facility that provides reproductive health services; and (3) possession of an unregistered destructive device under the National Firearms Act.
According to court documents, at approximately 2:16 a.m. on January 3, 2020, an individual later identified as Gulick drove to the Planned Parenthood facility in Newark, Delaware. Video surveillance captured Gulick standing on the front porch of the building and spray-painting the phrase “Deus Vult” in red letters. Gulick then stepped off the front porch, lit an object and threw it at the front window of the Planned Parenthood facility. The object exploded and Gulick ran away. The fire burned for approximately one minute before self-extinguishing. The explosion damaged the front window and porch of the building. Through video surveillance, law enforcement identified a car operated by Gulick fleeing the scene. Law enforcement also identified Gulick through social media postings attributed to him, including posts containing the phrase “Deus Vult” and several anti-abortion posts. Gulick was arrested by the FBI without incident on January 4, 2020.
If convicted of the most serious offense - maliciously damaging the Planned Parenthood facility - Gulick faces a statutory minimum of five years and a maximum of 20 years in prison and a $250,000 fine. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case is being investigated by the FBI-Baltimore Division’s Wilmington Resident Agency with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Police Department, University of Delaware Police, Delaware State Police, , Delaware State Fire Marshal’s Office, and New Castle County Police Department. Assistant U.S. Attorney Adrienne C. Dedjinou is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 20-60M.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Oil Tanker Owner, Operator, and Chief Engineer Convicted for Obstruction of Justice and Concealing Deliberate PollutionRead the Press Release
Nikolaos Vastardis, Evridiki Navigation Inc., and Liquimar Tankers Management Services Inc., were convicted by a federal jury in Wilmington, Delaware, of violating the Act to Prevent Pollution from Ships, falsifying ship’s documents, obstructing a U.S. Coast Guard inspection, and making false statements to U.S. Coast Guard inspectors. The crimes were committed in order to conceal Vastardis’ deliberate bypassing of required pollution prevention equipment in order to illegally discharge oil-contaminated bilge waste overboard from the foreign-flagged oil tanker Motor Tanker (M/T) Evridiki.
“This case demonstrates that those who pollute our oceans and deliberately mislead Coast Guard officials will be brought to justice,” said Assistant Attorney General Jeffrey Bossert of the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to support the important work of the Coast Guard to deter deliberate vessel pollution.”
“The Coast Guard is committed to protecting the safety of the marine environment and our living marine resources,” said Rear Adm. Keith Smith, commander, 5th Coast Guard District. “Today’s conviction highlights our dedication to working with the Department of Justice to investigate and successfully prosecute those who violate the law and pollute our oceans and waterways.”
The M/T Evridiki was an 899 foot Liberian-flagged oil tanker owned by Evridiki Navigation and operated by Liqumar Tankers Management Services. Vastardis was the Chief Engineer of the M/T Evridiki. On March 10, 2019, the ship arrived in the Big Stone Anchorage, within Delaware Bay, for the purpose of delivering a cargo of crude oil. The following day, the ship underwent a U.S. Coast Guard inspection to determine, among other things, the vessel’s compliance with international environmental pollution prevention requirements.
The jury found that during the inspection, Evridiki, Liquimar, and Vastardis tried to deceive Coast Guard inspectors regarding the use of the ship’s oily water separator (OWS), a required pollution prevention device. Under the International Convention for the Prevention of Pollution from Ships (MARPOL), an international treaty to which the U.S. is a party, only bilge waste containing less than 15 parts per million (ppm) oil can be discharged overboard and must be first run through an OWS and oil content meter (OCM) to ensure that no waste containing more than 15 ppm oil is discharged. During the Coast Guard inspection, Vastardis operated the equipment with unmonitored valves that trapped fresh water inside the OCM’s sample line so that its oil sensor registered zero ppm instead of what was really being discharged overboard. However, historic OCM data recovered during the inspection proved that the OCM was being tricked and bypassed. When the Coast Guard opened the Evridiki’s OWS, they found it was fouled with copious amounts of oil and soot.
Each defendant was convicted of all four felony counts including knowingly failing to maintain an accurate oil record book, in violation of the Act to Prevent Pollution from Ships; obstruction of justice; obstruction of the Coast Guard’s inspection; and making a materially false statement to the Coast Guard concerning how the OWS was operated at sea.
U.S. District Court Judge Richard G. Andrews for the District of Delaware presided over the trial and will conduct sentencing on a date to be determined.
Senior Litigation Counsel Richard A. Udell and Senior Trial Attorney Kenneth E. Nelson, both with the Environmental Crimes Section of the U.S. Department of Justice, represented the government at trial. Assisting in the prosecution were Trial Attorney Joel La Bissonniere with the Environmental Crimes Section, Assistant U.S. Attorney Edmond Falgowski for the District of Delaware, and Lieutenant Commander Ben Robinson, attorney with the Coast Guard’s Office of Maritime and International Law. The Coast Guard’s Investigative Service investigated the case with assistance from the Coast Guard’s Sector Delaware Bay and Marine Safety Detachment in Lewes, Delaware.
Dover Man Who Stole Fourteen Firearms Sentenced to 51 Months in Federal PrisonRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Brandon Williams, 26, of Dover, was sentenced yesterday to 51 months in federal prison by Chief U.S. District Judge Leonard P. Stark. Williams previously pled guilty to stealing firearms from a Millsboro gun store and to the possession of a firearm by a person prohibited from possessing guns, due to Williams’ prior felony conviction in Delaware state court.
According to court documents, Williams, 26, broke into Baker’s Hardware, a federal firearm licensee, in Millsboro on May 5, 2017, and stole thirteen handguns and an AR-15-style rifle. Williams was arrested shortly after selling the stolen AR-15-style rifle in March 2019.
“The defendant’s arrest occurred almost two years after he robbed a Millsboro business and stole over a dozen firearms. Patience, perseverance and collaboration with our state and local partners made the prosecution of this gun store robbery possible. We will not stop until those who place our community at risk by trafficking in stolen firearms are brought to justice,” said U.S. Attorney Weiss.
“Offenders who steal from federally licensed gun dealers not only threaten the safety of our communities but they also victimize law-abiding businesses,” said ATF Baltimore Special Agent in Charge Rob Cekada. “A firearm in the hands of someone with criminal intentions is a dangerous situation and ATF is committed to stopping the flow of illegal firearms onto our streets.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Delaware State Police, and the Millsboro Police Department investigated this case, which was prosecuted by Assistant U.S. Attorney Jesse S. Wenger.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:19-cr-62-LPS.
Federal Jury Convicts Wilmington Doctor of 39 Counts of Opioid DistributionRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced today that on December 13, 2019, a federal jury convicted Charles Esham, a 60 year old Wilmington physician, on charges of conspiracy to distribute and distribution of oxycodone, one of the most powerful and commonly abused opioids available. United States District Judge Richard G. Andrews presided over the trial and accepted the verdict.
According to court records and evidence presented during the six-day trial, Esham issued oxycodone prescriptions to five individuals outside the course of usual professional practice and not for a legitimate purpose over the course of several years. Many of these oxycodone pills were not taken by the people to whom they were prescribed, but were instead illegally diverted and sold for profit.
U.S. Attorney Weiss stated, “In the midst of an opioid epidemic, Esham abandoned his role as a doctor and effectively handed over his prescription pad to a drug trafficking ring. The jury’s verdict serves as a warning to doctors who betray the solemn trust that our society places in them: when doctors facilitate and enable drug abuse, they must be held accountable.”
“Dr. Esham was convicted of federal drug conspiracy and distribution charges for using his DEA registration to prescribe oxycodone without any legitimate medical purpose,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “DEA Registrants like Esham who choose to engage in these criminal practices risk losing their medical license as well as criminal prosecution and a federal prison sentence.”
Esham faces a maximum penalty of 20 years in prison on each count when sentenced in April 2020. Actual sentences for federal crimes are typically less than the maximum penalties. Judge Andrews will determine Esham’s sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by DEA’s Wilmington Resident Office – Tactical Diversion Squad. Assistant U.S. Attorneys Christopher R. Howland and Dylan J. Steinberg prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 17-71-CR-RGA.
Philadelphia Man Who Sold Fentanyl That Killed Newark Man Sentenced to Twenty Years in PrisonRead the Press Release
WILMINGTON, Del. – A Philadelphia man was sentenced yesterday to 20 years in prison for distributing fentanyl that caused the death of Joel Davis, a 29-year-old Newark man.
According to court documents, Emanuel Jimenez, who is a citizen of the Dominican Republic but was living in the United States under the false identity of “Robin Cintron-Pratts,” was a large-scale heroin dealer. For several months in 2016-2017, he delivered 13,000 baggies of heroin per week to James Briggs of Wilmington. In February 2017, the defendant delivered fentanyl-laced heroin to Briggs, who sold some of those drugs to Abdoulaye Diallo, who then sold several baggies to one of Joel Davis’s friends. The friend gave four of the baggies to Joel Davis, who used them and then died as a result of fentanyl intoxication. Diallo and Briggs were separately charged. Briggs was sentenced on September 9, 2019 to ten years incarceration; Diallo was convicted and is pending sentencing.
When the defendant heard that someone had overdosed from his drugs, he explained to a customer: “You know what happens? People, they do it… they didn’t feel it like that quick, so they think the shit not good so they do it over and over. And like 20 minutes later… oh shit” “This shit happened like a couple times with me.”
According to United States Attorney David C. Weiss, “Since the introduction of fentanyl, selling heroin is like playing Russian roulette with others’ lives. As the defendant well knew, people are dying every day using the product he was selling. Today’s sentence sends an important message to heroin dealers: making a quick profit is simply not worth the prospect of spending decades in prison. This case was part of the impetus for the First State Overdose Task Force, and we will continue to aggressively investigate and prosecute people whose drugs are killing Delawareans.”
"Jimenez was a drug-trafficker who distributed thousands of bags of heroin and fentanyl weekly across Wilmington," said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration's (DEA) Philadelphia Field Division. "He was also the source of fentanyl-laced heroin bags that resulted in a fatal overdose. The DEA will continue to work with our law-enforcement partners to aggressively investigate significant drug-traffickers like Jimenez who pose a great threat to the health and safety of the citizens of Delaware."
The U.S. Attorney made the announcement after sentencing by Chief U.S. District Judge Leonard P. Stark. Before imposing sentence, the Court said, “The defendant knew that people were overdosing. It’s not a stretch to say that he knew that overdosing could mean death. And none of that stopped him, nor is there any indication that it bothered him.”
Assistant U.S. Attorney Jennifer K. Welsh prosecuted the case, which was investigated by the Drug Enforcement Agency’s First State Overdose Task Force in partnership with, among others, the New Castle County Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:17-cr-0022-1(LPS) and 1:17-cr-0023-1(LPS).
New Mexico Man Sentenced to 27 Months in Federal Prison for Making Bomb Threats to Georgetown School and WalmartRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Stephen S. Landes, 29, of Roswell, New Mexico, was sentenced on November 27, 2019, to 27 months in prison by the Honorable Richard G. Andrews, United States District Judge for the District of Delaware. Landes pled guilty in August 2019 to one count of Interstate Threats Concerning the Use of an Explosive.
According to court documents, on May 9, 2018, at approximately 1:43 p.m., Landes called the Walmart in Georgetown, Delaware from Roswell, New Mexico. Landes asked to speak with a manager. Landes impersonated a certain resident of Georgetown, Delaware and then stated that he had a bomb and a child hostage in the bathroom. Landes demanded twenty thousand ($20,000) dollars and threatened to blow-up the Walmart if he did not receive the money. Law enforcement from Georgetown Police, Delaware State Police and Delaware Natural Resources Police responded to the Walmart and evacuated the store. K9 units searched the Walmart but did not find any bomb.
A few minutes later, at approximately 1:56 p.m., Landes called Georgetown Elementary School. Landes claimed to be the same resident of Georgetown, Delaware as before and told the person who answered the phone that he had two children buried in his basement and that there was a bomb in the school. School administrators locked down the school and called 911. Law enforcement units from the Delaware State Police and the Georgetown Police Department responded to the elementary school immediately. K9 units searched the school but found no bomb or other threats.
Landes made the bomb threats for the purpose of “swatting” a Delaware resident. “Swatting” involves making hoax emergency calls in order to elicit an armed police response (e.g., from a SWAT team) to harass someone believed to be at the location of the purported emergency.
U.S. Attorney Weiss stated, “This defendant purposely targeted an elementary school because he knew that his bomb threat would cause an immediate and intense response by law enforcement. Georgetown Elementary School shares a campus with the Georgetown Kindergarten Center and Georgetown Middle School. Approximately 2,000 children were impacted by the defendant’s unconscionable actions. Children in our community deserve to attend school free from the fear and confusion caused by threats of this kind. Swatting calls also put law enforcement, the intended targets and innocent bystanders at unnecessary risk. My Office will prosecute those who engage in swatting activity to the fullest extent allowed by law and will seek sentences that reflect the seriousness of the offense.”
"Stephen Landes orchestrated an extensive, multi-faceted swatting campaign that caused a significant amount of angst, alarm, and unnecessary expenditure of limited law enforcement resources," said Special Agent in Charge Jennifer C. Boone, FBI Baltimore Field Office. "FBI Baltimore, working jointly with the Delaware State Police, the Georgetown Police Department and the Delaware United States Attorney's Office, hopes this sentence will deter others from engaging in similar criminal conduct."
"The actions of Stephen Landes exposed our community and first responders to unnecessary danger. I applaud the work of United States Attorney for the District of Delaware, Mr. Weiss, our F.B.I. partners and the Delaware State Police for their ongoing support and commitment to local law enforcement and the communities we serve," stated Georgetown Police Chief R.L. Hughes.
This case was investigated by the FBI-Baltimore Division’s Wilmington Resident Office with assistance from the Delaware State Police and was prosecuted by Assistant U.S. Attorney Adrienne Dedjinou.
United States Files Complaint against Pharmaceutical Company Gilead for Patent Infringement Related to Truvada® and Descovy® for Pre-Exposure Prophylaxis of HIVRead the Press Release
The Department of Justice announced today that the United States has filed a complaint alleging infringement by Gilead Sciences Inc. and Gilead Sciences Ireland UC (collectively, Gilead) of four U.S. patents awarded to and owned by the United States, Department of Health and Human Services (HHS). These patents cover specific drug regimens used for pre-exposure prophylaxis (commonly referred to as PrEP) that prevents HIV transmission. The complaint alleges infringement in connection with two of Gilead’s drugs, Truvada® and Descovy®, which Gilead markets for use to prevent HIV as part of the PrEP regimen.
“Gilead has received billions of dollars in revenue from HIV prevention regimens invented by HHS researchers and patented by the United States,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “This lawsuit demonstrates the Department’s commitment to protect the government’s intellectual property and hold accountable those who seek to unfairly gain from the government’s research without paying reasonable royalties as the law requires.”
“HHS recognizes Gilead’s role in selling Truvada® and Descovy® to patients for prevention of HIV. Communities have put these drugs to use in saving lives and reducing the spread of HIV,” said HHS Secretary Alex Azar II. “However, Gilead must respect the U.S. patent system, the groundbreaking work by CDC researchers, and the substantial taxpayer contributions to the development of these drugs. The complaint filed today seeks to ensure that they do.”
Starting in the early 2000’s, researchers at the Centers for Disease Control and Prevention’s (CDC) Division of HIV/AIDS Prevention invented an innovative two-drug regimens that could, for the first time, prevent people from becoming infected with HIV. These breakthrough inventions, now covered by four United States patents, demonstrated that regular prophylactic doses of a combination of two antiretroviral drugs could prevent the transmission and reproduction of the virus that causes AIDS in at-risk populations. To date, the government has spent hundreds of millions of dollars on clinical studies of these treatment regimens.
These regimens have ushered in a new era in HIV prevention and are currently a critical component of the government’s efforts to end the HIV epidemic. During the 2019 State of the Union address, President Donald J. Trump announced a new initiative entitled “Ending the HIV Epidemic: A Plan for America,” with the goal of reducing new HIV infections by 90 percent by 2030. PrEP drug regimens are an appropriate centerpiece of this initiative as clinical trials based on the patented research have shown that approximately 99 percent of at-risk persons who adhere to a once-daily PrEP regimen are protected from HIV transmission. Expanding the use of PrEP drug regimens will be a key component for preventing the spread of HIV across the United States.
Gilead manufactures, markets, and sells Truvada® and Descovy®. Gilead had originally obtained FDA approvals for those products to be used solely for treating HIV in combination with other drugs. It was only after CDC’s innovative PrEP work and subsequent human trials that Gilead sought FDA approvals for Truvada®, and more recently Descovy®, to be used as part of PrEP drug regimens to prevent HIV. Gilead now markets and sells Truvada® and Descovy® for PrEP regimens that CDC developed and patented.
Gilead has repeatedly refused to obtain a license for use of the patented drug regimens, while continuing to profit from hundreds of millions of dollars of publicly funded research. Rather than pay royalties owed to the United States, Gilead has challenged the validity of all four patents before the Patent and Trademark Office. This move contradicts the testimony of Gilead’s CEO, Daniel O’Day, before the Oversight Committee of the U.S. House of Representatives that Gilead had “chosen not to challenge [the United States’] patents because we value our collaborative relationship with the agency.” The United States maintains that all four patents were validly issued and will respond as appropriate.
This matter is being handled by the Commercial Litigation Branch, Intellectual Property Staff, of the Department of Justice’s Civil Division, with assistance from the U.S. Attorney’s Office for the District of Delaware. The claims asserted against the defendants are allegations only, and there has been no determination of liability.
Additional information about the Commercial Litigation Branch and its Intellectual Property Staff can be found at https://www.justice.gov/civil/intellectual-property-section. For more information about the U.S. Attorney’s Office for the District of Delaware, visit its website at https://www.justice.gov/usao-de. Information about Ending the HIV Epidemic: A Plan for America, can be found at https://www.hiv.gov/federal-response/ending-the-hiv-epidemic/overview.
Lewes Businessman Indicted for Federal Tax Evasion and Skimming Payroll TaxessRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Bruce Kevin Fleming of Lewes, Delaware, was indicted today in the District of Delaware on tax charges.
The indictment includes five counts of tax evasion, regarding the tax years 2012 through 2016. The counts charge that Fleming operated Kevin Fleming, Inc., and generated personal income, for which he did not file returns, and evaded the payment of taxes by diverting corporate funds to pay his personal expenses.
The indictment further charges that from on or about March 31, 2016, through September 30, 2017, Fleming conducted business through Kevin Fleming, Incorporated, a photo gallery in Lewes, Delaware and deducted and collected from the taxable wages of his employees federal income taxes and Federal Insurance Contributions Act taxes and then willfully failed to pay a total of $22,584 of those taxes over to the Internal Revenue Service.
Each of the offenses is punishable by a maximum penalty of 5 years’ incarceration, a $250,000 fine and restitution for unpaid taxes.
This case was investigated by IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Edmond Falgowski.
The charges in the Indictment are only allegations. The defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
New Castle Man Convicted After Federal Jury Trial on Child Pornography ChargesRead the Press Release
WILMINGTON, Del. – A federal jury convicted Thomas Noble, age 71, of New Castle, on October 24, 2019, on charges of possession of child pornography and attempted receipt of more child pornography.
According to court records and evidence presented at trial, on October 5, 2017, the Delaware State Police Internet Crimes Against Children Taskforce (ICAC) executed a search warrant at Noble’s home in New Castle, Delaware. When they arrived, officers found Noble's personal computer actively downloading child pornography files through a peer-to-peer file sharing network called BitTorrent. A forensic examination of Noble's computer found hundreds of files of child pornography.
Noble had previously been convicted in the State of Delaware for possessing child pornography. His term of probation for that conviction had ended less than six months before Delaware State Police executed their search warrant.
David C. Weiss, U.S. Attorney for the District of Delaware stated, “Crimes involving child sexual exploitation continue to victimize innocent children and my office will prosecute any such crimes to the fullest extent of the law.”
“Those who possess or download child pornography over the internet are a part of a troubling cycle of violence against children. The Delaware State Police ICAC Taskforce made up of the Delaware State Police, Department of Justice, and ICE’s Homeland Security Investigations work together to relentlessly investigate and prosecute these dangerous criminals to ensure child victims, our most vulnerable, are protected,” said Sergeant Richard Bratz, spokesperson for the Delaware State Police
Noble faces a mandatory minimum sentence of 15 years and a maximum sentence of 40 years in prison when sentenced on February 26, 2020. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Weiss made the announcement after Chief U.S. District Judge Leonard P. Stark accepted the verdict. Assistant U.S. Attorneys Graham L. Robinson and Alexander P. Ibrahim presented the case to the jury on behalf of the United States. The case was investigated by Delaware State Police’s ICAC Unit, with support from ICE’s Homeland Security Investigations.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 18-15-LPS.
Two International Shipping Companies Pay $1.8 Million for Failing to Notify the Coast Guard of a Hazardous Vessel Condition and Concealing Vessel Oil PollutionRead the Press Release
Two shipping companies incorporated in Liberia pled guilty today in federal court in Wilmington, Delaware, to failing to notify the U.S. Coast Guard of a hazardous condition on one if its vessels and to violating the Act to Prevent Pollution from Ships (APPS) by presenting false documents to the Coast Guard that covered up vessel oil pollution.
Jeffrey Bossert Clark, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division and David C. Weiss, U.S. Attorney for the District of Delaware announced the plea agreement. The agreement includes a $1.8 million dollar criminal penalty.
Defendants Nederland Shipping Company and Chartworld Shipping Company are the owner and operator of the 13,049 gross ton, ocean-going, refrigerated cargo/container vessel called the M/V NEDERLAND REEFER. Large ships like the M/V NEDERLAND REEFER generate oil-contaminated bilge waste when water mixes in the bottom or bilges of the ship with oil that has leaked from the ship’s engines and other areas. This waste must be processed to separate the water from the oil and other wastes by using pollution prevention equipment, including an Oily Water Separator (OWS), before being discharged into the sea. APPS requires that the disposal of the ship’s bilge waste be recorded in the ship’s Oil Record Book (ORB).
The investigation began on Feb. 21, 2019, when the Coast Guard’s Marine Safety Detachment out of Lewes, Delaware, conducted a Port State Control Examination of the M/V NEDERLAND REEFER. During the course of the inspection, the Coast Guard determined that the vessel’s Chief Engineer, Vasileios Mazarakis, had been repeatedly tricking the oil content monitoring device on the vessel’s OWS with fresh water thereby discharging untreated oily bilge water overboard at sea. Mazarakis then falsified the vessel’s ORB to conceal these illegal discharges from the Coast Guard.
On Oct. 2, 2019, Chief Engineer Vasileios Mazarakis pled guilty to a violation of the APPS for his falsification of the ORB. As part of his guilty plea, Mazarakis also admitted that he took various actions to obstruct the Coast Guard’s investigation, including destruction of evidence and witness tampering.
The Coast Guard’s investigation also determined that on Dec. 30, 2018, seawater began entering the vessel below the waterline through a hole in the vessel’s Bilge Holding Tank. This compromise of the hull’s integrity and the temporary repairs thereto, constituted a hazardous condition that Defendants failed to report to the Coast Guard.
Under the plea agreement, the companies will be placed on a four-year term of probation that includes a comprehensive environmental compliance plan to ensure, among other things, that ships operated by Chartworld entering the United States fully comply with all applicable national and international marine environmental protection laws. The compliance plan will be implemented by an independent auditing company and supervised by a court-appointed monitor.
Trial Attorneys David P. Kehoe and Stephen Da Ponte at the Environmental Crimes Section of the Department of Justice and Assistant U.S. Attorney Edmund Falgowski of the District of Delaware prosecuted the case. The case was investigated by the Coast Guard’s Investigative Service.
Newark Drug Dealer Sentenced to 5 1/2 Years in Federal Prison for Deadly HeroinRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Theophil Hollis, 30, of Newark, was sentenced on October 3, 2019 to 5 ½ years in federal prison by U.S. Chief Judge for the District of Delaware Leonard P. Stark. Hollis had previously pled guilty to two counts of possession with intent to deliver fentanyl and heroin.
According to court documents, between September 9, 2016 and December 7, 2016, Hollis sold heroin laced with fentanyl in baggies branded with the stamp “Block Party.” A 27-year old Newark man ingested the contents of one of those “Block Party” branded baggies, overdosed, and died.
“This case highlights the dangers inherent in the drug trade and the devastating consequences heroin and fentanyl have on our community,” said U.S. Attorney Weiss. “We will continue to vigorously prosecute drug dealers whose actions result in death. While the sentence in this case will never return the life that was lost, it should serve notice that drug dealers will be held accountable for the harm they inflict. We commend our law enforcement partners for their hard work and dedication in making our streets safer.”
“As U.S. Attorney Weiss noted, drug-trafficking is an inherently dangerous business for those that distribute dangerous drugs such as fentanyl and the people that use these same drugs. Hollis was convicted of distributing fentanyl that lead to the fatal overdose of another person,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “For his crimes, Hollis will now serve time in Federal prison.”
The DEA and the New Castle County Police Department investigated this case, which was prosecuted by Assistant U.S. Attorney Dan Logan.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No.17-12.
Dover Man Sentenced to over Nine Years in Federal Prison for Heroin Possession and Illegal Gun PossessionRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Kenneth Holland, 49, of Dover, was sentenced on September 23, 2019, by U.S. District Judge Maryellen Noreika to 110 months in federal prison for possessing heroin with the intent to distribute and for being a felon in possession of a firearm.
According to court documents, over the course of approximately four weeks in September and October 2018, Holland sold heroin on at least six occasions. He also illegally sold a handgun. On October 10, 2018, Holland was arrested. Law enforcement found over 10,000 baggies of heroin and an AR-15-style semi-automatic assault weapon in Holland’s car upon his arrest.
Holland’s arrest and conviction was part Operation Blue Hen—a prolonged campaign between March and September, 2018 by the ATF to remove illegal drugs and guns from Delaware cities.
In total, Operation Blue Hen resulted in
• 15 arrests;
• The seizure of 9 firearms;
• The seizure of 768 grams of crack cocaine;
• The seizure of 864 grams of methamphetamine; and
• The seizure of 37 grams of heroin.
U.S. Attorney Weiss commented on the sentence, “The Defendant repeatedly chose not only to sell heroin, but also worked to illegally arm others with firearms – including an assault rifle. The substantial sentence imposed sends the message that people who put drugs and guns onto the streets will face serious consequences for their actions.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Wilmington Field Division investigated the case with the assistance from the Dover Police Department. Assistant U.S. Attorney Jesse S. Wenger prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 18-CR-96-001-MN.
Wilmington Man Sentenced to 5 Years in Federal Prison for Dealing DrugsRead the Press Release
WILMINGTON, Del. – Subree Waterman, 38, of Wilmington, was sentenced yesterday by Chief U.S. District Judge Leonard P. Stark to five years in federal prison for distributing crack cocaine.
According to court documents, over the course of several months between March and June 2018, Waterman distributed crack on at least seven different occasions. Video of one transaction showed Waterman removing 42 grams of crack from plastic baggies, weighing the crack on a digital scale, taking $1,875 in exchange, and smiling and laughing as he counted the money.
David C. Weiss, U.S. Attorney for the District of Delaware, commented on the sentence, “The Defendant willingly chose to profit from peddling addictive, illegal drugs in our community. Today’s substantial sentence is the product of tireless work with our state and federal law enforcement partners to ensure that Delaware drug dealers face serious consequences for their actions.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Wilmington Field Division investigated the case. Assistant U.S. Attorney Christopher R. Howland prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 19-CR-22-001-LPS.
Fentanyl Dealer Sentenced to 10 Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that Christopher Hurd, 33, of Harrington, was sentenced today by the U.S. District Court Chief Judge Leonard P. Stark to 10 years in prison for his role in conspiracy to distribute furanyl fentanyl.
Between August 30, 2017 and November 9, 2017, Hurd and his co-conspirator ordered furanyl fentanyl, a powerful fentanyl analog, from China on the Dark Web. They then packaged the fentanyl into baggies which they branded with a “predator” stamp and sold the drug on the streets of Harrington, Delaware. On November 7, 2017, a woman ingested the furanyl fentanyl contained in one of those “predator” branded bags, overdosed on the drug, and died. When police executed a search warrant at Hurd’s residence, they found additional furanyl fentanyl.
Fentanyl’s high potency and unpredictable effects continue to lead to victim overdoses and deaths in record numbers in this country. A very small amount of fentanyl can be lethal. In sentencing Hurd, Chief Judge Stark spoke about the recklessness with which Hurd acted and pointed out that his drug dealing had a devastating consequence.
“We at the Department of Justice seek to reduce the supply of illegal drugs in the United States by aggressively investigating and prosecuting drug traffickers who distribute fentanyl knowing of its deadly effects,” said U.S. Attorney Weiss. “We are grateful that our state and federal law enforcement partners acted swiftly in this instance to remove this harmful drug from our community and to bring some small measure of justice to the victim’s family.”
“Hurd was convicted of distributing furanyl fentanyl, a dangerous and incredibly powerful synthetic opioid, that lead to the fatal overdose of a woman in this case,” said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “For the drug traffickers that seek to obtain and distribute these dangerous drugs, the penalties are severe.”
This case was investigated by the Drug Enforcement Administration and the Dover Police Department. It was prosecuted by Assistant U.S. Attorney Maureen McCartney.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No.18-29.
Former Banker Sentenced to 18 Months in Federal Prison for FraudRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that on Monday, September 30, 2019, District Judge Richard G. Andrews sentenced Tae Kim, age 49, of Wayne, Pennsylvania, to an 18-month prison sentence for bank fraud and conspiracy to commit bank fraud. The Court also ordered Kim to pay mandatory restitution of at least $2,459,150.49, and to serve three years of supervised release following his sentence.
Kim, a former relationship manager (loan officer) for Citibank and WSFS Bank, pleaded guilty in August 2017, to committing bank fraud in connection with loans obtained by one of his customers, Dr. Zahid Aslam. Kim’s conduct involved allowing Aslam to use third-party nominees to obtain loans on Aslam’s behalf at Citibank and WSFS Bank. These loans, which Aslam could not have otherwise qualified for on his own, fueled the growth of his medical practices. Kim acknowledged that he was responsible for additional misconduct, including: (1) submitting false information about Aslam’s available deposits at Citibank in connection with a loan application at another bank, which was eventually declined; and (2) falsifying the scope of Aslam’s liabilities in connection with multiple loans at WSFS Bank. Aslam’s loans eventually went into default. Aslam pleaded guilty, acknowledged making false statements to Citibank and WSFS Bank, and received a sentence of 30 months imprisonment.
In imposing sentence on Kim, Judge Andrews stated that “loan officers at banks are supposed to protect the bank’s interests and act as the first line of defense.” Instead, defendant Kim was “working for Dr. Aslam, not the banks, when it came to Dr. Aslam’s loans.” The Court told Kim, “This was a very rewarding relationship for you,” and that there was “a strong element of greed here.” The Court referenced Kim’s status as a banking professional in noting that a prison sentence was important to place other bankers on notice of the consequences of committing criminal conduct during their employment. As a result of his criminal conviction, Kim agreed to a bar from working in the banking industry.
U.S. Attorney Weiss stated the following, “We couldn’t agree more with the Court that banking professionals have a special responsibility to safeguard the interest of financial institutions in protecting depositor funds. Here, Mr. Kim placed greed and his own financial needs over prudent banking. His conduct resulted in significant losses to Citibank and WSFS, for which he was punished appropriately by the Court. My Office will continue to exercise vigilance in protecting the integrity of the banking system. I commend the hard work of the agents and prosecutors who helped bring Mr. Kim and Dr. Aslam to justice.”
"The FBI remains committed to working with our local, state and federal law enforcement partners in Delaware to protect our nation’s financial security, to include aggressively pursuing those who defraud our banking institutions,” said Special Agent in Charge Jennifer Boone of the FBI’s Baltimore Division. “This defendant abused his position as a loan officer and will now serve federal jail time for his fraudulent actions.”
“The IRS Criminal Investigation stands ready to partner with all law enforcement agencies to combat fraud against financial institutions,” said IRS-CI Special Agent in Charge Guy Ficco. “Those considering similar behavior should be aware of the steep penalties, which often include jail time.”
The case was investigated by the FBI Baltimore Division’s Wilmington Office and the Internal Revenue Service – Criminal Investigations Division, the Federal Housing Finance Agency – Office of Inspector General, and the Federal Deposit Insurance Commission – Office of Inspector General.
Woman Sentenced to 18 Months in Jail for 12 Year Social Security FraudRead the Press Release
WILMINGTON, Del. – A Smyrna woman was sentenced today by U.S. District Judge Maryellen Noreika to 18 months in prison for defrauding the U.S. Social Security Administration (“SSA”) of more than $175,000.
According to court documents, Deborah Vaughn, 63, spent over a decade collecting fraudulent Social Security funds intended for her deceased mother-in-law. Each month for twelve years, the SSA deposited approximately $1,100 into a bank account belonging to Vaughn’s mother-in-law. Vaughn, who was a joint-user on the bank account, fraudulently accessed and withdrew the money—knowing that her mother-in-law, the rightful beneficiary of the Social Security funds, had died in 2006. When the SSA contacted Vaughn in 2013 and again in 2018, Vaughn repeatedly lied, including pretending to be her deceased mother-in-law, to ensure that the Social Security deposits would continue.
David C. Weiss, U.S. Attorney for the District of Delaware, commented on the sentence: “By defrauding the government, Vaughn’s conduct subverted the purpose of the SSA: to provide a safety net for vulnerable individuals in our society. The Court’s sentence reflects the seriousness of fraud against the government and should serve as a warning to those inclined to lie and cheat to obtain Social Security payments they do not deserve.”
“I want to thank the U.S. Attorney’s Office for its support in bringing this individual to justice and recovering funds for Social Security,” said Gail S. Ennis, Inspector General for the Social Security Administration. “We will continue to work closely with SSA and other agencies to identify beneficiary deaths and pursue those who misuse those payments after someone dies.”
SSA’s Office of the Inspector General investigated this case; Assistant U.S. Attorney Christopher R. Howland prosecuted it.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Criminal Action No. 19-cr-63-MN.
Guilty Verdict in First Federal Overdose Death CaseRead the Press Release
WILMINGTON, Del. – This afternoon, a federal jury convicted Donte Jacobs of distributing and conspiring to distribute fentanyl-laced heroin that resulted in the death of a 26-year-old woman. Jacobs faces a mandatory minimum penalty of 20 years in prison as a result of his conviction.
According to court records and evidence presented at trial, Jacobs, of New Castle County, had a longstanding agreement to distribute heroin and/or fentanyl-laced heroin with others in the region. By the end of June 2016, Jacobs was distributing fentanyl-laced heroin packaged with a “BUTTER” stamp on it. On June 28, 2016, one of Jacobs’ sub-distributors sold those “BUTTER”- stamped drugs to the victim, whose identity is listed in court documents as T.A. Hours later, in New Garden Township, Pennsylvania, the victim used those drugs and died from a fentanyl overdose. Toxicology records showed that T.A. had 26 ng/ml of fentanyl in her blood stream when she died. Testimony at trial showed that this was clearly a lethal amount.
Members of what is now the Southern Chester County Police Department worked with the DEA to investigate T.A.’s death. They first arrested the sub-distributor who directly sold the “BUTTER” bags of fentanyl-laced heroin to T.A. Officers then recorded a conversation between that sub-distributor and Jacobs, wherein Jacobs acknowledged his involvement in distributing the “BUTTER”-stamped drugs. During the call, Jacobs also explained to his sub-distributor how people, “OD on Fentanyl” and how fentanyl and heroin were causing people to “die every day.”
United States Attorney David C. Weiss stated, “The message from this verdict is simple. If you knowingly sell a substance that may contain fentanyl and that substance causes death, we will hold you accountable. In this case, for the Defendant, that means that he will spend at least the next 20 years in jail.”
"Drug-trafficking is an inherently dangerous and risky business. This same risk will now lead Jacobs to spend at least the next 20 years of his life in federal prison," said Jonathan A. Wilson, Special Agent in Charge of the Drug Enforcement Administration's (DEA) Philadelphia Field Division. "For the drug-traffickers like Jacobs that seek to sell this poison that is destroying our communities, the penalties are severe."
At the conclusion of the trial, Jacobs also pled guilty to being a felon in possession of a firearm that was found during the course of the investigation. Sentencing for all of these offenses is currently set for January 10, 2020. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines, other statutory factors, and the applicable twenty year mandatory minimum sentence.
Assistant U.S. Attorneys Christopher L. de Barrena-Sarobe and Jesse S. Wenger prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 01:19-cr-094.
Delaware Pipe Bomber Sentenced to 105 Months of Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Mark Consiglio, 49, of Elsmere, Delaware was sentenced today in federal court in Delaware for his role in detonating a pipe bomb at a home in Elsmere, Delaware.
According to court documents and statements made in open court, Consiglio detonated a pipe bomb at his estranged wife’s residence in the early morning hours of March 12, 2018 before fleeing the scene. The pipe bomb was thrown at the living room window and bounced back after damaging the window. The pipe bomb then exploded in the front yard of the residence. Two occupants were home at the time of the pipe bomb explosion, one of whom was in the living room. Shrapnel from the explosion was found inside the living room.
After conducting a search warrant at Consiglio’s house, four more pipe bombs were recovered as well as a .38 caliber revolver; materials used to make a pipe bomb, including PVC, fuse wire, ball bearings, and gunpowder; a World War II-era flare launcher that had been modified to accept 9mm ammunition; and a book titled “CIA improvised sabotage devices” that was dog-eared to the page on “incendiary devices.” At the time he set off the pipe bomb, Consiglio was already facing state charges for threatening to kill his wife. The government’s court filings noted that Consiglio had a history of violence and threats of violence both toward his estranged wife and other members of the community.
In sentencing Consiglio to 105 months of prison, Judge Andrews noted Consiglio’s history of violence and stated, “During his entire adult life Defendant has threatened and assaulted others.” The statutory maximum sentence for the offense was 10 years of imprisonment.
U.S. Attorney Weiss commented, “The defendant’s brazen and violent act was intended to harm and terrorize. Only sheer luck prevented anyone from being injured or killed. We will continue to prosecute violent criminals to the fullest extent of the law in an effort to make our streets and communities safer. We are thankful to our federal and state partners for their hard work in investigating this case.”
“Elsmere residents deserve to live in safe neighborhoods, and we are committed to identifying, investigating, and incarcerating anyone who threatens the safety of these communities,” said ATF Special Agent in Charge Rob Cekada. “We are proud to see that the thorough work done by our Special Agents and local and state investigative partners has resulted in bringing this violent offender to justice.”
This case was investigated by the ATF Wilmington Field Office in coordination with the Office of the State Fire Marshal and the Elsmere Police Department. The U.S. Attorney’s Office also thanks the New Castle County Police Department for its assistance. The case was prosecuted by Assistant U.S. Attorney Alexander P. Ibrahim.
Largest Federal Heroin and Fentanyl-Laced Seizure in Delaware HistoryRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, unsealed two criminal complaints today charging two men with drug trafficking offenses in Delaware. Both men are detained pending further proceedings.
According to statements at the press conference and court documents, Julian Rivera-Villa, age 56, and Ricardo Perez-Guillen, age 40, of Gloucester City, New Jersey were charged in federal court in Wilmington last week in connection with sales of fentanyl-laced fake Oxycodone pills in Delaware. Perez-Guillen was arrested after selling a kilogram of heroin and 600 fake Oxycodone pills containing fentanyl in New Castle, Delaware. Rivera-Villa was arrested outside the residence he shared with Perez-Guillen in Gloucester City, New Jersey. A subsequent search of that residence yielded approximately 7 additional kilograms of heroin; 3 kilograms of cocaine; 14,000 fake Oxycodone pills that tested positive for the presence of fentanyl and over $28,000 in cash. Law enforcement also seized another 2 kilograms of heroin from a car registered to Perez-Guillen. Those kilograms of heroin were hidden in traps located behind the car’s rear seats.
The arrests and drug seizures are the result of a long-term investigation into fentanyl and heroin trafficking in Delaware by the Drug Enforcement Administration’s (“DEA”) Wilmington Resident Office Tactical Diversion Squad and High Intensity Drug Trafficking Area (“HIDTA”) Group 41. The estimated street value of the seized drugs is in excess of $1 million.
U.S. Attorney Weiss noted that this was the largest federal seizure of heroin and fake Oxycodone pills by Delaware law enforcement in recent memory, stating: “Thousands of fentanyl-laced pills and over 1.4 million doses of heroin have been taken out of the hands of those who would seek to profit from illegally distributing these poisons to our communities. Fake Oxycodone pills such as those seized here are especially dangerous, because the pills actually contain fentanyl, a dangerous—and potentially deadly—synthetic opioid.”
Both Rivera-Villa and Perez-Guillen are charged with distribution of fentanyl and face a maximum of 20 years in prison and a $1,000,000 fine. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
The DEA’s Tactical Diversion Squad and HIDTA Group 41 are comprised of investigators from Middletown Police Department, Newark Police Department, New Castle County Police Department, Delaware Alcohol & Tobacco Enforcement, Delaware State Police, Maryland State Police, Wilmington Police Department, Delaware Probation and Parole, Newport Police Department, and the University of Delaware Police Department. The case is being prosecuted by Assistant United States Attorney Alexander Ibrahim.
The DEA and the U.S. Attorney’s Office for the District of Delaware also wish to thank Homeland Security Investigations, Immigrations & Customs Enforcement, Camden, New Jersey DEA-HIDTA, and the Camden County Sherriff’s SERT team for their assistance.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case Nos 19-MJ-231 and 19-MJ-232.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Drug and Gun Dealer Carl Roy Sentenced to 9.5 Years in Federal CourtRead the Press Release
WILMINGTON, Del. – United States Attorney Davis C. Weiss announced that Carl D. Roy, 34, of Wilmington, Delaware pled guilty today to gun and drug offenses before the Honorable Maryellen Noreika, U.S. District Judge for the District of Delaware. Judge Noreika immediately sentenced Roy to 9.5 years in federal prison. Over the course of one month, in the summer of 2018, Roy sold crack cocaine, heroin and four firearms to confidential informants as a part of a sting operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Roy’s arrest and conviction was part Operation Blue Hen—a prolonged campaign between March and September, 2018 by the ATF to remove illegal drugs and guns from the City of Wilmington.
In total, Operation Blue Hen resulted in:
• 15 arrests;
• The seizure of 9 firearms;
• The seizure of 768 grams of crack cocaine;
• The seizure of 864 grams of methamphetamine; and
• The seizure of 37 grams of heroin.
U.S. Attorney Weiss stated, “The Defendant’s conduct in this case—trafficking in drugs and guns —put our community at risk. We will work tirelessly with our state and federal law enforcement partners to prosecute felons who illegally sell guns on the street—particularly when those firearms are used by dealers to further their illegal drug trade. I want to thank ATF for their continued commitment to rid our city of guns and drugs.”
Rob Cekada, ATF Special Agent in Charge, stated, “This defendant routinely, illegally sold drugs and firearms thereby posing a threat to the safety of Wilmington’s citizens. ATF is determined to identify, investigate, and incarcerate anyone using firearms to commit violent crime. Our strong partnerships with local and state law enforcement, as well as the U.S. Attorney’s Office, ensures that targeted operations like Blue Hen are successful and result in federal time for these offenders.”
Wilmington Police Chief Robert J. Tracy said, “The results of this operation illustrate the importance of the close working relationships we have with our local, state and federal law enforcement partners, and how critical these collaborations are as we work collectively to make our communities safer.”
The investigation was led by the ATF Baltimore Field Division’s Wilmington Field Office, with assistance from the Wilmington Police Department and Delaware State Police. The case was prosecuted by Assistant U.S. Attorneys Adrienne Dedjinou and Christopher de Barrena-Sarobe. A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware.
Delaware Businessman Sentenced to Federal Prison in Multi-Million Dollar Ponzi SchemeRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that Carl Chen, owner of Chenmax Properties, Inc., a Delaware Real Estate Investment Trust, and part-owner of Re/Max Sunvest Realty Co., was sentenced today in federal court in Delaware to 51 months in prison. Chen pled guilty in March 2019 to wire fraud emanating out of a multi-year Ponzi scheme he orchestrated.
According to court documents and statements made at the hearing, Chen operated Chenmax Properties since 1997, soliciting large real estate investments from his real-estate clients and others. Chen promised his investors guaranteed interest and a full return of their principal payments. However, by 2013, Chen’s business was losing money, and Chen began diverting newly invested funds to pay prior investors.
The government calculated that Chen fraudulently collected at least $3.32 million in investments from twenty different victims between 2013 and 2017. In October 2017, Chen declared bankruptcy in the United States Bankruptcy Court for the District of Delaware, seeking to discharge $6.738 million of debt he owed to investors, including the victims of his fraud.
United States District Judge Richard G. Andrews, who sentenced Chen, noted that the case was “One of the most horrendous white collar offenses that I remember seeing.”
Victims at the sentencing hearing described how Chen solicited hundreds of thousands of dollars in investments from them on multiple occasions, claiming that the investments were for real estate ventures. In actuality, the money investors paid Chen was immediately used to pay off other investors or for Chen’s personal expenses.
U.S. Attorney Weiss commented that “Chen brazenly defrauded innocent Delaware residents, and others, who believed his promises and trusted him to handle their financial security. While this sentence cannot repair the breach of trust, it sends a strong message that my office will prosecute these fraud crimes and seek substantial prison terms for anyone who, like Chen, carries out a large-scale fraud against unsuspecting victims.”
"The effects of this type of fraud can be devastating to the victims. As a result of this scheme, several hardworking people were victimized and lost significant amounts of their life savings," said Jennifer Boone, Special Agent in Charge of the FBI Baltimore Office. "The FBI in Delaware and our partners will continue to vigorously investigate these crimes and hold accountable anyone who takes advantage of unsuspecting victims in order to enrich themselves."
This case was investigated by the FBI Baltimore Division’s Wilmington Office and the Office of the U.S. Trustee and was prosecuted by Assistant U.S. Attorney Alexander P. Ibrahim and Special Assistant U.S. Attorney Hannah McCollum.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:19-cr-00015.
Maryland Woman Indicted for FraudRead the Press Release
WILMINGTON, Del. – A federal grand jury returned an indictment on August 15, 2019, charging a resident of Port Deposit, Maryland with one count of wire fraud.
According to the indictment, Kimberly Sponaugle, 41, engaged in a scheme to defraud her former employer, a Newark, Delaware business referenced as Company A in the indictment. Sponaugle, who was the business’s office manager from 2005 – 2010 and the business’s director from 2010 through her termination in 2018, used a corporate credit card to make approximately $322,652.00 in unauthorized, personal purchases from January of 2012, through March of 2018. Sponaugle used funds from the business’s bank account to pay corporate credit card bills associated with those personal purchases and hid her fraud by making false entries in the business’s financial accounting system. Through this scheme, Sponaugle used the business’s funds without authorization to purchase, among other items, vacations, jewelry, and limousine services, as well as to make personal charitable contributions using the corporate credit card.
If convicted of wire fraud, Sponaugle faces a maximum penalty of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
David C. Weiss, U.S. Attorney for the District of Delaware, made the announcement and gave the following comment: “The defendant abused her employers’ trust and repeatedly diverted corporate funds for her own personal use through a years-long scheme. My office is committed to investigating and prosecuting fraudulent conduct, like the defendant’s, that hurts Delaware businesses.”
The case was investigated by the FBI Baltimore Division’s Wilmington Office and the Delaware State Police and is being prosecuted by Assistant U.S. Attorney Carly A. Hudson.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
New Mexico Man Pleads Guilty in Federal Court to Making Bomb Threats to Georgetown TargetsRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that Stephen S. Landes, 29, of Roswell, New Mexico, pled guilty today to making interstate bomb threats, before the Honorable Richard G. Andrews, United States District Judge for the District of Delaware. In May 2018, Landes made bomb threats to the Walmart and the Georgetown Elementary School, both in Georgetown, Delaware for the purpose of “swatting” a Delaware resident. “Swatting” involves making hoax emergency calls in order to elicit an armed police response (e.g., from a SWAT team) to harass someone believed to be at the location of the purported emergency. Landes’ sentencing is scheduled for November 27, 2019. Landes faces a maximum penalty of 10 years imprisonment.
According to court documents and statements made in open court, on May 9, 2018, at approximately 1:43 p.m., Landes called the Walmart in Georgetown, Delaware from Roswell, New Mexico. Landes asked to speak with a manager. Landes impersonated a certain resident of Georgetown, Delaware and then stated that he had a bomb and a child hostage in the bathroom. Landes demanded twenty thousand ($20,000) dollars and threatened to blow-up the Walmart if he did not receive the money. Law enforcement from Georgetown Police, Delaware State Police and Delaware Natural Resources Police responded to the Walmart and evacuated the store. K9 units searched the Walmart but did not find any bomb.
A few minutes later, at approximately 1:56 p.m., Landes called Georgetown Elementary School. Landes again claimed to be a certain resident of Georgetown, Delaware and told the person who answered the phone that he had two children buried in his basement and that there was a bomb in the school. School administrators locked down the school and called 911. Law enforcement units from the Delaware State Police and the Georgetown Police Department responded to the elementary school immediately. K9 units searched the school but found no bomb or other threats.
U.S. Attorney Weiss stated, “Bomb threats and swatting calls, especially to schools and highly trafficked retail stores, are designed to cause intense fear. They also necessitate an immediate response from law enforcement, diverting the limited resources of local law enforcement and emergency service agencies away from true emergencies where these agencies are critical to the health and safety of our communities. When these violent threats are directed towards an elementary school, they have a particularly lasting psychological impact on members of our community. My office will vigorously prosecute those who engage in bomb threats, swatting calls and other similar terroristic activity.”
Georgetown Police Chief R.L. Hughes stated, “Stephen Landes’ actions exposed our children and community to fear and a real potential for injury. I am proud of the professional response of our police officers and the exceptional investigation and prosecution by our state and federal partners.”
This case was investigated by the FBI-Baltimore Division’s Wilmington Office with assistance from the Georgetown Police Department and the Delaware State Police and is being prosecuted by Assistant U.S. Attorney Adrienne Dedjinou.
Delaware Man Pleads Guilty to Defrauding Federally-Funded Job Placement Program in Wire Fraud CaseRead the Press Release
WILMINGTON, Del. David C. Weiss, United States Attorney for the District of Delaware, announced today that William A. Brown (“Brown”) pled guilty in federal court today to a charge of wire fraud. Brown’s sentencing is scheduled for December 4, 2019 at 9:00 a.m. before the Honorable Leonard P. Stark, United States District Judge for the District of Delaware. Brown faces a maximum penalty of 20 years of imprisonment.
According to court documents and statements made in court, Brown, age 51, of Felton, Delaware, was previously a job placement counselor at Connections Community Support Programs, Inc. (“Connections”). During 2015 and 2016, Connections contracted with the Delaware Division of Vocational Rehabilitation (“DVR”) to help that organization provide employment counseling and job placement services to individuals recovering from drug and alcohol addiction. The federal Workforce Innovation and Opportunity Act provides funding for DVR and sets programmatic goals; DVR receives 80% of its funding through federal government programs.
As part of a multi-year fraud on DVR, Brown submitted falsified client paperwork and created bogus client paystubs so that DVR would pay Connections for completed client services. By submitting over thirty false documents over a two-year period, Brown not only caused the payment of excess funds to Connections, he made Connections’ services appear more successful than they actually were and so improved his own job security.
U.S. Attorney Weiss stated, “The U.S. Attorney’s Office is committed to helping our investigative partners target fraud like that committed by the defendant. The mission of Delaware’s DVR is to enhance employment opportunities for individuals recovering from addiction. By falsifying client paperwork, the defendant improved his own employment position at Connections at the expense of recovering individuals in need of legitimate employment assistance.”
“The FBI takes our responsibility to investigate and pursue those who commit fraud for personal gain very seriously," said Special Agent in Charge Jennifer C. Boone of the FBI’s Baltimore Division. "We will continue working with our Delaware law enforcement partners to hold accountable those who use illegal means and criminal behavior to take advantage of others.”
Today’s guilty plea shows that Mr. Brown knowingly and willfully abused his position of trust at the expense of America’s taxpayers and the clients he promised to serve – those individuals recovering from addiction” said Geoffrey Wood, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Eastern Regional Office. “I’m proud of the work of OIG Special Agents our law enforcement colleagues for their work in this matter and for holding Mr. Brown accountable for his criminal actions.”
“The U.S. Department of Labor Office of Inspector General is committed to investigating allegations of fraud related to the Workforce Innovation and Opportunity Act. We will continue to work with our law enforcement partners to protect the integrity of services designed to strengthen and improve America’s workforce,” said Marc Walker, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
This case is the result of an investigation conducted by the FBI-Baltimore Division’s Wilmington Office, U.S. Department of Education Office of the Inspector General, and the U.S. Department of Labor Office of the Inspector General. The prosecution was handled by Assistant U.S. Attorney Whitney Cloud.
Armed Robber Sentenced to 18 Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that today United States District Judge Colm F. Connolly sentenced Tyree Miller, 20, of Wilmington, to 18 years in federal prison for his role in a series of violent robberies and a demand note bank robbery.
Between August 2, 2018 and August 16, 2018, Miller, along with two separately charged co-conspirators, Fabian Rampersant Evans and D’Andre Dereck Whittle, both of Wilmington, committed six armed commercial robberies and one demand note bank robbery in Wilmington, Newport, and Hockessin, Delaware. In each of the commercial robberies, Miller entered the store armed with a firearm and demanded money. In one of the robberies, Miller struck a customer in the head with the firearm before pulling the trigger of the firearm while it was pointed at the face of the clerk. In three of the robberies he “racked” the gun as he was approaching the store clerks. In the bank robbery, Miller handed a note to the teller which instructed that, if Miller got what he wanted, nobody would die.
In sentencing the defendant, Judge Connolly spoke about the level of violence involved in the offenses and pointed out the degree of recklessness displayed by the defendant. Judge Connolly also discussed at length how the defendant’s years of marijuana use impaired his judgment and contributed to his behavior.
U.S. Attorney Weiss commented, “The investigation, arrest, and successful prosecution of Miller and his two co-conspirators demonstrates effective inter-agency collaboration. Thanks to the extraordinary efforts of the Delaware State Police and the FBI a repeat, violent offender has been removed from the Delaware communities in which he committed his crimes. The U.S. Attorney’s Office truly appreciates the federal, state and local partnerships which made this case possible and continue to make our communities safer.”
"When anyone enters a business or a bank with the intention on robbing it, especially while armed with a firearm, there is always a chance someone could get injured or worse," said Jennifer C. Boone, Special Agent in Charge of the Baltimore FBI. "The FBI in Delaware is committed to working closely with all of our law enforcement partners to remove violent criminals from their neighborhoods.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case was investigated by the FBI-Baltimore Division’s Wilmington Office in collaboration with the Delaware State Police. It is being prosecuted by Assistant U.S. Attorney Maureen McCartney.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No.18-89.
Eric "Buterico" Lloyd Captured in PhiladelphiaRead the Press Release
WILMINGTON, Del. – Eric Lloyd was captured just before midnight on July 3, 2019 by the United States Marshals Service (“USMS”) Fugitive Taskforce and the Federal Bureau of Investigation (“FBI”), in Philadelphia, Pennsylvania. Lloyd was convicted of racketeering, money laundering, and related charges after a trial in New Castle County Superior Court in June of 2019. Lloyd was released on bail during the trial. He became a fugitive after he fled while the jury was deliberating and a warrant was issued for his arrest after the jury found him guilty.
Lloyd’s apprehension was the result of a collaborative effort between the USMS and FBI. The USMS was also assisted by the United States Attorney’s Office and the Delaware Department of Justice. The USMS Fugitive Taskforce is staffed by a number of local agencies, including the Wilmington Police Department. Lloyd is expected to appear in Federal Court on Friday, July 5, 2019, for an initial appearance related to a violation of his federal supervised release. Afterwards, he will likely be turned over to state custody to be sentenced for his latest convictions.
Michael McGowan, U.S. Marshal for the District of Delaware, stated, “This arrest is another great example of the collaborative efforts of our federal, state and local law enforcement partners. Investigators worked tirelessly to ensure jurisdictional lines did not impede the capture of this dangerous fugitive.”
U.S. Attorney Weiss stated, “The USMS and the FBI should be commended for the capture of Mr. Lloyd. The Marshals work relentlessly to apprehend priority fugitives for every law enforcement agency in Delaware, and this is the latest example of their dedication to bringing brazen criminals like Mr. Lloyd to justice.”
Repeat Cocaine Kingpin Robert Shepherd Sentenced to 13 Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – A Philadelphia drug trafficker with ties to Wilmington was sentenced by Chief U.S. District Judge Leonard P. Stark on Wednesday, June 26, 2019, to 13 years in prison for conspiring to distribute cocaine. According to court documents and statements made in open court, defendant Robert Shepherd, III, 43, originally from Wilmington, lived an extravagant lifestyle in Philadelphia funded by trafficking cocaine. Shepherd sent kilogram quantities of that cocaine to co-defendant Brian Wilson in Wilmington, Delaware.
Shepherd’s conviction is the result of a long-term New Castle County High Intensity Drug Trafficking Area (“HIDTA”) investigation spearheaded by the FBI Delaware Violent Crime Safe Streets Taskforce. Investigators seized four firearms, over five kilograms of cocaine, and roughly 150 grams of heroin as part of the case. This was Shepherd’s second federal drug conviction. The defendant was sentenced in 2010 for his leading role in distributing over 100 kilograms of cocaine in Philadelphia and Wilmington. Shepherd was under supervision by the federal court at the time that he committed this second drug trafficking offense.
U.S. Attorney Weiss stated, “Robert Shepherd has made a career off the suffering of Delawareans addicted to illegal drugs. The Court’s sentence demonstrates that large scale traffickers will be punished significantly for their crimes. My office will continue to work with our law enforcement partners to ensure that career drug traffickers like Mr. Shepherd are brought to justice.”
Assistant U.S. Attorney Christopher L. de Barrena-Sarobe prosecuted the case. The FBI was assisted in this case by Wilmington Police Department and the Delaware Attorney General’s Office.
The FBI Delaware Violent Crime Safe Streets Taskforce is a part of the New Castle County HIDTA, comprised of the Delaware State Police, Delaware Department of Probation and Parole, New Castle County Police Department, University of Delaware Police Department, and Wilmington Police Department.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District of Delaware for the District of Delaware or on PACER by searching for Case No. 1:16-cr-00093.
Delaware Federal Trial Team Honored for Landmark Cyberstalking Resulting in Death ProsecutionRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that the U.S. Department of Justice honored the trial team which prosecuted the country’s first cyberstalking resulting in death case by awarding them the prestigious Director’s Award for Superior Performance by a Litigative Team on June 20, 2019. Five employees of the U.S. Attorney’s Office (USAO) for the District of Delaware, together with their investigative counterparts from the Federal Bureau of Investigation and Delaware State Police were among ten trial teams nationwide so recognized at the 35th Executive Office for U.S. Attorneys (EOUSA) Director’s Awards Ceremony in Washington, D.C.
The award was the result of the team’s work in United States v. Matusiewicz, et al. tried in U.S. District Court for the District of Delaware. The prosecution team honorees, from top to bottom in the photo, are:
- Shawn A. Weede, Criminal Chief, USAO
- Millard Greer, Lieutenant, Delaware State Police
- Joseph P. Gordon, Supervisory Senior Resident Agent, FBI
- Edward J. McAndrew, former Assistant U.S. Attorney, USAO
- Jamie M. McCall, Assistant U.S. Attorney, USAO
- Christine C. Oliver, Special Agent, FBI
- Susan P. Alfree, Victim/Witness Coordinator, USAO
- Sherry Kaminski, Legal Assistant, USAO
- Barbara Lotharp, Litigation Support Specialist, USAO
On the morning of February 11, 2013, the lobby of the New Castle County Courthouse in Wilmington, Delaware became a shooting gallery as Thomas Matusiewicz – the husband of Defendant Lenore and the father of Defendants David and Amy – shot and killed his former daughter-in-law, Christine Belford, and her friend, Laura “Beth” Mulford. Thomas also shot two Capitol Police officers, who were providing security at the courthouse, before taking his own life. This brutal criminal act touched off a lengthy investigation, which uncovered evidence of Defendants’ three-year stalking campaign designed to psychologically torture and intimidate Ms. Belford – the mother of David Matusiewicz’s three biological children. Among other things, Defendants publicly and falsely accused Ms. Belford of sexually molesting her own children and utilized third parties to keep her under constant surveillance. These actions led Ms. Belford and her family to live in a constant state of fear, and ultimately resulted in Ms. Belford’s death.
Following a five-week trial in the summer of 2015, where the government called approximately 70 witnesses and admitted over 700 trial exhibits, Defendants were convicted on all charges, including cyberstalking resulting in death. Each Defendant was sentenced to life imprisonment, and on appeal the Court of Appeals for the Third Circuit upheld their convictions in a sweeping precedential opinion.
U.S. Attorney David C. Weiss commented, “Cyberstalking is a form of psychological terror that deeply impacts its victims, and the Matusiewicz cyberstalking prosecution was a watershed case of national importance. I am proud to offer congratulations to the entire trial team for winning the Director’s Award for Superior Performance by a Litigative Team. This award is among the most prestigious and competitive awards given by the U.S. Department of Justice, and is the only award that includes those who have left federal government service. The long-term commitment and personal partnerships required to successfully prosecute the Matusiewicz family represent the best of Delaware law enforcement. We truly value these relationships.
While the Matusiewicz case was the first of its kind, our commitment to the victims of online terror campaigns continues. Individuals who engage in cyberstalking are on notice that the U.S. Department of Justice will continue such prosecutions to the fullest extent of the law.”
Wilmington Drug Trafficker Sentenced to 130 Months in Federal PrisonRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced today that U.S. District Court Judge Maryellen Noreika sentenced a Wilmington drug trafficker to 130 months in federal prison for gun and drug offenses committed in Delaware.
According to court documents, Hakim Mowbray, 38, of Wilmington, was arrested in April of 2018 while in possession of a handgun and 60 grams of crack cocaine. This was Mowbray’s third conviction for illegal firearm possession; he was previously convicted of state gun charges in Delaware and federal gun charges in Virginia. After Mowbray’s arrest, law enforcement officials searched his Wilmington home, finding additional powder and crack cocaine, cutting agents, and a press used to repackage kilograms of cocaine.
Commenting on today’s proceedings, U.S. Attorney Weiss noted, “Today’s sentence appropriately reflects the danger that those who use firearms to further their drug sales present to our community. This office will continue to work with the DEA and DSP to investigate and prosecute repeat offenders like Mr. Mowbray.”
Mowbray’s conviction is the result of an investigation spearheaded by the Drug Enforcement Administration (“DEA”) Wilmington Group 41 and members of the Delaware State Police (“DSP”) Governor’s Task Force. DEA Group 41 is a part of the New Castle County HIDTA, and comprised of the officers from Delaware State Police, Delaware Department of Probation and Parole, New Castle County Police Department, Newark Police Department, Wilmington Police Department and the Department of Homeland Security.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:18-cr-00069.
Georgetown Man Indicted by Federal Grand Jury for SwattingRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that a federal grand jury charged Rodney Phipps, 29, of Georgetown, with harassing individuals across the country by telephone, through a process known as “swatting.” “Swatting” involves making hoax emergency calls in order to elicit an armed police response (e.g., from a SWAT team) for the purpose of harassing someone believed to be at the location of the purported emergency.
According to allegations in the Indictment, from in or around August 2015 through August 2017, Phipps placed swatting calls from Delaware to police departments and emergency dispatch centers across the country, including calls to Harrison, New Jersey; Opelousas, Louisiana; Russel County, Kentucky; Pasco County, Florida; and Forsyth County, Georgia. Those swatting calls included false reports that murder, shooting incidents, arson, and a hostage situation had taken place or would take place.
Many of the calls also contained explicit threats that the caller would shoot with a firearm any law enforcement personnel who responded to the emergency call. In several instances, those hoax calls provoked significant law enforcement responses to the purported victim’s residences.
The Indictment charges Phipps with five counts of making interstate threats and one count of making a false threat involving explosives. The interstate threat charges carry a five-year maximum term of imprisonment. The false threat involving explosives charge carries a ten-year maximum term of imprisonment.
U.S. Attorney Weiss stated, “Swatting phone calls have the potential to put the lives of law enforcement officers, the intended victim, and innocent bystanders at risk. Responding to such calls also misdirects resources from local law enforcement and emergency service agencies that could have been used for legitimate emergencies. My office will prosecute those who engage in swatting activity to the fullest extent allowed by law.”
"As alleged, Mr. Phipps orchestrated an extensive, multi-faceted swatting campaign that caused a significant amount of angst, alarm, and unnecessary expenditure of limited law enforcement resources," said Special Agent in Charge Jennifer C. Boone, FBI Baltimore Field Office. "The FBI Baltimore Cyber Task Force, working jointly with the Delaware State Police - Troop 4, the Georgetown Delaware Police Department, and the Delaware United States Attorney's Office hope this arrest will deter others from engaging in similar criminal conduct."
This case is being investigated by FBI-Baltimore Division’s Wilmington Office and is being prosecuted by Assistant U.S. Attorney Jesse S. Wenger.
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.
Former Delaware Physician Sentenced to 30 Months Imprisonment for Making A False Statement to A Financial InstitutionRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced today that on Friday, May 31, 2019, District Judge Richard G. Andrews sentenced Zahid Aslam, age 46, of Newark, Delaware, to a 30-month prison sentence for making a false statement to a financial institution. The Court also ordered Aslam to serve three years of supervised release following his sentence.
Aslam, a former physician with practices in Delaware, Maryland, and Pennsylvania, previously pleaded guilty in November 2018 to using third-party nominee borrowers to obtain loans on his behalf at two different financial institutions. These loans, which Aslam could not have otherwise qualified for on his own, fueled the growth of his medical practices. At the time of his guilty plea, Aslam and two of his health care entities entered into a separate $3,070,000 civil settlement to resolve health care fraud allegations. One of those entities also pleaded guilty to criminal health care fraud and paid a $100,000 fine.
As a result of his criminal conviction and the civil settlement, Aslam surrendered his medical licenses and has been barred from billing federal healthcare programs. As a non-citizen, Aslam is also subject to removal by immigration authorities.
U.S. Attorney Weiss stated the following, “The Court’s sentence is the culmination of the multi-year investigation and prosecution of former physician Zahid Aslam and his health care entities relating to bank fraud and health care fraud. My Office and our law enforcement partners previously announced a $3,070,000 settlement, as well as a separate corporate guilty plea, to resolve the health care fraud portion of the investigation in November 2018. Today’s sentencing concludes the bank fraud aspect of the investigation. Lying to banks regarding the actual person who is receiving loan proceeds is a serious offense. Here, Aslam acknowledged that he caused over $1,000,000 in losses relating to his fraudulent conduct. The 30-month sentence appropriately punishes Aslam for his offense and sends a strong message that committing bank fraud will result in a lengthy term of imprisonment. My Office remains steadfast in prosecuting criminal conduct that impacts the integrity of our financial system.”
"The FBI in Wilmington will vigorously investigate all forms of financial crimes and this sentence indicates those intent on corrupting our economy will be identified and brought to justice," said Jennifer L. Moore, Acting Special Agent in Charge of the FBI Baltimore Office. "Our job is to protect victims who don't see these crimes occurring, but who always end up paying the price."
“We are diligent in unraveling the fraudulent actions of those, such as Zahid Aslam, who scheme to defraud financial institutions,” said IRS-Criminal Investigation Special Agent in Charge Guy Ficco. “This sentence is a reminder that we will vigorously investigate and bring to justice those who engage in these illegal activities.”
“The exclusion of Dr. Aslam from all Federal healthcare programs demonstrates our commitment to hold bad actors accountable," said Maureen Dixon, Special Agent in Charge of the Philadelphia Regional Office for the Department of Health & Human Services Office of Inspector General. "We will continue to investigate and disrupt attempts to undermine healthcare programs.”
This case was prosecuted by Assistant U.S. Attorney Robert F. Kravetz and was investigated by FBI Baltimore Division’s Wilmington Office, the Department of Health and Human Services Office of Inspector General, and the Internal Revenue Service –Criminal Investigations Division. Those agencies also received investigative assistance from the State of Delaware Medicaid Fraud Control Unit, the State of Maryland Medicaid Fraud Control Unit, Federal Housing Finance Agency – Office of Inspector General, and the Special Inspector General of the Troubled Asset Relief Program.
Maryland Man Sentenced to 5 Years Imprisonment in Federal Bank Fraud CaseRead the Press Release
WILMINGTON, Del. – David C. Weiss, United States Attorney for the District of Delaware, announced that William Cook, age 63, of Berlin, Maryland was sentenced today by U.S. District Court Judge Colm F. Connolly to five years of imprisonment on federal bank fraud, false statement, and money laundering charges.
After a five-day trial in January, 2019, a federal jury found Cook guilty of bank fraud, four counts of false statements to Artisans’ Bank, and money laundering. According to evidence introduced and arguments presented during trial and at sentencing, Cook opened a business line of credit with Delaware-based Artisans’ Bank beginning in 2008. As part of his loan agreement, Cook submitted weekly certificates to Artisans’ Bank certifying open customer debts; Artisans’ Bank used these certificates to determine how much money it was willing to lend Cook’s business. Cook began falsifying these certificates in or around January 2009, which allowed him to access more money from Artisans’ Bank. His weekly fraud continued through May 2013. During this time, Cook used the money lent to his business by Artisans’ Bank for purposes not permitted under his loan agreement. When Artisans’ Bank learned of the fraud in July 2013, Cook had no money left to pay the $4.2 million that was still outstanding on his business loans. As part of its sentence, the Court ordered Cook to pay Artisans’ Bank the full $4.2 million in restitution, because Artisans’ Bank’s loss was caused by Cook’s fraud.
U.S. Attorney Weiss said, “The defendant lied to a local Delaware bank on a weekly basis so that he could use its money as he saw fit, and in a manner contrary to the terms of the loan agreement. As a result of his four-year fraud, Artisans’ Bank lost $4.2 million. Cook violated the trust required for lending arrangements to succeed - both for banks and the small businesses they support. My office remains committed to investigating and prosecuting fraudulent conduct, like defendant’s, that damages the integrity of our financial system. Because the money a bank lends belongs to its depositors, we cannot ignore conduct that places those funds at risk and the people who think the rules simply do not apply to them. The Court’s five-year sentence today rightly punishes the defendant for his long-term fraud.”
Acting U.S. Postal Inspector-in-Charge of the Philadelphia Division, John Walker said, “We will continue to work with our partners at the IRS, and the U.S. Attorney's Office to combat this type of financial fraud. Postal Inspectors work diligently to protect financial institutions from falling victim to these types of schemes. In the end, these schemes negatively impact all of us.”
“IRS Criminal Investigation is committed to using our forensic accounting skills to help unravel complex fraud and money laundering schemes,” said IRS-CI Special Agent in Charge Guy Ficco. “We are proud to work with our law enforcement partners to investigate and prosecute individuals who attempt to enrich themselves by fraudulent means, and to help put a stop to this and other types of white collar crime."
This case was investigated by the U.S. Postal Inspection Service and the IRS-Criminal Investigation. It was prosecuted by Assistant U.S. Attorneys Whitney Cloud and Lesley F. Wolf.