District of New Hampshire

CONCORD – A Manchester man pleaded guilty in federal court to drug trafficking in New Hampshire, U.S. Attorney Jane E. Young announces.

Zachary Janas, 40, pleaded guilty to distributing fentanyl and unlawfully possessing with the intent to distribute fentanyl. U.S. District Court Judge Joseph LaPlante scheduled sentencing for July 27, 2023. Janas was charged on September 27, 2021.

On September 21, 2021, the Federal Bureau of Investigation agents arranged to purchase approximately one-half kilogram of fentanyl from Janas at his Manchester residence. On September 24, 2021, federal law enforcement seized an additional one-half kilogram of fentanyl packaged for distribution, approximately $7,000 cash, several firearms, and ammunition.

The charging statute provides a sentence of no greater than 20 years in prison, 3 years of supervised release, and a fine of $1,000,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The Federal Bureau of Investigation’s Major Offender Task Force led the investigation Assistant U.S. Attorney Jennifer C. Davis is prosecuting the case.  

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CONCORD – A Manchester man pleaded guilty in federal court to drug trafficking and firearm offenses, U.S. Attorney Jane E. Young announces.

John Rivera, 24, pleaded guilty to unlawful possession with the intent to distribute quantities of fentanyl and cocaine base, commonly known as “crack” cocaine, and being a prohibited person in possession of a firearm and ammunition. U.S. District Court Judge Joseph LaPlante scheduled sentencing for July 25, 2023. Rivera was charged on March 11, 2022.

On September 16, 2021, the New Hampshire State Police, working in conjunction with the Manchester Police Department, observed a firearm under Rivera’s driver’s seat during a traffic stop. Upon searching the vehicle, officers seized 1.2 kilograms of fentanyl packaged for distribution, approximately 19.68 grams of crack cocaine, a stolen firearm, a loaded magazine, loose ammunition, drug packaging materials, and a digital scale.  Rivera is prohibited from possessing firearms and ammunition based on a prior felony conviction.

The charging statute provides a sentence of no greater than 20 years in prison, 3 years of supervised release, and a fine of $1,000,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The Manchester Police Department and the New Hampshire State Police led the investigation. Assistant U.S. Attorney Jennifer C. Davis is prosecuting the case.  

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CONCORD – A Maine man has been federally charged in connection with posting a video on SnapChat that threatened the Portsmouth High School on April 12, 2023, U.S. Attorney Jane E. Young announces.

Kyle Hendrickson, 25, was charged with transmitting in interstate commerce a threat to injure the person of another. A press release will be issued when an initial appearance in federal court is scheduled.

According to the charging documents, Hendrickson posted a video to his SnapChat account on Wednesday, April 12, 2023, in which he brandished a handgun while in a vehicle outside of the Portsmouth High School.  The video includes a text overlay that reads “imma shoot up the school.”  School surveillance footage placed Hendrickson’s vehicle outside the high school at the time of the video.

Hendrickson was arrested yesterday on state charges. A subsequent state search warrant of the vehicle yielded an AR-15 rifle, a shotgun, camouflage body armor, a handgun holster, a red-dot sight, and numerous rounds of ammunition.  Investigators recovered another shotgun inside a residence associated with Hendrickson.  Finally, a handgun that resembles the one used in the SnapChat video was recovered in a motel where Hendrickson had stayed on April 12, 2023.  

The charge provides for a sentence of up to five years in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The Federal Bureau of Investigation, Boston Division, and the Portsmouth Police Department led the investigation.  The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Somersworth Police Department, the Portland (Maine) Police Department, and the Berwick (Maine) Police Department provided valuable assistance.  Assistant U.S. Attorney Charles L. Rombeau is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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CONCORD – A Lawrence, Massachusetts man pleaded guilty today in federal court to conspiring to steal firearms from a federal firearms licensee, U.S. Attorney Jane E. Young announces.

Jaythean Diaz, 19, pleaded guilty to one count of conspiracy to steal firearms from a federal firearms licensee. U.S. District Court Judge Joseph Laplante scheduled sentencing for July 25, 2023. Diaz was indicted on July 11, 2022.

On December 8, 2021, the Diaz and his co-conspirators broke into Second Amendment Outdoors in Derry, New Hampshire and stole 12 firearms—11 pistols and one rifle.  Videos recovered from the phone of a co-conspirator show Diaz holding the stolen firearms, and messages recovered in another search show attempts by Diaz to sell at least one of the stolen firearms.  

The charging statute provides a sentence of no greater than 5 years in prison, 3 years of supervised release, a maximum fine of $250,000 and restitution in an amount to be determined at sentencing. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The Bureau of Alcohol, Tobacco, Firearms & Explosives led the investigation. Valuable assistance was provided by the Lawrence Police Department, Methuen Police Department, Massachusetts State Police, Derry Police Department, Atkinson Police Department, Plaistow Police Department, Kingston Police Department, Windham Police Department, Hooksett Police Department, and Salem Police Department. Assistant U.S. Attorney John J. Kennedy is prosecuting the case.  

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities; supporting community-based organizations that help prevent violence from occurring in the first place; setting focused and strategic enforcement priorities; and measuring the results.

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CONCORD – An East Rochester man was sentenced in federal court for defrauding a 79-year old family member of almost $84,000, U.S. Attorney Jane E. Young announces.

Craig Corriveau, 51, was sentenced by U.S. District Court Judge Samantha D. Elliott to 12 months in prison. Corriveau was also ordered to pay $83,629.69 in restitution to the victim.  On December 21, 2022, Corriveau pleaded guilty to wire fraud.

“The defendant targeted an elderly family member, which is particularly insidious,” said U.S. Attorney Young.  “The victim and their family placed their trust in Corriveau, and he abused that trust over the course of two years.  I thank the Rochester Police Department and FBI for their excellent investigative work in bringing the defendant to justice.  Our office will continue to work to protect the elderly population in our communities.” 

Between March 2019 and late 2021, the defendant stole approximately $84,000 from the victim and left them with almost $20,000 in credit card debt.  He spent more than $31,000 of the stolen funds at a Rochester gun store to purchase ammunition, a knife throwing set, and 32 firearms.  He only stopped stealing after he breached the credit limit on the victim’s credit cards and emptied their bank accounts.  The defendant lied to the Rochester Police Department by claiming the victim had authorized him to spend the stolen money. 

Corriveau used his knowledge of the victim’s personal identifying information to gain access to their bank accounts and credit cards.  The defendant set up paperless bank and credit card statements, so the victim was unable to detect the fraud.

The Rochester Police Department and Federal Bureau of Investigation led the investigation.  Assistant U.S. Attorney Alexander S. Chen prosecuted the case.

If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.

More information about the Department’s efforts to help American seniors is available at its Elder Justice Initiative webpage. For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. The Department of Justice provides a variety of resources relating to elder fraud victimization through its Office for Victims of Crime, which can be reached at https://www.ovc.gov.

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CONCORD – An executive pastor pleaded guilty in federal court to using Journey Baptist Church’s debit and credit cards without authorization, U.S. Attorney Jane E. Young announces.

Gregory Neal of Rochester, age 45, pleaded guilty to a one-count information alleging wire fraud.  U.S. District Court Judge Samantha Elliott scheduled sentencing for July 19, 2023. 

The defendant’s employment entailed overseeing the church’s daily operations, including control over its finances. From January 2017 to March 2020, the defendant made unauthorized withdrawals of the church’s funds to pay off his own gambling debts and made unauthorized purchases with the church’s credit cards for his own personal benefit. These unauthorized transactions amounted to roughly $130,000.

The charging statute provides a sentence of no greater than 20 years in prison, three 3 years of supervised release, a maximum fine that is the greater of $250,000 or twice the gross gain or loss, and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The U.S. Secret Service led the investigation. Assistant U.S. Attorney Aaron Gingrande is prosecuting the case.  

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CONCORD – A Vershire, Vermont man pleaded guilty today in federal court to possessing methamphetamine and cocaine with intent to distribute in New Hampshire, U.S. Attorney Jane E. Young announces.

Damien Rousseau, 31, pleaded guilty to unlawful possession with the intent to distribute methamphetamine and cocaine. U.S. District Court Judge Landya McCafferty scheduled sentencing for July 24, 2023. Rousseau was charged on August 15, 2022.

On May 11, 2022, Dartmouth Hitchcock Medical Center security personnel determined that Rousseau was in a patient’s room while in possession of a bag that contained a small quantity of narcotics and a drug ledger. The Lebanon Police Department responded and observed that Rousseau’s BMW vehicle, in the medical center’s parking-lot, had methamphetamine and drug paraphernalia. A drug detecting canine also alerted the presence of narcotics in the vehicle. The defendant was arrested and released on bail.  The following day, May 12, 2022, the Lebanon Police Department observed Rousseau trespassing in their secure-impound lot. After finding him hidden in the BMW, officers arrested him and executed a search warrant on the vehicle. Law Enforcement seized approximately 436 grams of methamphetamine, 98.66 grams of cocaine, 10.5 grams of fentanyl, three loaded firearms, assorted loose ammunition, $2,179 in U.S currency, and 20 assorted silver and gold-colored coins.   

The charging statute provides a sentence of no greater than 20 years in prison, 3 years of supervised release, a fine of $1,000,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The United States Drug Trafficking Administration led the investigation. Valuable assistance was provided by Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lebanon Police Department, and the Vermont State Police. Assistant U.S. Attorney Jennifer C. Davis is prosecuting the case.  

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CONCORD – A Northwood man was sentenced today in federal court for attempting to fraudulently obtain over $6 million in CARES Act funds from the United States government, U.S. Attorney Jane E. Young announces.

Joshua Leavitt, 41, was sentenced by U.S. District Court Judge Paul J. Barbadoro to 28 months in prison and 2 years of supervised release.  Leavitt was also ordered to pay $873,475.50 in restitution. On September 27, 2022, Leavitt plead guilty to bank fraud and wire fraud. His co-defendant, Pierre Rogers, was sentenced on February 3, 2023, to 41 months in federal prison for conspiracy to commit wire fraud and bank fraud.

“Leavitt’s conduct in this case was egregious,” said U.S. Attorney Jane E. Young.  “Leavitt and Rogers attempted to steal a combined $6.2 million dollars, which ultimately denied legitimate businesses nearly a million dollars in emergency pandemic relief funds.  I thank our law enforcement partners for their outstanding work in unraveling the largest CARES Act fraud case in the District of New Hampshire to date.” 

Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help businesses and individuals adversely affected by the COVID pandemic.  The CARES Act created the Paycheck Protection Program (PPP), which offered low-interest loans to employers.  Private lenders could participate in the PPP program.  If borrowers used the PPP loans for payroll and other approved expenses as intended, they could apply for loan forgiveness.  The CARES Act also expanded the Small Business Administration’s Economic Injury Disaster Loan (EIDL) program.  As with PPP loans, EIDL loans were intended for payroll and other business expenses, such as rent and mortgage.

Leavitt applied for 35 PPP and EIDL loans for seven different companies, including Dark Matter Associates, a company that was allegedly dedicated to “COVID-19 Disaster Relief Loan Acquisition and Management.” Other companies Leavitt submitted fraudulent applications for included Demeter Group and the wine company Puro Trader, also known as Yahyn.  Leavitt attempted to obtain a total of $6,019,725.50, of which he received $873,475.50. 

Leavitt and his co-defendant, Pierre Rogers, inflated the companies’ revenues and number of employees on the applications.  Leavitt also generated false supporting documents, including tax filings purportedly filed with the IRS.  For example, in a PPP application for Puro Trader, Leavitt submitted a fake tax return claiming the company’s payroll was over $1 million in 2020, but no such return was ever filed with the IRS.  Similarly, in a PPP application for a company called Monticello Transnational, Leavitt submitted a fake tax return claiming the company paid employees almost $340,000 in the fourth quarter of 2020.  The company’s payroll was only $9,000 during that period. 

The U.S. Treasury Inspector General for Tax Administration and the U.S. Secret Service led the investigation. Valuable assistance was provided by the U.S. Postal Inspection Service.  Assistant U.S. Attorney Alexander S. Chen prosecuted the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit: https://www.justice.gov/coronavirus

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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CONCORD – A Connecticut man was sentenced today in federal court for drug trafficking in New Hampshire, U.S. Attorney Jane E. Young announces.

Jabreel A. Amir, 41, was sentenced by U.S. District Court Judge Paul J. Barbadoro to 51 months in prison and 3 years of supervised release. On December 14, 2022, Amir plead guilty to the charges.

“Today, the defendant was held accountable for trafficking cocaine to New Hampshire,” said U.S. Attorney Jane E. Young. “Our federal and local law enforcement partners successfully prevented a significant quantity of drugs from impacting our communities, and we will continue to work together to prosecute individuals who contribute to this serious problem.”

On May 9, 2022, Amir attempted to deliver cocaine in New Hampshire to an individual cooperating with the government. Law enforcement officers surveilled Amir as he attempted to conduct the drug sale. He traveled from Waterbury, Connecticut to Concord, New Hampshire, where he was arrested. Law enforcement seized more than 2 kilograms of cocaine.

The United States Drug Enforcement Administration led the investigation. Valuable assistance was provided by New Hampshire State Police Narcotics Intelligence Unit. Assistant U.S. Attorney Jennifer C. Davis prosecuted the case.

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CONCORD – A jury convicted a Methuen, Massachusetts man yesterday in federal court in Concord for a conspiracy to distribute fentanyl in New Hampshire, announces Jane E. Young.

Ramon Jaquez-Diaz, age 52, was convicted following a two-day jury trial for his role as a drug-runner in a conspiracy to distribute fentanyl operating out of Lawrence, Massachusetts.  U.S. District Court Judge Paul J. Barbadoro scheduled sentencing for July 24, 2023 at 10 a.m. Jaquez-Diaz was indicted for this charge on March 8, 2021.

Jaquez-Diaz worked with others to transport fentanyl from New York to Massachusetts, and ultimately into New Hampshire.  The fentanyl was internationally sourced.  Twelve people were charged for this conspiracy.     

 The charging statute provides a sentence of no greater than 20 years in prison, at least 3 years of supervised release, and a maximum fine of $1,000,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The Drug Enforcement Administration led the investigation. Assistant U.S. Attorneys Seth R. Aframe, Heather A. Cherniske, and John Kennedy are prosecuting the case.  

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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CONCORD – A Manchester man, Reda Shehabeldin, 26, pleaded guilty in federal court to one count of possession of a firearm by a prohibited person, U.S. Attorney Jane E. Young announces.

U.S. District Court Judge Samantha Elliott scheduled sentencing for July 12, 2023.  Mr. Shehabeldin was indicted on January 10, 2023.

On July 15, 2022, Shehabeldin was identified—in a video posted by another individual on SnapChat—holding a Glock, model 30 Gen 4 .45 caliber subcompact pistol.  At the time, he was a convicted felon.  Hillsborough County Superior Court convicted Shehabeldin in January 2022 for reckless conduct, a class B felony offense under the state laws of New Hampshire.

The charging statute provides a sentence of no greater than 15 years in prison, three years of supervised release, and a maximum fine of $250,000.00.  Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

The investigation was led by the Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”) and the Manchester Police Department.  Assistant U.S. Attorneys John Kennedy and Geoffrey Ward are prosecuting the case.  

This case is part of Project Safe Neighborhoods (“PSN”), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone.  On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities; supporting community-based organizations that help prevent violence from occurring in the first place; setting focused and strategic enforcement priorities; and measuring the results.

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CONCORD – A Lawrence man was sentenced today in federal court in Concord for possession with intent to distribute controlled substances.

Daniel Adorno, Jr., 28, was sentenced by U.S. District Court Judge Paul J. Barbadoro to 41 months in prison and 3 years of supervised release. Adorno pleaded guilty to the charge on January 11, 2022.

“The U.S. Attorney’s Office is committed to working closely with our law enforcement partners to identify and prosecute drug dealers,” said U.S. Attorney Jane E. Young. “In this case, the Salem Police Department successfully stopped the flow of fentanyl, cocaine, and methamphetamine from endangering their community.”

On November 13, 2019, a Salem Police Officer encountered Adorno during a routine motor vehicle stop that resulted in the arrest of the driver and impoundment of the vehicle.  During the pre-tow inventory search of the vehicle, officers located Adorno’s backpack containing cocaine, cocaine base, and methamphetamine. Adorno admitted that the drugs in the backpack belonged to him and that he distributed drugs. 

On May 15, 2020, the same Salem Police Officer recognized Adorno as he was driving away from a hotel. Adorno had a suspended license and had an active warrant for the November 2019 encounter at the time. The officer stopped Adorno to arrest him for the outstanding warrant.  Adorno admitted that he possessed drugs and had more in his hotel room.  The officer located 9 baggies of fentanyl from Adorno’s pockets.  Officers attempted to recover the drugs from Adorno’s hotel room, but they learned that the defendant’s sister had removed and concealed the drugs in a bush next to the hotel room.  Officers recovered approximately 174.89 grams of fentanyl during their search of the area.

United States Attorney Jane E. Young made the announcement today. This case was prosecuted by former Assistant U.S. Attorney Joachim H. Barth and Assistant U.S. Attorney Cam T. Le

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CONCORD – A man attending Keene State College has been charged for calling the office of a member of the United States House of Representatives and threatening to kill the Congressman.

Allan Poller, 23, was charged with transmitting in interstate commerce a threat to injure the person of another. Poller made an initial appearance in federal court in Concord on April 3, 2023 at 3:00 p.m.

According to the charging documents, on March 29, 2023 at approximately 12:20 a.m., Poller called the congressional office in Washington DC and left a voicemail, stating:

"Hi, my name is Allan Poller, A-L-L-A-N P-O-L-L-E-R, phone number []8931. And I just want to let you know, Representative [Name], if you keep on coming for the gays, we’re gonna strike back and I guarantee you, you do not want to fuck with us. We will kill you if that’s what it takes. I will take a bullet to your fucking head if you fuck with my rights anymore. And then if you want to keep going down that path, you know who’s next."

The charge provides for a sentence of up to five years in prison, up to three years of supervised release, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.

United States Attorney Jane E. Young; the Federal Bureau of Investigation, Boston Division; and the United States Capitol Police made the announcement today. Valuable assistance was provided by the Keene, New Hampshire Police Department and the Springfield, Vermont Police Department. Assistant U.S. Attorney Jarad E. Hodes is prosecuting the case.

The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

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CONCORD – United States Attorney Jane E. Young announced the appointments of Assistant U.S. Attorney Seth R. Aframe to serve as the Criminal Division Chief and Assistant U.S. Attorney Jennifer C. Davis to serve as the Deputy Criminal Division Chief.

“I am delighted to announce Seth Aframe as the Criminal Division Chief and Jennifer Davis as the Deputy Criminal Chief,” said U.S. Attorney Young.  “Together, Seth and Jen have diligently served the office for more than half a century.  Each bring strong legal, analytical, and mentorship skills.  Additionally, they have demonstrated an unparalleled devotion to this outstanding office.  I am confident that under their leadership the Criminal Division will continue to thrive.” 

Assistant U.S. Attorney Aframe has served the U.S. Department of Justice since 2007 in the District of New Hampshire’s criminal and civil divisions, most recently serving as the Deputy Criminal Division Chief.  Over the course of his esteemed career, Mr. Aframe prosecuted a variety of federal violations, including fraud, drug, firearm, and child exploitation crimes. He also litigated over 100 appeals before the United States Court of Appeals for the First Circuit. Mr. Aframe has served as the District’s Elections Coordinator and Civil Rights Coordinator since 2018.

Mr. Aframe is a respected member of his community. He is an Adjunct Professor at the University of New Hampshire Law School, and previously served as a School Board Member in Hopkinton. Mr. Aframe is a graduate of Georgetown University Law Center. 

Ms. Davis has nearly 30 years of experience serving as an Assistant U.S. Attorney in the District of New Hampshire. Most recently, she has conducted complex long-term narcotics investigations as the District’s Organized Crime Drug Enforcement Task Force Coordinator and National Opioid Coordinator. Since 2022, she has served as a mentor for her colleagues as the District’s Senior Litigation Counsel.

Ms. Davis has prosecuted and tried cases related to health care and security fraud, firearm and narcotics, immigration, and white-collar crimes. Earlier in her career, Ms. Davis received a detail appointment as the Assistant Director for Criminal Programs at the U.S. Department of Justice’s Office of Legal Education, where she oversaw the implementation of trainings for the country’s federal prosecutors. She is a graduate of Marquette University Law School.

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            CONCORD – William Mejia, 19, of Lawrence, pleaded guilty in federal court to conspiring to steal firearms from federal firearms licensees, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, between August 29, 2021, and October 4, 2021, Mejia conspired with others to steal firearms from three New Hampshire Federal Firearms Licensees.  During the course of the conspiracy, more than 40 firearms were stolen from Milford Firearms in Milford, Second Amendment Arms in Windham, and MacPhearson Firearms in Brentwood. Mejia’s fingerprints were found on one of the stolen firearms that was later recovered from a co-conspirator’s residence. Evidence recovered from a co-conspirator’s phone included pictures of Mejia holding stolen firearms as well admissions of his involvement in the conspiracy.

            Mejia is scheduled to be sentenced on July 7, 2023.

            The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Andover Police Department, the Brentwood Police Department, the Haverhill Police Department, the Lawrence Police Department, the Massachusetts State Police, the Rockingham County Sheriff’s Office, the Salem (NH) Police Department, the Somersworth Police Department, the Saugus Police Department, the Wellesley Police Department, and the Windham Police Department.  The case is being prosecuted by Assistant U.S. Attorneys Anna Z. Krasinski,  John J. Kennedy and Geoffrey W.R.Ward.

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           CONCORD – Bradford Sargent, 41, of Hampton, pleaded guilty in federal court to conspiracy to distribute controlled substances, United States Attorney Jane E. Young announced today.

           According to court documents and statements made in court, Sargent and his co-defendant Jennelle Brown sold drugs multiple times from their hotel room in Portsmouth.  Law enforcement then searched their room and uncovered large quantities of money, drugs, and drug ledgers.  A search of two vehicles the defendants used in their drug operations revealed more money and drugs.  Officers also searched storage units and safety deposit boxes the defendants controlled and discovered additional money and drugs.  In total, law enforcement seized over $130,000, 1.3 kilograms of fentanyl, almost 650 grams of methamphetamine, and smaller amounts of cocaine.

            Sargent is scheduled to be sentenced on July 6, 2023.  Brown previously pleaded guilty on January 18, 2023, and is scheduled to be sentenced on April 27, 2023. 

            The case was investigated by the Federal Bureau of Investigation and Rockingham County Sheriff’s Office, with assistance from the Drug Enforcement Administration and Strafford County Sheriff’s Office.  It is being prosecuted by Assistant U.S. Attorneys Alexander S. Chen and Jarad Hodes.

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CONCORD – A Massachusetts man pleaded guilty in federal court to conspiracy to distribute fentanyl in New Hampshire, United States Attorney Jane E. Young announced today.

Johan M. Rodriguez, 37, of Lawrence, Massachusetts, conspired with another Lawrence-based drug trafficker to deliver approximately ten kilograms of fentanyl to an individual in Dover cooperating with the Federal Bureau of Investigations. Rodriguez is scheduled to be sentenced on July 6, 2023.

The Federal Bureau of Investigations’ Major Offender Task Force investigated the case. The Dover Police Department and the Strafford County Sheriff’s Office provided valuable assistance.  Assistant U.S. Attorney Jennifer C. Davis, Deputy Chief of Young’s Criminal Division, is prosecuting the case.

This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.

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            CONCORD – The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) has announced the release of approximately $300 million in grant solicitations for programs that advance community policing, keep students safe, and add law enforcement officers to our nation’s streets.

“These grant solicitations could not have come at a better time, as our law enforcement partners are operating with significant staffing shortages and working every day to reignite community faith in our profession,” said U.S. Attorney Jane Young. “I urge departments throughout the Granite State to take advantage of these funding opportunities.”

“These grant solicitations represent the Justice Department’s commitment to keeping our children safe in their schools and assisting law enforcement agencies across the country with the ongoing recruitment and retention crisis,” said Associate Attorney General Vanita Gupta. “Supporting community violence intervention programs, and the law enforcement agencies that partner with them, is not only a priority of the Department, but is critical to the safety and success of future generations.”

The announced solicitations include $224.5 million available for the COPS Hiring Program (CHP), which is a competitive award program that provides direct funding for the hiring of career law enforcement officers. The COPS Office intends to prioritize applications for jurisdictions that support Community Violence Intervention (CVI) programs, seek to hire officers that would engage with community stakeholders to involve them in strategic operations and planning, and implement hiring practices to help agencies mirror the racial diversity of the communities that they serve. All local, state, Tribal, and territorial law enforcement agencies that have primary law enforcement authority are eligible to apply.

Funding also includes $73 million for the School Violence Prevention Program (SVPP). This program provides funding to improve security at schools and on school grounds in the grantees’ jurisdictions through evidence-based school safety programs. Awards will be provided directly to eligible state, local, Tribal, and territorial partners. Recipients of SVPP funding must use funding for the benefit of K-12, primary, and secondary schools, and students.

Please visit https://cops.usdoj.gov/grants for additional information about both the COPS Hiring Program and the School Violence Prevention Program.

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CONCORD – The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) has announced the release of approximately $300 million in grant solicitations for programs that advance community policing, keep students safe, and add law enforcement officers to our nation’s streets.

           “These grant solicitations could not have come at a better time, as our law enforcement partners are operating with significant staffing shortages and are working every day to reignite community faith in the profession,” said U.S. Attorney Jane Young. “I urge departments throughout the Granite State to take advantage of these funding opportunities.” 

            “These grant solicitations represent the Justice Department’s commitment to keeping our children safe in their schools and assisting law enforcement agencies across the country with the ongoing recruitment and retention crisis,” said Associate Attorney General Vanita Gupta. “Supporting community violence intervention programs, and the law enforcement agencies that partner with them, is not only a priority of the Department, but is critical to the safety and success of future generations.”

            The announced solicitations include $224.5 million available for the COPS Hiring Program (CHP), which is a competitive award program that provides direct funding for the hiring of career law enforcement officers. The COPS Office intends to prioritize applications for jurisdictions that support Community Violence Intervention (CVI) programs, seek to hire officers that would engage with community stakeholders to involve them in strategic operations and planning, and implement hiring practices to help agencies mirror the racial diversity of the communities that they serve. All local, state, Tribal, and territorial law enforcement agencies that have primary law enforcement authority are eligible to apply. 

            Funding also includes $73 million for the School Violence Prevention Program (SVPP). This program provides funding to improve security at schools and on school grounds in the grantees’ jurisdictions through evidence-based school safety programs. Awards will be provided directly to eligible state, local, Tribal, and territorial partners. Recipients of SVPP funding must use funding for the benefit of K-12, primary, and secondary schools, and students.

          Please visit https://cops.usdoj.gov/grants for additional information about both the COPS Hiring Program and the School Violence Prevention Program.
                                                                                                            ###

CONCORD – United States Attorney Jane E. Young announced today that Anniel Gomez, an inmate at the Federal Correctional Institution FCI-Berlin, has been charged with one count of assault in connection with an incident on December 19, 2022. 

            According to the indictment and statements made in court, Gomez beat another inmate with a weapon consisting of two padlocks strapped together.  As a result, the alleged victim lost four teeth and suffered head trauma, including lacerations above the right eyebrow and back of the head. 

           The charges in the indictment are only allegations.  The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

           This matter was investigated by the Federal Bureau of Investigation and FCI-Berlin’s Office of the Special Investigative Supervisor.  The case is being prosecuted by Assistant U.S. Attorney Matthew T. Hunter.

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CONCORD – Mikael Canario-Batista, 47, of Lawrence, Massachusetts, was sentenced to  151 months in federal prison for conspiring to distribute fentanyl, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, Canario-Batista was part of a drug-distribution conspiracy operating in Lawrence, Massachusetts that distributed fentanyl into New Hampshire. The defendant provided a stash house for fentanyl imported from an international source of supply and assisted in distributing the fentanyl to other larger distributors.  The defendant was intercepted on a court authorized wiretap arranging drug purchases from a co-conspirator who was importing the drugs. The interceptions and other evidence resulted in the execution of a search warrant at the defendant’s residence which resulted in the seizure of over 7 kilograms of fentanyl.

            “This is another example of the many people needed to make an international drug conspiracy function” said U.S. Attorney Young.  “The defendant operated a critical way station as the dangerous fentanyl traveled from its international source to the New Hampshire streets. We will continue to investigate and prosecute those involved at every level of moving this dangerous drug.”

            “DEA is committed to investigating and dismantling Drug Trafficking Organizations and individuals like Mr. Batista who are responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle.  “Today’s substantial sentence not only holds Mr. Batista accountable for his crimes but serves as a warning to those traffickers who are fueling the opioid epidemic with deadly drugs in order to profit and destroy people’s lives.  DEA’s top priority is combatting the opioid epidemic by working with our local, county, state and federal partners to bring to justice anyone who distributes this poison.”

            “Canario-Batista played an important role in the supply chain that brings deadly opiates like fentanyl into our communities. International drug trafficking is an incredibly complex problem that can only be addressed through collaboration and we are proud to join our partners with the Drug Enforcement Administration as we work together for results like today’s sentence,” said Michael Krol, Acting Special Agent in Charge for Homeland Security Investigations in New England.

            This matter was investigated by the Drug Enforcement Administration and Homeland Security Investigations.  The case was prosecuted by Assistant U.S. Attorneys Seth Aframe, John Kennedy and Heather Cherniske.

###

            CONCORD – John E. Murray, III, 56, of Alton Bay was sentenced today to twenty-five years in federal prison for production of child sexual abuse material and sex trafficking of minors, United States Attorney Jane E. Young announced.

            Murray was a manager at the West Alton Marina on Alton Bay, where he was responsible for hiring and supervising seasonal employees, many of whom were minors.  According to court documents and statements made in court, Murray solicited minor employees of the marina for sexually explicit images and videos of themselves, often in exchange for cash.  Murray directed the victims to send him the videos via Snapchat, and videos of the victims were found on Murray’s cell phone and in his Snapchat account.  Murray also subjected minor employees to unwanted sexual contact and sexual acts, to include fondling and oral sex.  With respect to two minor victims, Murray made cash payments to them in exchange for allowing Murray to perform sexual acts on the victims.  The conduct took place over the course of several years and dates back to at least 2015.  Murray has been in state custody since August 2021 on related charges.

            “But for the bravery of the survivors in coming forward, this outcome would not have been possible,” United States Attorney Young said.  “We hope that today’s sentencing brings some measure of solace to the survivors and their families and serves as a warning to anyone who would target children for sexual abuse and exploitation in New Hampshire.”  Attorney Young went on to say, “To our local, state, and federal law enforcement partners who worked together seamlessly throughout this investigation—thank you for your outstanding work and tireless dedication in the pursuit of justice.”  

            “For years, Murray used his position of power to prey on his young employees, exploiting and subjecting them to unwanted advances. Thanks to the tireless efforts of a collaborative group of law enforcement professionals and the bravery of those who came forward, he faces a long sentence in federal prison,” said Michael Krol, Acting Special Agent in Charge of Homeland Security Investigations in New England.

            This matter was investigated by Homeland Security Investigations and the Alton Police Department, with assistance from the New Hampshire State Police, the New Hampshire Human Trafficking Collaborative Task Force, and the New Hampshire Internet Crimes Against Children Task Force.  The case was prosecuted by Assistant U.S. Attorney Kasey Weiland.

            In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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            CONCORD, N.H. - Leith Sukkar, 23, of Merrimack New Hampshire, was sentenced to 18 months in federal prison on one count of unlicensed firearm dealing and two counts of making a false statement during the acquisition of a firearm, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, Between September 2021 and May 3, 2022, Sukkar purchased 24 firearms from four federally licensed firearms dealers in New Hampshire. Sukkar falsely represented that he was the actual purchaser of the firearms when, in fact, he was purchasing the firearms for other people.  On May 3, 2022, Sukkar made a false statement during the purchase of a Glock model 29, 10mm pistol and a Glock model 43, 9mm pistol from Shooter’s Outpost, a federally licensed firearms dealer, located in Hooksett, New Hampshire.  Similarly on April 27, 2022, Sukkar made a false statement during the purchase of a Taurus model G2S, 9mm pistol, from Shooter’s Outpost.  Other evidence obtained during the investigation showed that he was charging $900 for firearms and accepted drugs as payment for at least one firearm.  Sukkar does not have a federal license to sell or deal in firearms.

            After sentencing U.S. Attorney Young said, “this defendant’s deliberate actions were designed to thwart the application of firearms laws and merit the term of imprisonment he received.  The defendant’s crimes facilitated crimes of violence and other crimes, including drug offenses, in New Hampshire and neighboring states.”

            This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Manchester Police Department Special Investigations Unit, and the New Hampshire Sate Police.  The case was prosecuted by Assistant U.S. Attorneys Geoffrey Ward, Anna Krasinski, and Deb Walsh.     

###

            CONCORD – Craig Wiggin, 44, formerly of Rochester, New Hampshire was sentenced to 68 months in federal prison for conspiracy to distribute controlled substances, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, in July 2021, Wiggin conspired with other individuals to sell quantities of fentanyl to an individual cooperating with the Federal Bureau of Investigation (“FBI”) and to an FBI Task Force Officer, who was acting in an undercover capacity as a drug customer. The drug sales occurred at various locations in Rochester, New Hampshire and totaled approximately 225 grams of fentanyl.  

            “Fentanyl continues to be a major threat to the safety of New Hampshire citizens. Those individuals who choose to distribute the drug in New Hampshire will be vigorously prosecuted,” said U.S. Attorney Jane E. Young.

            “Today’s sentence should put other drug traffickers who are following in Craig Wiggin’s footsteps on notice that the FBI and our law enforcement partners are working together to identify, disrupt, and remove from our communities anyone who peddles deadly fentanyl,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. 

            The case is being investigated by the FBI’s New Hampshire Major Offender Task Force and the New Hampshire State Police’s Narcotics Investigations Unit. The case is being prosecuted by Assistant United States Attorney Jennifer C. Davis.

###

 

            CONCORD – Jared Stottlar, 43, of Tilton, was sentenced to 144 months of imprisonment today for possessing with intent to distribute methamphetamine and possessing a firearm in connection with a drug trafficking offense, United States Attorney Jane E. Young announced.

            According to court documents and statements made in court, during an investigation law enforcement learned that Stottlar was dealing in significant quantities of methamphetamine.  Police executed searches and seized over approximately 1.6 kilograms of methamphetamine and 11 firearms, several of which were stolen, from Stottlar.  Law enforcement also recovered over $100,000 from the defendant.  Stottlar was arrested on federal charges on June 9, 2020 and has been detained since then.  

            “The defendant, armed with firearms, trafficked methamphetamine into our communities for profit,” said U.S. Attorney Young.  “The sentence imposed by the court today demonstrates that such criminal activity will not be tolerated and will result in more than a decade of incarceration.  Working with our law enforcement partners, this office will continue to actively prosecute armed criminals who traffic dangerous drugs into our communities.”           

             The case was investigated by the Drug Enforcement Administration, with assistance from the Tilton, Franklin, and Sanbornton Police Departments.  It was prosecuted by Assistant U.S. Attorneys Anna Krasinski, Alexander S. Chen, and Seth R. Aframe.

###

CONCORD – Carlos Ozuna, 51, of Lawrence, Massachusetts, was sentenced to 45 months in federal prison for a drug-distribution conspiracy, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, Ozuna was part of a drug-distribution conspiracy operating in Lawrence, Massachusetts that distributed fentanyl into New Hampshire. The defendant purchased wholesale quantities of fentanyl from another member of the conspiracy, who, in turn, imported the fentanyl from an international source of supply.  The defendant was intercepted as part of a court authorized wiretap investigation arranging drug purchasers from the conspirator who was importing the drugs. The interception revealed that the defendant was purchasing approximately one kilogram of fentanyl for further distribution.

           “Fentanyl distribution continues to be one of the significant problems plaguing our communities” said U.S. Attorney Young.  “As this case demonstrates, we will continue to leverage all available methods of detection available to stop the stream of deadly fentanyl into New Hampshire and to prosecute those involved in this drug trafficking.”

            This matter was investigated by the Drug Enforcement Administration.  The case was prosecuted by Assistant U.S. Attorneys Seth Aframe, John Kennedy and Heather Cherniske.

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            CONCORD – William Heredia, 36, of Haverhill, Massachusetts, pleaded guilty in federal court today to an indictment charging him with one count of making a false statement during the acquisition of a firearm, United States Attorney Jane E. Young announced.

            According to court documents and statements made in court, on November 23, 2018, Mr. Heredia purchased a Smith & Wesson rifle from a federal firearms licensee in Plaistow, New Hampshire.  In completing the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) Form 4473, Mr. Heredia stated that he was the actual transferee of the firearm.  In fact, Mr. Heredia, who previously worked as an employee of the Massachusetts Department of Youth Services, was buying the gun for an individual whom Mr. Heredia had met when the individual was in juvenile detention. The individual accompanied Mr. Heredia to the firearms store, and Mr. Heredia transferred the Smith & Wesson rifle to the individual that same day. 

            Heredia is scheduled to be sentenced on June 20, 2023.  

            This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.  The case was prosecuted by Assistant U.S. Attorneys Anna Krasinski and Aaron Gingrande.

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CONCORD - Sean Crockett, 41, of Lebanon, Maine, was sentenced to 18 months in federal prison for bank fraud, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, Crockett used other people’s identities to open merchant accounts and used those accounts to process fraudulent credit card payments.  Merchant accounts are bank accounts for businesses that allow them to accept payments by debit or credit card.

            To execute the scheme, Crockett used altered bank and incorporation records, false tax documents, and other persons’ identities to apply for and open merchant bank accounts for companies Crockett controlled.  Crockett paid some of these persons to use their identities to open these accounts.  Others did not know Crockett and never gave permission to him to open the merchant accounts.

            Crockett then used stolen credit card information to process fraudulent transactions.  Crockett withdrew the funds soon after they were deposited. Later the credit card holders disputed the transactions, resulting in hundreds of thousands of dollars of “chargebacks” to those merchant accounts.  Normally, when chargebacks occur the funds are withdrawn from the merchant account.  In this case, however, because Crockett had already withdrawn the funds, the bank was forced to pay the chargebacks.  Because of this, the bank routinely closed Crockett’s merchant accounts.  To continue the scheme, Crockett opened new merchant accounts using other peoples’ identities.

            In addition to his prison sentence, Crockett was ordered to pay $145,289.01 in restitution and will be under three years of supervised release following the completion of his sentence.

            “Financial crimes cause serious harm to victims and deprive them of their hard-earned money,” said U.S. Attorney Young.  “Through this deceitful scheme, the defendant defrauded his victims and prevented financial institutions from clawing back his ill-gotten gains. To stop this type of criminal activity, we work closely with our law enforcement partners to identify and prosecute fraudsters and other white-collar criminals.”

            “Today Sean Crockett learned his fate for orchestrating a sophisticated fraud scheme using other people’s identities to open accounts to evade detection so he could then commit more fraud, harming his victims and forcing them to incur hundreds of thousands of dollars in unnecessary losses,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “What he did is inexcusable, and the FBI will continue to work with our law enforcement partners to tackle these types of financial crimes and bring their perpetrators to justice.”

            This matter was investigated by the Federal Bureau of Investigation and the Internal Revenue Service.  The case was prosecuted by Assistant U.S. Attorney Matthew T. Hunter and Assistant U.S. Attorney Alexander S. Chen.

###

            CONCORD – Tyler Ward, 36, of Dover, pleaded guilty in federal court today to two counts of distributing fentanyl and one count of possessing fentanyl with intent to distribute it, United States Attorney Jane E. Young announced.

            According to court documents and statements made in court, Mr. Ward distributed five grams of fentanyl in each of two separate hand-to-hand controlled transactions conducted at Mr. Ward’s apartment in Dover on February 2, 2022 and February 11, 2022.  On March 3, 2022, law enforcement executed a search warrant of Mr. Ward’s apartment and arrested Mr. Ward, who had approximately eight grams of fentanyl on his person at the time.  A search of the apartment revealed an additional 625 grams of fentanyl.  Mr. Ward subsequently admitted to law enforcement in a post-arrest interview that he had intended to sell the fentanyl recovered from his apartment.

            Ward is scheduled to be sentenced on June 13, 2023.

            This matter was investigated by the FBI in conjunction with the Strafford County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Aaron Gingrande.

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Introduction

 

            The Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group,” instructed that each component of the Department of Justice (the “Department”) that prosecutes corporate crime should review its policies on corporate voluntary self-disclosure and, if there is no formal written policy to incentivize self-disclosure, it must draft and publicly share such a policy.  

            The Attorney General’s Advisory Committee (AGAC) requested that the White Collar Fraud Subcommittee of the AGAC, under the leadership of U.S. Attorney for the Eastern District of New York Breon Peace (Chair), recommend relevant policies and procedures for consideration.  The below policy was prepared by a Corporate Criminal Enforcement Policy Working Group comprised of U.S. Attorneys from geographically diverse districts, including U.S. Attorney Peace, as well as U.S. Attorney for the Northern District of California Stephanie Hinds,  U.S. Attorney for the District of Connecticut Vanessa Avery,  U.S. Attorney for the District of Hawaii Clare Connors,  U.S. Attorney for the District of New Jersey Philip Sellinger,  U.S. Attorney for the Eastern District of North Carolina Michael F. Easley, Jr.,  U.S. Attorney for the Eastern District of Virginia Jessica Aber, and U.S. Attorney for the Western District of Virginia Christopher Kavanaugh.  Mandy Riedel, White Collar Crimes Coordinator for the Executive Office for U.S. Attorneys, also participated in the development of this policy. 

            The Office of the Deputy Attorney General has reviewed and approved this policy.  The policy shall apply to all United States Attorney’s Offices and is effective immediately.

 

Policy[1]

I. Voluntary Self-Disclosure Program

            In circumstances where a company becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the Department, companies may come to the United States Attorney’s Office (the “USAO”) and disclose that misconduct, enabling the government to investigate and hold wrongdoers accountable more quickly than would otherwise be the case.  

            In determining the appropriate form and substance of a criminal resolution for any company, prosecutors should consider whether the criminal conduct at issue came to light as a result of the company’s timely, voluntary self-disclosure and credit such disclosure appropriately.  See Memorandum from Deputy Attorney General Lisa Monaco, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussion with Corporate Crime Advisory Group,” Sept. 15, 2022 (referred to herein as the “Monaco Memo”).[2]  

            Crediting voluntary self-disclosure of misconduct by companies helps incentivize self-reporting and ensure individual accountability for misconduct.  This policy sets forth the criteria the USAO uses in determining an appropriate resolution for an organization that makes a Voluntary Self-Disclosure (VSD) of misconduct to the USAO, the USAO’s expectations of what constitutes a VSD, and clear and predictable benefits for such VSDs.  Companies that voluntarily self-disclose misconduct to the USAO pursuant to this policy will receive resolutions under more favorable terms than if the government had learned of the misconduct through other means.[3]  (See Section II – Benefits of Meeting the Standards of Voluntary Self-Disclosure). 

            In cases where the company is being jointly prosecuted by a USAO and another Department office or component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other Department offices or components,[4] the USAO will coordinate with, or, if necessary, obtain approval from, the Department component responsible for the VSD policy specific to the reported misconduct when considering a potential resolution and before finalizing any resolution.  Consistent with relevant provisions of the Justice Manual and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of this policy.

            Even if companies believe the government may already be aware of the misconduct through other means, companies are encouraged to make disclosures to the Department.  Prompt self-disclosures to the government will be considered favorably, even if they do not satisfy all the VSD criteria set forth below.[5]    

            A. Standards of Voluntary Self-Disclosure

Decisions about whether a disclosure constitutes a VSD will be made by the USAO based on a careful assessment of the circumstances of the disclosure on a case-by-case basis and at the sole discretion of the USAO.  The USAO will require that a disclosure meet each of the following standards for it to constitute a VSD under this policy:

1. Voluntary:  VSDs only occur when the disclosure of misconduct is made voluntarily by the company.  A disclosure will not be deemed a VSD under this policy where there is a preexisting obligation to disclose, such as pursuant to regulation, contract, or a prior Department resolution (e.g., non-prosecution agreement or deferred prosecution agreement).[6]  
    
2. Timing of the Disclosure:  A disclosure will only be deemed a VSD when the disclosure is made to the USAO:

 

       a. “prior to an imminent threat of disclosure or government investigation,” U.S.S.G. § 8C2.5(g)(1);

       b. prior to the misconduct being publicly disclosed or otherwise known to the government; and

       c. within a reasonably prompt time after the company becoming aware of the misconduct, with the burden being on the company to demonstrate timeliness.

 

1. Substance of the Disclosure and Accompanying Actions:  For a disclosure to be deemed a VSD under this policy, the disclosure must include all relevant facts concerning the misconduct that are known to the company at the time of the disclosure. 
   
   The USAO recognizes that a company may not be in a position to know all relevant facts at the time of a VSD because the company disclosed reasonably promptly after becoming aware of the misconduct.  Therefore, a company should make clear that its disclosure is based upon a preliminary investigation or assessment of information, but it should nonetheless provide a fulsome disclosure of the relevant facts known to it at the time.           
   
   The USAO further expects that the company will move in a timely fashion to preserve, collect, and produce relevant documents and/or information, and provide timely factual updates to the USAO.  Should the company conduct an internal investigation, the USAO expects appropriate factual updates as that investigation progresses.  See JM § 9-28.700.

 

II. Benefits of Meeting the Standards for Voluntary Self-Disclosure

    A. Credit for Voluntary Self-Disclosure, Full Cooperation, and Timely and Appropriate Remediation

        Absent the presence of an aggravating factor, the USAO will not seek a guilty plea where a company has (a) voluntarily self-disclosed in accordance with the criteria set forth above, (b) fully cooperated, and (c) timely and appropriately remediated the criminal conduct.[7]  Aggravating factors that may warrant the USAO seeking a guilty plea include, but are not limited to, misconduct that:   

1. poses a grave threat to national security, public health, or the environment;

1. is deeply pervasive throughout the company; or

1. involved current executive management of the company.

The presence of an aggravating factor does not necessarily mean that a guilty plea will be required.  The USAO will assess the relevant facts and circumstances to determine the appropriate resolution.

       To meet the standards of this VSD policy, appropriate remediation must include, but is not necessarily limited to, the company agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct at issue.  

        In addition, where a company fully meets the VSD policy, the USAO may choose not to impose a criminal penalty, and in any event will not impose a criminal penalty that is greater than 50% below the low end of the U.S. Sentencing Guidelines fine range.

        If, due to the presence of an aggravating factor, a guilty plea is warranted for a company that has voluntarily self-disclosed, fully cooperated, and timely and appropriately remediated the criminal conduct, the USAO:

1. will accord or recommend to a sentencing court, at least 50% and up to a 75% reduction off the low end of the U.S. Sentencing Guidelines fine range after any applicable reduction under U.S.S.G. § 8C2.5(g), or the penalty reduction benefit set forth in the alternate VSD policy specific to the misconduct at issue, if applicable; and

1. will not require appointment of a monitor if the company has, at the time of resolution, demonstrated that it has implemented and tested an effective compliance program consistent with Subsection B below.    

 

​​​​​​​     B. Effective Compliance and Independent Monitorship

         The USAO will not require the imposition of an independent compliance monitor for a cooperating company that voluntarily self-discloses the relevant conduct and timely and appropriately remediates the criminal conduct, if the company demonstrates at the time of resolution that it has implemented and tested an effective compliance program.  Decisions about the need for a monitor will be made on a case-by-case basis and at the sole discretion of the USAO. 

         In evaluating whether the company has implemented and tested an effective compliance program, the USAO will refer to the Monaco Memo.  This evaluation shall consider resources developed by the Department of Justice’s Criminal Division to assist prosecutors in assessing the effectiveness of a company’s compliance program (see, e.g., Criminal Division, Evaluation of Corporate Compliance Programs (updated June 2020)) or guidance provided by other Department components as to specialized areas of corporate compliance.

 

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[1] The contents of this memorandum provide internal guidance to prosecutors on legal issues.  Nothing in it is intended to create any substantive or procedural rights, privileges, or benefits enforceable in any administrative, civil, or criminal matter by prospective or actual witnesses or parties.

[2] Consistent with the Monaco Memo, the terms corporation and company apply to all types of business organizations, including but not limited to partnerships, sole proprietorships, government entities, and unincorporated associations.  See Justice Manual (“JM”) § 9-28.200.

 

[3] The policy applies to all companies, including those that have been the subject of prior resolutions.  Department prosecutors will weigh and appropriately credit all VSDs on a case-by-case basis, pursuant to this policy and applicable Department guidance.

[4] See, e.g., Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (Criminal Division); Leniency Policy and Procedures (Antitrust Division); NSD Enforcement Policy for Business Organizations (National Security Division); Environmental Crimes Section Voluntary Self-Disclosure Policy (Environment and Natural Resources Division); Consumer Protection Branch Voluntary Self-Disclosure Policy for Business Organizations (Consumer Protection Branch); The Corporate Voluntary Self-Disclosure Policy of the Tax Division (Tax Division).

[5] Regardless of whether a disclosure meets the standards of a VSD, prosecutors will continue to consider the corporation’s pre-indictment conduct, e.g., voluntary disclosure or cooperation, in determining whether to seek an indictment.   JM § 9-28.400.  Separate from this formal VSD Program, the Department continues to encourage corporations, as part of their compliance programs, to conduct internal investigations and to disclose the relevant facts to the appropriate authorities.  See JM § 9-28.900.  A corporation’s timely and voluntary disclosure of wrongdoing is among the factors prosecutors should consider in reaching a decision as to the proper treatment of a corporate target in conducting an investigation, determining whether to bring charges, and negotiating plea or other agreements.  See JM § 9-28.300.  Prosecutors may also consider a corporation’s timely and voluntary disclosure, as an independent factor in evaluating the company’s overall cooperation and the adequacy of the corporation’s compliance program and its management’s commitment to the compliance program.  See JM § 9-28.900. 

[6] This policy also does not apply in situations where disclosure of a company’s misconduct to the USAO was made by whistleblowers, including those who have informed the Department of fraud and other misconduct in qui tam actions. 

[7] In such cases, the resolution could include a declination, non-prosecution agreement, or deferred prosecution agreement.  In evaluating whether a company has fully cooperated and timely and appropriately remediated the criminal conduct, the USAO will rely on operative provisions of the Justice Manual and Department policy.  See, e.g., Monaco Memo; Memorandum from Deputy Attorney General Lisa O. Monaco, “Corporate Crime Advisory Group and Initial Revisions to Corporate Criminal Enforcement Policies,” Oct. 28, 2021.

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Introduction

 

            The Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group,” instructed that each component involved in corporate criminal resolutions that does not currently have a public monitor selection process must adopt an already existing Department process, or develop and publish its own process.

            The Attorney General’s Advisory Committee (AGAC) requested that the White Collar Fraud Subcommittee of the AGAC, under the leadership of U.S. Attorney for the Eastern District of New York Breon Peace (Chair), recommend relevant policies and procedures for consideration. The below policy was prepared by a Corporate Criminal Enforcement Policy Working Group comprised of U.S. Attorneys from geographically diverse districts, including U.S. Attorney Peace, as well as U.S. Attorney for the Northern District of California Stephanie Hinds, U.S. Attorney for the District of Connecticut Vanessa Avery, U.S. Attorney for the District of Hawaii Clare Connors, U.S. Attorney for the District of New Jersey Philip Sellinger, U.S. Attorney for the Eastern District of North Carolina Michael F. Easley, Jr., U.S. Attorney for the Eastern District of Virginia Jessica Aber, and U.S. Attorney for the Western District of Virginia Christopher Kavanaugh. Assistant U.S. Attorney Mandy Riedel, White Collar Crimes Coordinator for the Executive Office for U.S. Attorneys, also participated in the development of this policy.

            The Office of the Deputy Attorney General has reviewed and approved this policy. The policy shall apply to all United States Attorney’s Offices and is effective as of March 1, 2023.

Policy

            The purpose of this memorandum is to establish standards, policy, and procedures for the selection of monitors in criminal matters being handled by United States Attorney’s Offices (“USAOs,” and each a “USAO”).1 This memorandum sets forth the public monitor selection process for all USAOs, the adoption of which was directed by the Memorandum from Deputy Attorney General Lisa O. Monaco, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group,” dated September 15, 2022 (“Monaco Memo 2022”), and incorporates guidance from both Monaco Memo 2022 and the Memorandum from Deputy Attorney General Lisa O. Monaco, “Corporate Crime Advisory Group and Initial Revisions

1 The contents of this memorandum provide internal guidance to prosecutors on legal issues. Nothing in it is intended to create any substantive or procedural rights, privileges, or benefits enforceable in any administrative, civil, or criminal matter by prospective or actual witnesses or parties. This memorandum does not apply to cases involving court-appointed monitors, where prosecutors must give due regard to the appropriate role and procedures of the court.

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to Corporate Criminal Enforcement Policies,” dated October 28, 2021 (“Monaco Memo 2021”).2 The standards, policy, and procedures contained in this memorandum shall apply to all determinations regarding whether a monitor is appropriate in specific criminal cases and to any deferred prosecution agreement (“DPA”), non-prosecution agreement (“NPA”), or plea agreement between the USAO and a company which requires the retention of a monitor.

I.     Principles for Determining Whether a Monitor is Needed in Individual Cases

       Independent corporate monitors can be an effective resource in assessing a company’s compliance with the terms of a corporate criminal resolution, whether a DPA, NPA, or plea agreement. Monitors can also be an effective means of reducing the risk of repeat misconduct and compliance lapses identified during a corporate criminal investigation.

       Prosecutors should analyze and carefully assess the need for the imposition of a monitor on a case-by-case basis, using the following non-exhaustive list of factors when evaluating the necessity and potential benefits of a monitor:

   1.   Whether the company voluntarily self-disclosed the underlying misconduct in a manner that satisfies the USAO’s self-disclosure policy;

   2.  Whether, at the time of the resolution and after a thorough risk assessment, the company has implemented an effective compliance program and sufficient internal controls to detect and prevent similar misconduct in the future;

   3.  Whether, at the time of the resolution, the company has adequately tested its compliance program and internal controls to demonstrate that they would likely detect and prevent similar misconduct in the future;

   4.  Whether the underlying criminal conduct was long-lasting or pervasive across the company or was approved, facilitated, or ignored by senior management, executives, or directors (including by means of a corporate culture that tolerated risky behavior or misconduct, or did not encourage open discussion and reporting of possible risks and concerns);

   5.  Whether the underlying criminal conduct involved the exploitation of an inadequate compliance program or system of internal controls;

   6.   Whether the underlying criminal conduct involved active participation of compliance personnel or the failure of compliance personnel to appropriately escalate or respond to red flags;

2 The two Monaco memos incorporate and are consonant with prior memoranda on monitor selection that were applicable to the USAOs, including the Memorandum from Acting Deputy Attorney General Craig S. Morford, dated March 7, 2008.

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   7.   Whether the company took adequate investigative or remedial measures to address the underlying criminal conduct, including, where appropriate, the termination of business relationships and practices that contributed to the criminal conduct, and discipline or termination of personnel involved, including with respect to those with supervisory, management, or oversight responsibilities for the misconduct;

   8.   Whether, at the time of the resolution, the company’s risk profile has substantially changed, such that the risk of recurrence of the misconduct is minimal or nonexistent;

   9.   Whether the company faces any unique risks or compliance challenges, including with respect to the particular region or business sector in which the corporation operates or the nature of the corporation's customers; and

   10.  Whether and to what extent the company is subject to oversight from industry regulators, or a monitor imposed by another domestic or foreign enforcement authority or regulator.

The factors listed above are intended to be illustrative of those that should be evaluated and are not an exhaustive list of potentially relevant considerations. Prosecutors should determine whether a monitor is required based on the facts and circumstances presented in each case.3

      In general, a USAO should favor the imposition of a monitor where there is a demonstrated need for, and clear benefit to be derived from, a monitorship. Where a company’s compliance program and controls are untested, ineffective, inadequately resourced, or not fully implemented at the time of a resolution, prosecutors should consider imposing a monitorship. This is particularly true if the investigation reveals that a compliance program is deficient or inadequate in numerous or significant respects. Conversely, where a company’s compliance program and controls are demonstrated to be tested, effective, adequately resourced, and fully implemented at the time of a resolution, a monitor may not be necessary. Finally, at a minimum, the scope of any monitorship should be appropriately tailored to address the specific issues and concerns that created the need for the monitor.

II.   Approval Requirement for Monitorship Agreements

      Before agreeing to the imposition of a monitor in any case, the prosecutors handling the matter must first receive approval from their supervisors, and the United States Attorney (“USA”).

III.   Terms of USAO Monitorship Agreements

      As a preliminary matter, any DPA, NPA, or plea agreement between the USAO and a company which requires the retention of a monitor (hereinafter referred to as the “Agreement”), should contain the following:

1. a description of the monitor’s required qualifications;

3 Monitors should not be imposed to further punitive goals.

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  2. a description of the monitor selection process;

  3.  a description of the process for replacing the monitor during the term of the monitorship, should it be necessary;

  4.  a statement that the parties will endeavor to complete the monitor selection process within sixty (60) days of the execution of the underlying agreement;

  5.  an explanation of the responsibilities of the monitor and the monitorship’s scope; and

  6.  the length of the monitorship.

IV.  Standing Committee on the Selection of Monitors

      Each USAO shall create a Standing Committee on the Selection of Monitors (the “Standing Committee”).

      A.  Composition of the Standing Committee

      The Standing Committee shall be comprised of 3 to 5 senior prosecutors and must include the following individuals: (1) the USAO’s Criminal Division Chief; (2) the Chief of the section or unit entering into the Agreement; and (3) the USAO’s Ethics Advisor.4

      The Criminal Division Chief shall serve as the Chair of the Standing Committee and shall be responsible for ensuring that the Standing Committee discharges its responsibilities. All USAO employees involved in the selection process, including Standing Committee Members, should be mindful of their obligations to comply with the conflict-of-interest guidelines set forth in 18 U.S.C. Section 208, 5 C.F.R. Part 2635 (financial interest), and 28 C.F.R. Part 45.2 (personal or political relationship), and shall provide written certification of such compliance to the Criminal Division Ethics Advisor as soon as practicable, but no later than the time of the submission of the Monitor Recommendation Memorandum to the USA.

      B.  Convening the Standing Committee

      The Chief of the relevant section or unit handling the case should notify the Chair of the Standing Committee as soon as practicable that the Standing Committee will need to convene. Notice should be provided as soon as an agreement in principle has been reached between the government and the company that is the subject of the Agreement (hereinafter referred to as the “Company”), but not later than the date the Agreement is executed. The Chair will arrange to convene the Standing Committee meeting as soon as practicable after receiving the Monitor

4 Should any of these three individuals be recused from a particular case, the USA will appoint another senior prosecutor to fill that individual’s position on the Standing Committee. If the Ethics Advisor is recused, that position must be filled with another senior prosecutor with similar responsibilities, such as another or alternate Ethics Advisor, or a Professional Responsibility Advisor.

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Recommendation Memorandum described below, identify the Standing Committee participants for that case, and ensure that there are no conflicts among the Standing Committee Members.

V.  The Selection Process

     A monitor must be selected based on the unique facts and circumstances of each matter and the merits of the individual candidate. Accordingly, the selection process should: (i) instill public confidence in the process; (ii) reflect the Department’s commitment to diversity, equity, inclusion, and accessibility; 5 and (iii) result in the selection of a highly qualified person or entity, free of any actual or potential conflict of interest or appearance of a potential or actual conflict of interest, and suitable for the assignment at hand.6 To meet those objectives, the USAO shall employ the following procedure7 in selecting a monitor, absent authorization from the Standing Committee to deviate from this process as described in Section VII below.

     A.   Nomination of Monitor Candidates

     At the outset of the monitor selection process, counsel for the Company should be advised by the prosecutors handling the matter to recommend a pool of three qualified monitor candidates. Within at least (20) business days after the execution of the Agreement, the Company should submit a written proposal identifying the monitor candidates, providing the following:

1. a description of each candidate’s qualifications and credentials in support of the evaluative considerations and factors listed below (and those of their team, where applicable);
2. a written certification by the Company that it will not employ or be affiliated with the monitor, the monitor’s firm, or other professionals who are part of the monitorship team during the term of the monitorship, for a period of not less than three years from the date of the termination of the monitorship;8
3. a written certification by each of the candidates that they have no conflict of interest that would prevent them from accepting the monitorship and is not a current or recent (i.e., within the prior two years) employee, agent, or representative of the Company and holds no interest in, and has no relationship with, the Company, its subsidiaries, affiliates or related entities, or its employees, officers, directors, or outside counsel retained in the matter at issue in the monitorship;

5 This includes with respect to the monitor, as well as the team supporting the monitor.

6 Any submission or selection of a monitor candidate by either the Company or the USAO shall be made without unlawful discrimination against any person or class of persons.

7 The selection process outlined in this Memorandum applies both to the selection of a monitor at the initiation of a monitorship and to the selection of a replacement monitor, where necessary.

8 A USA, with the agreement of the Ethics Advisor, may waive this requirement as to the monitor’s firm or professionals who are part of the monitorship team during the term of the monitorship; such a waiver decision ought to be accompanied by written justification stating the reasons as to why such a waiver is necessary.

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  4. a written certification by each of the candidates that they have notified any clients that the candidate represents in a matter involving the USAO, and that the candidate has either obtained a waiver from those clients or has withdrawn as counsel in the other matter(s); and

  5.  a statement identifying the monitor candidate that is the Company’s first choice to serve as the monitor.

  B.  Initial Review of Monitor Candidates

  The prosecutors handling the matter, along with supervisors, should promptly interview each monitor candidate to assess their independence, qualifications, credentials and suitability for the assignment (and those of their team, where applicable) and, in conducting a review, should consider the following factors:

1. each monitor candidate’s general background, education and training, professional experience, professional commendations and honors, licensing, reputation in the relevant professional community, and past experience as a monitor;
2. each monitor candidate’s experience and expertise with the particular area(s) at issue in the case under consideration, and experience and expertise in applying the particular area(s) at issue in an organizational setting;
3. each monitor candidate’s degree of objectivity and independence from the Company to ensure effective and impartial performance of the monitor's duties;
4. the adequacy and sufficiency of each monitor candidate’s resources to discharge the monitor's responsibilities effectively; and
5. any other factor determined by the prosecutors, based on the circumstances, to relate to the qualifications, competency, and independence of each monitor candidate as they may relate to the tasks required by the monitor agreement and nature of the business organization to be monitored.

 

   If the prosecutors handling the matter and their supervisors decide that any or all of the three candidates lack the requisite qualifications, they should notify the Company and request that counsel for the Company propose another candidate or candidates within twenty (20) business days.9 Once the prosecutors handling the matter conclude that the Company has provided a slate of three qualified

9 A Company may be granted a reasonable extension of time to propose an additional candidate or candidates if circumstances warrant an extension. The prosecutors handling the matter should advise the Standing Committee of any such extension.

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candidates, they should conduct a review of those candidates and confer with their supervisors to determine which of the monitor candidates should be recommended to the Standing Committee.10

     C.    Preparation of a Monitor Recommendation Memorandum

     Once the prosecutors handling the matter and their supervisors recommend a candidate, the selection process should be referred to the Standing Committee. The prosecutors handling the matter should prepare a written memorandum to the Standing Committee, in the format attached hereto. The memorandum should contain the following information:

1. a brief statement of the underlying case;
2. a description of the proposed disposition of the case, including the charges filed (if any);
3. an explanation as to why it was determined that a monitor is required in the case, based on the considerations set forth in this memorandum;
4. a summary of the responsibilities of the monitor, and their term;
5. a description of the process used to select the candidate;
6. a description of the selected candidate’s qualifications (and those of their team, if applicable), and why the selected candidate is being recommended;
7. a description of countervailing considerations, if any, in selecting the candidate;
8. a description of the other candidates put forward for consideration by the Company; and
9. a signed certification, on the form attached hereto, by each of the prosecutors involved in the monitor selection process that he/she has complied with the conflicts-of-interest guidelines set forth in 18 U.S.C Section 208, 5 C.F.R. Part 2635, and 28 C.F.R. Part 45 in the selection of the candidate.

       D.    Standing Committee Review of a Monitor Candidate

       The Standing Committee shall review the recommendation set forth in the Monitor Recommendation Memorandum and vote whether to accept the recommendation. In the course of making its decision, the Standing Committee may, in its discretion, interview one or more of the candidates put forward for consideration by the Company.

10 If the prosecutors handling the matter, along with their supervisors, determine that the Company has not proposed and appears unwilling or unable to propose acceptable candidates, consistent with the guidance provided herein, and that the Company's delay in proposing candidates is negatively impacting the Agreement or the prospective monitorship, then the prosecutors may evaluate alternative candidates that they identify in consultation with the Standing Committee and provide a list of such candidates to the Company for consideration.

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        If the Standing Committee accepts the recommended candidate, it should note its acceptance of the recommendation in writing on the Monitor Recommendation Memorandum and forward the memorandum to the USA for approval and ultimate submission to the Office of the Deputy Attorney General (“ODAG”). In addition to noting its acceptance of the recommendation, the Standing Committee may also, where appropriate, revise the Memorandum. The Standing Committee's recommendation should also include a written certification by the USAO’s Ethics Advisor that the recommended candidate meets the ethical requirements for selection as a monitor, that the selection process utilized in approving the candidate was proper, and that the attorneys involved in the process acted in compliance with the conflict-of-interest guidelines set forth in 18 U.S.C. Section 208, 5

C.F.R. Part 2635, and 28 C.F.R. Part 45.

        If the Standing Committee rejects the recommended candidate, it should so inform the prosecutors handling the matter and their supervisors of the rejection decision. In this instance, the prosecutors handling the matter, along with their supervisors, may either recommend an alternate candidate from the two remaining candidates proposed by the Company or, if necessary, obtain from the Company the names of additional qualified monitor candidates, as provided by Section V.C. above. If the Standing Committee rejects the recommended candidate, or the pool of remaining candidates, the prosecutors and their supervisors should notify the Company. The Standing Committee also should return the Monitor Recommendation Memorandum and all attachments to the prosecutors handling the matter.

        If the Standing Committee is unable to reach a majority decision regarding the proposed monitor candidate, the Standing Committee should so indicate on the Monitor Recommendation Memorandum and forward the Memorandum and all attachments to the USA for his or her decision.

        E.  Approval by the USA

        The USA must review and consider the recommendation of the Standing Committee set forth in the Monitor Recommendation Memorandum. In the course of doing so, the USA may request additional information from the Standing Committee or the prosecutors handling the matter and their supervisors. The USA may also elect to interview the candidate recommended by the Standing Committee.

         Once a proposed candidate is approved by the USA, the USA should forward the Monitor Recommendation Memorandum to ODAG.

         If the USA rejects the recommended candidate, they should so inform the Standing Committee, as well as the prosecutors handling the matter and their supervisors of the rejection decision in writing explaining the reasons behind the USA’s rejection. In this instance, the prosecutors handling the matter, along with their supervisors, may either recommend an alternate candidate from the two remaining candidates proposed by the Company or, if necessary, obtain from the Company the names of additional qualified monitor candidates, as provided by Section V.C. above. If the USA rejects the recommended candidate, or the pool of remaining candidates, the prosecutors and their supervisors should notify the Company.

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        F.   Approval of ODAG

        All monitor candidates selected pursuant to DPAs, NPAs, and plea agreements must be approved by ODAG. If ODAG does not approve the proposed monitor, the prosecutors handling the matter should notify the Company and request that the Company propose a new candidate or slate of candidates as provided by Section V.C. above. If ODAG approves the proposed monitor, the prosecutors handling the matter should notify the Company, which shall notify the three candidates of the decision, and the monitorship shall be executed according to the terms of the Agreement.

VI.  Retention of Records Regarding Monitor Selection

       It should be the responsibility of the prosecutors handling the matter to ensure that a copy of the Monitor Recommendation Memorandum, including attachments and documents reflecting the approval or disapproval of a candidate, is retained in the case file for the matter and that a second copy is provided to the Chair of the Standing Committee. The Chair of the Standing Committee should obtain and maintain an electronic copy of every agreement which provides for a monitor. The USA should also provide a copy of each agreement to the Assistant Attorney General for the Criminal Division at a reasonable time after it has been executed.

VII.  Departure from Policy and Procedure

       Given that each case presents unique facts and circumstances, the monitor selection process must be practical and flexible. When the prosecutors handling the case at issue conclude that the monitor selection process should be different from the process described herein, the departure should be discussed, approved, and documented by the Standing Committee.11 The Standing Committee can request additional information or a written request for a departure.12

VIII.  Continued Review of Monitorship

        In matters where an independent corporate monitor is imposed pursuant to a resolution with the USAO, prosecutors should ensure that the monitor’s responsibilities and scope of authority are well-defined and recorded in writing, and that a clear workplan is agreed upon between the monitor and the company – all to ensure agreement among the company, monitor, and USAO as to the proper scope of review.

11 Any substitute process that departs from the process set forth in this policy must incorporate and apply the same principles of transparency, predictability, and consistency, as set forth in the Monaco Memo 2022.

12 In cases where the company is being jointly prosecuted by a USAO and another Department component, the USAO and the Department component shall jointly determine whether to apply the monitor selection process of the USAO, the Department component, or an alternative selection process that combines elements of their respective policies and procedures, including, but not limited to, with respect to the composition of the Standing Committee.

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       For the term of the monitorship, prosecutors must remain apprised of the ongoing work conducted by the monitor.13 Continued review of the monitorship requires ongoing communication with both the monitor and the company.14   

       Prosecutors should receive regular updates from the monitor about the status of the monitorship and any issues presented. Monitors should promptly alert prosecutors if they are being denied access to information, resources, or corporate employees or agents necessary to execute their charge. Prosecutors should also regularly receive information about the work the monitor is doing to ensure that it remains tailored to the workplan and scope of the monitorship. In reviewing information relating to the monitor’s work, prosecutors should consider the reasonableness of the monitor’s review, including, where appropriate, issues relating to the cost of the monitor’s work. In certain cases, prosecutors may determine that the initial term of the monitorship is longer than necessary to address the concerns that created the need for the monitor, or that the scope of the monitorship is broader than necessary to accomplish the goals of the monitorship. For example, a company may demonstrate significant and faster-than-anticipated improvements to its compliance program, and this could reduce the need for continued monitoring. Conversely, prosecutors may determine that newly identified concerns require lengthening the term or amending the scope of the monitorship.

13 In cases of court-appointed monitors, the court may elect to oversee this inquiry.

14 Any agreement requiring a monitor should also explain what role the USAO could play in resolving disputes that may arise between the monitor and the company, given the facts and circumstances of the case.

Policy Sets National U.S. Attorney Office Standard for Circumstances Under Which Companies May Receive Credit for Voluntarily Self-Disclosing Criminal Conduct, and Benefits of Self-Disclosure

            United States Attorney Jane E. Young announced that the U.S. Attorney’s Office for the District of New Hampshire has implemented the new United States Attorney’s Offices’ Voluntary Self-Disclosure Policy released earlier today. The policy, which is effective immediately, details the circumstances under which a company will be considered to have made a voluntary self-disclosure (VSD) of misconduct to a United States Attorney’s Office (USAO), and provides transparency and predictability to companies and the defense bar concerning the concrete benefits and potential outcomes in cases where companies voluntarily self-disclose misconduct, fully cooperate and timely and appropriately remediate.

            The goal of the policy is to standardize how VSDs are defined and credited by USAOs nationwide, and to incentivize companies to maintain effective compliance programs capable of identifying misconduct, to expeditiously and voluntarily disclose and remediate misconduct, and to cooperate fully with the government in corporate criminal investigations. The policy was developed pursuant to the Deputy Attorney General’s September 15, 2022 memorandum, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group” (Monaco Memo), which directed each Department of Justice (DOJ) component that prosecutes corporate crime to review its policies on corporate voluntary self-disclosure and, if there was no formal written policy to incentivize self-disclosure, draft and publicly share such a policy.

            Under the new VSD policy, a company is considered to have made a VSD if it becomes aware of misconduct by employees or agents before that misconduct is publicly reported or otherwise known to the DOJ, and discloses all relevant facts known to the company about the misconduct to a USAO in a timely fashion prior to an imminent threat of disclosure or government investigation. A company that voluntarily self-discloses as defined in the policy and fully meets the other requirements of the policy, by—in the absence of any aggravating factor—fully cooperating and timely and appropriately remediating the criminal conduct (including agreeing to pay all disgorgement, forfeiture, and restitution resulting from the misconduct), will receive significant benefits, including that the USAO will not seek a guilty plea; may choose not to impose any criminal penalty, and in any event will not impose a criminal penalty that is greater than 50% below the low end of the United States Sentencing Guidelines (USSG) fine range; and will not seek the imposition of an independent compliance monitor if the company demonstrates that it has implemented and tested an effective compliance program.

            The policy identifies three aggravating factors that may warrant a USAO seeking a guilty plea even if the other requirements of the VSD policy are met: (1) if the misconduct poses a grave threat to national security, public health, or the environment; (2) if the misconduct is deeply pervasive throughout the company; or (3) if the misconduct involved current executive management of the company. The presence of an aggravating factor does not necessarily mean that a guilty plea will be required; instead, the USAO will assess the relevant facts and circumstances to determine the appropriate resolution. If a guilty plea is ultimately required, the company will still receive the other benefits under the VSD policy, including that the USAO will recommend a criminal penalty of at least a 50% and up to a 75% reduction off the low end of the USSG fine range, and that the USAO will not require the appointment of a monitor if the company has implemented and tested an effective compliance program.

             In cases where a company is being jointly prosecuted by a USAO and another DOJ component, or where the misconduct reported by the company falls within the scope of conduct covered by VSD policies administered by other DOJ components, the USAO will coordinate with, or, if necessary, obtain approval from, the DOJ component responsible for the VSD policy specific to the reported misconduct when considering a potential resolution. Consistent with relevant provisions of the Justice Manual and as allowable under alternate VSD policies, the USAO may choose to apply any provision of an alternate VSD policy in addition to, or in place of, any provision of its policy.  

             The Attorney General’s Advisory Committee (AGAC), under the leadership of United States Attorney for the Southern District of New York, Damian Williams, requested that the White Collar Fraud Subcommittee of the AGAC, under the leadership of United States Attorney for the Eastern District of New York Breon Peace, develop policies in response to the Deputy AG’s memo. The policy announced today was prepared by a Corporate Criminal Enforcement Policy Working Group comprised of U.S. Attorneys from geographically diverse districts, including U.S. Attorney Peace, as well as U.S. Attorney for the Eastern District of Virginia Jessica Aber, U.S. Attorney for the District of Connecticut Vanessa Avery, U.S. Attorney for the District of Hawaii Clare Connors, U.S. Attorney for the Eastern District of North Carolina Michael F. Easley, Jr., U.S. Attorney for the Northern District of California Stephanie Hinds, U.S. Attorney for the Western District of Virginia Christopher Kavanaugh, and U.S. Attorney for the District of New Jersey Philip Sellinger. Assistant U.S. Attorney Amanda Riedel, White Collar Crimes Coordinator for the Executive Office for U.S. Attorneys, also participated in the development of the policy.

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            CONCORD, N.H. –United States Attorney Jane E. Young announces that Dylan Miles, 29, previously of Laconia, was sentenced to 60 months of imprisonment today following his sentencing for participating in a methamphetamine distribution conspiracy and for his unlawful possession of firearms. 

            According to court documents and statements made in court, the defendant and others were involved in a conspiracy to ship methamphetamine from Arizona to New Hampshire.  In May of 2019, Drug Enforcement Administration agents were alerted to suspicious parcels sent from co-defendants Heather Dubeau and Gary Sewell in Arizona to two different addresses in New Hampshire.  Investigators obtained a warrant to open the packages and found that one contained over 336 grams of methamphetamine and the other contained over 665 grams of methamphetamine. The methamphetamine was intended for further distribution.  Investigators learned that the package containing 665 grams of methamphetamine was intended for  Miles.  Law enforcement searched Miles’s home pursuant to a warrant and seized drug distribution paraphernalia and multiple firearms.  Miles was legally prohibited from possessing firearms by virtue of a prior felony conviction. 

            All of Miles’s co-defendants previously pleaded guilty. Andrew Hutchins pleaded guilty on May 5, 2022, and was sentenced on August 30, 2022 to time served and 3 years supervised release.  Sewell pleaded guilty on May 5, 2022, and was sentenced on February 7, 2023 to 72 months in prison.  Dubeau pleaded guilty on May 4, 2022, and was sentenced on February 16, 2023 to 40 months in prison.  Chad Rombow pleaded guilty on January 26, 2022 and was sentenced on February 21, 2023 to 72 months in prison.  Eli Margolis pleaded guilty on May 27, 2022, and is scheduled to be sentenced on April 6, 2023. 

            After completion of his prison sentence, Miles will be under four years of supervised release.

            After the sentencing, USA Young said “Mr. Miles was another conspirator in a scheme to obtain methamphetamine from Arizona for distribution into our communities.  In addition to his drug trafficking, he unlawfully possessed firearms as he was a convicted felon.  As evidenced from the sentences imposed in this investigation, such brazen criminal conduct will vigorously be prosecuted so that dangerous criminals like the defendant will be removed from our communities for significant periods of time.”

            “As methamphetamine seizures are on the rise, DEA stands committed to keeping this highly addictive drug out of New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle.  “Drugs and guns are a deadly combination. Today’s sentence not only holds Mr. Miles accountable for his crimes but serves as a warning to those who attempt to bring this poison to the Granite State. This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire.”

            This matter was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration.  The case was prosecuted by Assistant United States Attorney Anna Krasinski. 

 

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            CONCORD – Marc Pulsifer, 45, of Concord, was sentenced to 78 months in prison for the federal charge of transportation of child pornography, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, law enforcement officers learned that Google had detected potential child exploitation materials on Google Photos accounts with an IP address that resolved to Concord, New Hampshire, at various times in 2020.  Through their investigation, officers determined that Pulsifer had uploaded child sexual abuse images and child erotica images to Google Photos from his apartment in Concord.  On June 3, 2021, law enforcement executed a search warrant at the defendant’s apartment where they discovered child sexual abuse images actively displayed on various electronic media, including two large-screen televisions. Based on the forensic review of electronic media seized from the defendant’s residence, investigators confirmed that the defendant possessed thousands of child sexual abuse images and videos, which he organized in designated folders with descriptive names and stored across multiple devices. The defendant maintained multiple backup digital copies of his child sexual abuse images and child erotic collection, and he used cloud storage services to store and stream these images on his televisions and other electronic media.

            Pulsifer previously pleaded guilty on October 5, 2022.  In addition to the prison sentence, Pulsifer must spend five years on supervised release, pay $9,000 in restitution. 

            “Child sexual abuse image crimes exploit innocent children and cause immeasurable harm thus warranting significant federal prison time,” said U.S. Attorney Young.  “In order to protect children, we work closely with our law enforcement partners to identify and prosecute those who commit crimes involving child sexual abuse images in the Granite State.”

            This matter was investigated by the Concord Police Department, with assistance from U.S. Homeland Security Investigations.  The case was prosecuted by Assistant U.S. Attorney Cam Le.

            In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse.  Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

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            CONCORD – Amy Burley, 47, of Barnstead, pleaded guilty in federal court today to embezzling more than $130,000 from both the Barnstead and Hampton School Districts, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, Burley was employed as a bookkeeper for Barnstead School District and then Hampton School District.  In her role, Burley processed payroll and handled the payment of invoices.

            Burley used her access at Barnstead School District to alter her payroll information, make student loan payments and payments to personal creditors, and pay for an Amazon account charged to Barnstead but controlled by Burley, totaling $110,295.26.  Following her termination from Barnstead, Burley was hired as a bookkeeper at Hampton School District, where she used her position to use district funds to pay student loans and credit cards belonging to her or her family members, totaling $20,966.52. 

            Burley is scheduled to be sentenced on June 1, 2023.

            The case was investigated by the Federal Bureau of Investigation, the Department of Education Office of the Inspector General, and the Barnstead Police Department.  The case is being prosecuted by Assistant U.S. Attorney John J. Kennedy.

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            CONCORD, N.H. –United States Attorney Jane E. Young announced that Chad Rombow, 47, previously of Grafton, was sentenced to 72 months of imprisonment today following his sentencing for participating in a methamphetamine distribution conspiracy. 

            According to court documents and statements made in court, the defendant and others were involved in a conspiracy to ship methamphetamine from Arizona to New Hampshire.  In May of 2019, Drug Enforcement Administration agents were alerted to suspicious parcels sent from co-defendants Heather Dubeau and Gary Sewell in Arizona to two different addresses in New Hampshire.  Investigators obtained a warrant to open the packages and found that one contained over 336 grams of methamphetamine and the other contained over 665 grams of methamphetamine. The methamphetamine was intended for further distribution.  Investigators learned that the package containing 336 grams of methamphetamine was intended for the defendant, and that the defendant planned to further distribute the methamphetamine. 

            All of Rombow’s co-defendants previously pleaded guilty. Andrew Hutchins pleaded guilty on May 5, 2022, and was sentenced on August 30, 2022 to time served and 3 years supervised release.  Sewell pleaded guilty on May 5, 2022, and was sentenced on February 7, 2023 to 72 months in prison.  Dubeau pleaded guilty on May 4, 2022, and was sentenced on February 16, 2023 to 40 months in prison.  Eli Margolis pleaded guilty on May 27, 2022, and is scheduled to be sentenced on February 23, 2023.  Dylan Miles pleaded guilty on February 15, 2022, and is scheduled to be sentenced on February 24, 2023. 

            “The defendant was part of a conspiracy to ship methamphetamine from Arizona for distribution into our communities,” said U.S. Attorney Young.  “Such criminal conduct will not be tolerated and when caught, this office will seek significant periods of incarceration to punish the defendants and to deter others from polluting our communities with poison such as methamphetamine.”   

            “As we all know, drug trafficking in our communities, along with the gun and physical violence that often accompanies it, is a serious threat to our families and communities,” said DEA Special Agent in Charge Brian D. Boyle.  “These crimes rob the neighborhoods of safety and hold law abiding citizens of New Hampshire hostage to drug fueled lawlessness.  This is unacceptable and will not be allowed to happen.  DEA and its local, state and federal partners are dedicated to bringing to justice those that commit these crimes.”

            This matter was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration.  The case was prosecuted by Assistant United States Attorney Anna Krasinski. 

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            CONCORD – Heath Gauthier, 46, of Rochester, New Hampshire, was indicted by a federal grand jury on Wednesday and charged with multiple counts of wire fraud, attempted wire fraud, and aggravated identity theft, United States Attorney Jane E. Young announced today.

            Gauthier was arrested this morning and has been temporally detained pending trial.

            The indictment alleges that, between February 2020 and March 2021, Gauthier fraudulently applied for more than a dozen loans under the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) programs.  Congress had authorized the PPP and EIDL relief programs to help the millions of Americans and many small businesses adversely affected by the early stages of the COVID pandemic.  PPP loans were issued by private lenders but fully guaranteed by the government, and EIDL funds were issued by the Small Business Administration.

            According to the indictment, Gauthier applied for loans for non-existent companies and used the identities of deceased individuals in his applications, listing them in some applications as owners or employees of the fictitious companies.  He also submitted false documents, including fabricated tax documents and counterfeit driver’s licenses, in support of the applications.  In total the indictment alleges that Gauthier applied for more than $1 million in CARES Act loan funds.

            The charges in the indictment are only allegations.  The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

            The case was investigated by IRS Criminal Investigations, the Federal Bureau of Investigations and the Treasury Inspector General for Tax Administration.  It is being prosecuted by Assistant U.S. Attorney Matthew T. Hunter.

            On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

            Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

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            CONCORD – Ryan Woods, 33, of Concord, New Hampshire, pleaded guilty in federal court to theft of a firearm from a federal firearm licensee, United States Attorney Jane E. Young announced today.

             According to court documents and statements made in court, Woods entered a federal firearms licensee in New Hampshire and stole a firearm and a firearm safe.  He is scheduled to be sentenced on June 6, 2023.

             This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives.  The case is being prosecuted by Assistant U.S. Attorney Heather A. Cherniske.

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            CONCORD, N.H. –United States Attorney Jane E. Young announced that Heather Dubeau, 38, previously of Lebanon, was sentenced to 40 months of imprisonment today following her conviction for participating in a methamphetamine distribution conspiracy. 

            According to court documents and statements made in court, the defendants were involved in a conspiracy to ship methamphetamine from Arizona to New Hampshire.  In May of 2019, Drug Enforcement Administration (“DEA”) agents were alerted to suspicious parcels sent from Dubeau and co-defendant Gary Sewell in Arizona to two different addresses in New Hampshire.  Investigators obtained a warrant to open the packages and found that one contained over 336 grams of methamphetamine and the other contained over 665 grams of methamphetamine. The methamphetamine was intended for further distribution. 

            All of Dubeau’s co-defendants previously pleaded guilty. Andrew Hutchins pleaded guilty on May 5, 2022, and was sentenced on August 30, 2022.  Sewell pleaded guilty on May 5, 2022, and was sentenced on February 7, 2023 to 72 months of imprisonment.  Eli Margolis pleaded guilty on May 27, 2022, and is scheduled to be sentenced on February 16, 2023.  Chad Rombow pleaded guilty on January 26, 2022, and is scheduled to be sentenced on February 21, 2023. Dylan Miles pleaded guilty on February 15, 2022, and is scheduled to be sentenced on February 24, 2023. 

            “This investigation demonstrates the efforts we will take to address the public safety issues presented by the distribution of methamphetamine into our communities,” said U.S. Attorney Young.  “We will continue to collaborate with our law enforcement partners to vigorously investigate and prosecute those who traffic methamphetamine into New Hampshire.” 

            “As methamphetamine seizures are on the rise, DEA stands committed to keeping this highly addictive drug out of New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Ms. Dubeau accountable for her crimes but serves as a warning to those who attempt to bring this poison to the Granite State. This investigation demonstrates the strength of collaborative law enforcement efforts and our strong partnership with the U.S. Attorney’s Office.”

            This matter was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration.  The case was prosecuted by Assistant United States Attorney Anna Krasinski. 

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            CONCORD – On February 14, 2023, the Justice Department announced 49 awards to states, territories and the District of Columbia as part of the Byrne State Crisis Intervention Program. This investment of over $231 million will fund state crisis intervention court proceedings, including but not limited to, extreme risk protection order (ERPO) programs that work to keep guns out of the hands of those who pose a threat to themselves or others.

            The New Hampshire Department of Justice Office of the Attorney General was awarded $1,306,219.00. This investment in community safety is authorized by the Bipartisan Safer Communities Act of 2022, historic legislation to address and reduce gun violence.

            “These funds will be instrumental in combating violent crime and keeping guns out of the hands of those who pose the greatest threat to the ever-increasing fragile safety of our communities,” said United States Attorney Jane E. Young.

            The award, administered by the Department’s Office of Justice Program’s Bureau of Justice Assistance (BJA), provides funding for the creation and implementation of extreme risk protection order programs, state crisis intervention court proceedings, and related gun violence reduction initiatives.  Extreme risk protection order programs empower family members, health care providers, school officials and law enforcement officers to petition a court to temporarily prevent a person from accessing firearms if they are found to be a danger to themselves or others.  Funds can also support interventions like drug, mental health and veterans’ treatment courts, gun violence recovery courts, behavior health deflection and outpatient treatment centers.

            Signed into law by President Biden in June 2022, the Bipartisan Safer Communities Act is the most significant piece of federal gun safety legislation in almost three decades and comes as a response to recent mass shootings and to the far more common, but no less tragic, incidents of community gun violence.

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             CONCORD – Julius Clemente, 25, of Brockton, Massachusetts, pleaded guilty in federal court to conspiracy to commit firearms trafficking, United States Attorney Jane E. Young announced today.

             According to court documents and statements made in court, Clemente and another individual agreed to purchase firearms from federal firearms licensees in New Hampshire and sell them to persons who lived outside of New Hampshire or were otherwise ineligible to purchase firearms.  Clemente and the other person texted to coordinate the purchase of particular firearms and discuss estimated profits, pricing for resale, and method of payment.  Over 20 firearms were purchased over the course of the conspiracy in New Hampshire, and some of the firearms were later recovered by law enforcement in Massachusetts.  Clemente also solicited a third individual to purchase additional firearms on his behalf to work off a drug debt.

            Clemente is scheduled to be sentenced on May 18, 2023. 

             This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives.  The case is being prosecuted by Assistant U.S. Attorneys Alexander S. Chen and Seth R. Aframe.

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             CONCORD, N.H. –United States Attorney Jane E. Young announced that Gary Sewell, 41, previously of Enfield, was sentenced to 72 months in prison for participating in a methamphetamine distribution conspiracy. 

             According to court documents and statements made in court, the defendants were involved in a conspiracy to ship methamphetamine from Arizona to New Hampshire.  In May of 2019, Drug Enforcement Administration agents were alerted to suspicious parcels sent from Sewell and co-defendant Heather Dubeau in Arizona to two different addresses in New Hampshire.  Investigators obtained a warrant to open the packages and found that one contained over 336 grams of methamphetamine and the other contained over 665 grams of methamphetamine. The methamphetamine was intended for further distribution. 

            All of Sewell’s co-defendants previously pleaded guilty. Andrew Hutchins pleaded guilty on May 5, 2022, and was sentenced on August 30, 2022.  Dubeau pleaded guilty on May 4, 2022, and is scheduled to be sentenced on February 16, 2023.  Eli Margolis pleaded guilty on May 27, 2022, and is scheduled to be sentenced on February 16, 2023.  Chad Rombow pleaded guilty on January 26, 2022, and is scheduled to be sentenced on February 21, 2023. Dylan Miles pleaded guilty on February 15, 2022, and is scheduled to be sentenced on February 27, 2023. 

            “The distribution of methamphetamine is a major concern in the Granite State,” said U.S. Attorney Young.  “We will be aggressive in our efforts to address the public safety issues presented by this dangerous drug.” 

            U.S. Attorney Jane Young stated after the conviction:  “The defendant actively engaged in a conspiracy to ship methamphetamine from Arizona to New Hampshire, such conduct will be vigorously investigated and prosecuted.”

            This matter was investigated by the United States Postal Inspection Service and the Drug Enforcement Administration.  The case was prosecuted by Assistant United States Attorney Anna Krasinski. 

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             CONCORD –Robert Perez, Jr., 33, of Perris, California pleaded guilty in federal court to conspiring to distribute methamphetamine in California and New Hampshire, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, beginning in late-2020 or early 2021, Perez conspired with individuals in California and New Hampshire to ship a total of approximately 30 pounds of methamphetamine through the U.S. Postal Service from California to several individuals in New Hampshire for distribution. In August 2022, United States Drug Enforcement agents from New Hampshire travelled to Riverside, California, and arrested Perez, Jr. Thereafter, Perez, Jr. appeared before a federal magistrate judge in the Central District of California and was ordered detained pending his transfer to New Hampshire.

            Perez, Jr. is scheduled to be sentenced on May 24, 2023.

            This matter was investigated by the United States Drug Enforcement Administration, the United States Postal Inspection Service, the New Hampshire State Police, and the Nashua, New Hampshire Police Department.  The case is being prosecuted by Assistant U.S. Attorney Jennifer C. Davis.

            This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.

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                CONCORD – Robert Gramolini, 64, of Malden, Massachusetts, was sentenced to 24 months in federal prison for possession of stolen goods, United States Attorney Jane E. Young announced today.

             According to court documents and statements made in court, Gramolini was seen on video driving a gray Dodge pickup stealing a black enclosed trailer from a business in Hampton, New Hampshire.  Law enforcement located the stolen trailer at a storage lot in Brentwood.  The owner of the storage lot confirmed Gramolini rented space on his lot to store trailers and other items and gave the officers permission to inspect the lot.  Police uncovered other stolen items in his possession, including additional trailers and motorcycles.  Gramolini then arrived at his storage lot driving the same gray Dodge pickup seen earlier in security footage.  After being questioned, Gramolini admitted to taking the trailer from the Hampton business and that he took another trailer “off the side of the road” in Massachusetts that contained approximately $64,000 in heavy equipment.  In total, the value of the stolen property exceeded $150,000.

            “The defendant traveled across state lines to steal tens of thousands of dollars of property from others,” said U.S. Attorney Young.  “Through the hard work of our local and federal law enforcement officers we stopped this defendant’s criminal activities and held him accountable for his actions.”

             This matter was investigated by the Federal Bureau of Investigation, the Hampton Police Department, and the Brentwood Police Department.  The case was prosecuted by Assistant U.S. Attorneys Matthew T. Hunter and Alexander S. Chen.

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            CONCORD – Pierre Rogers, 44, of Irvine, California, was sentenced to 41 months in federal prison for conspiracy to commit wire fraud and bank fraud, United States Attorney Jane E. Young, William A. Kalb, Special Agent in Charge, Treasury Inspector General for Tax Administration, Northeast Field Division, and Timothy R. Benitez, Resident Agent in Charge, U.S. Secret Service, announced today.

            According to court documents and statements made in court, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act to help businesses and individuals adversely affected by the COVID pandemic.  The CARES Act created the Paycheck Protection Program (PPP), which offered low-interest loans to employers.  Private lenders could participate in the PPP program.  The loans, which were supposed to be used for payroll, were fully guaranteed by the government.  If borrowers used the PPP loans for payroll and other approved expenses as intended, they could apply for loan forgiveness.  The CARES Act also opened up the Small Business Administration’s (SBA) Economic Injury Disaster Loan (EIDL) program.  As with PPP loans, EIDL loans were to be used for payroll and other business expenses such as rent and mortgage.

             Rogers and his co-defendant, Joshua Leavitt, applied for dozens of PPP and EIDL loans for several companies they owned, including Puro Trader (doing business as Yahyn) and Sunju.  The applications inflated the companies’ revenues and number of employees, and provided false supporting documents, including tax filings purportedly filed with the IRS.  In total, the defendant participated in 22 fraudulent loan applications and modification requests totaling over $4.8 million. Rogers obtained $803,756 in CARES Act funds.

            The defendant also misused a significant portion of the CARES Act funds.  For example, he spent $107,780 to purchase a 2011 Rolls Royce Ghost and approximately another $56,000 to purchase a Porsche.  He also spent CARES Act funds on clothing and jewelry from luxury retailers such as Bottega Veneta, Cartier, and Bulgari; on resort stays; and on high-end meals such as sushi and steak.

             “The CARES Act was passed during a particularly vulnerable moment in our history to help everyday Americans who were struggling to put food on the table.  The defendant took advantage of the COVID crisis by spending fraudulently obtained taxpayer-backed funds on luxury items, while those who were truly entitled to the funds struggled to keep their businesses open and their employees paid.” said U.S. Attorney Young.  “Working together with our law enforcement partners, we will vigilantly work to prosecute those who defraud pandemic relief programs.”

            “The U.S. Secret Service is committed to investigating those individuals that took advantage of COVID-19 relief programs to ensure they are held accountable for the fraudulent activity,” stated Timothy Benitez, Resident Agent in Charge of the U.S. Secret Service. “This outcome is a direct result of the coordination between federal partners at TIGTA, USPIS and the U.S. Attorney’s Office.”

             Leavitt previously pled guilty and is scheduled to be sentenced on March 6, 2023.

             The case was investigated by the Treasury Inspector General for Tax Administration and Secret Service, with assistance from the U.S. Postal Inspection Service.  The case is being prosecuted by Assistant U.S. Attorney Alexander S. Chen.

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CONCORD – Corey Buckley, 42, formerly of Plaistow, New Hampshire, pleaded guilty in federal court to charges of possession with intent to distribute cocaine, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, law enforcement officers investigated leads into the defendant’s alleged drug trafficking and ultimately obtained a federal search warrant for his Plaistow residence.  During the May 2022 search, investigators found approximately 1.1 kilograms of a substance that as later confirmed to be cocaine in the kitchen of the residence.  Other indicia of drug trafficking, including a ledger, a scale, approximately $50,000 and two firearms was also located.  Buckley has been detained since his arrest following the execution of the search. 

            Buckley is scheduled to be sentenced on May 18, 2023.

            This matter was investigated by the Drug Enforcement Administration with assistance from the Massachusetts State Police and the Haverhill Police Department.  The case is being prosecuted by Assistant United States Attorney Charles L. Rombeau, with assistance from Assistant United States Attorney Robert Rabuck on the forfeiture portion of the case.

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            CONCORD – David Wiley, 53, of Georgia, pleaded guilty in federal court to access device fraud, United States Attorney Jane E. Young announced today.

             According to court documents and statements made in court, on February 16, 2022, Wiley participated in a recorded phone call with an individual cooperating with law enforcement.  During the call, Wiley offered to sell stolen data, including victims’ names, credit card numbers, card expiration dates, and card verification value (CVV) codes.  Wiley also discussed pricing and the best way to transfer the stolen data.  Over the next few weeks, Wiley and the individual cooperating with law enforcement exchanged text messages discussing the transfer of an initial set of sample data.

            On March 8, 2022, Wiley uploaded a password-protected spreadsheet containing the names, addresses, email addresses, credit card numbers, card expiration dates, CVV codes, and phone numbers of 200 victims to a secure File Transfer Protocol (FTP) website.  Wiley then emailed the password to the individual cooperating with law enforcement to access the spreadsheet.

            Wiley is scheduled to be sentenced on May 9, 2023. 

            The case was investigated by the Federal Bureau of Investigation.  The case is being prosecuted by Assistant United States Attorneys Alexander S. Chen and Matthew T. Hunter.

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            CONCORD – Michael Rosa, 62, of Salem, pleaded guilty in federal court to wire fraud, First Assistant United States Attorney Jay McCormack announced today.

            According to court documents and statements made in court, Rosa defrauded New Hampshire Employment Security (NHES), which administers the unemployment insurance program in New Hampshire. 

            In March 2020, Congress passed legislation providing additional unemployment benefits to individuals who lost their jobs because of the economic upheaval caused by the coronavirus pandemic.  At the time, Rosa controlled several companies located in Plaistow, including Enviromart and KSC Industrial.  In late March 2020, Rosa and his co-defendant, George Adyns, directed company employees to file for unemployment benefits with NHES while continuing to work.  This caused the unemployment system to effectively pay the employees’ salaries.  As a result, NHES paid out almost $50,000 in fraudulently obtained unemployment benefits.

            Rosa is scheduled to be sentenced on May 10, 2023. 

            Adyns previously pled guilty on May 25, 2022 and is scheduled to be sentenced on February 15, 2023.

            The case was investigated by the U.S. Defense Criminal Investigative Service, the U.S. Labor Department’s Office of the Inspector General, New Hampshire Employment Security and the New Hampshire Attorney General’s Office with assistance from the U.S. Naval Criminal Investigative Service.   The case is being prosecuted by Assistant United States Attorneys Matthew T. Hunter and Alexander S. Chen.

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            CONCORD – Justin Smith, 34, of Rochester was sentenced today to 70 months in federal prison for one count of distributing 40 grams and more of fentanyl, United States Attorney Jane E. Young announced.

            According to court documents and statements made in court, on August 27, 2019, at the direction of Federal Bureau of Investigation (FBI) agents, a cooperating individual (CI) met with the defendant, Justin Smith, to purchase 200 grams of fentanyl.  Smith explained that he had just sold off some of his supply and only had 100 grams available, which he agreed to sell to the CI the following day.

            On August 28, 2019, at the direction of the FBI, the CI drove to Smith’s apartment wearing a recording device.  After approximately 20 minutes, surveillance units observed Smith leave his apartment and enter the CI’s car with a second individual.  Once inside the car, Smith produced the fentanyl from a pocket and completed the deal.  The CI noticed that Smith had a firearm in another pocket.  Smith explained that he had just obtained the gun prior to the deal.  Smith handed the firearm to the second individual who unloaded it prior to handing it to the CI.  After handling the gun briefly to examine it, the CI handed the gun back to Smith.  The defendant and the other individual then left the car.  After they departed, the CI provided the drugs to a control agent.  Laboratory analysis later confirmed the drugs to be 100.8 grams of fentanyl.

            “This office will prosecute criminals who carry guns and deal drugs to the fullest extent of the law,” said U.S. Attorney Young. “This defendant sold over 100 grams of fentanyl.  Thanks to the efforts of the FBI, we were able to bring the defendant to justice.”

            “Criminals like Justin Smith have no business possessing deadly firearms for any reason, let alone to facilitate trafficking deadly fentanyl,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Today’s sentence is another example of the FBI’s commitment to working with our law enforcement partners to take back our communities from violent drug traffickers and make our streets safer.”

             This matter was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant U.S. Attorney Aaron Gingrande.                

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            CONCORD –Tyler Townsend, 28, of Dover was sentenced to 11 years in federal prison today for one count of sex trafficking of a minor, United States Attorney Jane E. Young announced today.

            According to court documents and statements made in court, in 2017 Townsend posted online advertisements offering a minor female for commercial sex acts on a now-defunct website.  The online account used to post the advertisements was linked to Townsend through email and phone records.  Townsend often dealt directly with prospective individuals who responded to the advertisements, negotiating terms and discussing prices.  He also frequently accompanied the minor female and collected the money that was paid by the individuals in exchange for sex with the minor female.

            “Preying on our community’s most vulnerable members—our children—is a horrific crime that we will not tolerate,” said U.S. Attorney Young.  “Our office will devote every available resource to stopping the sexual exploitation of children and pursuing justice on behalf of victims.” 

            “Townsend trafficked a minor, turning a profit on the exploitation of a young life. He orchestrated meetings with strangers for commercial sex, placing her in incredibly dangerous situations for his own monetary enrichment without concern for her welfare,” said Matthew Millhollin, Special Agent in Charge Homeland Security Investigations in New England. “HSI continues in our commitment to pursue human traffickers and to connect survivors with the services they deserve. This outcome could not be achieved without the New Hampshire Human Trafficking Task Force and partnerships of the New Hampshire Division of Child, Youth and Family Services and the Manchester Police Department.”

            The case was investigated by Homeland Security Investigations in collaboration with the New Hampshire Human Trafficking Collaborative Task Force, the New Hampshire Internet Crimes Against Children Task Force, the Manchester Police Department and the Dover Police Department.  It was prosecuted by Assistant U.S. Attorneys Kasey Weiland and Anna Dronzek.

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