Western District of Michigan
Press releases recorded for this federal judicial district.
Two Nigerian Men Extradited to the United States After Being Indicted for International Sexual Extortion RingRead the Press Release
Initial appearance Monday, defendants previously indicted for causing death of Marquette teen
MARQUETTE, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Samuel Ogoshi, 22, and Samson Ogoshi, 20, of Lagos, Nigeria, have been extradited to the United States from Nigeria to face prosecution after being indicted in May 2023, for sexually extorting numerous young men and teenage boys in the Western District of Michigan and across the United States. Samuel Ogoshi was also charged with causing the death of 17-year-old Jordan DeMay, of Marquette, Michigan, who was found dead from a self-inflicted gunshot wound in March 2022.
“Sextortion is a horrible crime,” said U.S. Attorney Mark Totten. “To those who commit these crimes: we will pursue you around the world. And to those who are victims: please know we stand ready to help you.” U.S. Attorney Totten continued: “I am extremely pleased with how swiftly extradition efforts moved forward and am grateful to the FBI and our Nigerian law enforcement partners for their unyielding work to secure justice in this international sexual exploitation investigation.”
“Financial sextortion is a global crisis that impacts teens in our country and around the world,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “As this case demonstrates, the FBI is committed to working closely with our domestic and international law enforcement partners to prevent young men and women from becoming victims of this tragic crime.”
It’s anticipated that the extradited defendants’ initial appearance will take place Monday afternoon at the federal courthouse in Grand Rapids at a time to be determined by the court. Nigerian authorities arrested Samuel and Samson Ogoshi in Nigeria in January 2023, at the request of the United States. Nigerian prosecutors managed the extradition proceedings, on behalf of the United States. On July 20, the Honorable Justice B.F.M. Nyako ordered both Ogoshis to be turned over to the United States to face the charges in the indictment. On August 3, B.E. Jedy Agba, the Solicitor-General of the Nigerian Federation, signed the final surrender order, authorizing the United States to bring the Ogoshis to West Michigan.
Overview of Federal Charges
Click here for a copy of the May 2023 indictment
In May 2023, Samuel Ogoshi and Samson Ogoshi were charged in a four-count indictment: Count 1 charges Samuel Ogoshi with Sexual Exploitation and Attempted Sexual Exploitation of a Minor Resulting in Death in association with the death of Jordan DeMay. The charge carries a maximum penalty of life in prison and a statutory mandatory minimum of 30 years in prison. Count 2 charges both men with Conspiracy to Sexually Exploit Minors by causing the minors to produce child pornographic images that the defendants then used to blackmail the minors. The charge carries a maximum penalty of 30 years in prison and a mandatory minimum of 15 years in prison. Count 3 charges both men with Conspiracy to Distribute Child Pornography for sending the child pornography images to the minors, as well as their families and friends. The charge carries a maximum penalty of 20 years in prison and a mandatory minimum penalty of five years in prison. Count 4 charges both men with Conspiracy to Commit Stalking Through the Internet for engaging in this sextortion scheme as it relates to both minors and young adults. The charge has a maximum penalty of five years in prison. All charges have provisions for fines, restitution, and supervised release after their release from prison.
The grand jury alleges that the defendants bought hacked social media accounts and used the accounts to pose as young women to lure teenage and young adult males into sexual chats. One of the accounts used was an Instagram account bearing the username “dani.robertts”, which communicated with Jordan DeMay shortly before his death. After initiating chat conversations with the victims, the defendants simultaneously used Google and other online applications to research information about the victims, including where the victims lived, where they went to school or worked, and who their family and friends were.
The grand jury alleges that the defendants then solicited their victims to produce and send sexually explicit images of themselves. Once the defendants received sexually explicit images, they created collages that included the sexually explicit image alongside other images of the victims from social media, including images of the victims’ school, family, and friends. The defendants then threatened to disclose the collages to others, including the family, friends, and classmates, of their victims via social media unless the victims paid money. The grand jury alleges the defendants engaged in this extortion and attempted extortion of more than 100 people.
The extradition of the third defendant, Ezekial Ejehem Robert, is still pending.
Coordination with Nigerian Law Enforcement
Earlier this year, agents from FBI Michigan travelled to Nigeria to conduct a cooperative investigation with Nigerian law enforcement officials. The U.S. Department of Justice’s Office of International Affairs (OIA), worked with the U.S. Attorney’s Office to prepare a request for provisional arrest, with a view toward extradition, of Samuel Ogoshi, Samson Ogoshi and Ezekiel Robert. OIA, together with the U.S. Department of State, transmitted the request to Nigeria. The Economic and Financial Crimes Commission (EFCC), a Nigerian law enforcement agency, arrested the Ogoshis and Robert. OIA and the U.S. Embassy in Abuja, Nigeria, coordinated with the Central Authority Unit, International Cooperation Department of the Nigerian Office of the Attorney General - Ministry of Justice during their extradition proceedings. Additionally, the FBI referred information to the EFCC regarding three additional Nigerian males involved in this same sextortion ring. These individuals were arrested by the EFCC on domestic Nigerian changes based on the information that was shared. The EFCC is one of Nigeria’s national investigative agencies and is responsible for the investigation of all financial crimes, including extortion, fraud, money laundering, and corruption. The cooperation and assistance of the EFCC was essential in apprehending the defendants.
U.S. Attorney Totten and Acting SAC Kowalski extends their appreciation and thanks to the EFCC, the Nigerian Attorney General’s Office – Ministry of Justice, and all other involved Nigerian authorities for their important partnership in this case. Specifically, U.S. Attorney Totten and SAC Kowalski thanked the following Nigerian partners and institutions for their assistance with this case: Acting Executive Chairman Abdulkarim Chukkol, Economic and Financial Crimes Commission; Assistant Director Antoinette Oche-Obe, Central Authority Unit, International Cooperation Department, Office of the Attorney General - Ministry of Justice; Principal State Counsel Pius Akutah, Central Authority Unit, International Cooperation Department, Office of the Attorney General - Ministry of Justice; Nigeria’s Federal Ministry of Justice, Nigeria’s EFCC; and the Central Authority Unit, International Cooperation Department of the Nigerian Office of the Attorney General – Ministry of Justice.
Law Enforcement Coordination
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following website: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case is being prosecuted by Assistant U.S. Attorneys Daniel Mekaru and Davin Reust, and investigated by the FBI, the Marquette Sheriff’s Department, and the Michigan State Police Cybercrimes Unit in Marquette with the cooperation and assistance of the Economic and Financial Crimes Commission of Nigeria. The U.S. Department of Justice’s Office of International Affairs and the U.S. Department of State provided critical assistance in seeking the extradition of the defendants.
The charges in an indictment are merely accusations, and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt in a court of law.
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MEDIA NOTE: U.S. Attorney Totten addressed these latest developments during Sunday’s press conference and the office will not offer further comment after Monday’s hearing.
Grand Rapids Man Accused of Human TraffickingRead the Press Release
Grand Jury Alleges Sex Trafficking of a Child and Child Exploitation
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that a grand jury has charged a man from Grand Rapids with federal human trafficking and child exploitation crimes. Torey Franklin, 29, is accused of sex trafficking a minor in the spring and summer of 2022, and producing, receiving, and distributing child pornography during the same time period as part of his trafficking business.
“Trafficking in any form is inherently cruel, but the sex trafficking of minors is particularly troubling because of the unique vulnerability of the victims,” said U.S. Attorney Totten. “My office is committed to protecting our most vulnerable and holding traffickers legally accountable for their offenses.”
According to the indictment, Franklin provided a 17-year-old minor for commercial sex work in Kent County, even though he knew the minor was under the age of 18. The indictment also alleges that Franklin enticed the same minor to take sexually explicit pictures, which he then distributed. Sex trafficking of a minor is punishable by a mandatory minimum term of 10 years in prison. If Franklin is convicted of this offense, the sentencing judge will have discretion to impose up to a lifetime term of imprisonment. The penalty range for the sexual exploitation of a minor charge is 15 to 30 years, and the range for the child pornography charges is 5 to 20 years.
“Combating sex trafficking and violence in our communities is of the highest priority for the FBI and our law enforcement partners across the State of Michigan,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “These types of crimes have a lasting impact on the victim and those who harm the most vulnerable members of our society will be held accountable.”
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
Torey Franklin Indictment###
Kalamazoo Man Indicted for Sexual Exploitation of A ChildRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced the indictment of Jordan Isaiah Maurice Watts, 31, for three counts of sexual exploitation of a child. While Watts was charged by criminal complaint on July 25, 2023, to secure his immediate detention, today’s action satisfies the defendant’s constitutional right to federal indictment by a grand jury.
“As part of our mission to protect the public, my office is committed to holding accountable persons who produce child pornography,” said U.S. Attorney Mark Totten. “My office is fully prepared to prove these allegations at trial.”
Watts is charged with three counts of sexual exploitation of a child, in violation of 18 U.S.C. § 2251(a) and (e). If convicted, the statutory mandatory minimum sentence for each count is 15 years in prison with a maximum possible sentence of 30 years in prison.
“The sexual exploitation of children is among the most disturbing crimes the FBI investigates,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “I would like to thank the Kalamazoo County Sheriff’s Office and the Portage Department of Public Safety whose partnership with our office helps ensure anyone who exploits vulnerable children will be brought to justice.”
Arraignment and an initial pretrial conference on these charges is scheduled for August 29, 2023, at 11:30 a.m. before Magistrate Judge Ray Kent.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
Jordan Watts Indictment###
Former West Michigan Doctor to Be Sentenced in OctoberRead the Press Release
U.S. Attorney’s Office Seeks to Identify Any Additional Victims of Dr. Daniel Castro
GRAND RAPIDS – On April 3, 2023, Daniel J. Castro, M.D., pled guilty to making a false statement related to health care matters in violation of Title 18, United States Code, Section 1035. The sentencing hearing for Dr. Castro is scheduled for October 5, 2023, at 9:00 a.m. at the United States District Court, 315 W. Allegan Street, Lansing, Michigan.
As part of the plea agreement, Dr. Castro agreed that conduct related to certain health care fraud schemes set forth in the Indictment against him would constitute relevant conduct for purposes of his sentencing. As alleged in the Indictment, Dr. Castro engaged in a scheme to defraud health care benefit programs by performing medically unnecessary sinus surgeries. Additionally, he engaged in a scheme to defraud by billing excisions of single lymph nodes, submandibular glands, and other glands of the neck as if he performed modified radical or selective neck dissections, which are complex and higher-paying procedures for cancer of the head and neck. These schemes to defraud are alleged to have occurred from February 2015 until May 2017 at Bronson Battle Creek Hospital.
Patients who underwent sinus or neck surgery between February 2015 and May 2017 performed by Dr. Castro may qualify as victims of his offense under federal law and may be entitled to certain rights and, potentially, to restitution. To receive victim services and be considered for restitution, those patients must identify themselves to the U.S. Attorney’s office in Grand Rapids, Michigan prior to the sentencing hearing on October 5.
Patients seeking more information or who believe they are victims of the conduct described above may access additional case information at https://www.justice.gov/usao-wdmi/victim-and-witness-assistance-program/vw-large-cases/Castro. Alternatively, potential victims may call Kathy Schuette, Victim Witness Coordinator, at (616) 808-2034 or Breane Warner, Victim Assistance Specialist, at (616) 808-2064.
Any patient that already is receiving victim services from the U.S. Attorney’s Office need not contact the office unless they have questions or concerns that have not already been addressed.
Daniel Castro Indictment###
Couple Who Drugged and Raped Young Girl Multiple Times Sentenced to 360 Months in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that U.S. District Judge Jane M. Beckering sentenced Amy Lucille Shanty, of Scottville, Michigan, to 30 years in prison for creating multiple videos of child pornography after drugging and raping a young girl. Co-defendant in this case, Michael James Walworth, of Scottville, was also sentenced to 30 years in June.
“The facts of this case are appalling,” said U.S. Attorney Totten. “My office is fully committed to protecting our most vulnerable citizens. As this case demonstrates, we will hold those who harm our kids accountable.”
For years, the young girl visited Walworth and Shanty, who were supposed to be caring for her. Walworth and Shanty drugged the young girl and gave her gifts to coax her into engaging in sex acts with them. Walworth also set up hidden cameras in his home, which he used to capture the young girl while she was in the bathroom. When police executed a search warrant at the couple’s home, they also uncovered an extensive collection of child pornography on Walworth’s computer that he had downloaded over the Internet.
“This sentencing is a testament to HSI’s commitment along with our partners to identify, investigate and prosecute perpetrators who prey on innocent children in our communities,” said HSI Detroit Special Agent in Charge Angie M. Salazar. “It is my hope that this justice brings some measure of peace to the courageous survivors of Shanty and Walworth’s horrific crimes.”
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force, federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case was investigated by the U.S. Department of Homeland Security Investigations, , the Scottville Police Department, and the Mason County Sheriff’s Department. It was prosecuted by Assistant U.S. Attorney Davin M. Reust.
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Battle Creek Man Indicted for Possessing over Four Kilograms of Methamphetamine and Machine gunsRead the Press Release
GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten announced that a federal grand jury in Grand Rapids returned a superseding indictment charging Travon Deshaun-Roderick Mansker, 26, of Battle Creek, with possessing over four kilograms of methamphetamine intended for resale and 10 firearms as a felon. Two of the weapons had been modified to meet the federal definition of “machineguns.”
“Drugs and guns are a dangerous combination, and we are committed to getting illegal guns and drugs off of our streets,” said U.S. Attorney Totten. “The prevalence of machinegun conversion devices in the Western District is a particularly troubling trend that my office takes seriously.”
The charges arise from an April 27, 2023, search of a Battle Creek residence where investigators seized the drugs, firearms, approximately a thousand rounds of ammunition, various high-capacity magazines, pill presses, and other drug trafficking paraphernalia. A photograph of the evidence seized from the search is provided below:
In the superseding indictment, the grand jury alleges that on April 27, 2023, Mansker possessed methamphetamine that he intended to distribute to others. The superseding indictment also charges Mansker with possession of a machinegun for two firearms with different conversion devices installed and possession of a firearm by a felon for ten firearms, including a firearm silencer (a “firearm” under federal law). The superseding indictment is attached.
“This indictment should serve as a reminder that the DEA, and our law enforcement partners, will relentlessly pursue these individuals,” said Orville O. Greene, Special Agent in Charge of Detroit Field Division of the Drug Enforcement Administration. “Our combined efforts are to not only stop the illegal distribution of dangerous illicit drugs, but also to prevent the associated violence that plagues our communities.”
The defendant will be arraigned on the superseding indictment before U.S. Magistrate Phillip J. Green of the U.S. District Court for the Western District of Michigan. If convicted of the drug charge, Mansker faces a statutory mandatory minimum penalty of 10 years in prison with a maximum penalty up to life.
The case was investigated by the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Homeland Security Investigations (HSI), and Battle Creek Police Department (BCPD), with additional support by the Federal Bureau of Investigations (FBI).
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mansker Travon Superseding Indictment###
Trice Pleads Not Guilty During Arraignment in Wynter Cole-Smith CaseRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Rashad Maleek Trice, 26, was arraigned for kidnapping two-year-old Wynter Cole-Smith, resulting in her death and kidnapping a minor. Trice was charged by criminal complaint on July 7, 2023, to secure his immediate detention, and indicted on July 26 to satisfy his constitutional right to federal indictment by a grand jury. During today’s arraignment before Magistrate Judge Ray Kent, Trice was formally read the charges against him and pleaded not guilty.
“Today’s hearing marks yet another step ahead in the judicial process, and my office is fully prepared to make our case against Mr. Trice at a fair trial,” said U.S. Attorney Mark Totten. “My thoughts continue to be with the family as we seek a measure of justice following the heartbreaking loss of Wynter Cole-Smith.”
Trice is charged with two counts. The first count is kidnapping resulting in death, in violation of 18 U.S.C. § 1201(a)(1). If convicted, the statutory mandatory minimum sentence is life in prison. This offense is also death penalty eligible. The second count is kidnapping of a minor, in violation of 18 U.S.C. §§ 1201(a)(1) and (g)(1). If convicted, the statutory mandatory minimum sentence is 20 years in prison with a maximum possible sentence of life in prison.
"The sadness for those of us working the case is outmatched by our resolve and focus on the continued, careful work supporting the prosecution. Over 30 law enforcement agencies banded together on this case, culminating in tremendous heroism by those Eastpointe and St. Clair Shores Police Officers apprehending the accused and by those FBI Agents who recovered Wynter,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “Thank you to all the federal, state, and local law enforcement agencies, and the women and men of the FBI for your relentless, courageous work. Thank you to the community for your help and support of law enforcement in this case," said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan.”
The charges in an arraignment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Ravenna Man Sentenced to 150 Months in Federal Prison for Illegally Possessing Firearms as A FelonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Zebulon Timothy Nester, 27, of Ravenna Michigan, was sentenced to 150 months in federal prison for being a felon in possession of firearms. U.S. District Judge Robert J. Jonker also ordered Nester to spend three years on supervised release after his confinement. Nester previously pled guilty to this charge in April.
“Whether they are purchased illegally, stolen, or manufactured at home, federal law is clear: firearms, ammunition, unregistered silencers, and firearm conversion devices do not belong in the hands of felons,” said U.S. Attorney Mark Totten. “The serious sentence imposed here shows that illegally armed criminals will face serious consequences in federal court.”
On July 1, 2022, law enforcement executed a search warrant at Nester’s residence in Ravenna, Michigan. There they located a stock of firearms, unregistered firearm silencers, ammunition, firearms accessories, body armor, a 3-D printer, and 3-D printed “Glock switches,” which convert semi-automatic Glock pistols into fully automatic firearms. Glock switches alone, even if not attached to a firearm, are defined as machine guns under federal law. Federal law also requires firearm silencers to be registered in the National Firearms Registration and Transfer Record. Prior to the search warrant at his residence, Nester was also apprehended by local authorities in possession of a firearm on June 8, 2022, in connection with a breaking and entering report where an additional handgun was stolen from a residence in Newaygo County.
“Zebulon Nester blatantly and illegally possessed and sold firearms buying himself another round in federal prison. Risking the safety of our community will not be tolerated,” said ATF Special Agent in Charge James Deir. “ATF and its law enforcement partners will identify and hold accountable those individuals who continue to contribute to the violence in our cities.”
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of the Project Safe Neighborhoods (PSN) Program, the Department of Justice’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Lauren F. Biksacky prosecuted this case on behalf of the United States.
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Pickford Man Sentenced to 87 Months for Sexual Abuse of A MinorRead the Press Release
MARQUETTE – U.S. Attorney for the Western District of Michigan Mark Totten today announced that U.S. District Judge Paul L. Maloney sentenced Clifford Sutter to 87 months in prison for sexual abuse of a minor. Judge Maloney imposed the sentence after commenting that defendant’s conduct was “horrendous,” noting that Sutter had repeatedly sexually abused the victim over a significant number of years. Judge Maloney also ordered Sutter to spend 15 years on supervised release after his confinement.
“Protecting our most vulnerable citizens is a duty my office takes very seriously,” said U.S. Attorney Mark Totten. “We are committed to holding child sexual predators accountable as evidenced by the serious sentence imposed in this case. I commend the investigative work of our federal, state, and tribal law enforcement partners.”
“Today's sentence is the final step towards holding this defendant accountable for the harm he inflicted on his victim,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “Protecting our children is a priority for the FBI and law enforcement across the state. I would like to thank the Sault Tribe Police Department and the Michigan State Police for their partnership during this investigation.”
The investigation identified a minor victim who Sutter had repeatedly sexually abused from when s/he was 10 years old until Sutter’s arrest. As part of his plea, Sutter admitted to sexually abusing the minor victim when s/he was 12 years old.
The FBI, Sault Tribal Police Department, and Michigan State Police investigated the case.
Sutter Indictment###
Allegan County Woman Charged for Posing as A NurseRead the Press Release
GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that an Allegan County woman was charged with identity theft for fraudulently posing as a licensed nurse.
“The allegations in this case involving a woman faking as a professionally licensed nurse are dangerous and put unsuspecting patients in harm’s way,” said U.S. Attorney Totten. “My office takes these accusations very seriously.”
According to allegations made in court documents, Leticia Gallarzo, 48, used the Michigan licensing number and the name of a person licensed as a nurse to obtain employment as a nurse at an area hospice facility. Gallarzo did not possess a valid nursing license and represented that she earned a master’s degree in nursing from The George Washington University despite having no formal degree of any kind in nursing. The hospice facility learned that Gallarzo was a nurse impostor when her fingerprints matched the fingerprints on record due to her previous state and federal convictions for practicing nursing without a license in Texas in 2015 and 2016.
Gallarzo is charged with identity theft related to the transfer of the means of identification of another person in violation of Title 18, United States Code, Section 1028(a)(7). If convicted, Gallarzo faces a maximum of 15 years in prison.
“Any unqualified person who poses as a medical professional puts the lives of innocent patients at risk, as alleged in this case,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “I would like to thank the Michigan State Police for their outstanding investigative work during this case. The FBI remains committed to working with our partners to ensure identity theft cases like this one are thoroughly investigated.”
The Federal Bureau of Investigation Grand Rapids Field Office and U.S. Health & Human Service Office of Inspector General are investigating the case. Assistant U.S. Attorney Ron Stella is prosecuting the case.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
gallarzo_complaint.pdf###
“General” of Violent Lansing Street Gang “MBM” Sentenced to over 7 Years in Federal Prison for Illegally Possessing A FirearmRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Damonte Latrell Johnson (“Gudda”), 27, of Lansing, Michigan, was sentenced to 87 months in federal prison for being a felon in possession of a firearm. Chief U.S. District Hala Y. Jarbou also ordered Johnson to spend three years on supervised release after his confinement. Johnson previously pled guilty to this charge in April.
“Group-involved violence and illegal firearm possession have no place in our communities,” said U.S. Attorney Mark Totten. “My office is committed to disrupting the cycle of violence by getting violent offenders off the streets and holding them accountable for breaking the law and spreading fear in our neighborhoods.”
Johnson was the self-proclaimed “General” and high-level leader of the Lansing area gang known as “Money Bound Mafia,” commonly referred to as “MBM.” Information received by the U.S. Attorney’s Office indicates that MBM is a violent criminal enterprise whose members and associates have been involved in numerous criminal activities in the Lansing area, including gun violence, illegal weapons possession and purchase, fraud, non-fatal shootings, and homicides.
Screenshot of Johnson from a YouTube Video with an “MBM” shirt and firearm.
The U.S. Attorney’s Office, working closely with investigative teams at the Lansing Police Department’s Violent Crime Initiative (VCI), the Michigan State Police (MSP), and the Bureau of Alcohol, Tobacco, and Firearms (ATF) have identified and recently prosecuted several members and individuals associated with violent crimes in Lansing to disrupt the cycle of violence.
"The Lansing Police Department values the collaborative efforts of local, state, and federal resources regarding criminal investigations,” said LPD Chief Ellery Sosebee. “Prosecutions and sentences such as this are an excellent example of the quality of work and the impact these efforts can produce."
“Individuals who choose a life of fear and violence to enhance their criminal enterprises will be identified and removed from our communities,” said ATF Acting Assistant Special Agent in Charge Jarrod Marsh. “The collaborative effort with the U.S. Attorney’s Office, our federal, State of Michigan, and local partners resulted in holding this violent gang member accountable.”
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of the Project Safe Neighborhoods (PSN) Program, the Department of Justice’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant United States Attorney Lauren F. Biksacky prosecuted this case on behalf of the United States.
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Trice Indicted for Kidnapping Resulting in Death and Kidnapping A Minor in Wynter Cole-Smith CaseRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced the indictment of Rashad Maleek Trice, 26, for kidnapping two-year-old Wynter Cole-Smith, resulting in her death and kidnapping a minor. While Trice was charged by criminal complaint on July 7, 2023, to secure his immediate detention, today’s action satisfies the defendant’s constitutional right to federal indictment by a grand jury.
“This indictment marks another step forward as we seek a measure of justice following the heartbreaking loss of Wynter Cole-Smith,” said U.S. Attorney Mark Totten. “My thoughts are deeply with Wynter’s family, and my office is fully prepared to make our case against Mr. Trice at a fair trial.”
Trice is charged with two counts. The first count is kidnapping resulting in death, in violation of 18 U.S.C. § 1201(a)(1). If convicted, the statutory mandatory minimum sentence is life in prison. This offense is also death penalty eligible. The second count is kidnapping of a minor, in violation of 18 U.S.C. §§ 1201(a)(1) and (g)(1). If convicted, the statutory mandatory minimum sentence is 20 years in prison with a maximum possible sentence of life in prison.
"There is no greater responsibility for the FBI than to investigate those who commit senseless acts of violence against young children,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “While today’s indictment cannot erase the pain her family is experiencing, it is the next step in the process of securing justice for Wynter.”
Arraignment and an initial pretrial conference on these charges is scheduled for Monday, August 7, 2023, at 11 a.m. before Magistrate Judge Ray Kent. U.S. Attorney Totten and FBI SAC Devin Kowalski is scheduled to attend the arraignment and will offer brief comments immediately following.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Lansing-Area Health System Agrees to Pay $671,300 to Settle False Claims Act Allegations Relating to Improper BillingRead the Press Release
GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that Edward W. Sparrow Hospital Association d/b/a Sparrow Medical Group, Sparrow Care Network, and Sparrow Health System located in Lansing (collectively “Sparrow”) have agreed to pay $671,310 to resolve allegations that they violated the False Claims Act by misuse of “incident-to” billing.
“Truthful and accurate billing is crucial to our Medicare system,” said U.S. Attorney Mark Totten. “This settlement reflects the commitment of my office in working with our investigative agencies to protect the Medicare population and maintain the system of trust and accountability necessary between the patient, physician, and federal healthcare programs.”
An “incident-to” billing provision allows an Advanced Practice Provider (APP), including nurse practitioners and physician assistants, to treat a patient but bill the encounter under the physician’s name and reimbursement rate if certain criteria are met. Those criteria include the presence of an on-site doctor, that the physician performs the initial visit for the patient, and that the physician establish the patient’s diagnosis and treatment plan during the initial visit. If an APP appropriately performs a service “incident to” a physician’s oversight, the physician or their healthcare practice may submit a claim for 100 percent reimbursement for the patient encounter, as opposed to the 85 percent reimbursement rate if the APP billed services under their own billing number. The United States alleges that Sparrow improperly billed services under a physician’s name and reimbursement rate where the services were rendered by mid-level providers at Sparrow’s locations where the criteria for “incident-to” billing were not met.
“Improper billing in our federal health care programs wastes valuable taxpayer funds that are set aside to care for the wellbeing of those most in need,” said Special Agent in Charge Mario M. Pinto of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) – Chicago Region. “HHS-OIG will continue to work with our law enforcement partners to ensure that those who engage in these practices are held accountable.”
U.S. Attorney Totten also commended Sparrow for its cooperation with the United States’ investigation, including undertaking an internal audit of violations alleged in the qui tam and sharing the results with the United States.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against Sparrow. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of the settlement if the government takes over the case and reaches a monetary agreement with the defendant. The qui tam case is captioned U.S. ex rel. Patricia M. Crowe, M.D. v. Sparrow Medical Group, et al., No. 1:21-cv-00770 (W.D. Mich.).
The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of Michigan and Health and Human Services, Office of the Inspector General.
Assistant U.S. Attorney Carrie Almassian investigated the matter. Investigative support was also provided by the Department of Health and Human Services, Office of Inspector General.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Seven Charged in International Fraud ConspiracyRead the Press Release
50 Elderly Victims Lost $11 million
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten announced today that seven people were charged in a federal grand jury indictment, unsealed this week, accused of participating in a conspiracy that stole $11 million from 50 victims in West Michigan and around the country. Most of the victims were elderly.
“Elder fraud schemes prey on some of our nation’s most vulnerable citizens,” said U.S. Attorney Totten. “It’s critical to raise awareness of elder fraud to help protect our older loved ones from these types of crimes. My office is committed to fighting all types of elder abuse in our community.”
According to the indictment, victims of the conspiracy received a pop-up or other message on their computers warning that a virus had infected their devices. The messages urged the victims to call a number to get help. When the victims called the number provided, they got a response from someone claiming to work for a tech company, such Microsoft or Apple. In truth, they were scammers located in India, who scared the victims into giving money to the conspiracy with a variety of different ruses.
In one version of the scam, victims were told that their bank accounts had been compromised and they needed to withdraw all of their cash and give it to fake “federal agents” for safekeeping. In another version, victims were told that their computers had been infected by a virus and they needed to pay for technical support. In a third version, victims were told that they had been identified in a criminal investigation and needed to turn over money to clear their names. Regardless of which ruse was used, the end result was the same: victims were convinced to give $11 million to the scammers. Victims did this during in-person meetings with fake “federal agents,” by mailing boxes of cash to addresses provided by the scammers, by wire transfers to bank accounts controlled by the scammers, or through gift cards they purchased at the direction of the scammers.
According to the indictment, the following defendants were the U.S.-based members of the conspiracy who collected fraud proceeds from victims on behalf of the conspiracy:
Name
Age
Location
Pragneshbhai M. Patel
51
Amityville, New York
Everette Jhmal Thibou
30
Tampa, Florida
Jayesh J. Panchal
54
Hicksville, New York
Vijaya C. Shetty
52
Jackson Heights, New York
Jmyla Elaine Sha’taria White
28
Thonotosassa, Florida
Jorrel Tyler Jackson
31
Riverview, Florida
Mckhaela Katelynn McNamara
27
Flint, MI
The indictment alleges that Panchal and McNamara made six trips to meet with a victim in Lake County, Michigan, to collect $398,000 in fraud proceeds from her. The victim had been convinced that her bank accounts had been compromised and that she was giving cash to “federal agents” for safekeeping. It is alleged that Thibou helped arranged the meetings with the Lake County victim. The indictment alleges that others around the country similarly fell victim to the scam.
Earlier this year, two alleged members of the conspiracy located in India were arrested by the Delhi Police Special Cell. FBI’s Legal Attaché New Delhi provided investigative assistance to the Indian authorities.
“Today’s indictment reflects the commitment of the FBI and our partners to protect older Americans from financial scams,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “These defendants allegedly defrauded victims by preying on their vulnerabilities. If you believe that you or someone you know may be a victim of elder fraud, submit a tip to the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311).”
According to the FBI’s 2022 Elder Fraud Report, 88,262 people over 60 were victimized in 2022, resulting in the loss of $3.1 billion, an 84% increase from 2021. Tech support and customer service schemes were the most common types of fraud reported.
Elder Fraud Prevention Tips
- Recognize scam attempts and end all communication with the perpetrator.
- Search online for the contact information (name, email, phone number, addresses) and the proposed offer. Other people have likely posted information online about individuals and businesses trying to run scams.
- Resist the pressure to act quickly. Scammers create a sense of urgency to produce fear and lure victims into immediate action. Call the police immediately if you feel there is a danger to yourself or a loved one.
- Be cautious of unsolicited phone calls, mailings, and door-to-door services offers.
- Never give or send any personally identifiable information, money, jewelry, gift cards, checks, or wire information to unverified people or businesses.
- Make sure all computer anti-virus and security software and malware protections are up to date. Use reputable anti-virus software and firewalls.
- Disconnect from the internet and shut down your device if you see a pop-up message or locked screen. Pop-ups are regularly used by perpetrators to spread malicious software. Enable pop-up blockers to avoid accidentally clicking on a pop-up.
- Be careful what you download. Never open an email attachment from someone you don't know and be wary of email attachments forwarded to you.
- Take precautions to protect your identity if a criminal gains access to your device or account. Immediately contact your financial institutions to place protections on your accounts and monitor your accounts and personal information for suspicious activity.
This investigation was conducted jointly by FBI Detroit, Grand Rapids Office, Homeland Security Investigations, New Orleans, Louisiana, and the Lake County, Michigan, Sheriff’s Office. Additional investigative assistance was provided by the Delhi Police Special Cell, FBI’s Legal Attaché New Delhi, the U.S. Attorney’s Office for the Eastern District of Louisiana, the New Holland, Pennsylvania, Police Department, the Tennessee Highway Patrol, DEA Chattanooga, FBI New York, and FBI Tampa. The prosecution is being handled by Assistant United States Attorney Clay Stiffler.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Muskegon Man Sentenced to 300 Months for Armed Trafficking in Fentanyl, Heroin, Cocaine, and MethamphetamineRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten announced that Saul Douglas Briggs, 33, of Muskegon, will serve 240 months in prison for possessing fentanyl, heroin, cocaine, and methamphetamine with the intent to distribute them. On Friday, U.S. District Judge Paul L. Maloney sentenced Briggs to serve an additional 60-month prison term for possessing firearms in furtherance of his drug trafficking activities. Briggs was also ordered to forfeit more than $225,000 in cash, multiple vehicles, and jewelry that he purchased with drug proceeds. Upon release from prison, Briggs will be on supervised release for a period of 10 years.
“The egregiousness of Mr. Briggs’ crimes cannot be overstated. He possessed enormous quantities of fentanyl to sell in our community and beyond,” said U.S. Attorney Totten. “Fentanyl is deadly, and it is made even more fatal when combined with other drugs and loaded firearms. My office is committed to disrupting drug trafficking rings and bringing the people who peddle this poison to justice. Mr. Briggs’ sentence is a vital step in ensuring the continued safety of the communities we serve.”
The facts presented to the court during the case were that, beginning in at least March 2002, Briggs and his associates began using a house on Letart Avenue in Muskegon to store drugs, drug trafficking materials, and guns to protect their drug dealing business. In March 2022, Briggs and one of his associates sold a total of 1.5 kilograms of fentanyl to a Missouri-based drug trafficker. At least some of that fentanyl appeared to investigators to have come from the Letart residence. Later, during a search warrant executed at the Letart residence in June 2022, investigators found approximately 5 kilograms of fentanyl and fentanyl analogues, nearly a kilogram of heroin, and smaller amounts of cocaine, methamphetamine, and morphine. Investigators also found all of the hallmarks of drug trafficking, including digital scales, baggies, presses used to package drugs for sale, cutting agents, and a money counter. At the time, Briggs also possessed seven firearms, four of which were stolen. The guns included a loaded pistol he stored under the driver’s seat of his truck and several assault-style guns and a handgun with an extended magazine that had been staged throughout the Letart residence.
The amount of fentanyl in the case could have killed millions of people across the State of Michigan and in the other locations where Briggs distributed. In sentencing Briggs, Judge Maloney noted that this was “a major fentanyl distribution crime” and that Briggs possessed seven firearms of which four were stolen. Judge Maloney also noted that Briggs committed these crimes after having previously served a sentence in federal prison for cocaine trafficking.
“Briggs convictions come after a lengthy investigation involving both state and federal law enforcement,” said Detective Lieutenant Andrew Ambrose, Commander of the West Michigan Enforcement Team (WEMET), a division of the Michigan State Police. “Cooperation between federal, state, and local agencies allow for entities to work larger cases. The seizure of fentanyl by WEMET detectives and DEA agents undoubtedly saved lives.”
The following photographs shows some of the evidence seized as part of the investigation:
This case was part of Operation Interstate Zeus, an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation that began in 2019 and was led by the Drug Enforcement Administration (DEA) and members of Michigan State Police’s West Michigan Enforcement Teams (WEMET). OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case was prosecuted by Assistant United States Attorney Stephanie M. Carowan.
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Florida Man Sentenced to 78 Months in Prison for Conspiracy to Commit Wire FraudRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Chester Randall Dunican, 69, of Fort Pierce, Florida, has been sentenced to 78 months months in prison for his role as the leader of a conspiracy to commit wire fraud causing losses to the Grand Traverse Band of Ottawa and Chippewa Indians of over $1.1 million. U.S. District Judge Robert J. Jonker also ordered Dunican to spend three years on supervised release, to pay restitution of $1,124,290 and to forfeit $430,350, representing proceeds he personally received from his fraud.
“Every member of the Grand Traverse Band of Ottawa and Chippewa Indians was impacted by this fraudulent scheme,” said U.S. Attorney Mark Totten. “Instead of using the funds for the benefit of all tribal members, Dunican and his co-defendant, attorney Britan Douglas Groom, lied to the tribe and used the money for their personal benefit. Mr. Dunican’s conduct is particularly egregious given that he served in a fiduciary capacity as the Chief Executive Officer of the Tribe’s economic development corporation. My office is committed to holding fraudsters fully accountable for their crimes, especially those that exploit a position of public trust.”
Dunican pleaded guilty to conspiracy to commit wire fraud. From December 2015 to December 2016, Dunican served as the CEO of GTB LLC, a tribal entity focused on the development of economic opportunities for the benefit of all members of the Tribe. Dunican represented to the Tribe that he obtained exclusive distributorship rights with a proprietary water filtration company, R.O. Distributors, and that the Tribe would benefit by investing in R.O. Distributors and leasing water coolers that used this proprietary technology to various businesses in Michigan and Florida. In reality, R.O. Distributors was a shell company created and controlled by Dunican and Groom.
The Tribe invested nearly a million dollars in R.O. Distributors. Dunican directed other individuals to send most of the Tribe’s investment to another shell company, Evergreen Distributors LLC, before that entity transferred over $700,000.00 of the proceeds to the personal bank accounts of Dunican and Groom. Dunican then told the Tribe that he expected the business to grow and needed additional funding to continue acquiring inventory. When the Tribe resisted, Dunican told the Tribe that a company named High Sierra Distributors, LLC, acquired R.O. Distributors and that High Sierra was a multi-billion-dollar business that could expand the water filtration business nationwide. Dunican asked Groom to recruit someone to pretend to be a corporate representative of High Sierra at a meeting with the Tribe to pitch the additional $2 million in funding. Groom recruited a friend from Illinois who did attend the meeting pretending to be a corporate official of High Sierra. Shortly after the meeting, and before any additional funds were distributed, the Tribe discovered that this individual was actually a schoolteacher form Illinois, uncovered the fraud scheme and fired Dunican.
“Mr. Dunican and his co-defendant stole money earmarked for investment opportunities, the income from which is designed to provide various forms of assistance to members of the Grand Traverse Band of Ottawa and Chippewa Indians,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “His behavior was an affront to those who trusted him to act in the Tribe’s best interest and is precisely why the FBI works with our partners to investigate those who knowingly defrauds organizations and bring them to justice.”
“Internal Revenue Service Criminal Investigation (IRS-CI) and our law enforcement partners are diligent in unraveling the fraudulent actions of those, such as Chester Dunican, who scheme to defraud victims,” said Charles Miller, Special Agent in Charge of IRS-Criminal Investigation, Detroit Field Office. “Today’s sentencing is a reminder that there are detrimental consequences for this type of criminal behavior.”
The case was investigated by the Federal Bureau of Investigation, Detroit Division, Lansing, and Traverse City offices. The FBI was assisted by the Grand Traverse Band of Ottawa and Chippewa Indians Tribal Police Department and the IRS Criminal Investigation. Assistant United States Attorney Ronald M. Stella prosecuted the case.
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Ottawa County Man Sentenced to 38 Years in Federal Prison for Distributing Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Matthew James Warne, 34, of Zeeland, Michigan, was sentenced to 38 years in federal prison by U.S. District Judge Paul L. Maloney for distributing and attempting to distribute child pornography. Judge Maloney also ordered Warne to spend 10 years on supervised release after his confinement. In imposing the sentence, Judge Maloney stated that Warne posed a “major risk to the public” and highlighted the seriousness of Warne’s conduct.
“Every day of this sentence against Mr. Warne is deserved, but it hardly begins to undo the harm against the innocent and vulnerable children who are the victim of this crime,” said U.S. Attorney Mark Totten. “Each image of child pornography that Warne possessed and distributed represents the sexual abuse of a real child. Our efforts to prosecute people who commit these crimes will continue and those who commit these types of crimes will face a similar fate.”
Investigators originally responded to Warne’s workplace after a report of Warne inappropriately filming in a bathroom. Police learned through further investigation that Warne shared thousands of images and videos of child pornography online. Specifically, Warne used a social media application called Telegram to chat with other individuals about child pornography and send the images and videos. Warne previously pleaded guilty on March 30, 2023. Warne’s conviction followed his 2013 state conviction for third-degree criminal sexual conduct and his 2018 state conviction for criminal sexual conduct-assault with intent to commit sexual penetration. Warne was on parole with the Michigan Department of Corrections when he distributed the child pornography.
“The significant sentence in this case underscores the importance of keeping innocent children safe from dangerous predators and serves as a warning to those individuals who prey upon the most vulnerable in our society,” said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. “Distributing child abuse images repeatedly victimizes a child and the FBI will dedicate resources to investigating anyone who commits crimes of this nature.”
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutors’ offices, an Internet Crimes Against Children (ICAC) task force, federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov.
The investigation of this matter was conducted by the Federal Bureau of Investigation and the Ottawa County Sheriff’s Office. Prosecution of this case was handled by Assistant U.S. Attorney Lauren F. Biksacky.
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United Bank of Michigan Senior Vice President Sentenced for Embezzlement and Tax EvasionRead the Press Release
John Figg embezzled approximately $870,000 between 2014 and 2021
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced the sentencing of a former United Bank of Michigan senior vice president for embezzlement and tax evasion. John Figg, 56, of Grand Rapids, was sentenced to a prison term of 41 months followed by 36 months of supervised release by U.S. District Judge Paul L. Maloney. Figg was also ordered to pay restitution of $870,000 to United Bank of Michigan and $146,300 to the Internal Revenue Service.
“We trust our financial institutions to be wise stewards of our savings,” said U.S. Attorney Totten. “Figg pilfered funds entrusted to him as a bank official and broke both the law and the public’s trust. He must now deal with the consequences of his embezzlement and tax evasion.”
This criminal case stems from the discovery of Figg’s embezzlement of over $870,000 from United Bank of Michigan between 2014 and 2021. At the time, he was a senior vice president of the bank. According to court documents, Figg used his access to bank records to obtain funds in a variety of ways. First, he identified customer accounts held by depositors who did not scrutinize their accounts and used his access to them to remove funds for his own use. Second, he obtained phony loans in customer names and used the loan proceeds for his own use. Third, he funneled fees normally collected by the bank in connection with loan closing costs to his own use. This resulted in losses of approximately $870,000.
Figg generated taxable income from this activity between 2016 and 2020. However, he concealed this income from his tax preparer when that person prepared his tax returns. As a result, each year Figg underreported his taxable income knowing that it was subject to taxation and with the intent to avoid payment of those taxes.
Figg was charged with bank embezzlement in violation of Title 18, United States Code, Section 656. This carries a maximum penalty of 30 years in prison. He was also charged with tax evasion in violation of Title 26, United States Code, Section 7201, which carries a maximum prison term of five years in prison. Figg pled guilty to these charges in March 2023.
“The IRS, along with our law enforcement partners, will vigorously pursue those who use their position of trust to victimize clients and violate the law,” said Charles Miller, Special Agent in Charge of IRS Criminal Investigation, Detroit Field Office. “Today’s sentence demonstrates the government’s determination to restore and ensure that trust.”
"Mr. Figg engaged in illegal conduct that has the potential to undermine the financial health of banks and credit unions," said Devin J. Kowalski, Acting Special Agent in Charge of the FBI in Michigan. "Today's sentence sends a message to any corrupt bank employee that the combined efforts of the FBI and IRS will ensure they are held fully accountable for their crimes."
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service. Prosecution of the case is assigned to Assistant United States Attorney Timothy VerHey.
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U.S. Attorney Totten Announces Federal Charges in the Kidnapping of 2-Year-Old Wynter Cole-SmithRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Rashad Maleek Trice, 26, has been charged by criminal complaint with Kidnapping a Minor and Kidnapping Resulting in Death. These allegations relate to the kidnapping and death of 2-year-old Wynter Cole-Smith. If convicted of the Kidnapping Resulting in Death charge, the statutory mandatory minimum is life in prison. This offense is also death penalty eligible. If convicted of Kidnapping a Minor, the statutory mandatory minimum is 20 years in prison with a maximum possible sentence of life in prison.
“The allegations in this case are heart-wrenching,” said U.S. Attorney for the Western District of Michigan Mark Totten. "My thoughts are very much with Wynter’s family, as we were all praying for her safe return home. I would like to thank the Federal Bureau of Investigation, Lansing Police Department, Michigan State Police, and the countless law enforcement agencies who worked relentlessly to find Wynter. I would also like to thank U.S. Attorney Dawn Ison of the Eastern District of Michigan and her office for all their hard work in this investigation. The media and the public played a critical role in sharing accurate information and submitting tips as well. I commend everyone in law enforcement and the community for working together to pursue justice in this case.”
As alleged in the attached complaint, on July 2, 2023, a woman reported to the Lansing Police Department that she had been attacked by Trice and ultimately fled her apartment to escape him. When police responded to her apartment, Trice and the woman’s daughter, Cole-Smith, were no longer present. A white Chevrolet Impala had also allegedly been stolen. On July 3, police attempted to stop the white Chevrolet Impala in St. Clair Shores and the driver attempted to flee. Police apprehended the driver, Trice, but Cole-Smith was not in the car. Cell site information showed the approximate path Trice’s phone had recently taken, which prompted law enforcement to start conducting searches for Cole-Smith in specific areas. On July 5, 2023, law enforcement found Cole-Smith’s body in Detroit.
“Please continue to keep Wynter Cole-Smith’s family in your thoughts in the days and weeks to come,” said Devin Kowalski, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “I am proud of our brave FBI agents, analysts, and professional staff who answered the call to render aid to Wynter and her family. I would like to extend appreciation to them, along with Lansing Police Department Chief Ellery Sosebee and his entire department, and our vast network of law enforcement partners across the state and country who have been working relentlessly around-the-clock over the past week.”
“It is so difficult to imagine the final moments of little Wynter’s life,” stated U.S. Attorney for the Eastern District of Michigan Dawn N. Ison. “I commend Assistant United States Attorney Christopher Rawsthorne of my office, FBI, Detroit Police, and all the other law enforcement partners who worked tirelessly for days to find Wynter in Detroit and return her home. My heart breaks for her family, and all of us mourn with them.”
“Our top priority is to get justice for Wynter and her family,” said Lansing Police Department Chief Ellery Sosebee. “The men and women of the Lansing Police Department applaud U.S. Attorneys Mark Totten and Dawn Ison, their teams, the FBI, and all of our law enforcement partners for their efforts to pursue justice in this case.”
This case was investigated by the FBI and Lansing Police Department, along with the U.S. Customs and Border Protection Air and Marine Operations, U.S. Customs and Border Protection, U.S. Border Patrol, U.S. Secret Service, Federal Air Marshal Service, Internal Revenue Service, U.S. Department of Labor, U.S. Attorney’s Office for the Eastern District of Michigan, Michigan State Police, Michigan State University Department of Police and Public Safety, Michigan Department of Corrections, Ingham County Sheriff’s Office, Ingham County Prosecutor’s Office, Eaton County Sheriff's Office, Oakland County Sheriff’s Office, Macomb County Sheriff's Office, Detroit Police Department, Detroit Public Schools Community District Department of Public Safety, Eastpointe Police Department, St. Clair Shores Police Department, Bloomfield Hills Police Department, Dearborn Police Department, Sterling Heights Police Department, West Bloomfield Police Department, Bloomfield Police Department, Southfield Police Department, Northville Township Police Department, and Clinton Township Police Department.
The charges in a complaint are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Member of White Supremacist Group Charged for Allegedly Defacing Synagogue with Neo-Nazi SymbolsRead the Press Release
Defendant, a Member of “The Base,” Allegedly Painted Swastikas and Other Symbols on Temple Jacob in Hancock, Michigan
GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten for the Western District of Michigan today announced the indictment of Nathan Weeden, 23, of Houghton, Michigan for conspiring with others and allegedly defacing Temple Jacob – a Jewish synagogue in Hancock, Michigan – with swastikas and symbols associated with The Base, a multi-state, white supremacist group.
“We are fully prepared to make our case against Mr. Weeden,” said U.S. Attorney Mark Totten. “No one should be the target of hate because of their race, ethnicity, religion, or any other status. When hateful words become hateful acts, in violation of federal civil rights laws, my office will use every tool we have to protect the public and ensure accountability. With the rise of antisemitism across the United States and here in Michigan, everyone must do their part to stand united against hate.”
VIDEO MESSAGE: U.S. Attorney Mark Totten
In the attached indictment issued against Weeden, along with other public documents filed in cases against alleged co-conspirators Richard Tobin of New Jersey (see here and here) and Yousef Barasneh of Wisconsin (see here and here), support the following allegations.
According to the indictment, in September 2019, Weeden, Tobin, and Barasneh – all members of The Base, a multi-state, white supremacist organization – allegedly used an encrypted messaging platform to discuss vandalizing property associated with African Americans and Jewish Americans. Weeden and his co-conspirators dubbed their plan, “Operation Kristallnacht,” which in German means “Night of Broken Glass” and is in reference to the events that took place on November 9th and 10th of 1938 in which Nazis murdered Jewish people and burned and destroyed their homes, synagogues, schools, and places of business. The indictment alleges that Weeden carried out this plan on September 21, 2019, when he spray-painted swastikas and symbols associated with The Base on the outside walls of Temple Jacob.
Weeden is charged with two counts. The first count is for Conspiracy Against Rights under 18 U.S.C. § 241, a civil rights statute that makes it a crime to conspire to injure, oppress, threaten, or intimidate any person in the exercise of their rights. The maximum penalty under this statute is 10 years imprisonment and a $250,000 fine. The second count is for Damage to Religious Property under 18 U.S.C. § 247, also a civil rights statute that makes it a crime to intentionally deface, damage, or destroy religious property because of the race or ethnic characteristics of individuals associated with that religious property. The maximum penalty under this statute is 1 year imprisonment and a $100,000 fine.
“The FBI will not tolerate crimes motivated by hate, which are meant to intimidate and isolate the targeted groups,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “People of all faiths deserve to feel safe in their communities and this office, in close collaboration with our law enforcement partners, will aggressively pursue these types of cases to ensure there are consequences for crimes like those alleged in this indictment.”
The grand jury issued its two-count indictment against Nathan Weeden on June 27, 2023. The indictment was unsealed on June 29, 2023, after the defendant was arrested by the FBI. He remains in custody at this time. The court will schedule Weeden’s arraignment, detention hearing, and trial at a later date.
This case is being prosecuted by Assistant U.S. Attorney Nils Kessler and Trial Attorney Eric Peffley of the Civil Rights Division’s Criminal Section. It is being investigated by the FBI with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and Hancock Police Department.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
Click here to view a copy of the indictment.
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Man Who Threatened Violent, Anti-Semitic Action Indicted by Grand JuryRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that a grand jury returned an indictment against Seann Pietila, 19, of Pickford, Michigan for violent threats Pietila made online. Pietila allegedly communicated via Instagram about planning to commit acts of violence to kill other people. He also allegedly sent messages about neo-nazism, antisemitism, glorification of past mass shooters, and a desire and intent to mimic past mass shooters.
“No one should face violent threats because of their race, ethnicity, religion, or any other status,” said U.S. Attorney Mark Totten. “We have seen a rise in antisemitism across the nation and here in Michigan, and my office is committed to using all our powers to protect the public and ensure accountability.”
The indictment charges Pietila with three counts. The first two counts charge that he transmitted threatening communications in interstate commerce. The maximum penalty under that statute is five years in prison and a $250,000 fine. Pietila also faces one count of threat to kill or injure by means of fire, which is punishable by up to ten years of imprisonment and a $250,000 fine.
“The crimes alleged in this indictment have made members of our community feel unsafe as they practice their religion. No American should fear engaging in their constitutionally protected rights,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “I appreciate the coordinated efforts of our state and local law enforcement partners to disrupt this defendant before he could put his plans into action.”
The case is being prosecuted by Assistant U.S. Attorney Christopher O’Connor and investigated by the Federal Bureau of Investigation (FBI). The FBI was assisted by the Chippewa County Sheriff’s Office, TRI-County Drug Enforcement Team (TRIDENT), Upper Peninsula Substance Enforcement Team (UPSET), and Michigan State Police Emergency Services Team.
A copy of the indictment is attached. The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Justice Department Launches Missing or Murdered Indigenous Persons Regional Outreach ProgramRead the Press Release
Program will place 10 new personnel in Five Regions, including the Great Lakes Region
GRAND RAPIDS – The Department of Justice today announced the creation of the Missing or Murdered Indigenous Persons (MMIP) Regional Outreach Program, which permanently places 10 attorneys and coordinators in five designated regions across the United States to aid in the prevention and response to missing or murdered Indigenous people.
“My office is committed to strengthening the federal response to missing or murdered indigenous people and the many victims of violence in our tribal communities and the families that are affected,” said U.S. Attorney Mark Totten. “The Justice Department’s work to respond to the MMIP crisis is a whole-of-department effort that takes many forms. This new outreach program is another critical tool to help address the MMIP crisis by promoting and bettering communication, coordination, and collaboration among federal, Tribal, local, and state partners on a regional basis.”
“This new program mobilizes the Justice Department’s resources to combat the crisis of Missing or Murdered Indigenous Persons, which has shattered the lives of victims, their families, and entire Tribal communities.” said Attorney General Merrick B. Garland. “The Justice Department will continue to accelerate our efforts, in partnership with Tribes, to keep their communities safe and pursue justice for American Indian and Alaska Native families.”
The program will dedicate five MMIP Assistant U.S. Attorneys and five MMIP coordinators to provide specialized support to United States Attorneys’ offices to address and combat the issues of MMIP. This support includes assisting in the investigation of unresolved MMIP cases and related crimes, and promoting communication, coordination, and collaboration among federal, Tribal, local, and state law enforcement and non-governmental partners on MMIP issues. The five regions include the Northwest, Southwest, Great Plains, Great Lakes, and Southeast Regions, and MMIP personnel will be located within host United States Attorneys’ offices in the Districts of Alaska, Arizona, Eastern Washington, Minnesota, New Mexico, Northern Oklahoma, Oregon, South Dakota, and Western Michigan. Programmatic support will be provided by the MMIP Regional Outreach Program Coordinator at the Executive Office for United States Attorneys. The MMIP Coordinator hosted by the Western District of Michigan will work with the MMIP AUSA assigned to the District of Minnesota.
“These new positions represent the Justice Department’s continuing commitment to addressing the MMIP crisis with urgency and all of the tools at our disposal,” said Deputy Attorney General Lisa O. Monaco. “MMIP prosecutors and coordinators will work with partners across jurisdictions and alongside the Tribal communities who have been most devastated by this epidemic.”
The MMIP regional program prioritizes MMIP cases consistent with the Deputy Attorney General’s July 2022 directive to United States Attorneys’ offices promoting public safety in Indian country. The program fulfills the Justice Department’s promise to dedicate new personnel to MMIP consistent with Executive Order 14053, Improving Public Safety and Criminal Justice for Native Americans and Addressing the Crisis of Missing or Murdered Indigenous People, and the Department’s Federal Law Enforcement Strategy to Prevent and respond to Violence Against American Indians and Alaska Natives, Including to Address Missing or Murdered Indigenous Persons issued in July 2022.
“The Executive Office for United States Attorneys and the United States Attorney community are committed to preventing and responding to cases of missing or murdered Indigenous people. To that end, we will work together with all relevant federal, Tribal, state and local law enforcement partners to locate missing persons and solve crimes where they have occurred,” said Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson. “This new program will allow the Department to build upon the work done by individual United States Attorneys’ offices and ensure continued support to those offices by coordinating outreach regionally on MMIP matters.
More broadly, this MMIP Program will complement the work of the Justice Department’s National Native American Outreach Services Liaison, who is helping amplify the voice of crime victims in Indian country and their families as they navigate the federal criminal justice system. Further, the MMIP Program will liaise with and enhance the work of the Department’s Tribal Liaisons and Indian Country Assistant United States Attorneys throughout Indian Country, the Native American Issues Coordinator, and the National Indian Country Training Initiative Coordinator to ensure a comprehensive response to MMIP.
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Final of Fifteen Defendants Sentenced for Lansing-Based Drug TraffickingRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. District Judge Paul L. Maloney sentenced Defendant Edward Washington to serve 396 months in prison followed by 10 years of supervised release for his role in distributing fentanyl throughout the Lansing, Michigan area. Defendant Washington was the final of fifteen defendants to be sentenced in an investigation and prosecution that focused on two drug trafficking organizations distributing fentanyl and methamphetamine in the greater Lansing area.
“These drugs are taking more lives across Michigan and the United States than ever before and my office is committed to disrupting the pipelines that distribute these poisons across the region,” said U.S. Attorney Mark Totten.
“Edward Washington oversaw the distribution of bulk quantities of fentanyl, cocaine, and heroin throughout the Lansing area,” said Drug Enforcement Administration (DEA) Special Agent in Charge Orville O. Greene. “This successful prosecution and sentencing is a reminder that the DEA will pursue these criminals to not only stop the illegal distribution of poisons in our community, but also to prevent the associated violence.”
The DEA and Lansing Police Department (LPD), including Lansing Police Department Special Operations Section (LPD SOS), led this interagency investigation. The investigation and convictions were the culmination of an interagency investigation conducted through the Organized Crime Drug Enforcement Task Force (OCDETF) program. Interagency investigations are a crucial part of how the Department of Justice combats illegal drug trafficking. Often, agencies partner through the Organized Crime Drug Enforcement Task Force (OCDETF) program. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The following individuals were convicted and sentenced as part of the investigation:
Name
Sentence
Edward Washington
396 months
Davanti Heard-White
324 months
John Humphrey
276 months
Arnon Lake
181 months
Jeffrey Humphrey
180 months
Jordan Suttles
180 months
Maguel Villanueva
151 months
Demetrus Heard
121 months
Demanuel Porter
120 months
Marquise Brooks
96 months
Jamar Street
87 months
Jerome Till
70 months
Angela Dority
60 months
Michael Terry
57 months
Latisha Mack
37 months
Assistant U.S. Attorneys Vito S. Solitro, Stephen P. Baker, and Theodore J. Greeley, and former Assistant U.S. Attorney B. René Shekmer prosecuted the case.
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Kalkaska Man Pleads Guilty to Possession of Pipe BombsRead the Press Release
KALAMAZOO – U.S. Attorney for the Western District of Michigan Mark Totten announced that Terrence Wayne Vanochten, 56, pleaded guilty to a federal charge of possessing unregistered destructive devices, namely three pipe bombs.
“Today’s plea agreement demonstrates our ongoing commitment to protect the public from people who unlawfully possess destructive devices,” said U.S. Attorney Mark Totten. “Vanochten possessed these pipe bombs in clear violation of federal law, and I am grateful to the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kalkaska County Sheriff’s Office for their careful work.”
According to court documents, on August 17, 2022, Kalkaska Sheriff’s Deputies responded to Vanochten’s residence after receiving a report that he was firing a semiautomatic weapon from the home. After finding what initially appeared to be a fully automatic rifle, authorities obtained a search warrant and found three pipe bombs in an ammunition can in his home. The bombs were constructed from sections of metal pipe with screwed-on metal end caps. One end of each bomb was drilled to allow the insertion of fuse cord, a length of which Vanochten kept in the ammunition can with the bombs. When subjected to laboratory testing, the powder and fuses rapidly burned as designed. If detonated, the devices could kill, maim, or injure people through the projection of shrapnel.
Vanochten pleaded guilty today to possessing an unregistered destructive device in violation of 26 U.S.C. § 5861(d), which carries a maximum penalty of 10 years in prison. As part of his plea agreement, Vanochten will forfeit the bombs, as well as a projectile launcher attached to one of his AR-15 type rifles. The launcher also qualified as an unregistered destructive device. As a result of today’s conviction, Vanochten cannot legally possess a firearm or ammunition again. U.S. District Judge Paul Maloney has scheduled Vanochten’s sentencing for October 4, 2023, in Kalamazoo.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Nils Kessler is prosecuting the case.
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Defendant Threatened Violent, Antisemitic ActionRead the Press Release
MARQUETTE, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Seann Pietela, 19, of Pickford, Michigan was arrested by Federal Bureau of Investigation (FBI) agents and charged in a criminal complaint with transmitting a communication containing a threat to injure another.
“Antisemitic threats and violence against our Jewish communities – or any other group for that matter – will not be tolerated in the Western District of Michigan,” said U.S. Attorney Mark Totten. “Today and every day we take all credible threats seriously. I’m incredibly grateful to the FBI for their swift action to identify and arrest Pietela.”
As outlined in the complaint, Pietela is alleged to have communicated with others on Instagram and evinced a neo-Nazi ideology, antisemitism, glorification of past mass shooters, and a desire and intent to mimic past mass shooters or mass casualty events. Pietela allegedly communicated about planning to commit acts of violence to kill other people. Pietela’s home was searched earlier today, and law enforcement seized ammunition, magazines, a shotgun, a rifle, a pistol, various knives, firearms accessories, tactical vests, mask, a Nazi flag, a ghillie suit, gas masks, and military sniper/survival manuals. Also seized was Pietela’s phone, and in the notes app, he had identified a particular synagogue in East Lansing, a date, and a list of equipment.
“No American should face threats against them based on their race or religion,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “Crimes like the one alleged in this complaint have a profound effect not only on the intended target, but on their entire community. I would like to thank the Chippewa County Sheriff’s Office for their close collaboration during this investigation. Every Michigander should rest assured that law enforcement at all levels are working together to ensure that those who engage in this type of behavior see justice under the law.
The Chippewa County Sheriff's Office, TRI-county Drug Enforcement Team (TRIDENT), Upper Peninsula Substance Enforcement Team (UPSET), and Michigan State Police Emergency Services Team assisted the FBI with this case.
A copy of the complaint is attached. The charges in a complaint are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
Pietila Complaint Affidavit
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Kalamazoo Man Indicted for Distribution of Fentanyl Resulting in DeathRead the Press Release
GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that a federal grand jury in Grand Rapids returned a superseding indictment charging a Kalamazoo man with distributing fentanyl resulting in death. The indictment is attached.
“Fentanyl has tragically claimed too many lives and become a deadly menace throughout the Western District of Michigan,” said U.S. Attorney Totten. “Kalamazoo in particular has recently witnessed an unprecedented number of fentanyl-related tragedies. My office remains committed to prosecuting dealers whose sales of this dangerous drug ultimately kill members of our community.”
In the superseding indictment, the grand jury alleges that on November 23, 2022, Antjuan Pierre Jackson, 38, of Kalamazoo, distributed fentanyl that resulted in the death of a victim. The superseding indictment separately charges that, three weeks later, on December 15, 2022, Jackson possessed 40 grams or more of fentanyl and intended to distribute it. According to DEA, two milligrams of fentanyl can be a deadly dose of the drug.
“The Kalamazoo Valley Enforcement Team will continue to seek the highest charges while investigating individuals, or groups of individuals, selling illicit and sometimes deadly narcotics on our streets,” said Kalamazoo Valley Enforcement Team Captain Michael Ferguson. “We appreciate our partnership with the DEA and the U.S. Attorney’s Office. We certainly hope that this indictment will deter future decisions in continuing this criminal activity.”
Jackson is charged with distribution of fentanyl resulting in death and possession with intent to distribute 40 grams or more of fentanyl. He will be arraigned on the superseding indictment before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Michigan. If convicted of the charge of distribution of fentanyl resulting in death, Jackson faces a statutory mandatory minimum penalty of 20 years in prison with a maximum penalty up to life. The presiding judge, U.S. District
Judge Jane M. Beckering, will determine Jackson’s ultimate sentence after considering the U.S. Sentencing Guidelines and other statutory factors.The case was investigated by the Drug Enforcement Administration (DEA) and the Kalamazoo Valley Enforcement Team (KVET), and the Kalamazoo Department of Public Safety. The case is being prosecuted by Assistant United States Attorney Stephanie M. Carowan.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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New Hampshire Man Who Shipped Kilos of Fentanyl in the Mail, to Grand Rapids and Across the Country, Sentenced to PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Craig Warme, 24, of New Hampshire was sentenced to 156 months in the Bureau of Prisons after he pleaded guilty to conspiring to distribute fentanyl. U.S. District Court Judge Jane M. Beckering also ordered that when Warme is released from prison, he will be on supervised release for three years.
“Foolishly, Mr. Warme thought he could illegally operate an online store on the dark web trafficking poison across our state and country,” said U.S Attorney Totten. “My office will hold traffickers peddling drugs accountable.”
From June 2022 through December 2022, Warme operated an online store on the dark web under the username “DopeKingUSA.” Warme advertised various forms of heroin for sale on the site and mailed drug orders across the country, including to several customers and undercover investigators in Grand Rapids, using the United States Postal Service. Investigators determined that the drugs that Warme provided were actually fentanyl, not heroin, as advertised. Warme received a total of $417,355 in gross sales in the seven months his dark web store was operational. The Court found that he was responsible for trafficking more than 10 kilograms of fentanyl during that time.
“Postal inspectors work every day to prevent the flow of illicit drugs through the U.S. mail and to ensure the safety and security of the American people,” said Inspector in Charge Rodney Hopkins of the U.S. Postal Inspection Service’s Detroit Division. “This investigation and resulting sentence imposed today on Craig Warme is a testament to the commitment postal inspectors and our law enforcement partners have to identifying and seeking prosecution of individuals who are deliberately distributing deadly fentanyl into our communities. The Postal Inspection Service is committed to combatting the opioid and fentanyl epidemic by pursuing drug traffickers who attempt to exploit the distribution channels of the Postal Service while wrongly believing the dark web allows them to engage in criminal activity with anonymity.”
“This investigation clearly demonstrates the dark web does not provide a safe haven from which criminals can anonymously distribute fentanyl and other illicit drugs,” said DEA Special Agent in Charge Orville Greene. “DEA and our partners will relentlessly pursue individuals like Mr. Warme, no matter where they operate or the means by which they distribute their illicit and deadly products.”
This case was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration, with assistance from the Michigan State Police Metropolitan Enforcement Team and the New Hampshire State Police.
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Further Charges Added Against Detroit Man Held in Murder-For-Hire PlanRead the Press Release
Among Additional Charges, Defendant Allegedly Plotted to Kill a Witness Against Him
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that a grand jury has returned a Superseding Indictment against Gerald Bennett, 63, from Detroit, Michigan. In the Superseding Indictment, Bennett is charged with (1) conspiracy to commit murder for hire resulting in death, (2) kidnapping resulting in death, (3) kidnapping of a minor victim, and (4) solicitation to commit a crime of violence. If convicted of count one or two, Bennett will be sentenced to a mandatory sentence of life in prison. A copy of the indictment is attached. A previous press release on this case, with further background, was issued in April 2023.
“The allegations in this case are tragic, grave, and compelling,” said U.S. Attorney Totten. “My thoughts are very much with the victim’s family and my office looks forward to presenting the evidence against Mr. Bennett at a fair trial.”
According to the Superseding Indictment, Bennett was hired by a man named Quinn James to kill M.D., a then-16-year-old high school sophomore, who was abducted and killed in January 2018. There were initially concerns about Bennett’s competency to stand trial following his arrest on federal kidnapping charges, but a forensic psychologist from the Bureau of Prisons has determined that Bennett is competent to stand trial. A federal magistrate reviewed the psychologist’s findings and agreed.
The Superseding Indictment alleges that while the competency evaluation was pending, Bennett attempted to engage in a scheme to kill another person; Count 4 alleges that Bennett tried to hire a fellow inmate to murder an expected witness against Bennett. According to the charge, Bennett told the fellow inmate that he would fake incompetency to give the inmate time to be released from custody and complete the killing on Bennett’s behalf.
This case is being prosecuted by Assistant U.S. Attorneys Daniel Mekaru and Austin Hakes and investigated by the Grand Rapids Police Department, the Kalamazoo Department of Public Safety, and the FBI in cooperation with the Kent County Prosecutor’s Office.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
Click here to view the Indictment.###
Battle Creek Couple Sentenced on Fraud ChargesRead the Press Release
Couple charged with COVID-19, SSI, and Food Assistance Fraud; Combined Fraud $216,000
GRAND RAPIDS, MICHIGAN—U.S. Attorney for the Western District of Michigan Mark Totten today announced that Antonio and Keturah Mixon, of Battle Creek, Michigan were sentenced after pleading guilty to COVID-19 Relief, Supplemental Security Income (SSI), and Food Assistance Program fraud charges before U.S. District Judge Jane Beckering. The combined alleged fraud totals approximately $216,000, with Antonio defrauding $36,000 and Keturah defrauding $180,000. The prosecution noted that the guilty pleas represented only a portion of the fraudulent conduct the Mixons committed. Antonio was sentenced to four months in prison and Keturah was sentenced to 18 months and ordered to pay $180,000 in restitution.
“These programs were meant to protect people who had fallen on hard times,” said U.S. Attorney Mark Totten. “My office will continue to aggressively hold accountable scam artists and cheats who steal hard-earned taxpayer dollars.”
Antonio Mixon committed wire fraud by falsely claiming he was entitled to financial assistance under the federal Economic Injury Disaster Loan Program. This program was used to provide loans and grants to small businesses hurt by the economic downturn resulting from the COVID-19 outbreak. Antonio Mixon claimed that he ran Kingdom Warriors Ministry, allegedly a nonprofit organization to help children in Battle Creek. He received $36,000 in grants and loans based upon the number of his purported employees. This claim was false because Kingdom Warriors Ministry never operated, never assisted children, and had no employees. After the money arrived in the Mixons’ bank account, Keturah Mixon immediately withdrew it.
Keturah Mixon falsely obtained subsistence benefits from two federal programs: SSI and the Food Assistance Program. Both programs are meant for people experiencing economic hardships, so anyone applying for assistance must demonstrate that they financially qualify. Keturah Mixon did not qualify because she owned several parcels of real estate, ran a business, and had access to Antonio Mixon’s income, all of which disqualified her. However, she unlawfully concealed this information and received approximately $180,000 in funds.
“Ms. Mixon knowingly concealed from and failed to disclose information to the Social Security Administration (SSA) which would have made her ineligible to receive Supplemental Security Income (SSI). By doing so she abused the SSI program, a needs-based safety net for the most vulnerable among us,” said Gail S. Ennis, Inspector General for SSA. “My office will continue to work with our law enforcement partners to pursue those who defraud SSA. I want to thank the U.S. Attorney’s Office for its support of our investigation and holding Ms. Mixon accountable for her actions.”
The couple was charged with federal fraud offenses in December 2021 and pleaded guilty in January 2023.
This case was investigated by Homeland Security Investigations, Social Security Office of Inspector General, and the Michigan Department of Health and Human Services, Office of Inspector General. Prosecution was handled by Assistant United States Attorney Timothy VerHey.
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Muskegon Man Sentenced to 15 Years in Prison for Stalking His Ex-Wife and Possessing FirearmsRead the Press Release
U.S. Attorney Mark Totten Vows to Fight Gender-Based Violence
GRAND RAPIDS, MICHIGAN —U.S. Attorney for the Western District of Michigan Mark Totten announced today that Mitchell Pierce, 45, of Muskegon was sentenced to 180 months in the Bureau of Prisons after he pleaded guilty to stalking and being a felon in possession of firearms. U.S. District Court Judge Robert J. Jonker also ordered that when Pierce is released from prison, Pierce will be on supervised release for 3 years.
“Gender-based violence harms families, perpetuates social inequities, and leaves victims fearful and feeling like they have nowhere to turn,” said U.S. Attorney Totten. “As this prosecution demonstrates – one of the worst stalking cases we’ve seen in years – my office is fully committed to protecting victims and holding perpetrators accountable, especially abusers who illegally possess firearms.”
WATCH: Video of U.S. Attorney Totten speaking about this case immediately following the sentencing hearing
In August 2021, Pierce pleaded guilty to assaulting his then-wife; he was placed on probation and ordered to have no contact with her. They divorced. While the no contact order was in place, Pierce began repeatedly calling, texting, messaging, FaceTiming, and emailing his ex-wife, threatening to harm and kill her, her children, and her friends and family. Pierce also threatened to kill himself and sent images of firearms. On April 23, 2022, he sent an email that included the line “OK I got my f---ing body armor together I got my guns ready.” On April 30, he sent texts that said, “Your dead b----” and “so r your kids.”
On May 2, 2022, his ex-wife noticed a Jeep following her and pulled into a parking lot; when Pierce exited his Jeep and approached her, she struck him with her minivan and fled the scene. Police responded and searched Pierce’s rented Jeep and found a loaded pistol, two rifles, seven magazines, numerous rounds of ammunition, and a bullet-proof vest. Pierce told officers he was hoping to scare her into giving him another chance and if that did not work, had planned to commit “suicide by cop,” i.e., hold a gun and refuse to comply with commands until officers killed him.
“Everyone deserves to feel safe and be safe in their relationships with others,” said Special Agent in Charge James Deir. “The women and men at ATF and our law enforcement partners remain resolute in holding violent felons who terrorize our community members accountable.”
Below are a few of the text messages Pierce sent his ex-wife between April 22 and April 30.
Gender-based violence generally refers to any harmful threat or act directed at an individual or group based on actual or perceived sex, gender, gender identity, sex characteristics, or sexual orientation. One form of gender-based violence is stalking. This term generally refers to a pattern of repeated harassing or threatening behavior, causing fear, substantial emotional distress, or safety concerns for the victim. Stalking tactics can include approaching the victim or showing up in places when the victim does not want them to be there; following and watching a victim; sending unwanted texts, photos, emails, and messages through social media; and using technology to monitor, track, and/or spy on the victim. For more information on the stalking see the Stalking Prevention, Awareness, and Resource Center (SPARC) and the Centers for Disease Control and Prevention – Preventing Stalking.
According to the National Intimate Partner and Sexual Violence Survey – 2016/2017 Report on Stalking Updated Release (2022), nearly 1:3 women and 1:6 men reported stalking victimization at some point in their lifetime. Each year, an estimated 13.5 million period are stalked in the United States. Moreover, stalking especially impacts young people. More than half of all female victims of stalking reported that the first incident of stalking occurred before age 25.
On May 25, 2023, the White House announced a National Plan to End Gender-Based Violence: Strategies for Action. On May 30, 2023, the Department of Justice followed the release of the National Plan with a summary of several initiatives the Department is undertaking to hold perpetrators accountable and protect survivors.Victims who feel they are in imminent danger or fear a threat of harm should call 911. The following national hotlines are also available to help victims of stalking and other gender-based violence:
- Victim Connect: 1-855-4VICTIM (1-855-484-2846)
- National Domestic Violence Hotline: 1−800−799−7233 or TTY 1−800−787−3224 (or text START to 88788)
- The National Sexual Assault Hotline: 1-800-656-HOPE (4673)
This case was investigated by the Fruitport Township Police Department, the Muskegon Police Department, the Muskegon Township Police Department, the Muskegon County Sheriff, the Michigan State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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Muskegon Man Sentenced to 40 Months in Federal Prison for Illegally Possessing Destructive DeviceRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten announced that Casey Richard Newman, 40, of Muskegon, Michigan was sentenced to 40 months in federal prison by U.S. District Judge Janet T. Neff for knowingly possessing a destructive device. Destructive devices, commonly referred to as “homemade bombs,” are illegal to possess unless registered in the National Firearms Registration and Transfer Record. Newman’s destructive device was not registered as required under federal law. Judge Neff also ordered Newman to spend 3 years on supervised release after his confinement. Newman previously pleaded guilty to the offense on January 25, 2023.
“The citizens of the Western District of Michigan should be able to move about their communities without fear of harm or danger by homemade destructive devices,” said U.S. Attorney Totten. “Those who engage in these dangerous crimes will be held accountable.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Grand Rapids Police Department (GRPD). In August 2019, officers were dispatched to a residence in Grand Rapids regarding a suspicious device, which was ultimately determined to be a destructive device. The device consisted of a tape-wrapped plastic bottle that was filled with explosive powder and BBs. It was wrapped in electrical tape with a fuse at each end. No victims were harmed as the device was not detonated. The GRPD Bomb Squad made the device safe and conducted preliminary testing, and the ATF Forensic Science Laboratory conducted additional testing.
“Accountability for criminal conduct is paramount in ensuring public safety in the community. Casey Newman’s reckless actions could have resulted in an explosion that killed and injured many people while a at work,” said ATF Detroit Special Agent in Charge James Deir. “We investigated this in conjunction with our state and local law enforcement partners, and the U.S. Attorney’s Office. This partnership was essential in ensuring Newman was held accountable.”
"The conviction is a direct result of the interagency cooperation between the Grand Rapids Police Department, the ATF, and the U.S. Attorney’s Office of the Western District of Michigan,” said GRPD Captain Michael Maycroft, Bomb Squad Commander. “Although this type of investigation and conviction is a rare event in the city of Grand Rapids, it was our primary mission to take a dangerous improvised explosive device off the streets and identify the culprit before anyone got hurt.”
The case was prosecuted by Assistant U.S. Attorney Lauren F. Biksacky.
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Grand Rapids Man Sentenced to 20 Years in Federal Prison for Distributing Fentanyl That Resulted in A User’s DeathRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that U.S. District Judge Paul L. Maloney sentenced Tommy Terrell Mims, 52, of Grand Rapids, to 240 months in prison for distributing fentanyl that resulted in the death of a Kent County man, H.C., in August 2020. When Mims is released from prison, he will be on supervised release for 25 years.
“Fentanyl is deadly and continues to devastate our families and communities. This drug is so dangerous that even a trace amount can leave a user dead within minutes,” said U.S. Attorney Totten. “Mr. Mims will now serve two decades in federal prison. The U.S. Attorney’s Office is committed to investigating and prosecuting these cases to ensure that drug dealers who peddle this poison and cause death are brought to justice.”
On August 8, 2020, officers with the Grand Rapids Police Department and emergency medical personnel responded to a 911 call reporting that H.C. was unconscious and not breathing. Investigators learned that the 911 caller and H.C. purchased and used “heroin” sold by Mims the night before. The “heroin” Mims sold was actually fentanyl. The 911 caller survived, but ultimately H.C. died from fentanyl toxicity. Mims pleaded guilty to distribution of fentanyl resulting in the death of H.C. pursuant to a plea agreement with the U.S. Attorney’s Office on February 10, 2023.
“The lengthy sentence imposed on Mr. Mims reflects the seriousness of the charge to which he pled guilty,” said Orville O. Greene, Special Agent in Charge of Detroit Field Division of the Drug Enforcement Administration. “Mims actively contributed to the drug poisoning and overdose epidemic ravaging our communities and our country. This sentence should serve as a warning to those who distribute deadly drugs and place personal gain over human lives, that you will be held accountable, and the consequences of your actions will be severe.”
“The Grand Rapids Police Department Vice Unit continues to work diligently with the U.S. Attorney’s Office and the DEA to investigate and prosecute anyone distributing fentanyl in the greater Grand Rapids area,” said Lieutenant Jon Wu of the Grand Rapids Police Department Vice Unit. “This investigation and sentence illustrate the seriousness of the threat of fentanyl to the community.“
The Grand Rapids Police Department Vice Unit and the Drug Enforcement Administration investigated this case, which was prosecuted by Assistant United States Attorney Dan McGraw.
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U.S. Attorney Mark Totten, Law Enforcement Partners Announce Safe Summer 2023 Initiative to Address the Rise in Gun ViolenceRead the Press Release
Offenders Caught with Crime Guns Face Federal Prosecution
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that his office, along with law enforcement partners, is launching Safe Summer 2023. This new initiative addresses the rise in gun violence that so often accompanies the warmer summer months. Under this program, the U.S. Attorney’s Office will federally prosecute all offenders who illegally possess crime guns – namely, firearms linked to prior shooting crimes through ballistic evidence.
"Gun violence is an epidemic across America and here in Michigan that inflicts immense trauma on communities,” said U.S. Attorney Mark Totten. “This program directs the most serious consequences to the most dangerous offenders. While we’ll never prosecute our way out of this epidemic – and wrap-around prevention programs are important – we must hold violent offenders accountable for their callous actions. I am grateful to our law enforcement and community partners for their support and commitment to making our neighborhoods safer for everyone.”
WATCH: Video message from U.S. Attorney Totten announcing Safe Summer 2023
U.S. Attorney Totten will be joined by local, state, federal, and tribal law enforcement and community partners to announce the program today in a series of four press conferences across the District, with stops in Benton Harbor, Kalamazoo, Lansing, and Grand Rapids. Safe Summer 2023 kicks off today and runs through the end of September, focused on cities in the Western District of Michigan that have the highest rates of gun violence, including Benton Harbor, Benton Township, Kalamazoo, Battle Creek, Lansing, Grand Rapids, Kentwood, Wyoming, Muskegon, Muskegon Heights, and their surrounding communities.
“The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) remains steadfast in its commitment to identify and prosecute prolific shooters who commit gun violence with illegal firearms in our community,” said ATF Detroit Special Agent in Charge James Deir. “ATF’s long-standing collaborative partnerships with the U.S. Attorney’s Office, federal, state, and local law enforcement, in conjunction with ATF’s unique Crime Gun Intelligence and NIBIN capabilities, are definitive components towards making the community a safer place for everyone to live.”
“Combatting crime in the most violent areas of our state is only successful if law enforcement and community partners work together,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “The FBI contributes to the enforcement effort by strategically identifying the most violent criminals – those who commit armed robberies of businesses and who lead gangs or criminal enterprises – and to the outreach effort by engaging with schools, youth groups, and community organizations. By doing so, we are working collaboratively to ensure our neighborhoods are safer places for everyone to live and work.”
“The Benton Harbor Department of Public Safety (BHDPS) works hard to protect our residents from violent crime,” said BHDPS Director Daniel McGinnis. “The Safe Summer 2023 initiative will be another key tool as we work to take illegal guns off our streets and hold offenders accountable. We appreciate the law enforcement partnerships that will help provide safer neighborhoods within our community.”
“The Michigan State Police (MSP) is pleased to continue our partnership with local law enforcement and the U.S. Attorney’s Office for the Western District of Michigan to reduce gun violence in the Benton Harbor region, “said Capt. Michael Brown, commander of the MSP’s Fifth District. “We have committed seven full-time department members for crime prevention efforts, solving violent crimes, and community engagement initiatives.”
“As a county representative for Benton Township and co-chair of ALPACT (Allies and Leaders for Police and Community Trust), I know that we need a two-track approach: prevention and prosecution,” said Berrien County Commissioner Chokwe Pitchford. “Our community violence prevention initiatives are important to keep individuals out of jail, and I am grateful that U.S. Attorney Mark Totten is committed to prosecuting those responsible for crimes linked to dangerous weapons. We need a holistic approach to keeping our community safe and this is one step of many that is needed.”
“Every child deserves a safe community to play and just be a kid. Everyone shares in this responsibility,” said Muskegon Director of Public Safety Timothy Kozal. “The Muskegon Police Department is committed to partnering with our local, state, and federal law enforcement partners to not only advocate for our community, moreover, work tirelessly to prosecute those that choose to conspire to commit crimes with guns.”
“Reducing gun violence is a top priority for the City of Kalamazoo,” said Chief David Boysen, Kalamazoo Department of Public Safety. “The level of gun violence that we have experienced so far this year is unacceptable. We know that a small number of people drive majority of the gun violence. Safe Summer 2023 will send a clear message to them that if you choose to be a shooter in our community, we will be working closely with our federal law enforcement partners to make sure you are held accountable. I would like to thank the U.S. Attorney's Office for the Western District of Michigan for making this initiative possible. We are excited to work with our federal partners to keep Kalamazoo safe.”
“The Kalamazoo County Sheriff’s Office is a proud partner of this initiative. The Safe Summer 2023 initiative comes at a critical moment in our fight against all violence,” said Kalamazoo County Sheriff Richard Fuller. “With the U.S Attorney’s commitment to prosecute those found with a weapon that has already been used in a crime, we now have a tool that will make a significant difference in removing offenders and firearms from our neighborhoods.”
“The Lansing Police Department (LPD) is eager to partner with the U.S. Attorney's Office for the Safe Summer 2023 initiative,” said LPD Chief Ellery Sosebee. “Partnerships and collaborations such as this, make a difference in the gun violence crisis so many communities are facing.”
“I applaud U.S. Attorney Totten and his staff for partnering with us here in Ingham County to hold people accountable who use violence – specifically gun violence – to settle their differences,” said Sheriff Scott Wriggelsworth, Ingham County Sheriff’s Office. “We should all hope the initiative is a success, gauged not by an increased number of indictments, but rather a noticeable reduction in the number of shootings.”
“We’ve seen the devastation the escalation of gun violence can do to individuals, families, and our community,” said Chief Eric Winstrom, Grand Rapids Police Department. “We welcome this effort to bring the potential of federal charges to the table when possible. I appreciate U.S. Attorney Totten’s leadership in this initiative and his office’s support of law enforcement as we work to hold perpetrators of gun violence accountable.”
“This is a clear message to the few people in our communities who would use a firearm to hurt another person,” said F/Lt. Matt Williams, Commander of the MSP Grand Rapids Post. “Any gun violence will result in dire consequences.”
Gun violence is an acute problem across the United States. According to the Centers for Disease Control and Prevention, the U.S. firearm homicide rate in 2021 was the highest documented since 1993. While the numbers have slightly declined since 2021, they remain high.
In 2021, for the first time ever, firearm-related injuries became the leading cause of death for American children, ages 1-19, according to the New England Journal of Medicine (see also here).
While gun violence has the potential to impact everyone, recent studies show that gun violence has a disparate impact on people of color. For example, a recent study reported in the Journal of the American Medical Association, shows that the disparity in shooting injuries among children before and after the pandemic in four major cities approximately tripled as between white children and children of color (Black, Hispanic, Asian).###
Grand Rapids Man Sentenced to 12 Years in Prison After Shooting Near Southeast Grand Rapids High SchoolRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten for the Western District of Michigan announced today that U.S. District Judge Robert J. Jonker sentenced Donte Matthews to 120 months in prison for possession with intent to distribute fentanyl and other drugs within 1,000 feet of a public high school. Matthews was on supervised release for a previous federal offense and Judge Jonker imposed an additional 30 months to be served consecutively for violating the terms of his supervision.
“Gun violence and illegal drugs like fentanyl are devastating to our communities,” said U.S. Attorney Mark Totten. “It is also particularly troubling that a shooting and drug trafficking occurred near a school. My office is committed to enforcing federal gun and drug laws to hold offenders accountable and protect our communities.”
In the early morning of August 12, 2022, Grand Rapids Police Department officers were patrolling southeast Grand Rapids when they heard multiple gunshots. The officers drove in the direction of the shooting and saw a white Chevrolet Suburban spin out and crash in the parking lot of Southeast Career Pathways, a Grand Rapids public high school. As police approached, additional shots were fired. Officers observed two subjects flee the Suburban on foot after the crash. The defendant, Donte Matthews, exited the driver’s side of the vehicle and was apprehended attempting to climb a fence. At the time, Matthews was on supervised release for a prior federal drug trafficking charge. In his waistband, police found a stolen Springfield XD 9 mm pistol, which had only two rounds in it: one in the magazine and one in the chamber. Crime scene technicians found twelve spent 9 mm casings in the street from which Matthews’s vehicle had travelled and where officers first heard the shooting. Inside the crashed vehicle that Matthews had been driving, police found bags containing fentanyl, cocaine, and a digital scale.
The Grand Rapids Police Department and Drug Enforcement Administration investigated the case. The case was prosecuted by Assistant United States Attorney Vito S. Solitro.
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Frankfort Resident Facing Federal Charges for Tampering and Vandalism at Sleeping Bear Dunes National LakeshoreRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that his office has filed charges against Andrew Blair Howard, 62, of Frankfort, Michigan. Howard is charged with one count of tampering and one count of vandalism at Sleeping Bear Dunes National Lakeshore on August 15, 2022.
“These allegations of tampering and vandalism by a man-made diversion of water at Platte River are disturbing,” said U.S. Attorney Totten. “The Sleeping Bear Dunes National Lakeshore and the Great Lakes are national gems, and my office takes preserving our natural treasures very seriously.”
In mid-August, National Park Service law enforcement officers investigated reports of diversion of the waters of the Platte River within the Sleeping Bear Dunes National Lakeshore, along the northwest coast of the Lower Peninsula.
“Sleeping Bear Dunes National Lakeshore was created in 1970 to preserve and protect this amazing place,” said Superintendent Scott Tucker. “The National Park Service appreciates the support of the U.S. Attorney's Office in enforcing the laws that help protect this place for future generations.”
The charges against Howard are merely accusations, and a defendant is presumed innocent unless and until proven guilty in a court of law. These charges carry a maximum penalty of up to 6 months’ imprisonment, up to a $ 5,000 fine, up to 5 years’ probation, and mandatory restitution. Any sentence, however, would be determined at the discretion of the U.S. District Court.
This case is the product of an investigation by the National Park Service law enforcement officers. Assistant United States Attorney Lauren F. Biksacky is prosecuting this case on behalf of the United States.
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Grand Rapids Physician Pays over $135,000 for Allegedly Using Foreign, Unapproved Botox to Treat Medicare BeneficiariesRead the Press Release
GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that Derek Lado, D.O., and his Grand Rapids practice, Elite Medical Spine & Musculoskeletal Center PLLC (Elite), have agreed to pay $135,871.84 to resolve allegations that they violated the False Claims Act by using foreign, unapproved Botox to treat Medicare beneficiaries and then billing Medicare for those services.
“Patients deserve the confidence that their medical practitioners are following the rules to keep them safe,” said U.S. Attorney Mark Totten. “If you cut corners by using foreign drugs that have not been approved by the FDA as safe and effective to treat our Medicare population, there will be consequences.”
The United States alleged that Dr. Lado and Elite treated patients with Botox (onabotulinumtoxinA), a drug administered by injection that the U.S. Food and Drug Administration (FDA) has approved for a variety of treatments. However, beginning in August 2018, Dr. Lado and Elite began to purchase and use foreign, unapproved onabotulinumtoxinA for these treatments in order to cut costs. Government officials seized numerous packages of the foreign, unapproved drugs en route to Elite, and they warned the practice that it was importing adulterated and misbranded drugs. Despite these warnings and Medicare rules that the program denies coverage of drugs that have not received approval from the FDA, Dr. Lado knowingly used these foreign, unapproved drugs to treat Medicare beneficiaries and billed Medicare for those services.
“Providers can place patients at risk of harm through the importation and use of unapproved drugs,” said Mario M. Pinto, Special Agent in Charge at the Department of Health and Human Services, Office of Inspector General (HHS-OIG). “Protecting the safety of Medicare and Medicaid patients is crucial, and HHS-OIG is committed to ensuring that taxpayer dollars are not used for unapproved, potentially dangerous medical substances, that put patients at risk.”
“The FDA requirements are designed to ensure the safety, efficacy, and quality of drugs distributed to American consumers,” said Special Agent in Charge Ronne L. Malham, FDA Office of Criminal Investigations (FDA-OCI) Chicago Field Office. “We commend the efforts of the Department of Justice to protect the public health and hold accountable those who place profits over patient safety.”
“We will continue to work with our partners to prioritize the safety of our Michigan residents,” said Detroit Special Agent in Charge Angie M. Salazar, Homeland Security Investigations (HSI). “Unregulated goods, more importantly those used in medical treatments, present a variety or dangers and risks that no patient should be subject to.”
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of Michigan, HHS-OIG, FDA-OCI, and HSI. Assistant U.S. Attorney Andrew J. Hull prosecuted this matter.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
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Kalamazoo Man Convicted at Trial of Federal Drug and Gun CrimesRead the Press Release
Case Represented the Largest Seizure of Fentanyl in the Kalamazoo AreaGRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that after a three-day trial, a jury convicted Tyrone Henderson (50) of Kalamazoo, Michigan, of the crimes of possession with intent to distribute fentanyl, heroin, and methamphetamine and for being a felon in possession of firearms. Henderson was originally arrested upon a criminal complaint on November 15, 2022, and was subsequently indicted by the Grand Jury on December 6, 2022.
“Fentanyl and other illicit street drugs pose an extreme danger to our loved ones,” said U.S. Attorney Mark Totten. “We are in a fight to save lives, and my office, in coordination with our local and federal partners, is committed to disrupting the distribution of fentanyl, illegal drugs, and guns into our communities.”
Henderson faces a mandatory minimum term of 10 years in federal prison, although his advisory range under the U.S. Sentencing Guidelines will be much higher. According to the Kalamazoo Valley Enforcement Team, at the time of the seizure, this represented the largest seizure of fentanyl in the Kalamazoo area. Henderson will be sentenced sometime later this year.
The Kalamazoo Valley Enforcement Team (KVET), a multi-jurisdictional narcotics task force, had an ongoing investigation of Henderson for his involvement with fentanyl and methamphetamine distribution in Kalamazoo. KVET obtained a warrant to search Henderson’s residence and executed it on November 10, 2022. A search of the residence yielded 2.3 kilograms of pure fentanyl, 1.3 kilograms of a heroin and fentanyl mixture, 516 grams of heroin, and 489 grams of methamphetamine. Much of the methamphetamine seized from Henderson’s residence was in pill form, disguised to look like the party drug ecstasy. Henderson’s residence also contained four assault rifles; ten magazines, nine of which were loaded and fit the assault rifles; ammunition; a handgun; digital scales; presses; and other implements used for processing narcotics. Two of the seized firearms were reported stolen to the Kalamazoo Department of Public Safety. Henderson has multiple prior felony convictions and is prohibited from possessing firearms.
The investigation of Henderson was handled by the U.S. Drug Enforcement Administration and the Kalamazoo Valley Enforcement Team. Assistant U.S. Attorneys Joel S. Fauson and Austin J. Hakes prosecuted the case.
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Kent County Man Indicted for Sex Trafficking of A ChildRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced that Terrence Clay, age 39, of Kent County, has been indicted in federal court for sex trafficking and attempted sex trafficking of a child, sexual exploitation of a child, and distribution of child pornography.
“These sexual exploitation and child pornography allegations are extremely disturbing and very serious,” said U.S. Attorney Mark Totten. “My office is committed to protecting our children as our youngest and most vulnerable citizens.”
Clay was previously charged in state court for related offenses including human trafficking, child sexually abusive activity, two counts of using a computer to commit a crime, and two counts of possession of child sexually abusive material. Clay’s state charges were dismissed due to his federal prosecution.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. The U.S. Attorney’s Office for the Western District of Michigan; county prosecutor’s offices; HSI; Michigan State Police’s Internet Crimes Against Children task force; the West Michigan Based Child Exploitation Task Force (WEBCHEX); and federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. Anyone with information or concerns about possible child exploitation should contact local law enforcement. For more information about Project Safe Childhood in West Michigan, including resources for children and parents, please visit: https://www.justice.gov/usao-wdmi/project-safe-childhood.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Please note: A copy of the indictment is attached. Click here.
Justice Department Strengthens Efforts to Address the Crisis of Missing or Murdered Indigenous PersonsRead the Press Release
U.S. Attorney Totten attends May 5th MMIP Awareness Day Event
GRAND RAPIDS, MI – U.S Attorney for the Western District of Michigan Mark Totten and the Justice Department joins its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5, 2023 as National Missing or Murdered Indigenous Persons Awareness Day. Responding to the unacceptable levels of violence that have led to the crisis of Missing or Murdered Indigenous Persons (MMIP) is a priority of the Department of Justice every day.
“Today is a day of remembrance and commitment,” said Mark Totten, U.S. Attorney for the Western District of Michigan. “We remember the all-too-many victims of violence in our tribal communities and the families and friends who are affected, as well. And we commit to addressing this crisis by bettering our systems, strengthening our partnerships, increasing our resources, and bolstering our resolve to address this epidemic of missing and murdered indigenous persons.”
U.S. Attorney Totten today participated in the 2023 March for MMIP at Ah-Nab-Awen Park in downtown Grand Rapids to bring awareness and educate the public on missing and murdered indigenous persons.
The event was organized by several Michigan tribes, including the Gun Lake Tribe, the Pokagon Band of Potawatomi, and the Nottawaseppi Huron Band of the Potawatomi.
The U.S. Attorneys for the Western and Eastern Districts of Michigan respectively, announced the appointment of Joel Postma to serve as the MMIP Coordinator for the two districts, providing instrumental assistance to the tribes in developing their Tribal Community Response Plans. As the MMIP Coordinator for both districts, Postma responds to MMIP issues affecting each of the 12 Tribes in the state (11 of the Tribes are in the Western District).
He is one of several such coordinators around the country appointed by the Department of Justice. He gathers reliable data to identify MMIP cases connected to Michigan, conducts outreach with Tribal communities to understand the challenges revealed through past experience, coordinates with Tribal, federal, state and local law enforcement in the development of protocols and procedures for responding to and addressing MMIP, provides training and assistance and promotes improved data collection and analyses throughout Michigan.
The department’s work to respond to the MMIP crisis is a whole-of-department effort that takes many forms. One year ago today, Deputy Attorney General Lisa Monaco joined Secretary of the Interior Deb Haaland to launch the Not Invisible Act Commission, a joint Commission established by the Not Invisible Act with an essential mission — to reduce violence against American Indians and Alaska Natives. In February, they welcomed the first in-person plenary meeting of the Not Invisible Act Commission. Since then, the department’s representatives on the commission—who are department leaders and subject matter experts—have participated in the Commission’s field hearings, which will continue through the summer. Later this year, the Commission will deliver recommendations for addressing the MMIP crisis to the Attorney General and the Secretary. In addition to supporting the Not Invisible Act Commission, the department remains steadfast in its commitment to addressing the MMIP crisis.
“The Justice Department is marshalling the full strength of its resources to confront the crisis of Missing or Murdered Indigenous Persons, which has devastated the lives of victims, their families, and entire Tribal communities,” said Attorney General Merrick B. Garland. “Addressing this crisis requires a whole-of-government approach, and we are grateful for the partnership of Tribal and other law enforcement agencies across the nation that are working alongside the Justice Department to help reduce crime and support victims in American Indian and Alaska Native communities.”
“Missing or Murdered Indigenous Persons Awareness Day calls on our nation to pause and honor the loved ones who have gone missing or who have been the victims of violent crime,” said Deputy Attorney General Lisa O. Monaco. “Acknowledging the many American Indian and Alaska Native people who have suffered, and continue to suffer, from the pain of a missing loved one or of violent crime serves as an important reminder of the urgency and importance of the department’s work to respond to the crisis of missing or murdered indigenous persons. The Justice Department—including our dedicated agents, analysts, and prosecutors—remains steadfast in our pledge to work as partners with Tribal governments in preventing and responding to the violence that has disproportionately harmed Tribal communities.”
“The Justice Department is committed to using every resource at its disposal to combat the Missing or Murdered Indigenous Persons Crisis,” said Associate Attorney General Vanita Gupta. “In addition to our core law-enforcement work, we are providing grant funding and guidance to help Tribes develop response plans for missing-persons cases, partner effectively with local law enforcement, and provide resources for victims of crime.”
Department Prioritization of MMIP Cases
In July 2022, Deputy Attorney General Monaco issued a memorandum reiterating that it is a priority of the Department of Justice to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives, and relatedly, the high rates of indigenous persons reported missing. The memorandum directed each United States Attorney with Indian country jurisdiction — along with their law enforcement partners at DOJ — to update and develop new plans for addressing public safety in Indian country.
Publication of Updated Attorney General Guidelines for Victim and Witness Assistance
In October 2022, Attorney General Merrick B. Garland issued revised Attorney General Guidelines for Victim and Witness Assistance. The revised guidelines, which was updated for the first time in a decade, address when and how department employees work with victims and witnesses of crime to ensure that their voices are heard and that they are protected during criminal justice proceedings. For the first time the guidelines include cultural and linguistic considerations for victims from American Indian and Alaska Native communities.
National Native American Outreach Services Liaison
Last year, the department announced the creation of a new National Native American Outreach Services Liaison. Since that announcement, the Liaison has begun to help amplify the voice of crime victims in Indian country and their families across the department as they navigate the federal criminal justice system. In the coming months, the Liaison will meet with survivors and family members of MMIP to learn more about the current challenges in MMIP cases and to make recommendations about the department’s continued response.
Federal Law Enforcement Strategy to Prevent and Respond to the MMIP Crisis
In July 2022, the Department of Justice and the Department of the Interior submitted a report pursuant to Sections 2 and 4(a) of Executive Order 14053, which called for “coordinated and comprehensive Federal law enforcement strategy to prevent and respond to violence against Native Americans, including to address missing or murdered indigenous people where the federal government has jurisdiction.” The report was published late last year and is available on the department website here.
Guide for Tribal Community Response Plans for Missing Persons Cases
In December 2022, the department published a Guide to Developing a Tribal Community Response Plan for Missing Persons Cases. This Guide is a resource for Tribes interested in developing a plan to respond to missing person cases that is tailored to the specific needs, resources, and culture of Tribal communities.
Launch of the COPS Office Tribal MOU/MOA Resource Library
On Monday of this week, the department’s Office of Community Oriented Policing Services (COPS) published its Tribal Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA) Sample Resource Library. This library provides users with the resources to research and successfully draft agreements that will help agencies develop and solidify partnerships to address missing or murdered Indigenous persons cases.
Expanded Scope of the Tribal Victim Services Set-Aside Grant Program
The department’s Office for Victims of Crime (OVC) expanded the scope of allowable activities under its Tribal Victim Services Set-Aside (TVSSA) grant program to permit Tribal communities to pay for costs related to generating awareness of individual missing persons cases involving American Indians and Alaska Native persons, supporting private search efforts for missing American Indians and Alaska Native persons in certain circumstances, and supporting efforts to coordinate the Tribal, state, and federal response to MMIP cases.
Government-to-Government Tribal Consultation on Violence Against Women
In September 2022, the department’s Office of Violence Against Women (OVW) held the 17th Annual OVW Government-to Government Tribal Consultation on Violence Against Women in Anchorage, Alaska. OVW is responsible for conducting annual government-to-government consultations with the leaders of all Federally recognized Indian Tribal governments on behalf of the Attorney General. The 2022 Tribal consultation report is available here.
National Institute of Justice Study of MMIP Cases in New Mexico
Last year, the department’s National Institute of Justice (NIJ) funded a study that will provide vital information regarding the prevalence and context of cases of MMIP in New Mexico and, importantly, will inform long-term data collection, analysis, and reporting strategies on MMIP cases. These improvements will support data-driven decision-making regarding MMIP in New Mexico moving forward.
Additional Department of Justice Resources
For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.
Click here for more information about reporting or identifying missing persons.
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Three Nigerian Men Awaiting Extradition for Committing Sexual ExtortionRead the Press Release
Charge for causing the death of a 17-year-old Marquette boy
MARQUETTE, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced the unsealing of a federal indictment charging three Nigerian men with sexually extorting numerous young men and teenage boys in the Western District of Michigan and across the United States and charging one of them with causing the death of Jordan DeMay, of Marquette, Michigan. On March 25, 2022, 17-year-old DeMay was found dead from a self-inflicted gunshot wound. His death prompted an investigation by the Marquette County Sheriff’s Department and the Federal Bureau of Investigation, which culminated in the indictment unsealed today.
“Sextortion is a horrible crime that can leave especially younger victims feeling ashamed with nowhere to turn,” said U.S. Attorney Mark Totten. “My heart goes out to the family of Jordan DeMay. Nothing can bring Jordan back, but my office is committed to securing justice and, alongside Jordan’s family, sending an urgent warning so others can protect themselves and their families. We will travel the world to hold the perpetrators of these crimes accountable.”
“Financial sextortion is a global crisis that impacts teens in our country and around the globe,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “That’s why the FBI is working hand in hand with our domestic and international law enforcement partners to prevent youth from becoming victims of this tragic crime and to hold those who target our teens in this manner accountable – no matter where in the world they may be.”
“Our focus going forward is to bring more awareness to children, young adults, and parents. Our family has forever been changed by this heinous crime and our objective is to prevent another individual from being victimized,” said the DeMay family. “Kids, teenagers, and even adults can be a target of sextortion. We urge you to have discussions about this and have a plan for your children to reach out if it does happen to them.” The family added, “Jordan will never be forgotten. He will forever be in our hearts and will drive us forward to share his story and help others.
Click here for a copy of the full statement by the DeMay family.Overview of Federal Charges
Click here for a copy of the indictmentThe defendants, Samuel Ogoshi, 22, Samson Ogoshi, 20, and Ezekiel Ejehem Robert, 19, all of Lagos, Nigeria, are charged in a four-count indictment:
- Count 1 charges Samuel Ogoshi with Sexual Exploitation and Attempted Sexual Exploitation of a Minor Resulting in Death in association with the death of Jordan DeMay. The charge carries a maximum penalty of life in prison and a statutory mandatory minimum of 30 years in prison.
- Count 2 charges all three men with Conspiracy to Sexually Exploit Minors by causing the minors to produce child pornographic images that the defendants then used to blackmail the minors. The charge carries a maximum penalty of 30 years in prison and a mandatory minimum of 15 years in prison.
- Count 3 charges all three men with Conspiracy to Distribute Child Pornography for sending the child pornography images to the minors, as well as their families and friends. The charge carries a maximum penalty of 20 years in prison and a mandatory minimum penalty of 5 years in prison.
- Count 4 charges Conspiracy to Commit Stalking Through the Internet for engaging in this sextortion scheme as it relates to both minors and young adults. The charge has a maximum penalty of 5 years in prison.
All charges have provisions for fines, restitution, and supervised release after their release from prison.
Additional Allegations in the Federal Indictment
The grand jury alleges that the defendants bought hacked social media accounts and used the accounts to pose as young women to lure teenage and young adult males into sexual chats. One of the accounts used was an Instagram account bearing the user name “dani.robertts”, which communicated with Jordan DeMay shortly before his death. After initiating chat conversations with the victims, the defendants simultaneously used Google and other online applications to research information about the victims, including where the victims lived, where they went to school or worked, and who their family and friends were.
The grand jury alleges that the defendants then solicited their victims to produce and send sexually explicit images of themselves. Once the defendants received sexually explicit images, they created collages that included the sexually explicit image alongside other images of the victims from social media, including images of the victims’ school, family, and friends. The defendants then threatened to disclose the collages to others, including the family, friends, and classmates, of their victims via social media unless the victims paid money. The grand jury alleges the defendants engaged in this extortion and attempted extortion of more than 100 people.
The grand jury alleges that on March 25, 2022, after DeMay was induced to send a naked picture of himself, Samuel Ogoshi used the dani.robertts account to extort him:
dani.robertts: I have screenshot all ur followers and tags can send this nudes to everyone and also send your nudes to your Family and friends Until it goes viral… All you’ve to do is to cooperate with me and I won’t expose you
dani.robertts: Are you gonna cooperate with me
dani.robertts: Just pay me rn [Just pay me right now]
dani.robertts: And I won’t expose you
Victim 1: How much
dani.robertts: $1000
After DeMay paid $300, Samuel Ogoshi made more threats.
dani.robertts: Goodbye
dani.robertts: Enjoy your miserable life
Victim 1: I’m kms rn [I’m kill myself right now]
Victim 1: Bc of you [Because of you]
dani.robertts: Good
dani.robertts: Do that fast
dani.robertts: Or I’ll make you do it
dani.robertts: I swear to God
The grand jury alleges that also on March 25, 2022, after Victim 2 was induced to send naked picture of himself, the following messages were exchanged with Victim 2:
dani.robertts: Pay me rn [Pay me right now]
dani.robertts: $800
dani.robertts: And I’ll end this
dani.robertts: Deal or no deal
Victim 2: I don’t have that kind of money
dani.robertts: Haha
dani.robertts: I love this
. . .
Victim 2: I have $50 in venmo and a $100 cash
dani.robertts: Dude
dani.robertts: Now goodbye
dani.robertts: Enjoy your miserable life
Victim 2: Why
dani.robertts: I’ll make this go viral
On March 26, 2022, the following messages were exchanged with Victim 2:
dani.robertts: I will make you regret you life
dani.robertts: I will make u commit suicide
dani.robertts: I promise you I swear
Coordination with Nigerian Law Enforcement
Earlier this year, agents from FBI Michigan travelled to Nigeria to conduct a cooperative investigation with Nigerian law enforcement officials. The Economic and Financial Crimes Commission (EFCC), a Nigerian law enforcement agency, arrested Samuel Ogoshi, Samson Ogoshi and Ezekiel Robert. The three men are facing extradition to the United States to face prosecution. The timeline for their extradition and a date for their appearance in the United States is unknown. The FBI referred information to the EFCC regarding three additional Nigerian males involved in this same sextortion ring. These individuals were arrested by the EFCC. The EFCC is one of Nigeria’s national investigative agencies and is responsible for the investigation of all financial crimes, including extortion, fraud, money laundering, and corruption. The cooperation and assistance of the EFCC was essential in apprehending the defendants. U.S. Attorney Totten extends his appreciation and thanks to the EFCC and the Nigerian authorities for their important partnership in this case.
“International cooperation is critical. In the last two years, this coordination has strengthened efforts connected with the extradition, deportation, and mutual legal or other assistance between Nigeria and the United States involving Economic and Financial Crimes,” said EFCC Chairman Abdulrasheed Bawa. “We wish to express our sincere and immense appreciation to the EFCC and the Cyber Crime Team for the cooperation and significant contribution towards the prevention and detection of trans-national crimes.”
U.S. Attorney Totten and SAC Tarasca thanked the following Nigerian partners and institutions for their assistance with this case: Honorable Chairman Chief Executive Abdulrasheed Bawa, Economic and Financial Crimes Commission; Assistant Director and Head of the International Cooperation Department Antoinette Oche-Obe, Central Authority Unit, Office of the Attorney General - Ministry of Justice; Director of Operations Abdulkarim Chukkol, Economic and Financial Crimes Commission; and Principle Prosecutor Pius Akutah, Central Authority Unit, Office of the Attorney General - Ministry of Justice; Nigeria’s Federal Ministry of Justice, Nigeria’s Economic and Financial Crimes Commission (EFCC); the Central Authority Unit of Nigeria’s Ministry of Justice; and the Attorney General of the Federal Republic of Nigeria.
What is Sexual Extortion?
Sexual extortion or “sextortion” can take many forms. Through various ruses and exploits, victims are lured to share compromising images or engage in compromising conversations. Girls and women are often extorted to produce more sexually explicit pictures, while boys and men are commonly extorted for money. In all cases, the perpetrators use embarrassment and shame with the threat of disclosure to leverage what they want. The sextortion can cause enormous stress and crisis for victims.
Meta Platforms, Inc., the parent company of Facebook and Instagram, has been a good partner in this investigation, providing important information in a timely manner.
“We want teens to have safe, positive experiences online, and we work to help prevent and stop criminals from targeting them with sextortion schemes. This includes cooperating with law enforcement to help protect vulnerable teens from these horrific crimes and bring their perpetrators to justice. In addition to the work we do to protect teens from sextortion, we also helped found NCMEC’s TakeItDown, which allows teens to stop the spread of their intimate images online,” said Antigone Davis, Global Head of Safety at Meta.
Meta offers the following safety tips if you are a teen or the parent of a teen who finds themself in this situation, you can take quick steps to protect yourself:
- Stop engaging with the person harassing you
- Block their account to limit further interactions
- Report them within the app immediately
- Tell a trusted friend or parent what’s happening
- Go to TakeItDown.NCMEC.org to prevent your intimate images from being spread online
- Talk to law enforcement if you feel you’ve been taken advantage of.
Safety Tips and Resources for Victims, Teens, and Parents
To kids and teens experiencing sexual extortion or something like it: this is not your fault. You can get through this, even if it seems scary and overwhelming. The FBI provides the following tips on how people can protect themselves from sextortion schemes:
- Be selective about what you share online. If your social media accounts are open to everyone, a predator may be able to figure out a lot of information about you.
- Be wary of anyone you encounter for the first time online. Block or ignore messages from strangers.
- Be aware that people can pretend to be anything or anyone online. Videos and photos are not proof that people are who they claim to be. Images can be altered or stolen. In some cases, predators have even taken over the social media accounts of their victims.
- Be suspicious if you meet someone on one game or app and that person asks you to start talking on a different platform.
- Be in the know. Any content you create online—whether it is a text message, photo, or video—can be made public. And nothing actually “disappears” online. Once you send something, you don’t have any control over where it goes next.
- Be willing to ask for help. If you are getting messages or requests online that don’t seem right, block the sender, report the behavior to the site administrator, or go to an adult. If you have been victimized online, tell someone. Being a victim of sextortion is not your fault. You can get through this challenge, even if it seems scary and overwhelming. There are people who want to help.
If you have information about or believe you are a victim of sextortion, contact your local FBI field office, call 1-800-CALL-FBI, or report it online at http://tips.fbi.gov. This FBI PSA and National Center for Missing and Exploited Children PSA share survivor stories and resources for individuals to get help. More FBI sexual extortion resources are available here.
Law Enforcement Coordination
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case is being prosecuted by Assistant U.S. Attorneys Daniel Mekaru and Davin Reust, and investigated by the FBI, the Marquette Sheriff’s Department, and the Michigan State Police Cybercrimes Unit in Marquette with the cooperation and assistance of the Economic and Financial Crimes Commission of Nigeria. The U.S. Department of Justice, Office of International Affairs, and the U.S. Department of State assisted in seeking the extradition of the defendants.
The charges in an indictment are merely accusations, and the defendants are presumed innocent until and unless proven guilty in a court of law.
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Three Companies and Eleven Individuals Charged in Major Clean Air Act CaseRead the Press Release
Defendants Accused of Disabling Emissions Controls on Semi-Trucks; Some Plea Agreements Signed, Investigation Ongoing in One of the Largest Cases of Its Kind
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that three companies and eleven individuals have been charged with violating the Clean Air Act in an aftermarket scheme to disable the emissions control systems of semi-trucks. While the investigation is ongoing, even now this case is one of the largest of its kind ever charged in the United States. The corporate defendants are Diesel Freak LLC, of Gaylord, and Accurate Truck Service, LLC, and Griffin Transportation, Inc., of Grand Rapids.
“Today’s criminal charges send a loud message of accountability to polluters who flout our environmental laws,” said U.S. Attorney Totten. “These rules not only protect the planet; they also protect people – especially the most vulnerable. They safeguard the water we drink, the lakes we fish, and the air we breathe. To the owners and drivers of the vehicles that participated in this scheme and are now spewing harmful pollutants: get them fixed now.”
The individual defendants are:
Defendant
Age
City
Ryan Lalone
47
Gaylord
Wade Lalone
44
Gaylord
Dustin Rhine
32
Indian River
James Sisson
42
Mt. Pleasant
Douglas Larsen
51
Wayland
Craig Scholten
58
Byron Center
Ryan Bos
45
Grandville
Robert Swainston
50
Hopkins
Randy Clelland
33
Grand Rapids
Scott DeKock
45
Hudsonville
Glenn Hoezee
55
Howard City
The three companies, Ryan Lalone, Wade Lalone, Douglas Larsen, Craig Scholten, Ryan Bos, Robert Swainston, Randy Clelland, Scott DeKock, and Glenn Hoezee have all signed plea agreements indicating their intent to plead guilty to a felony information. Dustin Rhine and James Sisson were indicted by a federal grand jury. Arraignments and change of plea hearings will occur on dates to be set by the U.S. District Court.
According to public records filed in the case, Ryan Lalone owns Diesel Freak LLC and Wade Lalone, Rhine, and Sisson were employed there. Accurate Truck Service, LLC, is owned by Larsen, Scholten, and Bos, and Swainston and Clelland were employed there. Griffin Transportation, Inc., is owned by Scholten and Bos. DeKock used to own a shipping company, at which Hoezee was employed.
Accurate Truck Service, LLC, removed or altered the hardware components of vehicles with heavy-duty diesel engines, which components controlled the vehicles’ emissions. Diesel Freak LLC reprogrammed the engine computers of the vehicles so that they would continue to function even after the hardware was removed or altered. This process is sometimes referred to as a “deletion,” that is, “deleting” the emissions controls from the vehicles. “Deleting” emissions controls from the vehicles can improve performance and fuel economy and save maintenance costs. Tampering with or removing emissions controls can drastically increase the emissions of nitrogen oxides, particulate matter, carbon monoxide, and non-methane hydrocarbons found in vehicle exhaust. Exposure to and inhalation of these chemicals at greater levels is associated with serious health risks.
Griffin Transportation, Inc., and the company DeKock formerly owned engaged Accurate Truck Service, LLC, and Diesel Freak LLC to “delete” trucks owned, operated, or leased by the companies. During the conspiracy, Diesel Freak LLC was involved in at least 362 deletions; Accurate Truck Service, LLC, in at least 83 deletions; Griffin Transportation, Inc., in at least 12 deletions; and DeKock’s former company in at least 4 deletions. Accurate Truck Service, LLC, and Griffin Transportation, Inc., have agreed to pay a combined $1 million fine. Diesel Freak LLC has agreed to pay a $750,000 fine subject to defense arguments regarding inability to pay. Any fine is a part of the criminal sentence and ultimately within the discretion of the sentencing judge.
“By illegally tampering with emissions controls on diesel trucks operating throughout the United States and Canada, defendants caused the excessive release of diesel exhaust containing toxic gases and impurities harmful to public health and the environment,” said Acting Special Agent in Charge Richard Conrad of the U.S. Environmental Protection Agency’s Criminal Investigation Division (“EPA-CID”). “This case highlights EPA and our law enforcement partners’ continued efforts to prosecute those who violate environmental and public health laws in the U.S. for financial gain.”
The charges in an indictment are merely accusations and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt. A conviction for conspiracy is subject to a prison term of up to five years and a fine of up to $250,000 for an individual, $500,000 for an organization, or twice the gain from the offense, among other penalties. A conviction for violating the Clean Air Act carries a prison term of up to two years and the same fines, among other penalties.
The purpose of the Clean Air Act is, among other things, “to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population.” In passing the Act, Congress found that “the increasing use of motor vehicles[] has resulted in mounting dangers to the public health and welfare.”
U.S. Attorney Totten also noted that those with information about other companies and individuals involved in tampering with emissions controls in connection with this investigation can contact EPA-CID at (734) 214-4913. General environmental violations can be reported to EPA through the website https://echo.epa.gov/report-environmental-violations.
EPA-CID is investigating the matter with assistance from Homeland Security Investigations, the U.S. Department of Transportation, Office of Inspector General, and the Michigan Department of Natural Resources, Environmental Investigation Section. Assistant U.S. Attorney Justin M. Presant is prosecuting the cases.
Diesel Freak LLC - Felony Information - File Stamped Copy
Plea Agreement - Accurate Truck Service and Griffin Transportation
Plea Agreement - Craig Scholten
Plea Agreement - Diesel Freak LLC
Plea Agreement - Douglas Larsen
Plea Agreement - Glenn Hoezee
Plea Agreement - Randy Clelland
Plea Agreement - Robert Swainston
Plea Agreement - Ryan Bos
Plea Agreement - Ryan Lalone
Plea Agreement - Scott Dekock
Plea Agreement - Wade Lalone###
Alleged Kidnapper Competent to Stand TrialRead the Press Release
Evidence Shows Defendant Faking Incompetency
GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten for the Western District of Michigan today announced that U.S. Magistrate Judge Ray Kent found Gerald Bennett, 63, of Detroit, competent to stand trial for kidnapping a minor in 2018.
“Today’s ruling is an important step forward,” said U.S. Attorney Totten. “My office is prepared to prove these allegations against Mr. Bennett as we seek justice for the victim’s family.”
In August of 2022, a federal grand jury charged Bennett with kidnapping a minor in 2018. Bennett’s trial was subsequently delayed so he could undergo an evaluation for mental competency.
During today’s hearing, Judge Kent considered evidence prepared by Dr. Leticia Armstrong, a forensic psychologist from the Bureau of Prisons. Dr. Armstrong concluded that Bennett understood the nature of the proceedings against him and was able to participate in his own defense. The court noted Dr. Armstrong’s finding that, “there is evidence to suggest the defendant is feigning symptomology, or exaggerating, with the goal of being found incompetent to stand trial . . . .” As Dr. Armstrong explained in her report, Bennett’s “attempt to feign and exaggerate during the current evaluation evidenced higher ordered, complex thinking.” After considering this evidence, Judge Kent ruled that Bennett was competent.
The Court’s ruling allows the case to proceed to trial. If convicted of the offense, Bennett will face a minimum term of 20 years and a maximum of life in prison. If released from prison, Bennett must serve at least 5 years on supervised release and could spend the rest of his life under the court’s supervision.
The court’s ruling is the most recent event in a case that has been unfolding since 2017. The Kent County Prosecutor’s Office charged Gerald Bennett and Quinn James with murder of the minor victim in a related case. James proceeded to trial and was convicted of both the rape and murder of the minor victim, and he was sentenced to life in prison without the chance of parole. After considering conflicting expert testimony, the judge presiding over the case found Bennett was mentally impaired and adjudicated him incompetent. Afterwards, Bennett’s state charges were dismissed, and he was freed without conditions in March of 2022.
The case was then referred to the FBI and the U.S. Attorney’s Office for consideration of federal charges. In July 2022, Bennett was arrested on a federal criminal complaint for kidnapping a minor and was formally charged by a federal grand jury by indictment on August 9, 2022. The court will schedule Bennett’s arraignment, detention hearing, and trial at a later date.
This case is being prosecuted by Assistant U.S. Attorneys Daniel Mekaru and Austin Hakes and investigated by the Grand Rapids Police Department and the FBI in cooperation with the Kent County Prosecutor’s Office.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Final Defendant Sentenced in Upper Peninsula-Based Conspiracy to Distribute and Possess with Intent to Distribute MethamphetamineRead the Press Release
MARQUETTE – U.S. Attorney Mark Totten for the Western District of Michigan today announced that Chief U.S. District Judge Hala Y. Jarbou sentenced Elizabeth Jean Decota, also known as “Biz,” to 51 months in prison. She was the tenth and final defendant to plead guilty and be sentenced in United States v. Smith, et al., No. 2:22-cr-01. Chief Judge Jarbou imposed the sentence after commenting that the conspiracy had a “significant impact on the community,” bringing in a “significant quantity of methamphetamine to an area” already so heavily impacted by drug abuse.
“Illegal drugs are a danger to our loved ones and have no place in our communities," said. U.S. Attorney Mark Totten. “The United States Attorney’s Office is working closely with our federal, state, local, and tribal law enforcement partners to disrupt drug trafficking rings in Indian Country and across the state to help rid our streets of meth, heroin, fentanyl, and other potentially lethal poisons.”
Between March and December 2021, the conspirators brought significant quantities of methamphetamine, heroin, and fentanyl from Detroit and distributed those drugs throughout the western half of the Upper Peninsula. The conspirators based their operations on the Hannahville Indian Community and the Keweenaw Bay Indian Community, distributing significant quantities of methamphetamine to those communities.
“Drug-related activity in the L’Anse Indian and Hannahville Reservations contribute to violent crime and imposes serious health and economic difficulties to Tribal communities. These sentences help send a message that drug use and trafficking has no place on the Reservations,” said Jerin Falcon, Deputy Associate Director, Bureau of Indian Affairs, Office of Justice Services, Division of Drug Enforcement.
“The cooperation between local, state, tribal, and federal law enforcement has once again proven effective,” said Drug Enforcement Administration Detroit Field Division Special Agent in Charge Orville O. Greene. “This indictment should put drug traffickers on notice that we will use whatever resources necessary to remove them, and the poisons they peddle, from our communities.”
The defendants and their respective prison sentences are as follows:
Name
Sentence
Tyler Allen Smith, also known as “Ty Ty,” a/k/a “Ty”
158 months
Jason Earl Arnold
120 months
Jill Elizabeth Roberts
136 months
John Paul Decota, Jr., also known as “Bub”
64 months
Elizabeth Jean Decota, also known as “Biz”
51 months
Clifford Keith Durant, Jr.
90 months
Shanna Marie Decota
52 months
Peggy Sue Swartz
46 months
Allyson Marie Denomie
41 months
Alexander Brandon Sagataw
46 months
After serving their terms of imprisonment, the defendants will be on supervised release for several years.
The Bureau of Indian Affairs; the Drug Enforcement Administration; Upper Peninsula Substance Enforcement Team; Bureau of Alcohol, Tobacco, Firearms, and Explosives; FBI – Safe Trails Task Force; Michigan State Police; Delta County Sheriff’s Office; Hannahville Tribal Police Department; Keweenaw Bay Indian Community Tribal Police; and Troy Police Department investigated the case.
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Four Charged in State Bribery SchemeRead the Press Release
Rick Johnson, former Chairperson of the Michigan Medical Licensing Board, and three others have agreed to plead guilty and cooperate in ongoing investigation
LANSING – U.S. Attorney for the Western District of Michigan Mark Totten today announced that four men were charged in federal court for participating in the bribery of Rick Johnson, the former Chairperson of the Michigan Marijuana Licensing Board. All four defendants are cooperating with the investigation and have agreed to plead guilty to their offense.
"Public corruption is a poison to any democracy. Those who wield the power of state have a sacred obligation to serve the people they represent. But when a government official takes a bribe, they spurn that solemn duty – in favor of the connected, the crooked, and ultimately themselves,” said U.S. Attorney Mark Totten. "Now and always, my office will place the highest priority on rooting out public corruption, with independence and impartiality.”
U.S. Attorney Totten charged the following individuals today:
- Rick Vernon Johnson, 70, of Leroy was charged with Accepting a Bribe, a felony offense punishable by up to 10 years in federal prison and a $250,000 fine.
- John Dawood Dalaly, 70, of West Bloomfield was charged with Payment of a Bribe, a felony offense punishable by up to 10 years in federal prison and a $250,000 fine.
- Brian Dennis Pierce, 45, of Midland was charged with Conspiracy to Commit Bribery, a felony offense punishable by up to 5 years in federal prison and a $250,000 fine.
- Vincent Tyler Brown, 32, of Royal Oak was charged with Conspiracy to Commit Bribery, a felony offense punishable by up to 5 years in federal prison and a $250,000 fine.
According to court documents, Rick Johnson was a member and the Chairperson of the Michigan Medical Marijuana Licensing Board (MMLB) between May 2017 and April 2019. John Dalaly operated two companies that were formed with the purpose of obtaining various operating licenses from the MMLB or exploring the licensing of a digital currency platform for medical marijuana financial transactions. Brian Pierce and Vincent Brown were lobbyists doing business as Philip Alan Brown Consulting, LLC and Michigan Grower’s Consultants, LLC, who lobbied on behalf of businesses and individuals who were seeking operating licenses from the MMLB. Johnson provided valuable non-public information about the anticipated rules and operation of the MMLB and assistance with license application matters to Dalaly, Pierce, Brown, and others that paid money to Johnson while he was Chairperson of the MMLB. The cash payments were made to three business entities, which Johnson used to accept payments from the companies, Philip Alan Brown Consulting, LLC, and Michigan Grower’s Consultants, LLC, to help hide those payments to Johnson while he was Chairperson of the MMLB. Between July 2018 and April 2019, Johnson voted in favor of approving the prequalification status of one of Dalaly’s companies and a company that was represented by Pierce and Brown and voted in favor of granting medical marijuana licenses to those companies.
All four defendants have agreed to plead guilty in written plea agreements that will be filed with the Court today. Johnson’s plea agreement states that he accepted more than $100,000 in cash payments and benefits while he was a member and Chairperson of the MMLB. Dalaly’s plea agreement states that he gave at least $68,200 in cash payments and other benefits to Johnson, including paying for Johnson’s travel on two private chartered flights to Canada. Pierce’s and Brown’s plea agreements state that they caused at least $42,000 in cash payments and other benefits to be given to Johnson. The defendants have agreed to cooperate with the FBI and the U.S. Attorney’s Office in the investigation of the charges as well as of any other federal crimes, including full, complete, and truthful interviews and testimony.
“It is always a sad day when someone who enjoys the trust of the people abuses that trust for his or her personal gain,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “Public corruption is a top investigative priority for the FBI and today’s charges represent our continued commitment to working with the United States Attorney’s Office to ensure residents receive the fair and honest government to which they are entitled.”
The FBI’s investigation into this matter is ongoing. Assistant United States Attorneys Christopher O’Connor and Clay Stiffler are prosecuting the case on behalf of the United States.
A Felony Information contains allegations of criminal conduct, and all defendants are presumed innocent under the law until they are found guilty by the court or a jury.
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Money from Debt Elimination Services Fraud Scheme Successfully Forfeited and Returned to VictimRead the Press Release
GRAND RAPIDS, MICHIGAN —U.S. Attorney Mark Totten today announced the civil forfeiture and return of over $79,000 that was stolen from an individual victimized by a “debt elimination services” scam. This is the latest public action by the U.S. Attorney’s Office in its ongoing efforts to combat fraudsters who seek to financially exploit vulnerable individuals.
“Scams, including fraudulent promises to eliminate debt, are everywhere and can financially ruin unsuspecting victims. Be aware: if something sounds too good to be true, it’s probably a scam,” said U.S. Attorney Totten. “Thankfully, due to the hard work of the FBI, the fraud in this case was detected quickly and all lost funds were returned to the victim. Working with our law enforcement partners, we will continue to use every available tool to ensure fraudsters don’t benefit from their crimes.”
Criminal organizations engage in a variety of scams with the intention of convincing unwitting victims to send money to locations or bank accounts based in the United States or overseas. One type of scam involves purported debt elimination services, where the fraudsters offer to pay off the victim’s debt obligations for an upfront fee that is considerably less than the underlying debt. The fraudsters induce the victims by paying off small increments of debt in the beginning to gain trust, and eventually, the victims pay larger upfront fees while the underlying debt remains unpaid.
“The victim in this case lost more than $79,000 in a debt elimination scam, one of many types of scams criminals use to separate people from their hard-earned money,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “The return of those funds would not have been achievable without the cooperative efforts of FBI agents and federal prosecutors in the Western District of Michigan. Forfeiture of ill-gotten gains not only takes money from criminals, but it is among our most powerful tools to make victims whole.”
According to allegations contained in the civil forfeiture complaint filed in U.S. District Court (attached), in September 2021, fraudsters contacted the victim by phone, offering a debt elimination service, which was a scam. Throughout the scam, the victim made upfront “fee payments” that totaled $79,760, while the victim’s underlying debt was never paid off. Following an investigation, these fraud proceeds were seized by the FBI from various bank accounts, forfeited to the United States, and ultimately returned to the victim.
The U.S. Attorney’s Office continues to combat financial fraud schemes against vulnerable victims, including the elderly, by expanding efforts to investigate and promote coordination with law enforcement partners, and by seizing fraud proceeds through federal forfeiture laws.
In addition to debt elimination service fraud, some well-known examples of financial scams targeting seniors and other vulnerable populations are:
- Lottery phone scams: fraudsters persuade victims that a large fee or tax must be paid before they can receive lottery winnings.
- Grandparent scams: fraudsters convince elderly victims that their grandchildren are in trouble and need money to pay rent, repair a car, or make bail.
- Romance scams: scammers lull victims into believing that they are in a romantic relationship and that the scammers need money to travel to the U.S. or for some other seemingly legitimate purpose.
- IRS or government imposter scams: fraudsters pose as IRS or other government officials that claim the victims owe the government money.
- Sham business opportunities: fraudsters convince victims to invest in lucrative business opportunities or investments.
To avoid falling victim to financial scams:
- Don’t share personal information with anyone you don’t know.
- Don’t send money or pay upfront fees to obtain some greater financial benefit down the road. Remember, it’s not rude to say, “No.”
- If you are unsure about contact you receive from a potential fraudster, take the time to talk to a trusted family member or friend before you do anything.
If you have been contacted by a fraudster, or believe you have fallen victim to a scam, please file a report with the Justice Department’s Elder Fraud Hotline at 1-833-Fraud-11, the Federal Trade Commission (FTC) via their website or by calling 877-FTC-HELP, or the FBI, for law enforcement action, at https://tips.fbi.gov/.
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United Bank Senior Vice President Pleads Guilty to Embezzlement and Tax EvasionRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that John Figg, 56, of Grand Rapids Michigan pleaded guilty to federal charges which stem from the discovery of his embezzlement of over $870,000 from United Bank between 2014 and 2021.
“Hardworking citizens are entitled to know that when they entrust their money to a bank, it will remain there safe and secure,” said U.S. Attorney Totten. “This prosecution serves as a reminder to bank officials that we will not tolerate any violation of the trust we put in our banks.”
According to court documents, Figg used his access to bank records to obtain funds in a variety of ways. First, he identified customer accounts held by depositors that did not scrutinize their accounts and used his access to them to remove funds for his own use. Second, he obtained phony loans in customer names and used the loan proceeds for his own use. Third, he funneled fees normally collected by the bank in connection with loan closing costs to his own use. This resulted in losses of approximately $870,000.
Figg generated taxable income from this activity between 2016 and 2020. However, he concealed this income from his tax preparer when that person prepared his tax returns. As a result, each year Figg underreported his taxable income knowing that it was subject to taxation and with the intent to avoid payment of those taxes.
“Mr. Figg betrayed the trust placed in him by his employer and the public, who have every right to expect bank employees to be honest and law abiding,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “This type of illegal conduct can undermine the financial health of banks and credit unions. As a result, the FBI and IRS will continue our work to hold corrupt insiders fully accountable for their crimes.”
“John Figg abused a position of trust as an officer at a federally insured bank when he stole money from unsuspecting victims. He then concealed these funds and used them for his own personal gain,” said Charles Miller, Acting Special Agent in Charge Detroit Field Office, Internal Revenue Service - Criminal Investigation. “The IRS is committed to working with the U.S. Attorney’s Office and our law enforcement partners to aggressively investigate individuals who engage in financial fraud and tax evasion and make them accountable for their crimes.”
Figg pleaded guilty to two federal crimes today. The first is embezzlement by a bank employee in violation of Title 18, United States Code, Section 656. This carries a maximum penalty of 30 years in prison. The second crime is tax evasion in violation of Title 26, United States Code, Section 7201, which carries a maximum prison term of five years in prison. Sentencing will occur at a date to be determined by U.S. District Judge Paul L. Maloney.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service. Prosecution of the case is assigned to Assistant United States Attorney Timothy VerHey.
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Battle Creek Woman Charged in $3,500,000 Computer ScamRead the Press Release
Lavonne Kemp alleged to be cash clearinghouse for nationwide “mistaken refund” fraud
GRAND RAPIDS – U.S. Attorney for the Western District of Michigan Mark Totten today announced that Lavonne Kemp, 67, of Battle Creek was charged in federal court for participating in a conspiracy to commit fraud using the mail.
“These allegations are extremely concerning involving an alleged scheme to prey upon unsuspecting victims,” said U.S. Attorney Mark Totten. “I implore the public to remain vigilant, wary, cautious, and to always verify suspicious claims or claims that seem ‘too good to be true’ to help protect yourself from falling victim to potential scams or fraud.”
According to court documents, Kemp participated in a fraud scheme targeting home computer users across the United States, known as a “mistaken refund” scam. People became victims of the scam when they were deceived by an email message falsely claiming that a bank withdrawal had been made from their bank account to allegedly pay for the installation of computer security software. The message invited anyone disagreeing with the charge to call a “customer service” number. Those who called this number spoke with a person who agreed to immediately reverse the “charge.” During this refund process, the “customer service” co-conspirator indicated that he had mistakenly deposited thousands of dollars into the victim’s account because of a keystroke error. The victim was then induced to rectify this “error” by mailing cash to Kemp’s address in Battle Creek. Between January 2021 and September 2022, Kemp allegedly received approximately $3,500,000 traceable to this fraudulent scheme.
Kemp is charged with mail fraud conspiracy, in violation of Title 18, United States Code, Section 1349. This offense carries a maximum penalty of 20 years in prison, a fine of twice the gross gain or loss caused by the fraud, three years of supervised release following prison, and forfeiture of property. No other members of the conspiracy have yet been charged.
“Our agents remain committed to investigating allegations of fraud wherever they may be,” said HSI Detroit Special Agent in Charge Angie M. Salazar. “Working with our local partners and the U.S. Attorney’s Office, we can help keep hard-working Americans safe from schemes and hold those behind them to account for their actions.”
Kemp had her initial court appearance today in Grand Rapids. Further proceedings will be handled by U.S. District Judge Paul Maloney. Prosecution of the case has been assigned to Assistant United States Attorney Timothy VerHey.
The Department of Homeland Security and Battle Creek Police Department are investigating the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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U.S. Attorney Mark Totten Joining DOJ Delegation to Commemorate “Bloody Sunday” and Passage of Voting Rights Act of 1965Read the Press Release
Attorney General Advisory Committee’s Civil Rights Subcommittee meeting in Selma and Montgomery with Civil Rights leaders at Alabama’s historic memorials and museums
Grand Rapids – U.S. Attorney for the Western District of Michigan Mark Totten will join more than 30 other U.S. Attorneys from across the country as a delegation to commemorate the 58th Anniversary of “Bloody Sunday,” the March over Selma’s Edmund Pettus Bridge, and the passage of the Voting Rights Act of 1965. Totten has served as a member of the Attorney General Advisory Committee’s Civil Rights Subcommittee (AGAC) since taking office in May 2022.
“I’m honored to join colleagues from across the United States on this trip to Montgomery and Selma, home to some of the most important moments in the Civil Rights Movement,” said U.S. Attorney Mark Totten. “Our work protecting civil rights goes back more than 150 years. The Department of Justice was born in 1870 and tasked with dismantling the KKK, which was terrorizing African Americans across the South. That original charge of taking on hate and discrimination is still very much a part of our mission today. And my office and I are committed to using every power we have to protect these rights across the Western District of Michigan.”
From March 4-7, 2023, U.S. Attorneys from across the country will meet with community and civil rights leaders while exploring some of the significant and educational civil rights institutions in Alabama. U.S. Attorney for the Western District of Washington Nick Brown is hosting the delegation’s visit.
In addition to the Selma March scheduled for Sunday March 5, 2023, the U.S. Attorneys will meet with Assistant Attorney General Kristen Clarke of DOJ’s Civil Rights Division, as part of the subcommittee work supporting the AGAC.
Other meetings and visits during the trip will focus on both historic civil rights conflicts and issues that are still fresh today.
- The group will meet with distinguished jurist Myron Thompson, the first Black Assistant Attorney General for Alabama and the second Black Federal Judge in the state. As the former Chief Judge in the Middle District of Alabama, Judge Thompson was instrumental in preserving the Montgomery bus station where the Freedom Riders were attacked in 1961 and the establishment of the Freedom Rides Museum. Judge Thompson is a recipient of the Thurgood Marshall award for his “personal contributions and extraordinary commitment to the advancement of civil rights.”
- The group will also meet with Bryan Stevenson, Founder and Executive Director of the Equal Justice Initiative, a nonprofit organization that provides legal representation to people who have been illegally convicted, unfairly sentenced, or abused in state jails and prisons.
- The attorneys will visit The Johnson Institute in the Montgomery federal courthouse where many key civil rights cases were decided. The Johnson Institute demonstrates through its programming the importance of the U.S. Constitution and the independent judiciary.
- They will go to The Legacy Museum, which provides a comprehensive history on the legacy of slavery. Lynching, codified racial segregation, and the emergence of over-incarceration in the 20th century, are examined in depth and brought to life through film, images, and first-person narratives at the museum.
- At the Memorial for Peace and Justice the group will reflect on America’s History of racial injustice. Set on a six-acre site, the memorial uses sculpture, art, and design to contextualize racial terror. The site includes a memorial square with 800 six-foot monuments to symbolize thousands of racial terror lynching victims in the United States.
The U.S. Attorneys from the following districts are attending the Selma and Montgomery events: Massachusetts, Connecticut, New Jersey, South Carolina, New Hampshire, Maine, Colorado, Nevada, Idaho, Vermont, South Dakota, Kansas, Western and Middle Districts of Louisiana, Eastern Wisconsin, Eastern and Western Districts of Michigan, Middle District of Florida, Northern and Eastern Districts of California, Eastern and Middle Districts of Pennsylvania, Western District of Virginia, Western District of North Carolina, Southern District of Ohio, Western District of New York, and the Southern District of West Virginia. U.S. Attorney Brown and Civil Rights Subcommittee Vice-Chair Rachel Rollins are appreciative of the work done by the Middle District of Alabama to host the delegation.
The Attorney General’s Advisory Committee was established nearly 50 years ago by Attorney General Elliott Richardson. The Committee’s purpose is to give United States Attorneys a voice in Department policies and to advise the Attorney General of the United States.
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U.S. Attorney Announced Justice Department Settlement in Sexual Harassment Lawsuit Against Michigan LandlordRead the Press Release
GRAND RAPIDS – The Justice Department announced today that it has secured an agreement to resolve a lawsuit alleging that Muskegon, Michigan, landlord Darrell Jones violated the Fair Housing Act by sexually harassing female tenants. The settlement also resolves claims against Fatima Jones and Jones Investing, LLC, which, along with Jones, owned the properties where the harassment occurred.
“The sexual harassment of tenants is an intolerable abuse of power that violates federal civil rights laws,” said U.S. Attorney Mark A. Totten for the Western District of Michigan. “No one should have to endure harassment and discrimination, especially in their own homes. My office is committed to protecting the rights of vulnerable tenants and will continue to vigorously enforce the Fair Housing Act to combat discrimination and secure justice for victims.”
“The Fair Housing Act protects the rights of tenants to live in peace and security without the fear that their housing provider will sexually harass them,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to holding housing providers accountable for their unlawful behavior and seeking relief for survivors.”
Under the agreement, which still must be approved by the U.S. District Court for the Western District of Michigan, defendants are required to pay $155,000 to compensate individuals harmed by the harassment and pay a $10,000 civil penalty to the United States. The consent order also requires the defendants to:
- Retain an independent property manager to manage their rental properties for the duration of the order;
- Obtain fair housing training; and
- Implement non-discrimination policies and complaint procedures to prevent sexual harassment at their properties in the future.
“We admire the courageous women who spoke out to bring forth fair housing justice”, says Elizabeth Stoddard, Director of Advocacy of the Fair Housing Center of West Michigan. “In partnership with the Justice Department and the U.S. Attorney’s Office for the Western District of Michigan, we see you and we hear you. We believe you and we stand with you. A woman’s home should be her safe place.”
The lawsuit, filed in June 2020, alleged that since at least 2008, Jones subjected female tenants to harassment that included making repeated and unwelcome sexual comments, touching tenants’ bodies without their consent, demanding sexual activity in exchange for rent and housing-related benefits, and taking adverse actions against tenants who resisted his sexual advances or complained about the harassment.
This case was referred to the Justice Department by the Fair Housing Center of West Michigan and was litigated by attorneys in the department’s Civil Rights Division and the Civil Division of the U.S. Attorney’s Office for the Western District of Michigan.
The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the department’s initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers, or other people who have control over housing. Since launching the initiative in October 2017, the Department of Justice has filed 28 lawsuits alleging sexual harassment in housing and recovered more than $9.8million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online. Individuals may also report such discrimination by contacting HUD at 1-800-669-9777 or by filing a complaint online.
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Kalamazoo Felon on Parole Sentenced to 70 Months in Federal Prison for Possessing A FirearmRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney for the Western District of Michigan Mark Totten today announced that Teiun Tyree Walker, 22, of Kalamazoo, Michigan was sentenced to 70 months in federal prison by Chief U.S. District Judge Hala Y. Jarbou for being a felon in possession of a firearm. Chief Judge Jarbou also ordered Walker to spend 3 years on supervised release after his confinement. In imposing the sentence, Chief Judge Jarbou highlighted Walker’s “history of assaultive behavior, firearm possession, and not respecting authority,” along with his extensive criminal history despite his young age.
“At a moment when violent crime has increased and communities across Michigan feel the fear and anguish that comes with every senseless death and near-death incident, my office is committed to enforcing our nation’s gun laws and holding people accountable who are prohibited from possessing firearms,” said U.S. Attorney Totten. “No parent, no child, no senior citizen – no one should have to live with the fear of violence.”
On May 2, 2022, Kalamazoo Department of Public Safety officers were surveilling the area around Daysha’s Liquor Store in Kalamazoo because several individuals were illegally gambling in the parking lot. Officers seized a stolen, loaded Ruger 9mm pistol from the crossbody bag Walker was wearing. Walker has prior state court felony convictions, including for assault with a dangerous weapon and carrying a concealed weapon, and thus was prohibited from possessing a firearm as a felon under both state and federal law. In February 2022, Walker was released from the Michigan Department of Corrections and was still on parole at the time of the current illegal firearm possession. While he was being arrested, Walker resisted and threatened the police, which Chief Judge Jarbou noted was “unacceptable.”
“This case is an example of the FBI’s commitment to working cooperatively with our law enforcement partners to stop felons from illegally possessing firearms,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “I would like to thank the Kalamazoo Department of Public Safety for their work on this investigation, their continued partnership, and their commitment to helping us keep our communities safe.”
“Our partnership with the U.S. Attorney’s Office is continuing to keep our community safe,” said Kalamazoo Department of Public Safety Director David Boysen. “As our federal partner, we thank them in their help in the Walker case and all cases that help keep crime off of our streets.”
This case was investigated by the Kalamazoo Department of Public Safety, FBI, and ATF, and was prosecuted by Assistant U.S. Attorney Lauren F. Biksacky as part of the Department of Justice’s Project Safe Neighborhoods (PSN) Program. Holding those who are prohibited from possessing firearms accountable through federal prosecution is a centerpiece of the PSN Program, the Department of Justice’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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