Northern District of Mississippi
Press releases recorded for this federal judicial district.
Multiple Defendants Sentenced for Violent Crimes and Drug TraffickingRead the Press Release
OXFORD – A Clarksdale man, the final defendant in a multi-defendant conspiracy, has been sentenced to 400 months in federal prison resulting from his role in a murder and heroin distribution conspiracy in the Northern District of Mississippi. Derrick Jones was sentenced for his crimes in United States District Court Thursday afternoon.
Multiple fatal opioid overdoses and hospitalizations in the Mississippi Delta spurred an investigation between the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mississippi Bureau of Narcotics, and the United States Attorney’s Office. This investigation unveiled a large heroin and cocaine trafficking organization, operating predominately in Coahoma County, Mississippi. This joint investigation involved numerous search warrants, arrests, and convictions. In all, twelve defendants were sentenced in federal court for their roles in this drug trafficking conspiracy.
William C. Lamar, U.S. Attorney for the Northern District of Mississippi, Joseph Frank, Supervisory Special Agent for the Oxford Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Warner Benson, Resident Agent in Charge of the Oxford Office of the DEA, Terry Spillers, Captain of the Mississippi Bureau of Narcotics Oxford District Office and the Mississippi Bureau of Investigation made the announcement.
“Under the leadership of Attorney General Sessions and Deputy Attorney General Rosenstein, our mission is to make our neighborhoods safe. With the dismantling of this organization, Clarksdale, Mississippi, is safer. Pursuant to Project Safe Neighborhood, Organized Crime Drug Enforcement Task Force, and other programs, we, with our state and local partners, will continue to pursue dangerous organizations and individuals to the fullest extent in every corner of our district,” said U.S. Attorney William C. Lamar.
Below, are the twelve co-conspirator’s charges and sentences, made possible by the Project Safe Neighborhood Initiative and OCDETF investigation:
- Derrick Jones pleaded guilty in July of 2017 to one count of conspiracy to distribute heroin and one count of murder. U.S. District Judge Debra M. Brown sentenced Jones to a total of 400 months imprisonment, followed by 5 years of supervised release.
- Steven Haynes pleaded guilty in June of 2017 to one count of conspiracy to distribute heroin in excess of 100 grams and one count of conspiracy to commit money laundering. Judge Brown ordered Haynes to serve a total of 240 months in custody, followed by 5 years of supervised release.
- Heroin supplier, Errick Hackler, of Chicago, Illinois, pleaded guilty in April of 2016 to one count of conspiracy to distribute heroin in excess of 100 grams and one count of conspiracy to commit money laundering. Judge Brown ordered Hackler to serve a total of 67 months in custody, followed by 5 years of supervised release.
- Craig Haynes of Clarksdale, Mississippi, pleaded guilty in June of 2017 to one count of conspiracy to distribute heroin in excess of 100 grams. Judge Brown ordered Haynes to serve 85 months in custody, followed by 5 years of supervised release.
- Mark Connor of Clarksdale, Mississippi pleaded guilty to accessory to murder, after the fact, during and in relation to a drug trafficking crime. In November of 2016, U.S. District Judge Neal B. Biggers, Jr. sentenced Connor to 70 months in custody, followed by 3 years of supervised release.
- Cordarell Johnson of Clarksdale, Mississippi, pleaded guilty in April of 2016 to one count of conspiracy to distribute heroin in excess of 100 grams. Judge Brown ordered Johnson to serve 75 months in custody, followed by 5 years of supervised release.
- Octavious Conner of Clarksdale, Mississippi, pleaded guilty in April of 2016 to one count of conspiracy to distribute heroin in excess of 100 grams. Judge Brown ordered Conner to serve 35 months in custody, followed by 5 years of supervised release.
- Antonio Lewis of Clarksdale, Mississippi, pleaded guilty in April of 2016 to one count of conspiracy to distribute heroin in excess of 100 grams. Judge Brown ordered Lewis to serve 84 months in custody, followed by 5 years of supervised release.
- Frank Williams of Clarksdale, Mississippi, pleaded guilty in April of 2016 to one count of conspiracy to distribute heroin and one count of possession of a firearm as a felon. Judge Brown ordered Williams to serve a total of 67 months in custody, followed by 3 years of supervised release.
- Reginald Murray of Clarksdale, Mississippi, pleaded guilty in January of 2016 to two counts of distribution of heroin. Judge Brown ordered Murray to serve 37 months in custody, followed by 3 years of supervised release
- Sidney Avant, Jr. pleaded guilty in July 2017 to corruptly obstructing an investigation by the DEA, ATF and Federal Grand Jury. Judge Brown ordered Avant to serve 18 months in custody, followed by 3 years of supervised release.
- Sidney Avant III pleaded guilty in July 2017 to corruptly obstructing an investigation by the DEA, ATF and Federal Grand Jury. Judge Brown ordered Avant to serve 14 months in custody, followed by 3 years of supervised release.
These charges were the result of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), a federal multi-agency, multi-jurisdictional task force that provides supplemental funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations pursuant to the Project Safe Neighborhood anti-violent crime initiative. Several agencies were crucial to this investigation, including the DEA, ATF, the U.S. Marshals Service, FBI Crime Laboratory, the Clarksdale Police Department, Mississippi Bureau of Narcotics, Mississippi Bureau of Investigations, Mississippi Highway Patrol, Mississippi National Guard Counter-Drug Unit, Quitman County, Mississippi Sheriff’s Department, and the Coahoma County Mississippi Sheriff’s Office.
The case was prosecuted by Assistant U.S. Attorneys Scott Leary, Clyde McGee, Jamiel Wiggins and Sam Wright, with the assistance of Intelligence Specialist, Paul Rowlett.
Mississippi Juvenile Detention Officers Indicted for Multiple Assaults and Cover-UpRead the Press Release
The Department of Justice today announced that an officer at the Leflore County Juvenile Detention Center in Greenwood, Mississippi was charged with assaulting two juveniles in his custody. The indictment, which was returned on Feb. 21, 2018 but unsealed today, alleges that Edward Gibson, 28, punched and threw an electric fan at one juvenile, and struck the other juvenile in the head and body.
A separate indictment also unsealed today charged his supervisor, Dianne Williams, 60, with writing a false report to cover up one of the assaults. The indictment alleges that Williams falsely wrote that she had no knowledge of the assault, when in fact she was aware of it.
The indictments were announced by Acting Assistant Attorney General for the Civil Rights Division John Gore, United States Attorney William C. Lamar of the Northern District of Mississippi, and Christopher Freeze, Special Agent in Charge of the Federal Bureau of Investigation, Jackson Field Division.
If convicted, Gibson faces a maximum punishment of 10 years imprisonment for each excessive force charge. Williams faces up to 20 years imprisonment on the false report charge. An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.
This case is being investigated by the Jackson Division of the Federal Bureau Investigation, with the cooperation of the Leflore County Sheriff’s Department and the Leflore County Detention Center. It is being prosecuted by Assistant United States Attorney Robert Mims of the Northern District of Mississippi and Trial Attorney Dana Mulhauser of the Civil Rights Division of the Department of Justice.
Justice Department Statement on Claims of NIJ Certification of Ballistic BackpacksRead the Press Release
"The National Institute of Justice—the research, development, and evaluation agency of the Department of Justice—has never tested nor certified ballistic items, such as backpacks, blankets, or briefcases, other than body armor for law enforcement. Marketing that claims NIJ testing or certification for such products is false," said Justice Department spokesman Devin O’Malley.
In recent days, multiple media outlets have repeated misleading statements made by companies about "NIJ certification" of their ballistic backpack products.
The only ballistic-resistant product that NIJ certifies is law enforcement body armor that meet the requirements of NIJ’s Compliance Testing Program (CTP), which are then listed on NIJ’s Compliant Products List. Testing body armor involves a technically rigorous test campaign that must be carried out by one of four laboratories that are accredited by the National Voluntary Laboratory Accreditation Program and approved by NIJ to participate in the CTP. The protocols and procedures are described in the current NIJ performance standard NIJ Standard 0101.06, Ballistic Resistance of Body Armor. In addition, NIJ offers many informational resources on law enforcement body armor at policearmor.org.
Convictions of Human Trafficking in North MississippiRead the Press Release
OXFORD, Miss. – United States Attorney William C. Lamar and Christopher Freeze, Special Agent in Charge at the Federal Bureau of Investigation announced today that Ricky Robertson a.k.a. “Slick Rick” and Ladarius Jackson, a.k.a. “Dee Don” were sentenced on sex trafficking charges before Chief District Judge Sharion Aycock in Federal Court in Oxford, Mississippi. Robertson previously entered a guilty plea on Count One of the Indictment – Sex Trafficking Conspiracy – in violation of Title 18 United States Code Section 1594(c) and was sentenced to serve 188 months imprisonment followed by 5 years of supervised release. Jackson previously entered a guilty plea to Count Three of the Indictment – Travelling in Interstate Commerce to Engage in Prostitution – in violation of Title 18, United States Code Section 2421 and was sentenced to serve 33 months imprisonment followed by 5 years of supervised release.
Both Robertson and Jackson admitted to transporting prostitutes from Memphis, Tennessee to Oxford, Mississippi in order to engage in commercial sex acts. Robertson admitted to trafficking the prostitutes through fraud and coercion by controlling the money they earned from commercial sex.
“Human trafficking is not a victimless crime,” remarked United States Attorney William C. Lamar. “Women, many of whom are very young, are often coerced into prostitution by predators, taken advantage of, and are frequently victims of violence. Along with federal, state and local law enforcement, we will continue to address this problem in our District and prosecute those responsible.”
Human trafficking steals the innocence from our children and young women, and the individuals who prey upon the vulnerable need to be removed from our society,” said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. “Human trafficking victims often feel pressured with the threat of violence toward them or their families, giving them the false reality that prostitution is their only means of making a living. We ask the public to be vigilant to the signs of human trafficking and notify law enforcement when they see what they believe is the unconscionable act of buying and selling human beings.”
This matter was prosecuted by Assistant United States Attorney Clay Dabbs of the United States Attorney’s Office for the Northern District of Mississippi, and investigated by the Federal Bureau of Investigation, the Oxford Police Department and the Lafayette County Sheriff’s Department.
Southaven Alderman Indicted for Transportation of Child PornographyRead the Press Release
Oxford, Miss. – Ronald W. Hale, an Alderman for the City of Southaven, Miss. has been charged with transportation of child pornography, announced United States Attorney for the Northern District of Mississippi William C. Lamar, Special Agent in Charge of the FBI in Mississippi Christopher Freeze, and DeSoto County Sheriff Bill Rasco.
Hale, age 57, was charged in a one count indictment for violating Title 18, United States Code, Sections 2252 (1)(a), which charges that he knowingly used a means of interstate or foreign commerce to transport or ship a visual depiction involving a minor engaged in sexually explicit conduct.
Hale surrendered to the United States Marshals Service, and made his initial appearance and arraignment in federal court on Wednesday. If convicted, he faces a maximum of 20 years in federal prison and a fine of up to $250,000.
The case is being investigated by the FBI Jackson Division’s Southaven Resident Agency and DeSoto County Sheriff’s Department, and is being prosecuted by the United States Attorney’s Office for the Northern District of Mississippi. The Southaven Police Department also assisted with the investigation.
The public is reminded that, as in any criminal case, a person is presumed innocent unless and until proven guilty in a court of law. The charges filed merely contain allegations of criminal conduct.
Atlanta Residents Convicted of Interstate Trafficking of a Victim for Commercial Sex PurposesRead the Press Release
United States Attorney William C. Lamar and FBI Special Agent in Charge Christopher Freeze announced today that a jury in the United States District Court for the Northern District of Mississippi has convicted two individuals of Transporting a Victim from Georgia to Mississippi to engage in prostitution. Following a two day trial in Oxford, Mississippi, a jury convicted Mario D. Collins of Memphis, Tennessee and Paulette M. Clayton of Atlanta, Georgia of trafficking the victim from Georgia to Tennessee and ultimately to Oxford, Mississippi for commercial sex purposes. Collins and Clayton will be sentenced at a later date and face up to ten years imprisonment as a result of their conviction.
An investigation conducted by the Oxford Police Department and the Federal Bureau of Investigation revealed that the female victim was transported from Atlanta, Georgia to Oxford, Mississippi by Collins and Clayton so that she could engage in prostitution. Evidence presented at trial established that OPD Officers responded to an Oxford motel on April 27, 2017, after receiving a 911 call indicating that the victim was being held against her will. Collins and Clayton were arrested in the hotel parking lot and the victim was recovered from inside the hotel. OPD Officers Joshua Shipp and Brandon Jenkins were among the officers who initially responded to the 911 call and assisted throughout the investigation and trial of the case.
Assistant United States Attorneys Clay Dabbs and Sam Stringfellow represented the United States in this case and FBI Special Agent Walter Henry and OPD Detective Chad Carwile spearheaded the investigation.
Following the conviction, United States Attorney William C. Lamar noted, “Human trafficking is not a victimless crime. Women, many of whom are very young, are often coerced into prostitution by predators, taken advantage of, and are frequently victims of violence. Along with federal, state and local law enforcement, we will continue to address this problem in our District and prosecute those responsible. I congratulate and thank Special Agent Walter Henry of the FBI, Investigator Chad Carwile of the Oxford Police Department, and Assistant U.S. Attorneys Clay Dabbs and Sam Stringfellow for jobs well done.”
“Forcing someone into prostitution is reprehensible and has no place in our society,” said FBI Special Agent in Charge Freeze. “Human trafficking is believed to be the third-largest criminal activity in the world, and must be addressed at the interagency level. Partnerships between federal, state and local law enforcement agencies are key in these types of cases, and we appreciate everyone involved in bringing justice to those being trafficked.”
Mississippi Residents Convicted for Illegally Searching and Removing Native American ArtifactsRead the Press Release
OXFORD, Robert H. Norman, Acting United States Attorney for the Northern District of Mississippi, together with Luis Santiago, Special Agent in Charge of the United States Fish and Wildlife Service, and William “Wynne” Fuller, U.S. Army Corps of Engineers, Chief of Operations for the Mobile District, announces:
Matthew Glen Arnold, 33, of Booneville, Mississippi, Jackie Dale Arnold, 59, of Burnsville, Mississippi, Sandra Arnold, 62, of Burnsville, Mississippi, Tyler Wilemon, 22, of Booneville, Mississippi, Melinda Jean Arnold, 42, of Burnsville, Mississippi, and Robert Alan Aguirre, 29, of Corinth, Mississippi, were recently sentenced in the United States District Court for their roles in illegally searching for and removing Native American artifacts from government land. Matthew Arnold was sentenced on September 29, 2017, by United States District Judge Debra M. Brown of Greenville following a previous guilty plea to six felony counts of excavating and removing archeological resources located on designated historic public lands in violation of the Archeological Resources Protection Act. The investigation and subsequent charges arose out of the removal of Native American artifacts from United States Army Corps of Engineers property along the Tennessee-Tombigbee Waterway in Tishomingo County, Mississippi. Matthew Arnold was sentenced to a term of imprisonment of twenty (20) months for each count of conviction, to be served concurrently, followed by one (1) year of supervised release. He was also ordered to pay $41,551.49 in restitution to the U.S. Army Corps of Engineers for damage to the subject property.
Jackie Arnold and Melinda Arnold were sentenced on October 13, 2017, Tyler Wilemon was sentenced on September 28, 2017, and Sandra Arnold was sentenced on September 7, 2017, by Judge Brown following a previous guilty plea by each to one felony count of excavating and removing archeological resources located on designated historic public lands in violation of the Archeological Resources Protection Act. Jackie Arnold was sentenced to a term of imprisonment of fifteen (15) months and ordered to pay $24,357.77 in restitution. Sandra Arnold was sentenced to a term of imprisonment of twelve (12) months and one (1) day ordered to pay $18,626.53 in restitution. Wilemon was sentenced to a term of imprisonment of five (5) months and ordered to pay $7,164.05 in restitution. Each were sentenced to one (1) year of supervised release following their term of incarceration. Melinda Arnold was sentenced to five (5) years probation and ordered to pay $28,656.20 in restitution. All of the restitution set forth above has been joint and several, meaning each defendant has been ordered to pay in conjunction with the other defendants, up to the amount set for each defendant.
Aguirre was sentenced on October 19, 2017, by United States District Judge Glen H. Davidson of Aberdeen following a previous guilty plea to two felony counts of excavating and removing archeological resources located on designated historic public lands in violation of the Archeological Resources Protection Act. Aguirre was sentenced to two years probation and ordered to pay $2,865.62 in restitution.
Two other defendants have plead guilty to similar charges and are currently awaiting sentencing.
United States Fish and Wildlife Service Special Agent in Charge Santiago stated “We are committed to working with Mississippi, its citizens, the Choctaw and Chickasaw Nation and other federal and state agencies to conserve and protect Mississippi's archeological resources which are a non-renewable cultural resource of irreplaceable value, as well as sacred to descendant communities and Native Americans."
"The US Army Corps of Engineers is thoroughly committed to the preservation and protection of these irreplaceable cultural treasures, treasures that hold great meaning to Native Americans and belong to the American People. We will continue to invest the necessary resources to investigate and support the prosecution of such cases in the future,” said Fuller, Chief of Operations for the U.S. Army Corps of Engineers, Mobile District.
This case was investigated by the United States Fish and Wildlife Service Office of Law Enforcement, and the United States Army Corps of Engineers.
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Enid Resident Sentenced to 33 Months for Theft of Treasury Checks and Treats to Federal AgentRead the Press Release
OXFORD, Miss. – Robert H. Norman, Acting United States Attorney for the Northern District of Mississippi; Ruben Florez, Special Agent in Charge of the Treasury Inspector General for Tax Administration, Mid-States Field Division, and Jerome R. McDuffie, Supervisory Special Agent in Charge of the Internal Revenue Service Criminal Investigation Division, New Orleans Field Office, announce that:
Veronica Lloyd, 46 of Enid, Mississippi, was sentenced Thursday, October 19, 2017, by United States District Judge Glen H. Davidson, in Aberdeen, Mississippi. Lloyd was sentenced to serve a total of thirty-three (33) months in federal prison following by 3 years supervised release and was ordered to pay $52,341.67 in restitution to her victims.
On June 21, 2017, Lloyd pled guilty to converting to her own use a Treasury Check issued to another person, using threats of force to impede a Department of the Treasury Special Agent, and committing wire fraud.
The charges were the result of a joint investigation by the United States Attorney’s Office, the Department of the Treasury Inspector General for Tax Administration, and the Internal Revenue Service Criminal Investigation Division, into allegations that Enid, MS residents had monies from their yearly income tax refunds taken illegally and that subsequently they were contacted by a fictitious “IRS agent” and told not to contact the IRS about the issues. Lloyd also threatened to strike an agent of the Department of Treasure with a shovel, and later investigation revealed her use of interstate wire communication to commit fraud.
“It is the Treasury Inspector General for Tax Administration’s mission to protect the integrity of the Internal Revenue Service and promote the fair administration of our federal tax system,” said Special Agent in Charge Ruben Florez of the Treasury Inspector General for Tax Administration’s (TIGTA’s) Mid-States Field Division. “TIGTA and its law-enforcement partners will investigate individuals that attempt to assault its employees and interfere with the administration of the internal revenue laws through impersonation schemes, and will do everything within its power to ensure that those involved are prosecuted to the fullest extent of the law.”
Special Agent in Charge, Jerome R. McDuffie, stated, “Veronica Lloyd will serve time in prison for her victimization of Mississippi taxpayers. She stooped to means such as stealing the tax refunds of her identity theft victims, and impersonating an IRS employee in an effort to obstruct the efforts of federal law enforcement officers. Every day of her prison term is a well-deserved reward for her actions.”
This case was investigated jointly by the United States Attorney’s Office, the Department of the Treasury Inspector General for Tax Administration, and the Internal Revenue Service Criminal Investigation Division, and was prosecuted by Assistant United States Attorneys Jamiel Wiggins and Clay Joyner.
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Sex Trafficking Defendants Plea Guilty in Federal CourtRead the Press Release
OXFORD, Miss. – Acting United States Attorney Robert H. Norman and Christopher Freeze, Special Agent in Charge at the Federal Bureau of Investigation announced today that Ricky Robertson a.k.a. “Slick Rick” and Ladarius Jackson, a.k.a. “Dee Don” entered pleas of guilty today on sex trafficking charges before Chief U.S. District Judge Sharion Aycock in Aberdeen, Mississippi. Robertson entered a guilty plea on Count One of the Indictment – Sex Trafficking Conspiracy – in violation of Title 18 United States Code Section 1594(c) and faces a maximum of life in prison, up to a $250,000 fine, and not more than five (5) years supervised release. The prosecution agreed to recommend that the sentence not exceed twenty (20) years in prison, subject to acceptance by the Court. Jackson entered a guilty plea to Count Three of the Indictment – Travelling in Interstate Commerce to Engage in Prostitution – in violation of Title 18, United States Code Section 2421. Jackson faces a maximum of ten (10) years in prison, up to a $250,000 fine and up to three (3) years supervised release. Both Robertson and Jackson admitted to transporting prostitutes from Memphis, Tennessee to Oxford, Mississippi in order to engage in commercial sex acts. Robertson admitted to trafficking the prostitutes through fraud and coercion by controlling the money they earned from commercial sex.
Robertson and Jackson are currently scheduled to be sentenced on December 6, 2017 in U.S. District Court in Aberdeen, Mississippi.
"Human trafficking is modern day slavery, and will not be tolerated in Mississippi," said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. "Human trafficking is believed to be the third largest criminal activity in the world. We will continually seek out those who traffic women, children and the underprivileged for illicit gain. We appreciate the strong partnerships with local and state law enforcement that make cases like this successful."
“As with any major case that comes through our area we are always grateful for the partnerships we have with the Lafayette County Sherriff’s Office, our U.S. Attorney and the FBI. Most importantly I am proud that we were all able to work together to solve this case. Human trafficking is a serious problem and we want to make sure would-be criminals know we will not tolerate it in our area.” - Joey East, Chief of Police.
This matter is being prosecuted by the United States Attorney’s Office for the Northern District of Mississippi and investigated by the Federal Bureau of Investigation, the Oxford Police Department and the Lafayette County Sheriff’s Department.
Cleveland Doctor Sentenced in Hospice Fraud CaseRead the Press Release
OXFORD, Miss. – Robert H. Norman, Acting United States Attorney for the Northern District of Mississippi; Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General; Christopher Freeze, Special Agent in Charge at the Federal Bureau of Investigation, and Mississippi Attorney General Jim Hood announced that:
Dr. Nathaniel Brown, 62, of Cleveland, Mississippi, was sentenced Thursday, August 10, 2017 before United States District Judge Neal B. Biggers, Jr. in Oxford, Mississippi. Dr. Brown was sentenced to serve thirty-nine (39) months in federal prison followed by three (3) years supervised release and ordered to pay $1,941,254 in restitution to the Medicare program.
In January, Dr. Brown pled guilty to conspiracy to commit healthcare fraud in violation of 18 U.S.C. §§ 1347 & 1349. Brown admitted to referring patients who were not hospice appropriate to Milestone Hospice and Sandanna Hospice which led to $1,941,254 in Medicare payments to Milestone and Sandanna. Brown also admitted to receiving $47,750 in payments by check from the hospice owner in addition to cash payments.
Dr. Brown is a corrupt doctor who participated in a hospice scam to exploit patients and their families,” said Special Agent in Charge Derrick L. Jackson, of the U.S. Department of Health and Human Services, Office of Inspector General. “The verdict today should send a clear message to dishonest medical professionals who abuse our health care system - they will be caught and face significant criminal charges.”
“Joint investigations continue to be indispensable in the fight against fraud in healthcare benefit programs,” said Attorney General Jim Hood. “We will continue to work with our federal and state partners in this ongoing battle to protect the resources needed to serve our most vulnerable citizens.”
"It is important the Medicare fund is properly guarded against inappropriate billing by health care providers, and patients are receiving those services billed to Medicare,” said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. “The FBI will continue to take a strong stance against individuals who engage in health care fraud.”
This case was investigated jointly by the US Department of Health and Human Services, Office of Inspector General, the Medicaid Fraud Control Unit of the Mississippi Attorney General’s Office and the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorneys Clay Dabbs and Clay Joyner.
Mississippi Corrections Officers Sentenced for Inmate Assault and Cover-UpRead the Press Release
Mississippi correctional officers Romander Nelson and Deonte Pate were sentenced today for their roles in the beating of an inmate and subsequent cover-up at the state’s Parchman Prison, the Justice Department announced today.
Deonte Pate, 24, was sentenced to 5 years of probation with 12 weeks of weekend confinement for conspiring to cover up the beating of an inmate identified by his initials, K.H. Pate acknowledged that he submitted false reports and lied to the FBI in order to prevent knowledge of the beating from reaching outside authorities. Romander Nelson, 44, was sentenced to 5 years of probation, 14 weeks of weekend confinement, and a $500 fine for failing to protect the victim during the beating.
The victim, was temporarily blinded by the attack and suffered severe blood loss, a broken orbital bone, and permanent partial vision loss.
Pate and Nelson were charged in 2016 along with two other officers: Lawardrick Marsher, 28, and Robert Sturdivant, 47. All four were officers at Mississippi State Penitentiary, in Parchman, Mississippi.
Marsher has pleaded guilty to carrying out the assault; Sturdivant, a supervisor, has pleaded guilty to conspiring to cover the assault up. Marsher and Sturdivant are scheduled to be sentenced on June 15 for their roles in the crime.
“Every corrections officer owes a duty of honesty and integrity to the individuals under his or her protection,” said Acting Assistant Attorney General Tom Wheeler. “The Department of Justice is committed to ensuring the rights of all citizens, including those in our nation’s jails and prisons.”
"The FBI's mission is to protect the American people and uphold the constitution of the United States," said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. "This protection extends to those serving time for various offenses in jails and prisons throughout the United States. The constitution provides no protection to those hiding behind a correctional officer uniform and abusing the authority given to them. The FBI will continue to aggressively investigate any allegations of civil rights violations."
This case was investigated by the FBI’s Jackson Division, with the cooperation of the Mississippi Department of Corrections. It was prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section.
Federal Officials Close Review of Fatal Shooting of Antwun ShumpertRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the Northern District of Mississippi and the Civil Rights Division of the Justice Department announced today that they have completed a thorough, independent investigation into the fatal shooting of Antwun Shumpert on June 18, 2016, by Tupelo Police Department Officer Tyler Cook. This investigation revealed that the evidence is insufficient to prove, beyond a reasonable doubt, that Cook violated federal civil rights laws. Accordingly, the U.S. Attorney’s Office for the Northern District of Mississippi and the Civil Rights Division of the Justice Department will not pursue federal criminal civil rights charges against Cook.
Officials from the U.S. Attorney’s Office and the Justice Department’s Civil Rights Division met with members of Shumpert’s family today to inform them of this decision.
The U.S. Attorney’s Office for the Northern District of Mississippi, the Department of Justice’s Civil Rights Division, and the Federal Bureau of Investigation (FBI) conducted a comprehensive, independent review of the circumstances related to Shumpert’s death. The investigation included a review of witness interviews; the autopsy report; crime-scene reports; photographs; surveillance video that recorded auxiliary areas of the crime scene; police radio traffic; incident reports; an interview with the medical examiner; and an interview with the officer.
In conducting the review, federal authorities were tasked with determining whether Cook violated federal law by willfully using unreasonable force against Shumpert. Under the applicable federal criminal civil rights statute, prosecutors would be required to establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived Shumpert of a constitutional right. To establish willfulness, federal authorities would be required to show that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law. Mistake, misperception, negligence, necessity, or poor judgment are not sufficient to establish a federal criminal civil rights violation.
The evidence in this investigation showed that on June 18, 2016, the Tupelo Police Department was conducting a surveillance operation. At around 9:30 at night, officers observed a tan car stop for a short time in a motel parking lot before leaving. Officer Joseph Senter followed the car and noted that it did not properly use a turn signal and was missing a tag light, both of which are traffic violations. Officer Senter signaled to the car to stop, but the car traveled several more blocks before stopping. Immediately after Shumpert stopped the car, he fled on foot. Officer Senter ordered Shumpert to return to the vehicle, but he did not. Officer Senter began chasing Shumpert and radioed for assistance.
Cook was among the officers who responded to Officer Senter’s call for assistance. Cook stopped his car on Harrison Street and got out along with his patrol dog. The patrol dog picked up a scent and led Cook to a ditch behind a house at 916 Harrison Street. The house had a crawl space below it, and Cook saw a hand holding the door shut. Cook reported that he drew his weapon, opened the door to the crawl space, and saw Shumpert. He ordered Shumpert to come out or the dog would bite him, but Shumpert did not emerge. Cook then instructed the dog to bite Shumpert. The dog bit Shumpert on the arm, and Shumpert began punching the dog and grabbing its head. Shumpert escaped the dog by taking off his own shirt—which the dog had hold of—and ran out of the crawl space to tackle Cook.
Cook said he landed a couple of punches on Shumpert before Shumpert forced him to the ground. Once on the ground, Cook said that he was punching with both hands, including the hand that was holding his gun, and may have struck Shumpert with his gun. Cook described Shumpert as being on top of him and striking him in the face multiple times. Cook said that he “tried to fight back but I began to see stars and thought I was going to loose [sic] consciousness and I was in fear for my life.” Cook then remembers shooting his gun three or four times.
Three other officers, none of whom could see the incident, each reported hearing about four gunshots in quick succession. Three civilian witnesses heard the shooting as well, but none saw it. Two officers ran to the scene immediately after the shooting. Radio traffic shows that the officers called for medical support within two minutes of the shooting, and that Shumpert was transported to North Mississippi Medical Center several minutes after that. He died from the gunshot wounds about five hours later.
In this instance, there is no reliable evidence to contradict the assertion that Cook fired at Shumpert because he perceived him to be a deadly threat to himself and others. When officers first encountered Shumpert, they attempted to defuse the situation using repeated verbal commands to surrender. Cook also attempted to use non-lethal means, including the patrol dog. It was only when Shumpert punched Cook in the head and Cook feared losing consciousness that he fired his gun.
Based on a legal analysis of the record, the U.S. Attorney and the Civil Rights Division have concluded that there is insufficient evidence to establish that Cook acted with the requisite criminal intent. Therefore, after a careful and thorough review, experienced federal prosecutors have determined that the evidence is insufficient to prove, beyond a reasonable doubt, that Cook violated 18 U.S.C. § 242. Accordingly, the review into this incident has been closed without prosecution.
The U.S. Attorney’s Office, the Civil Rights Division, and the FBI are committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department will aggressively prosecute criminal civil rights violations whenever there is sufficient evidence to do so.
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Stringer Residents Sentenced in Health Care CaseRead the Press Release
Hattiesburg, Miss. – Larry Carlton Jenkins, age 60, of Stringer, Mississippi, was sentenced on March 23, 2017 by U.S. District Judge Keith Starrett to 37 months in federal prison followed by three years of supervised release for making a false statement relating to a health care matter, announced Acting U.S. Attorney Harold Brittain and Special Agent in Charge Derrick Jackson of the Health and Human Services Administration - Office of Inspector General.
Annie Elizabeth Jenkins, age 61, was sentenced to 13 months in federal prison followed by one year of supervised release for misprision of felony. Both defendants were ordered to pay restitution in the amount of $223,593.87 to the Centers for Medicaid and Medicare Services,
From November, 2009, and continuing thereafter until August, 2010, Larry Jenkins and Annie Elizabeth Jenkins owned and operated Available Medical Supplies, Inc. ("AMS"), a business which purported to provide medical equipment and compounded inhalation drugs in and around Laurel, Mississippi. AMS, as a medical provider, submitted claims for reimbursement to the Medicare program. During the time period charged, AMS, through Larry Jenkins, represented on claims that the inhalation drugs reflected on such claims for reimbursement were non-compounded inhalation drugs.
As of July 1, 2007, the Centers for Medicare/Medicaid Services revised nationwide policy regarding compounded inhalation solutions. After July 1, 2007, all compounded inhalation solutions were denied as not medically necessary for dates of service on or after July 1, 2007. AMS, after July of 2007, at the direction of Larry Jenkins, continued to compound inhalation drugs but billed Medicare for reimbursement as if they were non-compounded drugs.
Annie Elizabeth Jenkins, the compliance officer, knew of the false statements being made, failed to notify the appropriate authorities, and took affirmative action to conceal the fraudulent billing.
This case was investigated by the Health and Human Services Administration-Office of the Inspector General-Office of Investigations. It was prosecuted by Assistant U.S. Attorney Andrea Jones.
Mississippi Corrections Officers Plead Guilty to Inmate Assault and Cover-UpRead the Press Release
WASHINGTON – The Justice Department announced that Mississippi corrections officer, Lawardrick Marsher, pleaded guilty today in federal court to beating an inmate in Mississippi’s Parchman prison. A second officer, Robert Sturdivant, pleaded guilty to helping conceal the beating of the inmate.
According to his guilty plea, Marsher, 29, used excessive force in punching and kicking the victim, identified as K.H., who suffered a broken orbital bone, permanent vision loss and severe blood loss. The assault occurred on March 9, 2014. Marsher also admitted to submitting a false report and lying to the FBI. Sturdivant, 47, Marsher’s supervisor, admitted that he also punched and kicked K.H. and urged fellow officers to submit false statements to their department and to lie to the FBI.
“Every American, including those who are incarcerated, is protected by the U.S. Constitution,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “When officers who we expect to uphold those rights willfully violate them, and lie to cover it up, the Justice Department will vigorously enforce the laws prohibiting this misconduct.”
“The defendant abused his authority, violated the law and the public trust,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “The U.S. Attorney’s Office for the Northern District of Mississippi is committed to aggressively prosecuting those correctional officers who break the law and violate an individual’s constitutional rights.”
“Occasionally, incarceration can lead to an emotionally charged atmosphere, but we lose credibility and moral authority when prison guards are guilty of violating the civil rights of those they are sworn to protect,” said Special Agent in Charge Christopher Freeze of the FBI Jackson Division. “While incarcerated individuals have relinquished their right to freedom, they have not renounced their civil rights.”
On June 21, 2016, Marsher and Sturdivant were indicted by a grand jury. Two other officers, Deonte Pate, 23, and Romander Nelson, 44, pleaded guilty to charges in connection with the beating. Pate admitted to conspiring to cover up the beating, and Nelson pleaded guilty to a misdemeanor charge of failing to protect K.H.
Marsher faces a statutory maximum sentence of 10 years in prison; Sturdivant faces a statutory maximum sentence of five years in prison. Sentencing for Marsher and Sturdivant is tentatively scheduled for June 9 and 8, respectively. Pate’s sentencing is scheduled for March 16; Nelson’s sentencing is scheduled for April 6.
This case was investigated by the FBI’s Jackson Division, with cooperation from the Mississippi Department of Corrections. It was prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorneys Rebekah Bailey and Dana Mulhauser of the Civil Rights Division.
Mississippi Corrections Officers Plead Guilty to Inmate Assault and Cover-UpRead the Press Release
The Justice Department announced that Mississippi corrections officer, Lawardrick Marsher, pleaded guilty today in federal court to beating an inmate in Mississippi’s Parchman prison. A second officer, Robert Sturdivant, pleaded guilty to helping conceal the beating of the inmate.
According to his guilty plea, Marsher, 29, used excessive force in punching and kicking the victim, identified as K.H., who suffered a broken orbital bone, permanent vision loss and severe blood loss. The assault occurred on March 9, 2014. Marsher also admitted to submitting a false report and lying to the FBI. Sturdivant, 47, Marsher’s supervisor, admitted that he also punched and kicked K.H. and urged fellow officers to submit false statements to their department and to lie to the FBI.
“Every American, including those who are incarcerated, is protected by the U.S. Constitution,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “When officers who we expect to uphold those rights willfully violate them, and lie to cover it up, the Justice Department will vigorously enforce the laws prohibiting this misconduct.”
“The defendant abused his authority, violated the law and the public trust,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “The U.S. Attorney’s Office for the Northern District of Mississippi is committed to aggressively prosecuting those correctional officers who break the law and violate an individual’s constitutional rights.”
“Occasionally, incarceration can lead to an emotionally charged atmosphere, but we lose credibility and moral authority when prison guards are guilty of violating the civil rights of those they are sworn to protect,” said Special Agent in Charge Christopher Freeze of the FBI Jackson Division. “While incarcerated individuals have relinquished their right to freedom, they have not renounced their civil rights.”
On June 21, 2016, Marsher and Sturdivant were indicted by a grand jury. Two other officers, Deonte Pate, 23, and Romander Nelson, 44, pleaded guilty to charges in connection with the beating. Pate admitted to conspiring to cover up the beating, and Nelson pleaded guilty to a misdemeanor charge of failing to protect K.H.
Marsher faces a statutory maximum sentence of 10 years in prison; Sturdivant faces a statutory maximum sentence of five years in prison. Sentencing for Marsher and Sturdivant is tentatively scheduled for June 9 and 8, respectively. Pate’s sentencing is scheduled for March 16; Nelson’s sentencing is scheduled for April 6.
This case was investigated by the FBI’s Jackson Division, with cooperation from the Mississippi Department of Corrections. It was prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorneys Rebekah Bailey and Dana Mulhauser of the Civil Rights Division.
Olive Branch Man Sentenced to 50 Years in Prison for Production and Distribution of Child PornographyRead the Press Release
OXFORD – Stephen Richard Lightman, 34, of Olive Branch, Mississippi, was sentenced by U.S. District Judge Neal B. Biggers, Jr., in Oxford, Mississippi on December 12, 2016, to serve 360 months in prison for production of child pornography, and 240 months in prison for distribution of child pornography. Lightman will serve the two sentences consecutively, totaling 50 years in prison.
Lightman will also serve a lifetime of supervised release following his incarceration and was ordered to pay $15,000 in restitution to victims of his offense. Lightman was remanded to the custody of the United States Marshals Service to await designation by the Federal Bureau of Prisons.
U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Special Agent in Charge Christopher Freeze of the FBI’s Jackson, Mississippi Division, and Mississippi Attorney General Jim Hood made the announcement.
“The United States Attorney’s Office for the Northern District of Mississippi is committed to the protection of our children and we will vigorously prosecute those predators who seek to exploit and abuse them. Our office appreciates the hard work of all the federal, state, and local agencies that participated in this investigation,” said U.S. Attorney Adams.
“Criminals who produce and distribute child pornography violate the rights of our society’s most precious asset,” said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. “This case and sentence should send a strong message to those who participate in these nefarious activities that law enforcement in Mississippi is committed to seeking out, investigating and prosecuting those who prey on children.”
"After working with other AGs for the past 14 years and as a DA and assistant AG for 13 years prior to that, I have learned that law enforcement at the local, state and federal levels in Mississippi cooperate better than the vast majority in other states," Attorney General Jim Hood said. "We all make the best of the law enforcement assets we have. Our cooperative model in the investigation, arrest and prosecution of this child pornographer is a prime example. There is no U. S. Attorney's Office in America any better on child exploitation prosecutions than our Northern District Office."
On June 14, 2016, a federal grand jury returned a four count indictment charging Lightman with two counts of production of child pornography; one count of possession of child pornography and one count of distribution of child pornography. On August 1, 2016, Lightman pled guilty to Counts One and Four of the indictment, production of child pornography and distribution of child pornography.
The FBI Jackson Division’s Child Exploitation Task Force conducted the investigation, with assistance from the DeSoto County Sheriff’s Department. The task force is composed of agents from the FBI and the Mississippi Attorney General’s Office and prosecutors from the United States Attorney’s Offices in Oxford and Jackson.
Alabama Man Sentenced to 10 Years in Prison for Child ExploitationRead the Press Release
OXFORD – Wesley Scott Greene, 25, of Opelika, Alabama, was sentenced by Chief U.S. District Judge Sharion Aycock in Aberdeen, Mississippi, today to serve 120 months in prison for child exploitation, and 120 months in prison for crossing state lines to engage in sexual activity with a minor. Greene will serve the two sentences concurrently.
Greene will also serve 10 years of supervised release following his incarceration. Greene was remanded to the custody of the United States Marshals Service to begin his sentence.
U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Special Agent in Charge Christopher Freeze of the FBI’s Jackson, Mississippi Division, and Mississippi Attorney General Jim Hood made the announcement.
“The United States Attorney’s Office for the Northern District of Mississippi is committed to the protection of our children and we will vigorously prosecute those predators who seek to exploit and abuse them. Our office appreciates the hard work of all the federal, state, and local agencies that participated in this investigation,” said U.S. Attorney Adams.
“As technology advances, criminals continue to find new ways to prey on children,” said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. “The FBI will remain vigilant to technological advances to stay one step ahead of those attempting to exploit children.”
"The conclusion of this case is another good example of how effective law enforcement agencies can be when they work collaboratively to take criminals off the streets and away from our children,” said Mississippi Attorney General Jim Hood. “It’s extremely important for us to continue working together as state, federal and local partners to protect kids from those who would exploit and abuse them.”
Greene was arrested by FBI Agents and Task Force Officers on March 24, 2016 in his former hometown of Opelika, Alabama. In April 2016, the federal grand jury returned a two count indictment charging Greene with violations of 18 USC 2422(b), using facilities in interstate commerce to entice or coerce a minor to engage in sexual activity, and 18 USC 2423(b), traveling in interstate commerce to engage in sexual activity of a minor. On July 25, 2016, Greene pled guilty to both charges.
The FBI Jackson Division’s Child Exploitation Task Force conducted the investigation with assistance from the Itawamba County Sheriff’s Department and the FBI in Auburn, Alabama. The task force is composed of agents from the FBI and the Mississippi Attorney General’s Office and prosecutors from the United States Attorney’s Offices in Oxford and Jackson.
Sex Offender Who Failed to Register Given 10 Years in JailRead the Press Release
OXFORD, Miss. B Felicia C. Adams, United States Attorney for the Northern District of Mississippi, announced that:
John Graham Roberts, 50, of Hardy, Arkansas and Water Valley, Mississippi, was sentenced for failing to register under the Federal Sex Offender Registration and Notification Act, on Tuesday, November 17, 2016, by United States District Judge Michael P. Mills, in Oxford, Mississippi. Judge Mills ordered Roberts to serve the maximum term of 120 months in prison. Roberts was also sentenced to serve a lifetime term of supervised release.
Roberts plead guilty on July 21, 2016, to a one-count Indictment charging him with a violation of Title 18, Section 2250, for knowingly failing to register as a sex offender and keep his registration as a sex offender updated as required by law Mississippi and Arkansas.
The United States Marshal Service (USMS) arrested Roberts on May 4, 2016, after receiving a tip that he was living in Mississippi and had not registered as a sex offender. The USMS investigation revealed that Roberts had lived in at least two different judicial districts without registering. Roberts was originally convicted in 1994 in Sharp County, Arkansas, for rape and sexual abuse in the 1st degree of 6 boys. Subsequently, in 2005, Roberts was convicted of failure to register as a sex offender in Desoto County, Mississippi.
United States Attorney Felicia C. Adams stated: “The federal Sex Offender Registration and Notification Act requires that sex offenders who move must register. It establishes a means for law enforcement to know the whereabouts of known sex offenders and is a means for the public to determine if a sex offender is living nearby. When an offender knowingly ignores the registration requirements, they violate the law. Such blatant disregard of the law which provides for the safety and protection of our children and neighborhoods must not be tolerated. The U.S. Marshals Service is to be commended for their diligent investigation and the arrest of Roberts.”
Unregistered sex offenders became federal fugitives, and they are a priority for our Deputy U.S. Marshals,” said Dennis Erby, the United States Marshal for the Northern District of Mississippi. “We worked closely with the Deputy United States Marshals from the Eastern District of Arkansas, with assistance from the Arkansas State Police on this case and will continue to work with all of our state and local partners to arrest those sex offenders who lurk in our neighborhoods, and threaten the safety of our children and communities,” added Erby.
The Sex Offender Registration and Notification Act (SORNA), enacted on July 27, 2006, requires a sex offender to register, and keep the registration current, in each jurisdiction where the offender resides, works and goes to school. SORNA is part of the Adam Walsh Child Protection and Safety Act which creates a comprehensive national system and requirements for sex offender registration, and criminal penalties for those who knowingly fail to register or update registration.
This case was investigated by the United States Marshal's Service and prosecuted by Assistant U.S. Attorneys Clay Joyner and J. Wesley Webb.
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Former Mississippi Corrections Officer Pleads Guilty to Cover-Up of Inmate AssaultRead the Press Release
WASHINGTON – The Justice Department announced today that former Mississippi correctional officer Deonte Pate, 23, pleaded guilty today to helping conceal the beating of an inmate.
Pate admitted to conspiring to cover up a beating carried out by two other officers, who were also charged for their roles in the incident. Pate acknowledged that he submitted false reports and lied to the FBI in order to prevent knowledge of the beating from reaching outside authorities. He was charged in June with officers Lawardrick Marsher, 28, and Robert Sturdivant, 47. All three were officers at Mississippi State Penitentiary in Parchman, Mississippi.
The indictment charged Marsher and Sturdivant with kicking, punching and throwing the victim to the ground. The indictment also alleges that their actions involved the use of a dangerous weapon and resulted in bodily injury to the victim.
“In the closed prison environment, we rely on corrections officers to protect the safety and well-being of inmates,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “When officers abuse inmates – or in this case lie to cover up abuse – their actions offend the law and undermine the integrity of our justice system.”
“The defendant abused his authority, violated the law and the public trust,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “The U.S. Attorney’s Office for the Northern District of Mississippi is committed to aggressively prosecuting those correctional officers who break the law and violate an individual’s constitutional rights.”
“Public servants should be held to a higher standard, especially those tasked with maintaining order and watching over our prisons,” said Special Agent in Charge Donald Alway of the FBI Jackson Division. “When corrections officers violate the civil rights of those they are sworn to protect, the entire system suffers the consequences. We appreciate the long standing relationships with our local, state and federal partners that aided in this investigation.”
Pate faces a maximum sentence of five years in prison. Sentencing is tentatively scheduled for March 16, 2017. The charges against Marsher and Sturdivant are still pending and trial is scheduled for Feb. 6, 2017.
An indictment is merely an accusation, and the remaining defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s Jackson Division, with the cooperation of the Mississippi Department of Corrections. It is being prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section.
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Aryan Brotherhood of Mississippi Gang Member Sentenced to Life in Prison for Racketeering Conspiracy and Related OffensesRead the Press Release
WASHINGTON – A member of the Aryan Brotherhood of Mississippi (ABM) gang was sentenced to life in prison for his participation in a variety of violent criminal acts, including racketeering conspiracy, murder, kidnapping, methamphetamine production and trafficking and other related offenses.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Special Agent in Charge Stephen G. Azzam of the Drug Enforcement Administration’s (DEA) New Orleans Field Office, Special Agent in Charge Constance Hester of the Bureau of Alcohol, Tobacco, Fire and Explosives (ATF) New Orleans Field Office, Special Agent in Charge Donald Alway of the FBI in Mississippi and Director John Dowdy of the Mississippi Bureau of Narcotics (MBN) made the announcement.
“Criminal enterprises like the ABM hold communities hostage with fear and violence, but they can be hard to prosecute because they stretch across jurisdictions,” said Assistant Attorney General Caldwell. “This case demonstrates our commitment to targeting the leadership and structure of these gangs, building on the successful racketeering prosecutions of the AB in Texas, Oklahoma and now Mississippi. We will not stop until these gangs are dismantled and their members are behind bars.”
“This prosecution is the result of an unprecedented collaboration between the Department of Justice, federal, state and local law enforcement officers targeting a large-scale prison gang involved in violent organized crime throughout the state of Mississippi,” said U.S. Attorney Adams. “As a result of this collaborative effort, we have effectively dismantled this violent organization and sent a clear message that the United States Attorney’s Office and our law enforcement partners have an unwavering commitment to hold those individuals accountable who insist on creating an atmosphere of violence and fear in our communities.”
“Our neighborhoods deserve to exist without fear and intimidation inflicted by violent drug gangs like the Aryan Brotherhood of Mississippi,” said Special Agent in Charge Azzam. “The sentencing of this gang member should be a warning to others who prey on the weak and defenseless through their drug trafficking and violent acts. We will continue to work with all of our law enforcement partners, to relentlessly pursue these violent criminals and drug traffickers plaguing our communities.”
“The substantial sentence imposed today sends a strong message to the defendant and to other violent gangs that they will be held accountable for their criminal activities,” said Special Agent in Charge Hester. “ATF will utilize every available resource to combat violent crime. We will continue to collaborate with all of our federal, state and local law enforcement partners in identifying, disrupting and dismantling the violent gangs that prey on our local communities.”
“The convictions in these cases reflect a major disruption of a large organization that incubates in our prison systems and spills over to our streets," said Special Agent in Charge Donald Alway. “Recognizing and neutralizing these organizations is vitally important, and thanks to the joint efforts of our local, state and federal law enforcement partners, Mississippi is much safer.”
“This verdict and the culmination of this case, again, are another example of the outstanding teamwork of federal, state and local law enforcement,” said Director Dowdy. “The dismantling of this organization represents the continuing commitment in law enforcement to protecting the public safety for all Mississippians.”
Frank George Owens Jr., 44, aka State Raised, of D’Iberville, Mississippi, a member of ABM, was sentenced yesterday to serve an additional 120 months for attempted murder by U.S. District Judge Glen H. Davidson of the Northern District of Mississippi. On April 13, 2016, Owens was found guilty by a federal grand jury of engaging in a racketeering conspiracy, murder, kidnapping and attempted murder.
The ABM is the Mississippi-centered branch of the Aryan Brotherhood, a violent, “whites only,” prison-based gang with members and associates operating inside and outside of state penal institutions. The ABM is engaged in racketeering activities, including murder, attempted murder, kidnapping, assault, money laundering, firearms trafficking and trafficking in marijuana and methamphetamine, both inside and outside correctional facilities. According to trial evidence, Owens and three co-defendants served at varying times on the ABM’s three-member “wheel” that oversaw and directed ABM activity throughout Mississippi during the conspiracy.
According to evidence presented at trial, Owens and other ABM leaders ordered others to lure an individual to an ABM house so that they could murder him for an unpaid drug debt. Owens and Eric Glenn Parker beat the victim to death and delivered the body to a co-defendant, who burned the victim’s body for days in order to incinerate it. In addition, in a separate incident, Owens ordered the stabbing of a gang member for threatening to rape a child. The gang member was stabbed five times.
Today’s sentencing marks the culmination of a 2.5-year investigation into and prosecution of ABM, which resulted in the conviction of 42 members and associates of the gang. Parker, 35, of Richton, Mississippi, was convicted along with Owens of engaging in a racketeering conspiracy, murder and conspiracy to possess with intent to distribute at least 500 grams of methamphetamine. Parker’s sentencing has not yet been scheduled.
The DEA, ATF, FBI and the MBN investigated the case. The U.S. Marshals Service; Federal Protective Service; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Mississippi Highway Patrol; Mississippi Bureau of Investigation; Mississippi Department of Corrections; Harrison County, Mississippi, Sheriff’s Office; South Mississippi Metro Enforcement Team; Tupelo, Mississippi, Police Department; North Mississippi Narcotics Unit; Tishomingo County, Mississippi, Sheriff’s Office; Lee County, Mississippi, Sheriff’s Office; Forrest County, Mississippi, District Attorney’s Office; Prentiss County, Mississippi, Sheriff’s Office; Jones County, Mississippi, Sheriff’s Office; Harrison County, Mississippi, Sheriff’s Office; and South Mississippi Metro Enforcement Team provided valuable assistance in the investigation. The Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Offices of the Northern and Southern Districts of Mississippi prosecuted the case.
Aryan Brotherhood of Mississippi Gang Member Sentenced to Life in Prison for Racketeering Conspiracy and Related OffensesRead the Press Release
A member of the Aryan Brotherhood of Mississippi (ABM) gang was sentenced to life in prison for his participation in a variety of violent criminal acts, including racketeering conspiracy, murder, kidnapping, methamphetamine production and trafficking and other related offenses.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Special Agent in Charge Stephen G. Azzam of the Drug Enforcement Administration’s (DEA) New Orleans Field Office, Special Agent in Charge Constance Hester of the Bureau of Alcohol, Tobacco, Fire and Explosives (ATF) New Orleans Field Office, Special Agent in Charge Donald Alway of the FBI in Mississippi and Director John Dowdy of the Mississippi Bureau of Narcotics (MBN) made the announcement.
“Criminal enterprises like the ABM hold communities hostage with fear and violence, but they can be hard to prosecute because they stretch across jurisdictions,” said Assistant Attorney General Caldwell. “This case demonstrates our commitment to targeting the leadership and structure of these gangs, building on the successful racketeering prosecutions of the AB in Texas, Oklahoma and now Mississippi. We will not stop until these gangs are dismantled and their members are behind bars.”
“This prosecution is the result of an unprecedented collaboration between the Department of Justice, federal, state and local law enforcement officers targeting a large-scale prison gang involved in violent organized crime throughout the state of Mississippi,” said U.S. Attorney Adams. “As a result of this collaborative effort, we have effectively dismantled this violent organization and sent a clear message that the United States Attorney’s Office and our law enforcement partners have an unwavering commitment to hold those individuals accountable who insist on creating an atmosphere of violence and fear in our communities.”
“Our neighborhoods deserve to exist without fear and intimidation inflicted by violent drug gangs like the Aryan Brotherhood of Mississippi,” said Special Agent in Charge Azzam. “The sentencing of this gang member should be a warning to others who prey on the weak and defenseless through their drug trafficking and violent acts. We will continue to work with all of our law enforcement partners, to relentlessly pursue these violent criminals and drug traffickers plaguing our communities.”
“The substantial sentence imposed today sends a strong message to the defendant and to other violent gangs that they will be held accountable for their criminal activities,” said Special Agent in Charge Hester. “ATF will utilize every available resource to combat violent crime. We will continue to collaborate with all of our federal, state and local law enforcement partners in identifying, disrupting and dismantling the violent gangs that prey on our local communities.”
“The convictions in these cases reflect a major disruption of a large organization that incubates in our prison systems and spills over to our streets," said Special Agent in Charge Donald Alway. “Recognizing and neutralizing these organizations is vitally important, and thanks to the joint efforts of our local, state and federal law enforcement partners, Mississippi is much safer.”
“This verdict and case conclusion is another example of the outstanding teamwork in Mississippi among federal, state and local law enforcement,” said Director Dowdy. “The dismantling of this organization represents the continuing commitment in law enforcement to protecting the public safety of all Mississippians.”
Frank George Owens Jr., 44, aka State Raised, of D’Iberville, Mississippi, a member of ABM, was sentenced yesterday to serve an additional 120 months for attempted murder by U.S. District Judge Glen H. Davidson of the Northern District of Mississippi. On April 13, 2016, Owens was found guilty by a federal grand jury of engaging in a racketeering conspiracy, murder, kidnapping and attempted murder.
The ABM is the Mississippi-centered branch of the Aryan Brotherhood, a violent, “whites only,” prison-based gang with members and associates operating inside and outside of state penal institutions. The ABM is engaged in racketeering activities, including murder, attempted murder, kidnapping, assault, money laundering, firearms trafficking and trafficking in marijuana and methamphetamine, both inside and outside correctional facilities. According to trial evidence, Owens and three co-defendants served at varying times on the ABM’s three-member “wheel” that oversaw and directed ABM activity throughout Mississippi during the conspiracy.
According to evidence presented at trial, Owens and other ABM leaders ordered others to lure an individual to an ABM house so that they could murder him for an unpaid drug debt. Owens and Eric Glenn Parker beat the victim to death and delivered the body to a co-defendant, who burned the victim’s body for days in order to incinerate it. In addition, in a separate incident, Owens ordered the stabbing of a gang member for threatening to rape a child. The gang member was stabbed five times.
Today’s sentencing marks the culmination of a 2.5-year investigation into and prosecution of ABM, which resulted in the conviction of 42 members and associates of the gang. Parker, 35, of Richton, Mississippi, was convicted along with Owens of engaging in a racketeering conspiracy, murder and conspiracy to possess with intent to distribute at least 500 grams of methamphetamine. Parker’s sentencing has not yet been scheduled.
The DEA, ATF, FBI and the MBN investigated the case. The U.S. Marshals Service; Federal Protective Service; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Mississippi Highway Patrol; Mississippi Bureau of Investigation; Mississippi Department of Corrections; Harrison County, Mississippi, Sheriff’s Office; South Mississippi Metro Enforcement Team; Tupelo, Mississippi, Police Department; North Mississippi Narcotics Unit; Tishomingo County, Mississippi, Sheriff’s Office; Lee County, Mississippi, Sheriff’s Office; Forrest County, Mississippi, District Attorney’s Office; Prentiss County, Mississippi, Sheriff’s Office; Jones County, Mississippi, Sheriff’s Office; Harrison County, Mississippi, Sheriff’s Office; and South Mississippi Metro Enforcement Team provided valuable assistance in the investigation. The Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Offices of the Northern and Southern Districts of Mississippi prosecuted the case.
Northern District of Mississippi 2016 Election InformationRead the Press Release
United States Attorney Felicia C. Adams announced today that Assistant United States Attorney (AUSA) Robert W. Coleman II, will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Coleman has been appointed to serve as the District Election Officer (DEO) for the Northern District of Mississippi, and in that capacity is responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
United States Attorney Adams said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Adams stated that AUSA/DEO Coleman will be on duty in this District while the polls are open. He can be reached by the public at the following telephone number: (662) 234-3351.
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (662) 234-3323.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
United States Attorney Adams said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
Biloxi Businessman Sentenced for Kickback Scheme with Mississippi Department of Corrections CommissionerRead the Press Release
Gulfport, Miss - Robert Simmons, 60, of Biloxi, was sentenced by U.S. District Judge Sul Ozerden to 87 months in prison followed by three years of supervised release for carrying out a complicated kickback scheme in which he paid money to the commissioner of the Mississippi Department of Corrections (MDOC) and to a Harrison County Supervisor in exchange for lucrative contracts with the state and county, announced Acting U.S. Attorney Harold Brittain and FBI Special Agent in Charge Donald Alway. Simmons was also ordered to pay a $10,000 fine.
By virtue of Simmons’ relationship with the commissioner and supervisor and the kickbacks which he paid to both, he was successful in securing and keeping contracts with both governmental entities. Specifically, from 2012 through August 2014, Simmons was paid $4,000 a month as a consultant for Sentinel Offender Services, L.L.C. (Sentinel). Since 2012, Sentinel was under contract with the Mississippi Department of Corrections (MDOC) to provide services to aid in the monitoring and managing of offenders sentenced to probation or parole. Simmons deposited a portion of his monthly pay, a kickback of $1400, directly into the bank account of Christopher Epps, the Commissioner of the MDOC, at bank branch locations along the Mississippi Gulf Coast.
AJA Management and Technical Services (AJA) provided construction management services to the MDOC for the construction of the $40,000,000 expansion to the East Mississippi Correctional Facility and a $40,000,000 expansion to the Walnut Grove Youth Correctional Facility. Throughout the eighteen month period of construction, Simmons received a monthly consulting fee from AJA of $10,000. Every month, a portion of Simmons’ consulting fee was paid to the Commissioner of the MDOC.
From approximately 2005 through 2011, Health Assurance L.L.C. contracted with the Harrison County Jail to provide inmate medical services. The owner of Health Assurance L.L.C. paid Simmons a consulting fee which, at the end of the contract, was as high as $10,000 a month. Throughout this period of time, Simmons made payments in the amount of $2,000 a month to a Harrison County Supervisor for assistance provided in securing the contract at the Harrison County Jail for inmate medical services.
Throughout the relevant time period, the Commissioner of the MDOC exercised influence in the awarding of contracts with the MDOC. In return for these contracts and in order to secure future contracts and favors, Simmons began paying Commissioner Epps.
In summary, Simmons paid bribes and kickbacks to a Harrison county supervisor and to the commissioner of the Mississippi Department of Corrections, and both Harrison County and the Mississippi Department of Corrections received more than $10,000 during each one year period beginning in 2008 and continuing through 2014.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Jay Golden.
Mississippi Man Sentenced to Eight Years in Prison for Conspiring to Provide Material Support to ISILRead the Press Release
Muhammad Oda Dakhlalla, 23, of Starkville, Mississippi, was sentenced today to serve 96 months in prison for conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.
On March 13, Dakhlalla pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who imposed today’s sentence and ordered Dakhlalla to serve a 15-year term of supervised release.
Dakhlalla pleaded guilty to conspiring with Jaelyn Delshaun Young, 20, also of Starkville, to provide material support to ISIL. Young pleaded guilty to the same charge on March 30 and was sentenced to serve 12 years in prison to be followed by 15 years of supervised release on Aug. 11.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case was prosecuted by Assistant U.S. Attorneys Clay Joyner and Bob Norman of the Northern District of Mississippi and Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
Mississippi Man Sentenced to Eight Years in Prison for Conspiring to Provide Material Support to ISILRead the Press Release
WASHINGTON – Muhammad Oda Dakhlalla, 23, of Starkville, Mississippi, was sentenced today to serve 96 months in prison for conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.
On March 13, Dakhlalla pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi, who imposed today’s sentence and ordered Dakhlalla to serve a 15-year term of supervised release.
Dakhlalla pleaded guilty to conspiring with Jaelyn Delshaun Young, 20, also of Starkville, to provide material support to ISIL. Young pleaded guilty to the same charge on March 30 and was sentenced to serve 12 years in prison to be followed by 15 years of supervised release on Aug. 11.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case was prosecuted by Assistant U.S. Attorneys Clay Joyner and Bob Norman of the Northern District of Mississippi and Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
Mississippi Woman Sentenced in Mail Fraud InvestigationRead the Press Release
OXFORD, Mississippi – U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Inspector in Charge Tom Noyes of the U.S. Postal Inspection Service, and U.S. Veteran’s Affair Resident Agent in Charge John Ramsey announce that Tammi Henderson Palasini, 53, of Indianola, Mississippi, was sentenced yesterday by Chief U.S. District Judge Sharion Aycock to 53 months in prison, concurrent with the sentence imposed by the State of Mississippi, 3 years Supervised Release following imprisonment and restitution in the amount of $2,441,884.01.
Palasini had previously plead guilty to devising and executing a scheme to defraud investors, including U.S. Military veterans, through the use of the U.S. Mail, in violation of 18 U.S.C. 1341.
U.S. Attorney Felicia C. Adams said, “The acts committed by Ms. Palasini tell a disturbing tale of avarice and greed. She defrauded veterans and other investors for her own financial gain. The sentence Palasini received reinforces the message that federal courts view fraud as a serious crime that warrants significant punishment. The United States Attorney’s Office is committed to holding fraudsters like Palasini accountable for their illegal activities.”
Palasini was remanded to the custody of the U.S. Marshals Service to await transfer to the facility designed by the Bureau of Prison for service of the sentence.
The investigation was conducted by the U.S. Postal Inspection Service and U.S. Department of Veteran Affairs, Office of Inspector General. The case was prosecuted by Assistant U.S. Attorney Robert W. Coleman II.
Two Grenada County Men Pled Guilty to the Illegal Sale of Game FishRead the Press Release
OXFORD, Miss. Felicia C. Adams, United States Attorney for the Northern District of Mississippi, and Luis Santiago, Special Agent in Charge of the United States Fish and Wildlife Service, announced that:
Roger Lee Reed, 56, of Holcomb, Mississippi, and John Randle, 80, of Grenada, Mississippi, plead guilty before United States Magistrate Judge David A. Sanders, in Aberdeen, Mississippi, on July 29, 2016, and June 30, 2016, respectively, to one count each of the sale of game fish, including crappie, in violation of state and federal law. Curtis V. Brown, 73, of Coffeeville, Mississippi, was convicted on June 30, 2016, following a bench trial before Magistrate Judge Sanders of one count of the sale of game fish, including crappie, in violation of state and federal law.
Following their convictions, each defendant was sentenced to a term of probation of two (2) years and ordered to pay a fine of $975.00 each. As a condition of their probation, each defendant will be prohibited from hunting or fishing in any manner or any location for a period of one (1) year and each defendant will likewise be prohibited from entering any Corps of Engineers property for a period of two (2) years. Reed will also be prohibited from entering any National Wildlife Refuge property for a period of two (2) years.
United States Fish and Wildlife Service Special Agent in Charge Santiago stated that: "We take our mission working with the Mississippi Department of Wildlife, Fisheries, and Parks and the citizens of Mississippi in conserving, protecting, and enhancing fish, wildlife, plants and their habitats very seriously, investigating those who choose to violate state and federal laws. Those who violate the law undermine the proud tradition of fair harvest for all anglers and other outdoor enthusiasts."
“We will continue to work joint investigations with the United States Fish and Wildlife Service and continue to seek full prosecution of those who violate our laws” says Colonel Steve Adcock, Mississippi Department of Wildlife, Fisheries, and Parks.
This case was investigated by the United States Fish and Wildlife Service Office of Law Enforcement and the Mississippi Department of Wildlife, Fisheries and Parks.
Ackerman Man Pleads Guilty to Two Counts of Harvesting Deer on Natchez TraceRead the Press Release
OXFORD, Miss. Felicia C. Adams, United States Attorney for the Northern District of Mississippi, and Luis Santiago, Special Agent in Charge of the United States Fish and Wildlife Service, announced that:
James Larry McClure, 41, of Ackerman, Mississippi, pled guilty on July 28, 2016, before United States Magistrate Judge David A. Sanders, in Aberdeen, Mississippi, to two counts of harvesting White-tailed Deer within the boundary of the Natchez Trace Parkway in violation of federal law.
Following his guilty plea, McClure was sentenced to a term of probation of two (2) years and ordered to pay a fine of $3725.00 for each count of conviction, for a total fine of $7450.00. As a condition of his probation, McClure will be prohibited from hunting in any manner or any location for a period of two (2) years.
“This prosecution has been the result of seamless cooperation between the Mississippi Department of Wildlife, Fisheries, and Parks and the United States Fish and Wildlife Service,” said United States Fish and Wildlife Service Special Agent in Charge Santiago. “Our collective efforts help ensure that these resources will be here for future generations of fair chase hunters, trappers and outdoor enthusiasts.”
“Our officers will go to great lengths investigating each case to the fullest, wherever the facts may lead, to ensure justice is served,” states Colonel Steve Adcock, Mississippi Department of Wildlife, Fisheries, and Parks. “We appreciate the efforts of the United States Fish and Wildlife Service and the ability to work closely with them on cases such as this.”
This case was investigated by the United States Fish and Wildlife Service Office of Law Enforcement and the Mississippi Department of Wildlife, Fisheries and Parks.
Second Man Sentenced for Tying Rope Around Neck of James Meredith Statue on Ole Miss CampusRead the Press Release
OXFORD, Miss. - United States Attorney Felicia C. Adams and Special Agent in Charge Donald Alway, FBI, announce that Austin Reed Edenfield, of Kennesaw, Georgia, was sentenced today to twelve months probation and ordered to complete fifty hours of uncompensated community service for tying a rope and Confederate flag around the neck of the James Meredith Statue at the University of Mississippi.
Edenfield pled guilty to one count of using a threat of force to intimidate African-American students and employees because of their race or color on March 24, 2016. He was charged by Information shortly before pleading guilty. Another defendant, Graeme Phillip Harris, pled guilty to the same charge in June 2015 and was sentenced to six months in prison.
“The U.S. Attorney’s Office, in conjunction with the Department of Justice Civil Rights Division, will aggressively prosecute hate crimes and other civil rights violations which occur in our district. I seriously appreciate the assistance of the FBI and the University of Mississippi in the investigation and prosecution of this case”, said U.S. Attorney Adams.
"The FBI remains dedicated to protecting the cherished freedoms of all Americans and, as in this case, we will vigorously investigate allegations of crimes motivated by hate,” said Special Agent in Charge Alway.
Edenfield and Harris acknowledged that they used the cover of darkness to tie the rope and an outdated version of the Georgia state flag – which prominently depicts the Confederate battle flag – around the neck of the statue in the early morning hours of Feb. 16, 2014. The statue honors Meredith’s role as the university’s first African-American student after its contentious 1962 integration. At the time of the incident, both men were students at the university.Edenfield admitted as part of his plea that the appearance of the rope and flag display would be threatening and intimidating to African-American students.
This case was investigated by the FBI’s Jackson Division’s Oxford Resident Agency and the University of Mississippi Police Department. The case is being prosecuted by the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office of the Northern District of Mississippi.
Justice Department and Consumer Financial Protection Bureau Reach Settlement with BancorpSouth Bank to Resolve Allegations of Mortgage Lending DiscriminationRead the Press Release
Settlement Provides Over $10 Million in Monetary Relief Including Loan Subsidies and Compensation for Alleged Victims
The Justice Department and the Consumer Financial Protection Bureau (CFPB) announced a settlement agreement today to resolve allegations that BancorpSouth Bank violated the Fair Housing Act and Equal Credit Opportunity Act (ECOA) by using policies and practices that unlawfully discriminated against African Americans and other residents of predominantly minority communities in the Memphis, Tennessee, area, as well as parts of neighboring Mississippi and Arkansas.
The department and the CFPB alleged that BancorpSouth was illegally “redlining” predominantly minority neighborhoods in the Memphis Metropolitan Statistical Area. Redlining is a discriminatory practice by banks or other financial institutions to deny or avoid providing credit services to a consumer because of the racial demographics of the neighborhood in which the consumer lives. BancorpSouth also allegedly discriminated against African-American applicants in the underwriting and pricing of certain mortgage loans and implemented a policy or practice that required its employees to treat applications differently based on race or other prohibited characteristics.
The settlement agreement, which is subject to court approval, was filed in conjunction with the agencies’ complaint in the U.S. District Court for the Northern District of Mississippi. Under the terms of the settlement, BancorpSouth agreed to pay nearly $7 million in relief for impacted individuals and neighborhoods; invest at least $800,000 in advertising, outreach and community partnership efforts; pay a $3 million civil penalty and amend its policies, standards and training to ensure compliance with fair lending obligations.
“When banks discriminate on the basis of race, they violate our civil rights laws and threaten the foundation of a fair economy,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to enforce our nation’s fair lending laws to ensure that qualified applicants and borrowers can access credit and invest in their financial future without facing unlawful barriers.”
“Race-based lending practices have no place in the credit market,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “The U.S. Attorney’s Office for the Northern District of Mississippi will work diligently with the Department of Justice to ensure that impermissible racially-based lending practices are not used to wrongfully deny qualified applicants’ credit.”
“BancorpSouth’s discrimination throughout the mortgage lending process harmed the people who were overcharged or denied their dream of homeownership based on their race, and it harmed the Memphis minority neighborhoods that were redlined and denied equal access to affordable credit,” said CFPB Director Richard Cordray. “Today’s action is a reminder that redlining and overt discrimination are not yet remnants of the past, and that federal enforcement is needed to bring real relief to communities and individuals. The Consumer Bureau and the Department of Justice will continue working together to root out discrimination in the marketplace and ensure consumers receive fair and equal treatment under the law.”
The complaint alleges that from at least 2011 to 2013, BancorpSouth engaged in redlining and thereby failed to serve the credit needs of predominantly minority neighborhoods in the region. In addition to redlining, the complaint alleges that BancorpSouth’s Community Banking Department loan officers were granted substantial discretion in determining whether to approve or deny a mortgage loan – a process called underwriting – and had limited standards in place to ensure that loan officers consistently priced mortgage loans in the same manner or used the same criteria. Such wide flexibility in loan underwriting and pricing resulted in the bank’s denying African-American applicants for mortgage loans at significantly higher rates than white applicants with similar credit profiles. It also resulted in the bank charging African-American borrowers higher interest rates than similarly-situated white borrowers. The complaint alleges that these consumers were denied and charged higher interest rates because of their race, and not because of their creditworthiness or other objective criteria related to borrower risk.
The complaint also alleges that BancorpSouth’s Mortgage Department implemented a discriminatory loan policy or practice of requiring its employees to deny applications from minorities more quickly than similarly-situated white applicants and to not provide credit assistance to “borderline” applicants that other applicants may have received. In an audio recording of a BancorpSouth meeting held in 2012, a manager told loan officers and processors that applications from minorities and others whom the bank viewed as “protected class members” must be “turned down” within 21 days, while white applicants were not subject to this shorter time frame. During this meeting, BancorpSouth employees made several racially insensitive comments followed by laughter.
BancorpSouth’s discriminatory conduct was further evidenced through testing. In 2013, the CFPB conducted matched-pair testing in six different BancorpSouth branches in Mississippi, Tennessee and Alabama to determine whether BancorpSouth treated individuals who inquired about loans differently based on race. The testing results indicated that loan officers in BancorpSouth’s Mortgage Department treated African-American testers less favorably than similarly-situated white testers.
Under the terms of the proposed settlement, BancorpSouth will invest $4 million in a loan subsidy fund to increase the amount of credit the bank extends to majority minority neighborhoods in the Memphis Metropolitan Statistical Area. In order to make residential mortgage loans available to residents of minority neighborhoods that were not adequately served by BancorpSouth, the bank will further invest at least $800,000 in advertising, outreach and community partnership efforts and open a new full-service branch or loan processing office in a predominantly minority neighborhood. To compensate borrowers harmed by its discriminatory pricing and underwriting policies and practices, BancorpSouth will establish a $2.78 million settlement fund and extend credit offers to unlawfully denied applicants. The settlement will also require BancorpSouth to amend its pricing and underwriting policies; further develop strong internal standards to ensure compliance with fair lending obligations; and provide fair lending training to its employees, senior management and board of directors. The bank must also pay a $3 million civil money penalty to the CFPB.
The Justice Department’s enforcement of fair lending laws is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section. Since 2010, the Civil Rights Division has provided over $1.4 billion in monetary relief for individual borrowers and impacted communities through its enforcement of the Fair Housing Act, ECOA and Servicemembers Civil Relief Act. The Attorney General’s annual reports to Congress on ECOA enforcement highlight the department’s accomplishments in fair lending and are available at www.justice.gov/crt/publications/.
The Civil Rights Division, the U.S. Attorney’s Office of the Northern District of Mississippi and the CFPB are members of the Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets and recover proceeds for victims of financial crimes. For more information about the task force visit www.stopfraud.gov.
A copy of the complaint, as well as additional information about fair lending enforcement by the Justice Department, can be found on the Justice Department’s website at http://www.justice.gov/fairhousing.
BancorpSouth Complaint
BancorpSouth Proposed Consent Order
Three Mississippi Correctional Officers Indicted for Inmate Assault and Cover-UpRead the Press Release
WASHINGTON – In a nine-count indictment unsealed today, two Mississippi correctional officers were charged with beating an inmate and a third was charged with helping to cover it up.
The indictment charged Lawardrick Marsher, 28, and Robert Sturdivant, 47, officers at Mississippi State Penitentiary, in Parchman, Mississippi, with a beating that included kicking, punching and throwing the victim to the ground. Marsher and Sturdivant were charged with violating the right of K.H., a convicted prisoner, to be free from cruel and unusual punishment. Sturdivant was also charged with failing to intervene while Marsher was punching and beating K.H. The indictment alleges that their actions involved the use of a dangerous weapon and resulted in bodily injury to the victim.
A third officer, Deonte Pate, 23, was charged along with Marsher and Sturdivant for conspiring to cover up the beating. The indictment alleges that all three officers submitted false reports and that all three lied to the FBI.
If convicted, Marsher and Sturdivant face a maximum sentence of 10 years in prison on the excessive force charges. Each of the three officers faces up to five years in prison on the conspiracy and false statement charges, and up to 20 years in prison on the false report charges.
An indictment is merely an accusation, and the defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s Jackson Division, with the cooperation of the Mississippi Department of Corrections. It is being prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section.
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Three Mississippi Correctional Officers Indicted for Inmate Assault and Cover-UpRead the Press Release
In a nine-count indictment unsealed today, two Mississippi correctional officers were charged with beating an inmate and a third was charged with helping to cover it up.
The indictment charged Lawardrick Marsher, 28, and Robert Sturdivant, 47, officers at Mississippi State Penitentiary, in Parchman, Mississippi, with a beating that included kicking, punching and throwing the victim to the ground. Marsher and Sturdivant were charged with violating the right of K.H., a convicted prisoner, to be free from cruel and unusual punishment. Sturdivant was also charged with failing to intervene while Marsher was punching and beating K.H. The indictment alleges that their actions involved the use of a dangerous weapon and resulted in bodily injury to the victim.
A third officer, Deonte Pate, 23, was charged along with Marsher and Sturdivant for conspiring to cover up the beating. The indictment alleges that all three officers submitted false reports and that all three lied to the FBI.
If convicted, Marsher and Sturdivant face a maximum sentence of 10 years in prison on the excessive force charges. Each of the three officers faces up to five years in prison on the conspiracy and false statement charges, and up to 20 years in prison on the false report charges.
An indictment is merely an accusation, and the defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the FBI’s Jackson Division, with the cooperation of the Mississippi Department of Corrections. It is being prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section.
Marsher Indictment
Two Aryan Brotherhood of Mississippi Gang Members Convicted on Federal Racketeering ChargesRead the Press Release
WASHINGTON – A federal jury in the Northern District of Mississippi convicted two members of the Aryan Brotherhood of Mississippi (ABM) gang for their participation in various criminal acts, including racketeering conspiracy, methamphetamine production and trafficking, kidnapping, murder and other federal offenses. The verdicts marked the culmination of a 2 ½ year investigation and prosecution of ABM, which resulted in the convictions of 42 members and associates of the gang.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Special Agent in Charge Daniel C. Comeaux of the Drug Enforcement Administration’s (DEA) New Orleans Field Office, Special Agent in Charge Constance Hester of the Bureau of Alcohol, Tobacco, Fire and Explosives (ATF) New Orleans Field Office and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division.
“The Criminal Division and its partners at U.S. Attorney’s Offices appropriately use racketeering laws to target the worst-of-the worst gang members and the leaders of criminal enterprises like the Aryan Brotherhood of Mississippi,” said Assistant Attorney General Caldwell. “Just as we did in the recent Aryan Brotherhood prosecutions in Texas and Oklahoma, we have taken great strides in dismantling a violent gang with a dangerous and repulsive philosophy.”
“This prosecution is the result of an unprecedented collaboration between the Department of Justice, federal, state and local law enforcement officers targeting a large-scale prison gang involved in violent organized crime throughout the state of Mississippi,” said U.S. Attorney Adams. “As a result of this collaborative effort, we have effectively dismantled this violent organization and sent a clear message that the United States Attorney’s Office and our law enforcement partners have an unwavering commitment to hold those individuals accountable who insist on creating an atmosphere of violence and fear in our communities.”
“Today, DEA and our talented team of prosecutors, agents, investigators, and analysts defeated the Aryan Brotherhood,” said Special Agent in Charge Comeaux. “This important success could not have been realized without the brave and courageous collective voice of the jurors in this case. Their verdict, on the heels of an outstanding investigative effort by all involved, sends a resounding message to this once seemingly impenetrable foe that if you attempt to operate a violent drug trafficking criminal enterprise here in the state of Mississippi, you can and will be “branded” with a guilty verdict for your crimes.”
“The outcome of this investigation is sending a positive message to the community on law enforcement’s commitment to keep the community safe,” said Special Agent in Charge Hester. “These verdicts will send a powerful message to the Aryan Brotherhood as well as all gangs throughout the country that if you prey on the citizens we are sworn to protect, you will spend the remaining years of your life in prison.”
“The convictions in these cases reflect a major disruption of a large organization that incubates in our prison systems and spills over to our streets," said Special Agent in Charge Alway. “Recognizing and neutralizing these organizations is vitally important and thanks to the joint efforts of our law enforcement partners at the Mississippi Bureau of Narcotics, Mississippi Bureau of Investigation, Mississippi Department of Corrections, the ATF, DEA and United States Marshals Service, Mississippi is much safer.”
On April 13, 2016, a federal jury convicted Frank George Owens Jr., 44, aka State Raised, of D’Iberville, Mississippi, and Eric Glenn Parker, 35, of Richton, Mississippi, both members of the Aryan Brotherhood of Mississippi, of engaging in a racketeering conspiracy and murder. Owens was additionally convicted of kidnapping and attempted murder. Parker was additionally convicted of conspiracy to possess with intent to distribute at least 500 grams of methamphetamine. Sentencing will take place before U.S. District Judge Glen H. Davidson of the Northern District of Mississippi and will be scheduled at a later date.
1.
Frankie Owen
ABM Rank
Spoke (General)
Charge
RICO / Murder
Sentence
Up to life
2.
Eric Parker
Captain
RICO / Murder
Up to life
3.
Perry Mask
Spoke (General)
RICO
Up to life
4.
Brandon Creel
Spoke (General)
RICO
300 months
5.
Steven Hubanks
Spoke (General)
RICO
Up to life
6.
David Willis
Captain
RICO
235 months
7.
Ricky Jenkins
Soldier
RICO
Up to life
8.
James Dean
Captain
RICO
240 months
9.
Sonny Maxwell
Soldier
RICO
156 months
10.
Walter Burris
Captain
RICO
210 months
11.
M. Valentine
Captain
RICO
235 months
12.
William Carroll
Captain
Drug Trafficking
181 months
13.
Terry Kelly
State Treasurer
Gun Trafficking
Up to Life
14.
Christopher Stutsy
Soldier
Gun Trafficking
28 months
15.
Jonathan Wren
Soldier
Gun Trafficking
120 months
16.
Bernard Brown
Captain
VICAR
36 months
17.
Steve Williams
Ex-Member
Gun Trafficking
70 months
18.
Larry Sneed
Ex-General
VICAR
36 months
19.
Brodie Murphy
Associate
RICO
120 months
20.
Kathy Shadburn
Associate
RICO
96 months
21.
Natasha Ellis
Associate
RICO
97 months
22.
Gale Rutledge
Associate
RICO
24 months
23.
Brian Lee
Associate
Gun Trafficking
120 months
The following individuals pleaded guilty and have been sentenced or are awaiting sentencing: Northern District of Mississippi
24.
Bill Overton
Associate
Gun Trafficking
120 months
25.
Timothy Deshazier
Associate
Meth Trafficking
60 months
26.
Mike Smith
Associate
Meth Trafficking
70 months
27.
Michael McPherson
Associate
Meth Trafficking
57 months
28.
Tammy Lamb
Associate
Meth Trafficking
43 months
29.
Claude Collins
Associate
Meth Trafficking
38 months
30.
Jimmy Grimes
Associate
Meth Trafficking
120 months
31.
Arthur Fenderson
Meth Trafficking
120 months
32.
David Clark
Meth Trafficking
40 months
33.
Jeffery Fordham
Meth Trafficking
36 months
34.
Scotty Mask
Meth Trafficking
72 months
35.
Benjamin Raymond
Meth Trafficking
51 months
36.
Justin Applewhite
Meth Trafficking
65 months
37.
James Winters
Meth Trafficking
68 months
38.
Dean Hill
Meth Trafficking
60 months
Southern District of Mississippi
ABM Rank
Charge
Sentence
39.
Stephen Ochoa
Associate
Meth Trafficking
292 months
40.
Tommy McClemore
Associate
Meth Trafficking
260 months
41.
Kenny Waggoner
Associate
Meth Trafficking
121 months
42.
Jen McClemore
Associate
Meth Trafficking
64 months
The ABM is a violent, “whites only,” prison-based gang with members operating inside and outside of state penal institutions. The Aryan Brotherhood was originally a California-based prison gang that was formed during the 1960s. While the Aryan Brotherhood is a nation-wide gang, semi-autonomous branches have been established in virtually every state in the nation, including Mississippi. The ABM was founded in 1984, and was modeled after and adopted many of the precepts and writings of the Aryan Brotherhood of California. In early 2013, the leadership of the ABM began efforts to unify with the Aryan Brotherhood of California in order to achieve national recognition.
The ABM had a detailed and uniform organizational structure divided into three separate geographic areas of control, the northern, central and southern regions of the state of Mississippi. The state was overseen and directed by a three-member “wheel” commonly referred to as “spokes.” The wheel has ultimate authority in all gang matters. During the times alleged, the wheel of the ABM was comprised of spokes Frank Owens Jr, 44; Perry Mask, 46, of Corinth, Mississippi; Steven Hubanks, 45, of Rienzi, Mississippi; and Brandon Creel, 46, aka Oak, of Ellisville, Mississippi. Each region and prison had an assigned captain and lieutenants, sergeant-at-arms, treasurers, soldiers, associates and female members known as “featherwoods.” The ABM, inside the state correctional facilities and outside, were engaged in racketeering activities, including murder, attempted murder, kidnapping, assault, money laundering, firearms trafficking and trafficking in marijuana and methamphetamine.
In order to be considered for membership, a person must be sponsored by another member. Once sponsored, a prospective member must serve a probationary term of at least six months, during which time he is referred to as a prospect and his conduct is observed by the members. The prospect is required to sign a “prospect compact,” swear to an oath of secrecy and declare a lifetime commitment to the ABM.
ABM members often had tattoos incorporating one or more Nazi-style symbols as well as state-specific symbols including, but not limited to, the Swastika, the Iron Cross and the letter “13”, which represented M, the 13th letter in the alphabet for the state of Mississippi. The “patch” tattoo was unique to Mississippi members and could only be worn by fully made members who generally ascended to full membership by committing their “blood-in mission” on behalf of the gang. The most coveted tattoo was the Schutzstaffel (SS) lightning bolts, which designated “thunder warrior” or ABM executioner status, a rank that could only be obtained after three successful violent missions.
The ABM enforced their rules and promoted discipline among members, prospects and associates through violence and threats against those who violated the rules or posed a threat to the gang. Members, and oftentimes associates, were required to follow the orders of higher-ranking members. Only the wheel leaders had the authority to issue orders and mete out member punishment. Failure to perform an order resulted in the assigned member being in violation of their rules, with punishment ranging from a written violation to a beating or death. A violation meant a minor assault; an “S.O.S.” (smash on sight) meant a serious assault that often resulted in the removal of the member’s ABM brand (gang tattoo), often by knife or blow torch; a “K.O.S.” (kill on sight) resulted in the murder of a rival gang member or of an ABM member or associate who committed an egregious violation of gang rules.
The DEA, ATF, FBI and the Mississippi Bureau of Narcotics investigated the case. The U.S. Marshals Service; Federal Protective Service; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; Mississippi Highway Patrol; Mississippi Bureau of Investigation; Mississippi Department of Corrections; Harrison County, Mississippi, Sheriff’s Office; South Mississippi Metro Enforcement Team; Tupelo, Mississippi, Police Department; North Mississippi Narcotics Unit; Tishomingo, Mississippi, County Sheriff’s Office; Lee County, Mississippi, Sheriff’s Office; Forrest County, Mississippi, District Attorney’s Office; Prentiss County, Mississippi, Sheriff’s Office; Jones County, Mississippi, Sheriff’s Office; Harrison County, Mississippi, Sheriff’s Office; and South Mississippi Metro Enforcement Team also provided valuable assistance. The Criminal Division’s Organized Crime and Gang Section and the U.S. Attorney’s Offices of the Northern and Southern District of Mississippi prosecuted the case.
Justice Department Warns Public to Beware of Fraudulent Tax Return Preparers and Tax Scheme Promoters, Urges Taxpayers to Pay Federal Income Taxes on Time and in FullRead the Press Release
Washington – With tax season in full swing, the Justice Department urged the public today to avoid dishonest tax-return preparers who fleece their customers and illegally drain the U.S. Treasury. Noting that every taxpayer is ultimately responsible for the contents of his or her own return, Acting Assistant Attorney General Caroline D. Ciraolo of the Tax Division also warned the public to be wary of anyone who guarantees a refund or who claims to sell a sure-fire way to reduce your taxes.
Dishonest Return Preparers Cost Their Clients and the United States
U.S. taxpayers filed approximately 150 million returns in 2014. According to statistics available from the Treasury Inspector General for Tax Administration, the Internal Revenue Service (IRS) identified more than 2.1 million of those returns that claimed fraudulent refunds totaling more than $15.7 billion. As in past years, the IRS has designated return preparer fraud as one of 2016’s “Dirty Dozen” tax scams to avoid during return filing season. In 2015, the Tax Division permanently shut down more than 35 fraudulent tax-return preparers located all over the United States. The defendants in those cases spanned the spectrum from large-scale return preparation franchises to small, independent return preparers.
“Every year, thousands of federal income tax returns are prepared by people who care much more about making a quick buck than about preparing accurate returns,” said Acting Assistant Attorney General Ciraolo. “Most tax return preparers are honest. But some preparers who charge clients a percentage of their tax refund intentionally prepare false returns to increase their clients’ refund, and thus their own fees. Likewise, some preparers who charge by the form will intentionally prepare incorrect forms that their clients don’t need in order to increase their compensation. Taxpayers might think that they’re getting a good deal on their taxes, or that as long as someone else prepares the return, they’re not responsible. They’re wrong. Taxpayers who have their return prepared incorrectly are required to pay the tax they owe, or pay back the refund they weren’t entitled to get. These clients might also owe interest and penalties, which can be substantial. Fortunately, there are red flags that taxpayers can look for and avoid when choosing a return preparer.”
Your refund should never be deposited directly into a preparer’s bank account.
In United States v. Elton L. Barnes, No. 2:14-cv-05621 (C.D. Cal.), the court barred a return preparer who caused other people’s tax returns to be deposited to bank accounts in his name.
Never sign a blank return or a blank form, or sign a return or a form without reading it first.
By law, a return preparer must provide a client with a completed copy of the return no later than the time the customer is asked to sign the return. In United States v. Syed N. Ahmed et al., No. 2:15-cv-11461 (E.D. Mich.), the United States alleged that the defendants’ Liberty Tax Service franchises asked customers to sign blank forms that stated that the customers had non-existent businesses, which were then used to maximize the customer’s refund. Although the defendants did not admit to the allegations in the complaint, they agreed to an order from a federal court permanently shutting down the stores.
Don’t use a preparer who mischaracterizes your expenses.
In United States v. Lawrence Preston Siegel, No. 3:15-00643 (S.D. Cal.), the defendant prepared returns that falsely characterized personal purchases as deductible expenses. For instance, one customer’s return deducted purchases at Tiffany & Co., Louis Vuitton, and Royal Caribbean Cruise Lines as “medical expenses.” The court permanently barred Siegel from preparing tax returns or providing tax advice for compensation.
Do not use a preparer who fabricates business expenses or deductions, or who claims bogus credits to which you are not entitled, such as the Earned Income Tax Credit, the child care credit, or the education credit.
One of the most common dishonest return-preparation practices is to prepare returns that include non-existent businesses, sometimes based on a client’s hobbies. In 2015, for example, federal courts shut down tax return preparers in Kahului, Hawaii; Appleton, Wisconsin; and Chicago, Illinois, who fabricated supposed “businesses” for their clients. Federal courts have also ordered return preparers in Miami, Florida, and Memphis, Tennessee to submit to third-party monitoring at their own expense to make sure they are not preparing returns with fraudulent “businesses.”
Some other fraudulent schemes and practices that have been stopped through injunction orders entered by federal courts throughout the country include:
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Fabricating fake Form W-2 (Wage and Tax Statement) information;
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Claiming bogus education and first-time homebuyer credits;
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Claiming phony child and dependent care credits or residential energy credits;
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Claiming fraudulent fuel tax credits;
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Falsely exempting foreign earned income;
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Inflating unreimbursed employee business expense deductions; and
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Fraudulently inflating or decreasing a client’s income or deductions to maximize the Earned Income Tax Credit.
In January 2016, a federal court in Orlando, Florida entered a preliminary injunction against Jason Stinson, who ran a series of tax return preparer storefronts under the name “Nation Tax Services,” requiring him to shut down the stores pending resolution of the case. As part of its explanation for why it was ordering Stinson’s stores to shut down in the middle of the case, the court said that Stinson’s business “exposes . . . [his] customers to individual tax liability. Both the Government and Stinson’s customers will suffer irreparable harm if an injunction is not granted. Moreover, it is in the public’s best interest to protect vulnerable customers from the inaccurate preparation of their taxes, not to deplete Government resources, and to maintain the public trust in the tax system.” The case is United States v. Jason Stinson et al., No. 6:14-cv-1534 (M.D. Fla.).
The IRS advises taxpayers who ask a tax professional to prepare their return to be careful in the professional they select. The IRS offers some basic tips and guidelines to assist taxpayers in choosing a reputable tax professional and is also offering taxpayers a number of instructional YouTube videos to help them prepare their own taxes for the upcoming filing season. Several options, including free assistance with preparation and electronic filing for the elderly and individuals making $50,000 or less, are available to help taxpayers prepare for the current tax season and receive their refunds as easily as possible.
Tax Division Sues to Shut Down Promoters of Fraudulent Tax Schemes
In addition to return preparers who deliberately falsify returns, the Tax Division targets those who peddle schemes that purportedly reduce taxes—but in fact rely on false statements or financial sleight-of-hand.
In United States v. Wayne Reeves et al., No. 12-cv-1916 (D. Nev.), the court found that defendants Wayne Reeves and Diane Vaoga advised their clients “to set up sham trusts and have their wages directed into accounts for those trusts as a way to improperly reduce their tax liability.” They advised their clients that the income the clients received from the trusts was “nontaxable and did not need to be reported on tax returns.” The court further found that Reeves prepared tax returns that “willfully attempted to understate his clients’ correct tax liabilities,” and that Vaoga assisted him in doing so. In January 2015, the court permanently barred both Reeves and Vaoga from preparing returns or giving tax advice to others.
In November 2015, the Tax Division sued to shut down an alleged tax scheme based on a purported solar energy generation facility in Utah. The case is United States v. RaPower-3 LLC et al., No. 2:15-cv-00828 (D. Utah). The United States’ complaint alleges that the defendants purportedly sell “solar thermal lenses” to customers, and tell their customers that they are entitled to claim depreciation expenses and the solar energy credit for the lenses—even though the defendants allegedly know or have reason to know that their customers are not in the business of producing and selling solar energy and that the defendants’ purported solar energy facilities do not actually produce solar energy in a manner that meets the Internal Revenue Code’s requirements for claiming the credit.
And in the same month, in United States v. James Tarpey et al., No. 2:15-cv-00072 (D. Mont.), the Tax Division sued to shut down an alleged timeshare donation scheme. According to the United States’ complaint in that case, the defendants have their customers give rights in a timeshare to “Donate for a Cause,” a tax-exempt entity operated by Tarpey. The complaint alleges that the customers receive an appraisal that grossly overvalues the donated timeshare rights and use that appraisal to claim a large charitable donation deduction, even when the true market value of the timeshare right is a small fraction of the appraised value.
“The Tax Division is committed to stopping those who promote fraudulent tax shelters and other schemes or who prepare false returns,” Acting Assistant Attorney General Ciraolo said. “Along with our colleagues at the IRS, we will find dishonest preparers and fraudulent tax-scheme promoters and work to shut them down. We will hold accountable those who willfully assist taxpayers to file false returns. And in appropriate cases, we will prosecute them. But everyone can help stop fraud and protect our public finances. Pay attention to your tax return and make sure that it’s right. If you think that a tax return preparer is deliberately preparing incorrect returns, or you suspect someone is selling a phony tax-loss scheme, report that person to the IRS.”
The IRS website has information about how to report a dishonest return preparer, as well as information about how to report other types of tax fraud. The Justice Department’s website has a list of tax-return preparers and tax-scheme promoters whom the courts have shut down.
In addition to the civil enforcement through injunctions that stop their illegal actions, many return preparers and promoters also face prosecution. Examples of those investigations can be found for fiscal years 2014 and 2015.
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Mississippi Woman Pleads Guilty in Terrorism InvestigationRead the Press Release
WASHINGTON – Jaelyn Delshaun Young, 20, of Starkville, Mississippi, pleaded guilty today in the Northern District of Mississippi to conspiring to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization.
The plea was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division.
Young pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi to conspiring with Muhammad Oda Dakhlalla to provide material support to ISIL. Dakhlalla pleaded guilty to the same charge on March 13, 2016. Young was remanded to the custody of the U.S. Marshals Service to await sentencing, which will be scheduled at a later date.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case is being prosecuted by Assistant U.S. Attorneys Clay Joyner and Bob Norman of the Northern District of Mississippi and Trial Attorney Rebecca Magnone of the National Security Division’s Counterterrorism Section.
Mississippi Woman Pleads Guilty in Mail Fraud InvestigationRead the Press Release
OXFORD, Mississippi – Tammi Henderson Palasini, 53, of Indianola, Mississippi, plead guilty today in the Northern District of Mississippi to Count One of the attached Indictment which charged her with devising and executing a scheme to defraud investors, including U.S. Military veterans, through the use of the U.S. Mail, in violation of 18 U.S.C. 1341.
The plea was announced by U.S. Attorney Felicia C. Adams of the Northern District of Mississippi, Inspector in Charge Tom Noyes of the U.S. Postal Inspection Service, and U.S. Veteran’s Affair Special Agent in Charge John Werner.
Palasini plead guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi. Palasini was remanded to the custody of the U.S. Marshals Service to await sentencing which is currently scheduled for August 10, 2016, at 11:00 a.m. in Aberdeen, Mississippi. Palasini faces a maxmium of 20 years in prison, a $250,000 fine or both.
The investigation was conducted by the U.S. Postal Inspection Service and U.S. Department of Veteran Affairs, Office of Inspector General. The case is being prosecuted by the U.S. Attorney’s Office, Northern District of Mississippi.
Second Man Pleads Guilty to Tying Rope Around Neck of James Meredith Statue on Ole Miss CampusRead the Press Release
WASHINGTON – A second man pleaded guilty to a federal civil rights crime for tying a rope and Confederate flag around the neck of the James Meredith Statue at the University of Mississippi. Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.
Austin Reed Edenfield, of Kennesaw, Georgia, pleaded guilty to one count of using a threat of force to intimidate African-American students and employees because of their race or color. Edenfield was charged by information shortly before the plea. His sentencing date has not yet been set.
A second defendant, Graeme Phillip Harris, of Alpharetta, Georgia, pleaded guilty to the same charge in June 2015 and was sentenced to six months in prison.
“The Department of Justice is committed to ensuring that our universities and our workplaces are free from threats of racial violence,” said Principal Deputy Assistant Attorney General Gupta. “We will hold accountable those who attempt to turn places of learning into places of intimidation and fear.”
Edenfield and Harris acknowledged that they used the cover of darkness to tie the rope and an outdated version of the Georgia state flag – which prominently depicts the Confederate battle flag – around the neck of the statue in the early morning hours of Feb. 16, 2014. The statue honors Meredith’s role as the University of Mississippi’s first African-American student after its contentious 1962 integration. At the time of the incident, both men were students at the University of Mississippi.
Edenfield admitted as part of his plea that he knew the appearance of the rope and flag would be threatening and intimidating to African-American students.
This case was investigated by the FBI’s Jackson Division’s Oxford Resident Agency and the University of Mississippi Police Department. The case is being prosecuted by the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office of the Northern District of Mississippi.
Second Man Pleads Guilty to Tying Rope Around Neck of James Meredith Statue on Ole Miss CampusRead the Press Release
A second man pleaded guilty to a federal civil rights crime for tying a rope and Confederate flag around the neck of the James Meredith Statue at the University of Mississippi. Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division made the announcement.
Austin Reed Edenfield, of Kennesaw, Georgia, pleaded guilty to one count of using a threat of force to intimidate African-American students and employees because of their race or color. Edenfield was charged by information shortly before the plea. His sentencing date has not yet been set.
A second defendant, Graeme Phillip Harris, of Alpharetta, Georgia, pleaded guilty to the same charge in June 2015 and was sentenced to six months in prison.
“The Department of Justice is committed to ensuring that our universities and our workplaces are free from threats of racial violence,” said Principal Deputy Assistant Attorney General Gupta. “We will hold accountable those who attempt to turn places of learning into places of intimidation and fear.”
Edenfield and Harris acknowledged that they used the cover of darkness to tie the rope and an outdated version of the Georgia state flag – which prominently depicts the Confederate battle flag – around the neck of the statue in the early morning hours of Feb. 16, 2014. The statue honors Meredith’s role as the University of Mississippi’s first African-American student after its contentious 1962 integration. At the time of the incident, both men were students at the University of Mississippi.
Edenfield admitted as part of his plea that he knew the appearance of the rope and flag would be threatening and intimidating to African-American students.
This case was investigated by the FBI’s Jackson Division’s Oxford Resident Agency and the University of Mississippi Police Department. The case is being prosecuted by the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office of the Northern District of Mississippi.
Former Tate County, Mississippi, Sheriff’s Deputy Sentenced for Unlawful TasingRead the Press Release
Former Tate County, Mississippi, Lieutenant Randy T. Doss, 63, was sentenced to two years in prison today for unlawfully tasing a pretrial detainee, J.W., at the Tate County Jail. The tasing, which occurred in 2012, caused the victim to fall to the concrete floor and fracture his skull.
At the time of the incident, which was captured on video, the victim was standing against a wall with his hands over his head, not posing a physical threat to anyone. Doss tased the victim from 11 feet away. The victim fell backward and hit his head on the concrete floor, necessitating brain surgery.
“The defendant is a veteran law enforcement officer who had been certified to train other officers on appropriate use of force,” said Principal Deputy Assistant Attorney General Gupta. “The Department of Justice will protect the rights of all citizens from excessive force at the hands of law enforcement.”
“The defendant abused his authority, violated the law and the public trust,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “While the majority of law enforcement officers are hardworking professionals who risk their lives daily for our safety, the U. S. Attorney’s Office is committed to aggressively prosecuting those officers who break the law and violate an individual’s constitutional rights.”
“In making arrests, maintaining order and defending life, the law allows law enforcement officers to use whatever force is ‘reasonably’ necessary,” said Special Agent in Charge Donald Alway of the FBI’s Jackson Division. “Violations of federal law occur when it can be shown, as in this case, that the force used was willfully ‘unreasonable’ or ‘excessive.’”
Doss had more than 20 years of experience in law enforcement, and had been certified to train other officers on the proper use of force, including how to use a taser.
Doss was indicted on March 30, 2015, by a grand jury in Oxford, Mississippi. He was charged with a single count of violating the rights of J.W. not to be deprived of liberty without due process of law. Doss was charged with both using a dangerous weapon – a taser – and causing bodily injury to the victim. He pleaded guilty to the single count in October 2015.
The case was investigated by the FBI’s Jackson Division, with the cooperation of the Tate County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorneys Dana Mulhauser and Andres Palacio of the Civil Rights Division’s Criminal Section.
Former Tate County, Mississippi, Sheriff's Deputy Sentenced for Unlawful TasingRead the Press Release
WASHINGTON – Former Tate County, Mississippi, Lieutenant Randy T. Doss, 63, was sentenced to two years in prison today for unlawfully tasing a pretrial detainee, J.W., at the Tate County Jail. The tasing, which occurred in 2012, caused the victim to fall to the concrete floor and fracture his skull.
At the time of the incident, which was captured on video, the victim was standing against a wall with his hands over his head, not posing a physical threat to anyone. Doss tased the victim from 11 feet away. The victim fell backward and hit his head on the concrete floor, necessitating brain surgery.
“The defendant is a veteran law enforcement officer who had been certified to train other officers on appropriate use of force,” said Principal Deputy Assistant Attorney General Gupta. “The Department of Justice will protect the rights of all citizens from excessive force at the hands of law enforcement.”
“The defendant abused his authority, violated the law and the public trust,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “While the majority of law enforcement officers are hardworking professionals who risk their lives daily for our safety, the U. S. Attorney’s Office is committed to aggressively prosecuting those officers who break the law and violate an individual’s constitutional rights.”
“In making arrests, maintaining order and defending life, the law allows law enforcement officers to use whatever force is ‘reasonably’ necessary,” said Special Agent in Charge Donald Alway of the FBI’s Jackson Division. “Violations of federal law occur when it can be shown, as in this case, that the force used was willfully ‘unreasonable’ or ‘excessive.’”
Doss had more than 20 years of experience in law enforcement, and had been certified to train other officers on the proper use of force, including how to use a taser.
Doss was indicted on March 30, 2015, by a grand jury in Oxford, Mississippi. He was charged with a single count of violating the rights of J.W. not to be deprived of liberty without due process of law. Doss was charged with both using a dangerous weapon – a taser – and causing bodily injury to the victim. He pleaded guilty to the single count in October 2015.
The case was investigated by the FBI’s Jackson Division, with the cooperation of the Tate County Sheriff’s Office. It was prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorneys Dana Mulhauser and Andres Palacio of the Civil Rights Division’s Criminal Section.
Mississippi Man Pleads Guilty in Terrorism InvestigationRead the Press Release
WASHINGTON – Muhammad Oda Dakhlalla, 23, of Starkville, Mississippi, pleaded guilty today in U.S. District Court in Aberdeen, Mississippi, to conspiring to provide material support to a designated foreign terrorist organization.
The plea was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division.
Dakhlalla pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi to conspiring with another individual to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization. Dakhlalla was remanded to the custody of the U.S. Marshals Service to await sentencing, which will be scheduled at a later date.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case is being prosecuted by the U.S. Attorney’s Office of the Northern District of Mississippi and the National Security Division’s Counterterrorism Section.
Mississippi Man Pleads Guilty in Terrorism InvestigationRead the Press Release
Muhammad Oda Dakhlalla, 23, of Starkville, Mississippi, pleaded guilty today in U.S. District Court in Aberdeen, Mississippi, to conspiring to provide material support to a designated foreign terrorist organization.
The plea was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Felicia C. Adams of the Northern District of Mississippi and Special Agent in Charge Donald Alway of the FBI’s Jackson, Mississippi, Division.
Dakhlalla pleaded guilty before Chief U.S. District Judge Sharion Aycock of the Northern District of Mississippi to conspiring with another individual to provide material support to the Islamic State of Iraq and the Levant (ISIL), a designated foreign terrorist organization. Dakhlalla was remanded to the custody of the U.S. Marshals Service to await sentencing, which will be scheduled at a later date.
The investigation was conducted by the FBI’s Jackson Division Joint Terrorism Task Force and the Washington Field Office. The case is being prosecuted by the U.S. Attorney’s Office of the Northern District of Mississippi and the National Security Division’s Counterterrorism Section.
Dakhlalla Plea Agreement
Dakhlalla Factual Basis
Manclark Sentenced to Violating EPA RegulationsRead the Press Release
FOR IMMEDIATE RELEASE
March 8, 2016
www.justice.gov/usao/msn
OXFORD, Miss. Felicia C. Adams, United States Attorney for the Northern District of Mississippi, together with Andy Castro, Acting Special Agent in Charge of the Environmental Protection Agency’s criminal enforcement program in the Southeast, announces:
William Michael Manclark, 51, of Newport Beach, California, was sentenced on March 7, 2016, by United States District Judge Neal B. Biggers, Jr., in Oxford, Mississippi, following a previous guilty plea to one felony count of aiding and abetting others in knowingly making false material statements in a record or report maintained or used for the purpose of compliance with regulations set forth by the United States Environmental Protection Agency. At the time of the offense, Manclark was the Chief Executive Officer and sole shareholder of Leading Edge Aviation Services, Inc. (Leading Edge), a corporation headquartered in Costa Mesa, California. Leading Edge operated a commercial aircraft painting facility at Greenville’s Mid-Delta Regional Airport until mid-2013. Leading Edge has previously entered a guilty plea to one felony count of treating, storing, or disposing of hazardous waste without a permit at Leading Edge’s now shuttered Greenville, Mississippi, facility, and was ordered to pay monetary penalties in the total amount of $1 million.
Manclark was sentenced to a term of imprisonment of five (5) months to be followed by five (5) months of home confinement. Once his term of incarceration and home confinement is complete, Manclark will be on supervised release for a period of one (1) year. In addition to the incarceration, Manclark was ordered to pay a fine of $250,000.00. Manclark was ordered to report to prison on April 18, 2016.
Felicia C. Adams, United States Attorney, stated: “The United States Attorney’s Office for the Northern District of Mississippi is working aggressively to pursue those individuals who commit fraudulent acts and bring them to justice. Today’s sentence insures that those illegal practices will not be tolerated and fraudsters who knowingly make false material statements will be punished. Our office appreciates the hard work of the Environmental Protection Agency during this investigation.”
“Without accurate and honest information, EPA’s mission of protecting human health and the environment is severely undermined,” said Andy Castro, Acting Special Agent in Charge of EPA’s criminal enforcement program in Mississippi. “The type of paints and solvents used by the defendant’s company are especially hazardous, and can put public health at risk if not handled and disposed of properly. This sentence demonstrates that companies and their senior managers who knowingly submit false reports will face the consequences in court.”
This case was investigated by the Environmental Protection Agency, Criminal Investigation Division, and the Mississippi Department of Environmental Quality.
Eight Mississippi Residents Arrested on Distribution of Methamphetamine and Money LaunderingRead the Press Release
OXFORD, Miss. - United States Attorney Felicia C. Adams and Daniel Comeaux, Assistant Special Agent In Charge, Drug Enforcement Administration, Mississippi, announced today that eight individuals were arrested on warrants stemming from an indictment returned by the federal grand jury for the Northern District of Mississippi which charged conspiracy to possess and distribute methamphetamine, possession with intent to distribute methamphetamine and money laundering. A copy of the Indictment is attached.
The following individuals were arrested:
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Jennifer Criddle, Houston, MS
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Deanta Ewing, Vardaman, MS
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Robert Bailey, Ecru, MS
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Trent Montgomery, Ecru, MS
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Paul Marcus Jackson, Cedarbluff, MS
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Contessa Gates, Eupora, MS
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Christopher McKinney, Pheba, MS
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Terry Lynn McKinney, Vardaman, MS
Others previously arrested for similar or related charges include:
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Christopher Graham, Una, MS
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Morickus Davidson, Una, MS
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George Fields, Una, MS
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Akida Williams, Fresno, CA
The case was investigated by agents of the Drug Enforcement Administration and the Mississippi Bureau of Narcotics. Other law enforcement agencies who provided assistance include the U. S. Marshal Service, Sheriff’s Department in Clay, Chickasaw, Calhoun, Webster and Pontotoc Counties, Houston Police Department, Pontotoc Police Department and Calhoun City Police Department.
The public is reminded that an indictment is not evidence of guilt and that each defendant is presumed innocent until proven guilty in a court of law.
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Tragic Accident Takes the Life of Retired Former Prosecutor and WifeRead the Press Release
OXFORD, Miss. - United States Attorney Felicia C. Adams announces that: The United States
Attorney’s Office for the Northern District of Mississippi is deeply saddened over the loss of Al
and Becky Moreton. Al served our office and the entire legal community with great distinction
and honor. The Moretons were stalwart members of Oxford’s community and will be sorely
missed.
Al Moreton was legendary in the legal profession. He was a prosecutor’s prosecutor. He was
greatly respected throughout the Department of Justice. In recognition of his exemplary service
the Department of Justice once stated:
Mr. Moreton, during his career of 38 years, has epitomized what we as the lawyers
for the United States should follow as our guiding example. Al Moreton has left an
indelible mark on those with whom he has worked, done with strokes of politeness,
humor and goodwill but most of all with brilliance, integrity and humility.
Al’s impact upon the U. S. Attorney’s Office here in Oxford is immeasurable. We have heavy
hearts today. We have lost a great mentor and an even greater friend.
Oxford Resident Indicted on Wire Fraud ChargesRead the Press Release
OXFORD, Miss. - United States Attorney Felicia C. Adams and Donald Alway, Special Agent in Charge of the Federal Bureau of Investigation announced today that Tyler L. Smith, age 46, of Oxford, MS, appeared in Court and entered a plea of not guilty to a one Count Indictment charging him with wire fraud. The Indictment alleges that Smith induced lenders to provide him with loans based on false material misrepresentations and then failed to repay the loans. If convicted, Smith faces a maximum of twenty years in prison, a $250,000 fine, three years of post-release supervision and restitution in the amount of loss.
This matter is being prosecuted by the United States Attorney’s Office for the Northern District of Mississippi and the Federal Bureau of Investigation.
A filed copy of the Indictment is attached. An Indictment is merely an allegation of wrongdoing and Smith is presumed innocent until proven guilty.
Department of Justice Finds Leflore County, Mississippi, Juvenile Detention Center School Violated Individuals with Disabilities Education ActRead the Press Release
The Justice Department’s Civil Rights Division announced today that it has completed its investigation of special education services at the Leflore County, Mississippi, Juvenile Detention Center and found that the state of Mississippi violated the Individuals with Disabilities Education Act (IDEA) at the detention center school.
In the letter of findings sent to Mississippi Governor Phil Bryant and Mississippi Attorney General Jim Hood, the department concluded that the provision of special education services at the Detention Center school violated IDEA in three important respects: failing to identify, locate and evaluate children with disabilities; failing to promptly obtain Individualized Education Programs (IEP) from home schools; and depriving students with disabilities of a free appropriate public education (FAPE).
The Justice Department investigation found that the detention center school has failed to implement appropriate policies and procedures to identify, locate and evaluate children with disabilities for special education services. For instance, the detention center has no intake practices to ask children if they received special education services at their home school. And once children are in the detention center school, there are no procedures to observe and respond to student performance that may indicate a special education need.
According to the department’s investigation, the detention center school does not promptly obtain students’ IEPs when they are identified as requiring special education services upon arrival. As a result, students are denied special education services that they were entitled to because the detention center school’s records retrieval practices are inadequate.
The Justice Department’s investigation also found that the detention center school failed to provide a free appropriate public education for children with disabilities. Contrary to the requirements of the IDEA, the detention center school did not use a child’s IEP to drive instruction and often did not provide education services required in the IEP.
“Students with disabilities do not forfeit their rights to special education services simply because they are accused of or have committed juvenile offenses,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “Agencies that are involved in the provision of special education of children in correctional facilities, such as the Mississippi Department of Education, must continue to ensure that students receive special education services even while incarcerated.”
“Incarceration for even a short time is a turbulent time in a child’s life, and appropriate special education services can be a stabilizing factor,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “The Justice Department looks forward to continued cooperation with Mississippi to resolve these findings under mutually agreeable terms.”
The Justice Department began its comprehensive investigation of the conditions at the detention center in 2009. In March 2011, the department issued a findings letter identifying violations of children’s educational rights, as well as Constitutional violations related to safety and security. In June 2015, the U.S. District Court for the Northern District of Mississippi entered a consent decree between the United States and Leflore County that resolved the United States’ safety and security claims.
The findings letter the Justice Department issued today as to special education is directed to the state of Mississippi because it took over the Leflore County School system in 2013 and is therefore responsible for special education services at the detention center school. The department opened its investigation of Mississippi’s compliance with IDEA in 2014, and received full cooperation in this investigation from Mississippi and the staff at the detention center.
For more information about the Justice Department’s Civil Rights Division, please visit justice.gov/crt.
Leflore County Findings Letter
Calhoun County Supervisor Arrested on Extortion ChargesRead the Press Release
OXFORD, Miss.- Felicia C. Adams, United States Attorney for the Northern District of Mississippi and Donald Alway, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi announce that:
Ernest McKinnley Fox, 66, a Calhoun County, Mississippi Supervisor, was arrested today on charges of extortion under color of official right, in violation of 18 U.S.C. § 1951.
Fox appeared before U. S. Magistrate Judge S. Allan Alexander and was released on a $5,000 unsecured bond. His arraignment is scheduled for Monday, December 21 at 2 p.m. in Oxford, Mississippi.
If convicted Fox faces maximum possible penalties of twenty years imprisonment, a $250,000, fine, and 5 years supervised release.
The public is reminded that an indictment is not evidence of guilt and that each defendant is presumed innocent until proven guilty in a court of law.
Guilty Plea of Greenville ResidentRead the Press Release
OXFORD, Miss. Felicia C. Adams, United States Attorney for the Northern District of Mississippi, and Luis Santiago, Special Agent in Charge of the United States Fish and Wildlife Service, announced that:
Gene Stock, 36, of Greenville, Mississippi, pled guilty on December 8, 2015, before United States Magistrate Judge David A. Sanders, in Aberdeen, Mississippi, to one charge of Taking Migratory Game Birds by the Aid of Bait and to a second charge of Aiding and Abetting others to do the same, in violation of federal law. The guilty plea arose out of an investigation concerning Stock’s hunting practices during the 2014-2015 waterfowl season. Stock, who had planted corn in his duck impoundment in Washington County, had, during the course of the season, used his ATV to drive throughout the impoundment for the purpose of going to and from his hunting blinds, retrieving downed waterfowl, and moving blinds from one location to another. In the process of driving his ATV through the impoundment, Stock knocked down stalks of standing corn, spreading grain throughout the impoundment. Federal law makes it unlawful to hunt migratory waterfowl over any area where agricultural crops have been manipulated, including manipulation by any motorized vehicle, unless the manipulation consists of a normal agricultural practice as defined by the state extension service.
Following his guilty plea, Stock was ordered to pay a $15,000.00 fine for each count of conviction, for a total fine of $30,000.00.
“We are committed to working with Mississippi and its citizens to conserve and protect wildlife,” said United States Fish and Wildlife Service Special Agent in Charge Santiago. “Our collective efforts help ensure that these resources will be here for future generations of fair chase hunters, trappers and outdoor enthusiasts.”
This case was investigated by the United States Fish and Wildlife Service Office of Law Enforcement and the Mississippi Department of Wildlife, Fisheries and Parks (MDWFP). MDWFP Chief of Law Enforcement, Steve Adcock stated that he looks forward to the continued cooperative relationship with the United States Fish and Wildlife Service as together we protect and conserve Mississippi’s natural resources.
Northern District of Mississippi U.S. Attorney’s Office Collects $1,735,405.72 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2015Read the Press Release
(OXFORD) - U.S. Attorney Felicia C. Adams announced today that the Northern District of Mississippi collected $1,735.405.72 in criminal and civil actions in Fiscal Year 2015. Of this amount, $1,527,555.12 was collected in criminal actions and $207,850.60 was collected in civil actions.
Additionally, the Northern District of Mississippi worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $18,242.56 in cases pursued jointly with these offices.
Attorney General Loretta E. Lynch announced on December 3, 2015, that the Justice Department collected $23.1 billion in civil and criminal actions in the fiscal year ending September 30, 2015. The more than $23.1 billion in collections in FY 2015 represent more than seven and a half times the approximately $2.93 billion of the Justice Department’s combined appropriations for the 94 U. S. Attorney’s offices and the main litigating divisions in that same period.
"The Department of Justice is committed to upholding the rule of law, safeguarding taxpayer resources, and protecting the American people from exploitation and abuse,” said Attorney General Loretta Lynch. “The collections we are announcing today demonstrate not only the strength of that commitment, but also the significant return on public investment that our actions deliver. I want to thank the prosecutors and trial attorneys who made this achievement possible, and to reiterate our dedication to this ongoing work.”
“During this time of economic recovery, these collections are more important than ever,” said U.S. Attorney Felicia C. Adams. “The U.S. Attorney’s Office is dedicated to protecting the public and recovering funds for the federal treasury and for victims of federal crime. We will continue to hold accountable those who seek to profit from their illegal activities.”
This past December, the Northern District of Mississippi recovered $700,000.00 as part of a plea agreement in a criminal case brought against the defendant Leading Edge Aviation Services, Inc., an aircraft maintenance and repair company. The defendant pleaded guilty to improper storage of hazardous waste. As part of the plea agreement, the defendant also paid $275,000.00 to the Mississippi Department of Environmental Quality and $25,000 to the Association of State and Territorial Solid Waste Management Officials.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration, and Department of Education.
Additionally, the U.S. Attorney’s office in the Northern District of Mississippi, working with partner agencies and divisions, collected $335,365.00 in asset forfeiture actions in FY 2015. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.