District of Rhode Island
Press releases recorded for this federal judicial district.
Former Used Car Dealer Sentenced to Federal Prison for Leadership Role in $2.4 Million Fraud SchemeRead the Press Release
PROVIDENCE, R.I. – A former Massachusetts used car dealer who led a wide-ranging conspiracy to defraud financial institutions in several states, including Rhode Island, out of more than $2.8 million dollars has been sentenced to five years in federal prison, announced United States Attorney Zachary A. Cunha.
Rolando E. Estrella, 35, of Dracut, MA., the former owner of a used car dealership in Lawrence, MA, previously admitted to a federal judge in Providence that he recruited, employed, and directed others to file fraudulent used car loan applications using stolen personal identifying information and fraudulent documents, including falsified car. Once the loans were issued by financial institutions, the proceeds were deposited into bank accounts controlled by members of the conspiracy and the proceeds were then quickly withdrawn in cash.
According to information presented to the court, Estrella and his co-defendants intended to defraud financial institutions of more than $2.8 million.
Estrella pleaded guilty on October 1, 2022, to conspiracy to commit bank fraud, seven counts of bank fraud, and one count of fraudulent use of a Social Security number. He was sentenced today in sixty months in federal prison to be followed by three years of federal supervised release. Estrella was ordered to pay restitution to financial institutions totaling more than $2.8 million.
The case was prosecuted by Assistant U.S. Attorney G. Michael Seaman.
The investigation into this fraud ring which operated throughout the northeast was conducted by the Social Security Office of Inspector General and the United States Secret Service.
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U.S. Attorney’s Offices in Rhode Island and Southern District of Texas Resolve Violation of False Claims Act Recovering More Than $465,000Read the Press Release
PROVIDENCE – The United States Attorney’s Offices for the District of Rhode Island and the Southern District of Texas have resolved a civil investigation into RPS Group, Inc, a global professional services firm, that will result in a recovery of over $465,000, announced United States Attorneys Zachary A. Cunha and Alamdar S. Hamdani.
The investigation focused on allegations that between June 2011 and July 2020, in order to maximize revenue and avoid hitting budgetary ceilings, RPS Group, Inc., which held several contracts with the federal government, unlawfully engaged in a practice of moving recorded labor hours between government projects with different funding sources; that RPS submitted invoices for work that was not performed on government contracts; and that RPS falsely inflated employee billing rates. The government alleges that these practices occurred across numerous government contracts and resulted in the submission of false invoices to multiple government agencies.
The government alleges that this conduct, brought to the government’s attention both through a corporate disclosure by RPS and through complaints raised by four former employees, violated the False Claims Act. As part of a civil settlement, RPS Group, Inc., will pay the U.S. Government $465,293.
At the time of the conduct alleged in this matter, RPS Group’s headquarters in the United States were located in Houston, Texas, with a subsidiary in North Kingstown, Rhode Island. The company has since been acquired by another firm.
Assistant U.S. Attorneys Bethany Wong of the District of Rhode Island and Jill Venezia of the Southern District of Texas litigated this matter.
The case was investigated by the Department of Commerce, Office of Inspector General; Army Criminal Investigation Division; Coast Guard Investigative Service; General Services Administration Office of Inspector General; National Aeronautics and Space Administration Office of Inspector General; Department of Defense Criminal Investigative Service; Environmental Protection Agency Office of Inspector General; Department of Interior Office of Inspector General; and Naval Criminal Investigative Service.
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Unsealed Indictment Charges Connecticut Man with Trafficking Guns and Fentanyl in Rhode Island and ConnecticutRead the Press Release
PROVIDENCE, RI – A Windsor, CT, resident was arrested and ordered detained on September 26, 2023, after an indictment issued by a federal grand jury in Rhode Island charged him with engaging in the business of dealing in firearms without a license and conspiracy to distribute 40 grams or more of fentanyl, announced United States Attorney Zachary A. Cunha.
According to information presented to the court, it is alleged that, between late February through May 2023, Daniel Alexander Smith, 19, sold seven firearms and ninety grams of fentanyl while under surveillance by members of the Rhode Island FBI Safe Streets Task Force.
Four of the alleged transactions occurred in RI, and included the sale of an AK-47; a Glock 26; a High Standard revolver; a Taurus 9mm handgun; two .22 caliber pistols; and approximately 40 grams of fentanyl. The fifth and final transaction allegedly occurred in the District of Connecticut, when Smith allegedly sold a Glock 19x pistol, a High Standard shotgun, and approximately 51g of fentanyl.
In each instance, the firearms and fentanyl allegedly sold by Smith were quickly seized by members of the Safe Streets Task Force.
Following Smith’s arrest, a court-authorized search warrant was executed on his vehicle, resulting in the seizure of a loaded automatic Glock 22 firearm with a sear switch attached, and a 22-round magazine.
Smith was ordered detained following his arraignment in U.S. District Court in Providence. A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney Julie M. White.
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. In May 2021, the Justice 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.
This matter is being investigated by the FBI Rhode Island Safe Streets Task Force and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The FBI Rhode Island Safe Streets Task Force consists of agents and officers from the FBI, United States Marshals Service, Central Falls Police Department, Cranston Police Department, Pawtucket Police Department, Providence Police Department, West Warwick Police Department, Woonsocket Police Department, and Rhode Island State Police .
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Rhode Island Man Charged with Violating the Migratory Bird Treaty ActRead the Press Release
PROVIDENCE, RI – A Rhode Island man has been charged by way of a federal criminal information with violating the Migratory Bird Treaty Act, having allegedly shot at, injured, and /or killed Red-Tailed and Cooper hawks in and around his property in an effort to protect squirrels, announced United States Attorney Zachary A. Cunha.
It is alleged in charging documents that, between October 1, 2018, and April 18, 2021, Robert J. Ferreira, 64, of Portsmouth, repeatedly used a pump-action pellet air gun to shoot at hawks in his back yard. Ferreira is alleged to have told a U.S. Fish and Wildlife Service agent that he estimates that he shot at approximately 50-80 hawks, which he believed were a threat to squirrels that visited squirrel feeders on his property.
According to court documents, on various dates neighbors reported hearing popping sounds from the area of Ferreira’s property that were consistent with the firing of a weapon, and found approximately eight injured and deceased hawks on or near Ferreira’s property.
The Migratory Bird Treaty Act (MBTA) protects certain migratory birds, including the Red-Tailed hawk and Cooper hawk, and forbids hunting, capturing, or killing these birds unless authorized by permit.
Ferreira is charged by way of a federal criminal information with four counts of hunting, taking, killing, or attempting to kill migratory birds, a violation of the Migratory Bird Treaty Act. He is scheduled to appear for his arraignment on the information before a magistrate judge on October 12, 2023.
Hunting, taking, or killing, or attempting to kill migratory birds is a misdemeanor, punishable by up to 6 months of imprisonment and fine of up to $15,000. A federal criminal information is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney Denise M. Barton.
The matter was investigated by U.S. Fish and Wildlife Service, Office of Law Enforcement.
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Project Safe Neighborhoods Investigation Nets More Than Five Kilos of Fentanyl Pills and Powder, Along with Commercial Pill PressesRead the Press Release
PROVIDENCE – Two Rhode Island men were arrested for drug trafficking and more than seven kilos of fentanyl pills and powder, and two commercial pill presses have been seized as the result of an ongoing Project Safe Neighborhoods Investigation into the trafficking of fentanyl pills, announced United States Attorney Zachary A. Cunha.
Jorge Pimentel, 33, of Cranston, and Matthew Jones, 29, of North Smithfield, have been charged by way of federal criminal complaints with conspiracy to distribute and conspiracy to possess with intent to distribute 400 grams or more of fentanyl; distribution of 400 grams or more of fentanyl; and possession with intent to distribute 400 grams or more of fentanyl. A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
It is alleged in charging documents that, as a result of an ongoing FBI Rhode Island Safe Streets Task Force investigation, on multiple occasions Pimentel arranged for the sale and delivery of thousands of fentanyl pills, some of which were delivered by Jones. In each instance, the pills were quickly seized by members of the task force.
In addition to the seizure of tens of thousands of fentanyl pills during the investigation, on September 28,2023, members of the Safe Street Task Force executed a court-authorized search of a storage unit in Pawtucket and seized approximately 5.7 kilos of fentanyl; 50 kilos of binding agents used in the production of fentanyl pills; two commercial pill presses; and a kilo press. Altogether, over seventy-five thousand fentanyl pills and over two kilograms of powder fentanyl have been seized in connection with this investigation.
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. In May 2021, the Justice 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.
This case is being prosecuted by Assistant United States Attorneys Stacey A. Erickson and Milind M. Shah.
The matter is being investigated by the FBI Rhode Island Safe Streets Task Force consisting of agents and officers from the FBI, United States Marshals Service, Central Falls Police Department, Cranston Police Department, Pawtucket Police Department, Providence Police Department, West Warwick Police Department, Woonsocket Police Department, and Rhode Island State Police.
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N.Y. Man Traveling from the Dominican Republic Arrested at T.F. Green International Airport After More Than Thirteen Kilos of Cocaine is Seized from a Carry-on BagRead the Press Release
PROVIDENCE, RI – A New York man has been ordered detained in Rhode Island on federal drug trafficking charges after Customs and Border Protection (CBP) agents at T.F. Green International Airport located more than thirteen kilograms of cocaine inside a carry-on bag alleged to have been in the man’s possession when he disembarked in a wheelchair from a direct flight from the Dominican Republic on September 28, 2023, announced United States Attorney Zachary A. Cunha.
It is alleged in charging documents, Richard Pineda Novas, 46, of Bronx, N.Y., was among passengers on a flight from Santo Domingo. After initial screening upon his arrival in Rhode Island, Pineda was referred for secondary inspection.
According to the charging documents, a carry-on bag located near Pineda after his arrival at T.F. Green International Airport was found to contain twelve rectangular brick-like packages wrapped in plastic and tape, consistent with the manner in which cocaine is packaged. One of the packages was more closely inspected by CBP agents and was alleged to have been found to contain cocaine. The total weight of the twelve packages was approximately 13.28 kilograms. Also located inside the bag was a bible that contained a paycheck from a New Jersey company in Pineda’s name and a voided check/direct deposit slip from a New York bank that listed Pineda as the payee.
It is alleged that Pineda initially denied that the carry-on bag belonged to him; he later claimed to CBP agents that he had been given the bag by someone whose name he did not know and that he did not know who was going to pick up the package in the United States.
Pineda is charged by way of a federal criminal complaint with a charge of conspiracy to distribute and conspiracy to possess with intent to distribute a controlled substance; as well as a charge of distribution of, and possession with intent to distribute, a controlled substance. A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney Denise M. Barton.
The matter is being investigated by Homeland Security Investigations and Customs and Border Protection, Port of Providence.
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Justice Department Secures $9 Million Agreement with Washington Trust Company to Resolve Redlining Claims in Rhode IslandRead the Press Release
PROVIDENCE, RI – The United States Attorney’s Office for the District of Rhode Island and the Justice Department’s Civil Rights Division announced today that Washington Trust Company (Washington Trust), the oldest community bank in the nation, has agreed to pay $9 million to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining majority-Black and Hispanic neighborhoods in Rhode Island.
Redlining is an illegal practice in which lenders avoid providing credit services to individuals living in communities of color because of the race, color, or national origin of residents in those communities.
“Everyone who pursues the American dream has the right to expect to be treated equally and with dignity, regardless of their race, their background, or zip code. When communities are denied access to fair lending, families are denied the opportunity to build stability and financial success,” said U.S. Attorney Zachary A. Cunha. “I am pleased that, as a result of the hard work of attorneys in my office and the Department’s Civil Rights Division, Washington Trust has agreed to take targeted and extensive measures to make meaningful lending services available for all Rhode Islanders, regardless of race or background.”
“This settlement should send a strong message to banks regarding the Justice Department’s firm commitment to combat modern-day redlining and ensure that all lenders are providing equal access to home loan opportunities to communities of color,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This resolution will provide critical relief to impacted Black and Hispanic communities, enabling them to buy a home, keep their home or access the equity in their home. Ending redlining and providing relief to communities of color impacted by this unlawful practice is a necessary step in ongoing efforts to reduce racial wealth and homeownership gaps across our country.”
The complaint alleges, from 2016 through at least 2021, Washington Trust failed to provide mortgage lending services to majority-Black and Hispanic neighborhoods in Rhode Island. The complaint alleges that despite expansion across the state of Rhode Island, Washington Trust has never opened a branch in a majority-Black and Hispanic neighborhood. The complaint alleges that Washington Trust relied on mortgage loan officers working out of only majority-white areas as the primary source for generating loan applications, and Washington Trust failed to train or incentivize its lending staff or conduct outreach, marketing, and advertising of its mortgage services to compensate for its lack of branches and presence in majority-Black and Hispanic areas. The complaint further alleges that, compared to Washington Trust, over the same six-year period, other banks received nearly four times as many loan applications each year in majority-Black and Hispanic neighborhoods in Rhode Island. The complaint also alleges that, even when Washington Trust generated loan applications from majority-Black and Hispanic areas, the applicants themselves were disproportionately white.
Under the proposed consent order, which is subject to court approval, Washington Trust has agreed to do the following:
- Invest at least $7 million in a loan subsidy fund to increase access to home mortgage, home improvement, home refinance and home equity loans and lines of credit for residents of majority-Black and Hispanic neighborhoods in Rhode Island;
- Spend $1 million on community partnerships to provide services that increase residential mortgage credit access for residents of those neighborhoods;
- Spend $1 million for advertising, outreach, consumer financial education and credit counseling focused on majority-Black and Hispanic neighborhoods;
- Open two new branches in majority-Black and Hispanic neighborhoods in Rhode Island; and ensure at least two mortgage loan officers are dedicated to serving these neighborhoods; and
- Employ a Director of Community Lending who will oversee the continued development of lending in communities of color.
Washington Trust also agreed to complete a community credit needs assessment, to assess and report on its fair lending program; and to train staff on the bank’s obligations under the consent order. Washington Trust worked cooperatively with the department to resolve and remedy the redlining concerns that were identified and agreed to settle this matter without contested litigation.
In October 2021, Attorney General Merrick B. Garland and Assistant Attorney General Kristen Clarke launched the Justice Department’s Combating Redlining Initiative, a coordinated enforcement effort to address this persistent form of discrimination against communities of color. Since 2021, the department has announced nine redlining cases and secured $98 million in relief for communities of color that have been the victims of lending discrimination across the country.
A copy of the complaint and information about the department’s fair lending enforcement can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291 or submitting a report online.
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complaint_exhibits_and_consent_order.pdf united_states_attorney_cunha_prepared_remarks_9-27-2023.docx washington_trust_branch_locations.pdfEl Departamento de Justicia Logra un Acuerdo de $9 Millones con la Compañía Washington Trust para Resolver Reclamos de Prácticas Discriminatorias en Rhode IslandRead the Press Release
PROVIDENCE, RI – La Oficina del Fiscal Federal para el Distrito de Rhode Island y la División de Derechos Civiles del Departamento de Justicia anunciaron hoy que la Compañía Washington Trust (Washington Trust), el banco comunitario más antiguo del país, acordó pagar $9 millones para resolver las alegaciones de que participó en un patrón o práctica de exclusión financiera (“redlining” en inglés) al marcar vecindarios de mayoría hispana y raza negra en Rhode Island.
“Redlining” es una práctica ilegal en la que los prestamistas evitan brindar servicios de crédito a personas que viven en comunidades de color debido a la raza, el color de piel o el origen nacional de los residentes de esas comunidades.
“Todos los que persiguen el sueño americano tienen derecho a esperar ser tratados con igualdad y dignidad, independientemente de su raza, origen o código postal. Cuando a las comunidades se les niega el acceso a préstamos justos, a las familias se les niega la oportunidad de generar estabilidad y éxito financiero”, dijo el fiscal federal Zachary A. Cunha. “Me complace que, como resultado del arduo trabajo de los abogados de mi oficina y de la División de Derechos Civiles del Departamento, Washington Trust haya acordado tomar medidas específicas y amplias para que servicios de préstamos significativos estén disponibles para todos los habitantes de Rhode Island, independientemente de su raza u origen”.
“Este acuerdo debería enviar un mensaje contundente a los bancos sobre el firme compromiso del Departamento de Justicia de combatir las practicas discriminatorias modernas y garantizar que todos los prestamistas brinden igualdad de acceso a oportunidades de préstamos hipotecarios a las comunidades de color”, dijo la Fiscal General Adjunta Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Esta resolución brindará un alivio fundamental a las comunidades de raza negra e hispanas afectadas, permitiéndoles comprar una casa, conservarla o acceder al valor líquido de su vivienda. Poner fin a las prácticas discriminatorias y brindar ayuda a las comunidades de color afectadas por esta práctica ilegal es un paso necesario en los esfuerzos continuos para reducir la riqueza racial y las brechas en la propiedad de viviendas en todo nuestro país”.
La demanda alega que, desde 2016 hasta al menos 2021, Washington Trust no proporcionó servicios de préstamos hipotecarios a vecindarios de mayoría raza negra e hispana en Rhode Island. La denuncia alega que, a pesar de su expansión en todo el estado de Rhode Island, Washington Trust nunca ha abierto uno de sus bancos en un vecindario de mayoría raza negra e hispana. La demanda alega que Washington Trust dependió de funcionarios de préstamos hipotecarios que trabajaban únicamente en áreas de mayoría raza blanca como fuente principal para generar solicitudes de préstamos, y Washington Trust no capacitó ni incentivó a sus empleados de préstamos ni realizó actividades de divulgación, marketing y publicidad de sus servicios hipotecarios para compensar su falta de bancos y presencia en áreas de mayoría raza negra e hispana. La demanda alega además que, en comparación con Washington Trust, durante el mismo período de seis años, otros bancos recibieron casi cuatro veces más solicitudes de préstamos cada año en vecindarios de mayoría raza negra e hispana en Rhode Island. La demanda también alega que, incluso cuando Washington Trust generó solicitudes de préstamos de áreas de mayoría raza negra e hispana, los propios solicitantes eran desproporcionadamente blancos.
Según la orden de consentimiento propuesta, que está sujeta a la aprobación del tribunal, Washington Trust ha acordado hacer lo siguiente:
- Invertir al menos $7 millones en un fondo de subsidio de préstamos para aumentar el acceso a hipotecas, mejoras del hogar, refinanciamiento de viviendas y préstamos y líneas de crédito sobre el valor líquido de la vivienda para los residentes de vecindarios de mayoría raza negra e hispana en Rhode Island;
- Invertir $1 millón en asociaciones comunitarias para brindar servicios que aumenten el acceso al crédito hipotecario residencial para los residentes de esos vecindarios;
- Invertir $1 millón en publicidad, divulgación, educación financiera del consumidor y asesoramiento crediticio centrado en vecindarios de mayoría raza negra e hispana;
- Abrir dos sucursales nuevas en vecindarios de mayoría raza negra e hispana en Rhode Island; y garantizar que al menos dos oficiales de préstamos hipotecarios se dediquen a prestar servicios a estos vecindarios; y
- Emplear un Director de Préstamos Comunitarios que supervisará el desarrollo continuo de los préstamos en comunidades de color.
Washington Trust también acordó completar una evaluación de las necesidades crediticias de la comunidad, para evaluar e informar sobre su programa de préstamos justos; y capacitar sus empleados sobre las obligaciones del banco según la orden de consentimiento. Washington Trust trabajó en cooperación con el Departamento para resolver y remediar las inquietudes sobre las prácticas discriminatorias que fueron identificadas y acordó resolver este asunto sin litigios impugnados.
En octubre de 2021, el Fiscal General Merrick B. Garland y la Fiscal General Adjunta Kristen Clarke lanzaron la Iniciativa contra la Exclusión Financiera, o “Redlining”, del Departamento de Justicia, un esfuerzo coordinado de aplicación de la ley para abordar esta forma persistente de discriminación contra las comunidades de color. Desde 2021, el departamento ha anunciado nueve casos de exclusión y ha obtenido $98 millones en ayuda para las comunidades de color que han sido víctimas de discriminación crediticia en todo el país.
Puede encontrar una copia de la queja e información sobre la aplicación de préstamos justos por parte del departamento en www.justice.gov/fairhousing. Las personas pueden reportar discriminación crediticia llamando a la línea de información sobre discriminación en vivienda del Departamento de Justicia al 1-833-591-0291 o enviando un informe en línea.
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washington_trust_branch_locations.pdfProvidence Man Sentenced for Robbing Five Rhode Island BanksRead the Press Release
PROVIDENCE – A Providence man who previously admitted to a federal judge that he robbed five banks in Rhode Island within five weeks in early 2022, including three in three days, was sentenced today to 30 months in federal prison, announced United States Attorney Zachary A. Cunha.
Dashawn Diaz, 24, admitted that on January 12, 13, and 14, 2022, and on February 1 and 8, 2022, he presented a note to tellers at various bank branches in Providence, Pawtucket, and East Providence announcing that he was robbing the bank. In at least one of the robberies, Diaz told a teller, “Hurry! Big bills only” as he presented a note that read “Armed Robbery.”
On March 2, 2023, Diaz pleaded guilty to five counts of bank robbery, admitting that on January 12, 2022, he robbed a Providence branch of Santander Bank of $7,100; on January 13, 2022, a Providence branch of Citizens Bank of approximately $2,700; on January 14, 2022, a branch of Citizens Bank in Pawtucket of $952; on February 1, 2022, a Santander Bank branch in Providence of $2,348; and on February 8, 2022, a TD Bank branch in East Providence of $3,167.
At sentencing today, U.S. District Court Judge Mary S. McElroy sentenced Diaz to thirty months of incarceration to be followed by three years of federal supervised release. Diaz was ordered to pay restitution to the banks totaling $15,807.
The case was prosecuted by Assistant United States Attorney Zechariah Chafee.
The matter was investigated by the FBI and the Providence, Pawtucket, and East Providence Police Departments.
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Armed Fentanyl Dealer Sentenced to Ten Years in PrisonRead the Press Release
PROVIDENCE – A Pawtucket man who previously admitted to a federal judge that he was in possession of more than two kilos of fentanyl, a loaded Glock handgun, and nearly $80,000 in cash when he was arrested in October 2019 during a Pawtucket Police Department Project Safe Neighborhoods investigation was sentenced today to ten years in federal prison, announced United States Attorney Zachary A. Cunha.
Adrian Montalvo, 36, pleaded guilty in April in federal court to charges of possession with intent to distribute 40 grams or more of fentanyl and possession of a firearm in furtherance of a drug trafficking crime. He was sentenced today by U.S. District Court Judge Mary S. McElroy to ten years of incarceration to be followed by four years of supervised release.
According to information presented to the court, members of the Pawtucket Police Department’s Special Squad /Narcotics Unit developed information that Montalvo, previously convicted multiple times in state courts for trafficking narcotics, was selling large quantities of fentanyl within the city of Pawtucket. Following an investigation that included surveillance of Montalvo and his residence, Pawtucket Police requested and received a court-authorized search warrant for his residence. A search of Montalvo’s residence on October 1, 2019, yielded 2,118.35 grams of fentanyl; $79,106 in cash; a Glock 9mm semi-automatic pistol with an obliterated serial number; and items used in the preparation and packaging of fentanyl for distribution.
In addition to the term of incarceration imposed by the court, the court also ordered Montalvo to forfeit the cash and firearm seized by law enforcement, as well as proceeds realized by his drug trafficking activity, including a 2017 Jeep Wrangler, three widescreen televisions, miscellaneous jewelry, and a projector system.
The case was prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
This case was investigated and prosecuted in federal court as 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. In 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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Providence Man Sentenced for Being a Felon in Possession of Firearms, Including Three Ghost Guns, and Making False Statements to a Federally Licensed Firearms DealerRead the Press Release
PROVIDENCE, RI – A Providence man found to be illegally in possession of a 9mm firearm, three ghost guns, and more than 400 rounds of ammunition, and who knowingly made false statements to a federally-licensed firearms dealer when attempting to purchase a firearm, was sentenced today to two years in federal prison, announced United States Attorney Zachary A. Cunha.
Lucas Soriano, 41, arrested in November 2022, pleaded guilty on May 11, 2023, to a charge of being a felon in possession of a firearm and making false statements during the purchase of a firearm.
Soriano’s arrest came during a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and United States Postal Inspection Service (USPIS) investigation into individuals who use the United States mail in furtherance of violating federal firearm laws and individuals who are prohibited from possessing firearms.
As reflected in court documents, retailers that specialize in the advertising and sale of firearm parts, ammunition, and firearm accessories shipped orders through the U.S. Postal Service to Soriano at his mother’s address. These orders contained items that are commonly used to manufacture privately made firearms that lack serial numbers and other manufacturer or importer markings, rendering them difficult for law enforcement to trace.
ATF and USPIS agents executed a court-authorized search of Lucas Soriano’s residence and seized, among other items, three ghost guns, a 9mm handgun, and more than 400 rounds of ammunition.
During the course of the investigation, ATF learned that in June 2022, a federally licensed firearm dealer in Rhode Island denied Soriano’s application to purchase a firearm after he falsely claimed on ATF forms that he had not been previously convicted of a crime, when in fact he had. According to court records, Soriano was previously convicted in New York on charges of armed robbery with a deadly weapon and criminal possession of a loaded firearm.
At sentencing today, U.S. District Court Judge Mary S. McElroy sentenced Soriano to twenty-four months of incarceration to be followed by three years of federal supervised release.
The case was prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
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. In 2021, the Department of Justice 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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Former Woonsocket Couple Admit to Directing Conspiracy That Shipped Dozens of Kilos of Cocaine into Rhode IslandRead the Press Release
PROVIDENCE , RI – A former Woonsocket couple admitted to a federal judge in Rhode Island that they directed a conspiracy that, according to charging documents, was responsible for shipping dozens of packages containing kilograms of cocaine through the U.S. Postal Service from Puerto Rico to Rhode Island, announced United States Attorney Zachary A. Cunha.
As reflected in court documents, Efrain Colon-Garcia, 32, and his wife, Yaniris Colon-Senquiz, 46, led a conspiracy that was responsible for more than five dozen packages that were shipped into Rhode Island, each containing a kilogram or more of cocaine. Appearing in U.S. District Court in Providence on Thursday, the couple, who most recently resided in Kissimmee, FL, admitted that, as part of the conspiracy, they directed others to receive shipments of cocaine sent from Puerto Rico, and that they themselves received multiple shipments.
Colon-Garcia admitted to that court that he received at least nine packages at his residence and business addresses; Colon-Senquiz admitted to receiving at least four packages personally addressed to her. The defendants admitted to knowing that each package contained kilogram-quantities of cocaine.
Colon-Garcia and Colon-Senquiz each pleaded guilty to a charge of conspiracy to distribute and possess with intent to distribute cocaine, and a charge of unlawful use of a communication facility (U.S. Mail). They are scheduled to be sentenced on January 10, 2024. The defendants’ sentences will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The cases are being prosecuted by Assistant United States Attorneys Christine D. Lowell and Stacey A. Erickson.
The matter was investigated by U.S. Postal Service Inspectors and members of the Rhode Island High Intensity Drug Trafficking Area Task Force.
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New Assistant United States Attorney Appointed to Address Violent Crime, Complex White Collar Enforcement, and Other Critical CasesRead the Press Release
PROVIDENCE – United States Attorney Zachary A. Cunha today announced the appointment and swearing-in of Julie M. White as Assistant United States Attorney for the District of Rhode Island. Ms. White will serve in the Office’s Criminal Division, focusing on violent crime as well as white collar matters.
Prior to joining the District of Rhode Island, Ms. White served for three years as a federal prosecutor in the Southern District of West Virginia, where she handled a broad array of criminal matters, frequently involving vulnerable victims, as well as taking a leading role in developing and conducting training for prosecutors and law enforcement on various aspects of federal criminal practice. Before joining the Justice Department, Ms. White had a distinguished career as a state prosecutor in Maryland, with responsibility for a docket of complex violent crime and other cases. She is a graduate of Hood College and the University of Maryland School of Law, and served as a law clerk to the Honorable C. Clarke Raley of the Circuit Court for Saint Mary’s County, Maryland, before beginning her career as a prosecutor.
“Julie White is an exceptionally skilled attorney, and I am delighted that she has joined our team here in the District of Rhode Island,” said U.S. Attorney Cunha. “Hiring talented, thoughtful, and principled prosecutors is at the heart of our efforts to uphold public safety and pursue justice for every Rhode Islander, and I have no doubt that Ms. White will serve in the best traditions of this Office.”
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Indiana Woman Admits to Victimizing 96-Year-Old Rhode Island Widower Through an Online Romance ScamRead the Press Release
PROVIDENCE, RI – An Indiana woman today admitted to a federal Judge in Rhode Island that she perpetrated an online romance scam that defrauded a 96-year-old Coventry widower of nearly $80,000, announced United States Attorney Zachary A. Cunha.
Brittany Rakia Shawnai Lasley, 33, of Anderson, IN, admitted that she created a social media account containing fake profile information on the dating site “Plenty of Fish,” and promptly began a campaign to persuade the victim to provide her with money, credit cards, gift cards, and his personal identifying information. Lasley admitted that she led the victim to believe that providing her with these items would facilitate meetings between the two and foster a romantic relationship. During the scheme, Lasley fraudulently obtained access to the victim’s checking account and credit card and made numerous unauthorized purchases.
An investigation by the United States Postal Inspection Service determined that Lasley had approximately eighty-nine communications with the victim during which she made fraudulent representations concerning her alleged needs for funds for, among other things, medical expenses, home repairs, and travel to Rhode Island.
Lasley admitted to the court that she defrauded the 96-year-old widower of approximately $80,000.
Lasley pleaded guilty today to a charge of wire fraud. She is scheduled to be sentenced on November 7, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorneys Paul F. Daly, Jr., and Peter I Roklan.
The matter was investigated by the United States Postal Inspection Service.
United States Attorney Cunha thanks the Coventry, RI, Police Department; Anderson, IN, Police Department; Indiana State Police; United States Marshals Service; and U.S. Postal Service Office of Inspector General for their assistance in the investigation of this matter.
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Former Massachusetts Resident Sentenced to Federal Prison for Methamphetamine Trafficking in Rhode IslandRead the Press Release
PROVIDENCE, RI – A former Pepperell, MA, man arrested during an FBI Safe Streets Task Force investigation that resulted in the seizure of more than 461 grams of pure crystal methamphetamine was sentenced today to four years in federal prison, announced United States Attorney Zachary A. Cunha.
Peter Walkovich, 38, was arrested in May 2022, shortly after he drove away from a Cranston, RI, residence that was under surveillance by members of the task force. Law enforcement discovered 461.23 grams of 100% pure methamphetamine and various other packaging materials stashed inside three backpacks located inside the vehicle.
Walkovich, who was indicted by a federal grand jury, pleaded guilty on March 7, 2023, to a charge of conspiracy to distribute and possess with intent to distribute methamphetamine, and to a charge of possession with intent to distribute methamphetamine. He was sentenced today by U.S. District Court Judge Mary S. McElroy to forty-eight months of incarceration in federal prison to be followed by three years of federal supervised release.
The case was prosecuted by Assistant United States Attorneys Paul F. Daly, Jr., and Peter I. Roklan.
United States Attorney Cunha thanks the Cranston and Central Falls Police Departments and the DEA for their assistance in the investigation of this matter.
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Justice Department to Monitor Polls in Rhode Island for Compliance with Federal Voting Rights LawsRead the Press Release
PROVIDENCE , RI – The Civil Rights Division of the Justice Department announced today its plans to monitor compliance with federal voting rights laws in four jurisdictions for the September 5, 2023, federal special primary election in Rhode Island’s First Congressional District.
Since the passage of the Voting Rights Act in 1965, the Civil Rights Division has regularly monitored elections in the field in jurisdictions around the country to protect the rights of voters. The Civil Rights Division enforces federal voting rights laws that protect the rights of all citizens to access the ballot.
For this election, the Civil Rights Division will monitor polls on Election Day in the cities of Central Falls, Pawtucket, Providence, and Woonsocket.
The Civil Rights Division’s Voting Section enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act, the Help America Vote Act and the Civil Rights Act.
Civil Rights Division personnel also will be available to receive complaints from the public related to possible violations of federal voting rights laws by telephone toll-free at 800-253-3931 or by a complaint form on the department’s website https://civilrights.justice.gov/.
Visit Civil Rights Division | Voting Section | United States Department of Justice for more information about the Voting Rights Act and other federal voting rights law.
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Second Providence Man Admits to Assaulting U.S. Postal CarrierRead the Press Release
PROVIDENCE , RI – A Providence man on Tuesday admitted to a federal judge that he assaulted a U.S. Postal Service letter carrier purportedly because of a near collision between the man’s car with a mail delivery truck as they passed on a tightly packed Providence street, announced United States Attorney Zachary A. Cunha.
Branley Ferreras-Severino, 22, admitted that he repeatedly punched the letter carrier when the worker returned to his truck after having delivered packages to a nearby house. Ferreras-Severino admitted that he was standing by the mail truck and said, “You think it’s funny? You almost hit me. You wanna get popped?” The carrier took that to mean being shot with a gun.
Ferreras- Severino admitted that a passenger in his car, Ismael Colon-Pena, 19, of Providence, joined him in assaulting the Postal employee. The mail carrier attempted to fend off the attack and then ran from the area while dialing 911 for help. He provided investigators with the license plate number of the car driven by Ferreras-Severino, which they learned was registered to Ferreras-Severino’s mother.
As part of the investigation, U.S. Postal Service Inspectors obtained security videos from a nearby residence that depicted the attack. The Postal carrier identified both defendants from photographs shown to him by investigators.
Ferreras-Severino pleaded guilty on Tuesday to a charge of assault of a federal employee. He is scheduled to be sentenced on November 22, 2023. Colon-Pena pleaded guilty to the same charge on February 14, 2023. At sentencing on May 18, 2023, he was entered into the Deferred Sentencing Program for a term of 12 months.
As a result of their convictions, both men, Dominican Republic nationals, face deportation proceedings.
The case is being prosecuted by Assistant United States Attorney Zechariah Chafee.
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Rhode Island Attorney Pleads Guilty to Federal Wire Fraud, Tax Evasion ChargesRead the Press Release
PROVIDENCE, RI – Rhode Island personal injury attorney Peter P.D. Leach on Tuesday admitted to a federal judge that he conducted a Ponzi scheme to defraud clients by misappropriating over $500,000 in client settlement funds; he also admitted that he took evasive steps to conceal his ill-gotten gains from the IRS while failing to pay more than $250,000 in taxes, announced United States Attorney Zachary A. Cunha.
In pleading guilty to charges of wire fraud and tax evasion, Leach admitted that he forged client signatures and deposited client settlement checks into his attorney IOLTA account, using those funds to pay personal expenses and to repay earlier clients whose funds he had embezzled. To prolong his scheme, Leach repeatedly made false representations to clients about the status of their cases, and told them that he would pay their medical expenses and other bills with settlement funds he had received.
An investigation by the Rhode Island State Police Financial Crimes Unit and Internal Revenue Service - Criminal Investigation determined that Leach’s criminal activity resulted in losses to clients of more than $250,000.
Leach also admitted that from 2014-2019, he took multiple steps to conceal his gains from the IRS, including by making false statements on IRS forms regarding his assets; making false statements to IRS Revenue officers about his ability and willingness to pay his taxes and about his withdrawal of over $540,000 of cash from his IOLTA accounts for payment of personal expenses; and by transferring money from his client account to the account of family members to make personal payments.
The investigation determined that Leach failed to pay more than $250,000 in taxes.
Leach is scheduled to be sentenced on January 4, 2024. The defendant’s sentences will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorney Sandra R. Hebert and Denise Barton.
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Providence Man Pleads Guilty to Federal Firearm and Drug Trafficking ChargesRead the Press Release
PROVIDENCE , RI – A Providence man admitted to a federal judge today that, in February 2021, while he was detained at the Adult Correctional Institutions (ACI) on unrelated charges, he arranged by telephone with his then girlfriend to locate and sell a firearm that he illegally possessed, and took steps to continue running his established drug trafficking business.
Ronald M. Kramer, 39, admitted that, while confined at the ACI, another inmate told him about an individual outside of the prison who might be interested in purchasing a firearm Kraemer was trying to get rid of. Kramer provided his girlfriend with that information, who then contacted and arranged to meet with the person to sell him the firearm. At that meeting, Kramer’s girlfriend also discussed and arranged to sell the gun buyer methamphetamine pills. Subsequently, she made at least two deliveries of pills to the buyer, totaling more than 244 grams. The person who took possession of the firearm and the drugs was, in fact, a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) undercover agent.
On April 1, 2021, law enforcement agents executed a search warrant on the girlfriend’s apartment. During the search agents located a safe containing $10,790 in cash which were proceeds of the sale of methamphetamine.
Kramer pleaded guilty today charges of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine; possession with intent to distribute 50 grams or more of methamphetamine; and possession of a firearm by a prohibited person, announced United States Attorney Zachary A. Cunha.
The case is being prosecuted by Assistant United States Attorney Zechariah Chafee.
The matter was investigated by ATF, with the assistance of the Providence Police Department.
United States Attorney Cunha thanks the Rhode Island Department of Corrections, United States Postal Inspection Service, United States Marshals Service, Rhode Island State Police, and the Pawtucket, Providence, Cranston, and North Providence Police Departments for their assistance in the investigation of this case.
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Woonsocket Man Sentenced to More Than Eight Years in Prison for Role in a Conspiracy that Trafficked Dozens of Kilos of CocaineRead the Press Release
PROVIDENCE , RI – A Woonsocket man, who was identified in court documents as one of the initial participants in a conspiracy that went on to receive more than five dozen packages containing kilograms of cocaine shipped from Puerto Rico to Rhode Island through the U.S. Postal Service was sentenced today to eight and a half years in federal prison, announced United States Attorney Zachary A. Cunha.
William Lugo, 32, previously admitted to a federal judge that he accepted at least eight parcels containing at least one kilogram of cocaine shipped from Puerto Rico between December 2017 and July 2020. The cocaine was often shipped stashed inside wine racks and Bluetooth speakers.
Lugo admitted that he communicated regularly with alleged leaders of the drug trafficking enterprise in Rhode Island and with co-conspirators in Puerto Rico via social media apps about when drug parcels would be delivered. He received cash payments for each package he accepted or retrieved.
On July 14, 2020, U.S. Postal Service Inspectors and members of the Rhode Island High Intensity Drug Trafficking Area Task Force executed a court-authorized search of Lugo’s residence and seized a ghost gun with nine rounds of .40 caliber ammunition; cellphones Lugo used to communicate via social media apps with other members of the conspiracy; and, among other items, two wine racks with broken bottoms and two Bluetooth speakers.
Lugo pleaded guilty on May 1, 2023, to charges of conspiracy to distribute cocaine, unlawful use of a communication facility (the U.S. mail), and being a prohibited person in possession of ammunition.
He was sentenced today by U.S. District Court Judge William E. Smith to 102 months in federal prison to be followed by three years of federal supervised release.
At the time of his arrest by federal agents in July 2020, Lugo was serving a term of state probation, having been convicted in Rhode Island state court in December 2015 on a charge of carrying a pistol without a license.
The case in U.S. District Court is being prosecuted by Assistant United States Attorneys Christine D. Lowell and Stacey A. Erickson.
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Former IT Director Sentenced for Embezzling More Than $1M from A Warwick CompanyRead the Press Release
PROVIDENCE , RI – The former IT Director of a Warwick, RI, metals fabrication and supply company who used his purchasing authority to devise and execute a decade-long fraud scheme that bilked his employer out of more than $1M was sentenced today to nearly three years in federal prison, announced United States Attorney Zachary A. Cunha.
Juan Hicks, 47, of New Bedford, MA, pleaded guilty in March 2023 to a charge of wire fraud, admitting that he defrauded ATW Companies in a variety of ways, including by: creating false invoices and expense reports for purchases that were never made; altering legitimate credit card statements to make purchases appear to be business expenses, when, in fact, they were for Hicks’ personal expenses; issuing company phones to himself and six family members and then enrolling the phones on the company’s wireless phone service plan; submitting invoices and using company credit cards to purchase airline and entertainment tickets for himself, family members and friends; and using those company cards to make purchases at retail stores and auto repair centers.
Hicks’ criminal conduct came to light in March 2022, when his employer hired forensic analysts to determine the source of a cyberattack and to assess vulnerabilities in its computer system. Information and analysis provided by the company to the Warwick Police Department, Homeland Security Investigations, and the United States Attorney’s Office subsequently revealed that Hicks had embezzled over one million dollars from the company since 2012.
Hicks was sentenced today by U.S. District Court Judge William E. Smith to thirty-three months in federal prison to be followed by three years of federal supervised release. He was ordered to pay restitution totaling $1,042,000.
The case was prosecuted by Assistant U.S. Attorney Lee H. Vilker.
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Ship’s Operator, Captain, and Chief Engineer Sentenced for Environmental Crimes Aboard a Rhode Island-Bound Oil TankerRead the Press Release
PROVIDENCE –The Greek company that owned and operated the Galissas, its captain, and chief engineer were each sentenced in U.S. District Court in Rhode Island today for environmental crimes committed in February 2022, announced United States Attorney Zachary A. Cunha.
Zeus Lines Management S.A., (Zeus) owner/operator of the Gallissas, was sentenced by United States District Judge Mary S. McElroy to pay a total monetary penalty of $2.25 million, consisting of a fine of $1,687,500 and a community service payment of $562,500. The community service payment will go to the National Fish and Wildlife Foundation to fund projects to benefit marine and coastal natural resources located in the State of Rhode Island. Additionally, Zeus will serve a four-year term of probation, during which any vessels operated by the company and calling on U.S. ports will be required to implement a robust environmental compliance plan.
The Galissas’ captain and chief engineer were also sentenced to terms of probation.
During earlier proceedings in May 2023, Zeus admitted violating The Ports and Waterways Safety Act and The Act to Prevent Pollution from Ships. The Galissas’ captain, Master Jose Ervin Mahinge Porquez, a resident of the Philippines, admitted to violating The Ports and Waterways Safety Act; Galissas’ Roberto Cayabyab Penaflor, also a resident of the Philippines, admitted violating the Act to Prevent Pollution from Ships.
According to information presented in court, while the Galissas was conducting cargo operations in Rotterdam, the Netherlands in February 2022, crew members became aware that the vessel’s inert gas system became inoperable. The inert gas system is necessary to ensure that oxygen levels within the vessel’s cargo tanks remain at safe levels and do not pose a hazardous condition. Rather than remaining in Rotterdam until the inert gas system could be repaired, Zeus and the ship’s captain, Porquez, decided to instead sail to the United States, where a spare part would be delivered upon the vessel’s arrival.
On February 11, 2022, while crossing the Atlantic, Porquez submitted a “Notice of Arrival” to the U.S. Coast Guard which failed to report the hazardous condition. On February 15, 2022, the Coast Guard sent an email in preparation for inspection which inquired about the vessel’s inert gas system. Porquez responded but did not disclose the inoperable inert gas system. Upon arrival off the coast of Rhode Island on February 19, 2022, the vessel embarked a local ship’s pilot to sail the vessel closer to shore and take delivery of the spare part. Although the crew installed the spare part, the inert gas system remained inoperable. Porquez failed to report to the Coast Guard the hazardous condition that the vessel’s inert gas system was inoperable while the tanks were not gas free.
The following day, the U.S. Coast Guard boarded the Galissas to conduct an inspection. Only then did Porquez inform the Coast Guard that the inert gas system was inoperable. The Coast Guard immediately took measurements of the oxygen levels within the vessel’s cargo tanks, which registered more than double the maximum allowable levels. The Coast Guard then ordered that the vessel be moved further offshore so as to not endanger the port of Newport, Rhode Island.
Additionally, Zeus’ Operations Manager directed Porquez to create a logbook showing oxygen levels during the transatlantic voyage. Porquez had a logbook created that falsely indicated the cargo tanks were at safe oxygen levels when the vessel left the Netherlands and remained at safe levels during the majority of the vessel’s transit of the Atlantic Ocean. In reality, the crew had not taken any readings of the oxygen levels in the cargo tanks during the vessel’s voyage. The fraudulent logbook was presented to the U.S. Coast Guard during its inspection.
Additionally, in a separate infraction, Zeus and chief engineer Penaflor admitted that throughout the transatlantic voyage oily bilge water was illegally dumped from the Galissas directly into the ocean without being properly processed through required pollution prevention equipment. Oily bilge water typically contains oil contamination from the operation and cleaning of machinery on the vessel. They also admitted that these illegal discharges were not recorded in the vessel’s oil record book as required by law.
Penaflor ordered crew members under his supervision to discharge a total of approximately 9,544 gallons of oily bilge water from the vessel’s bilge holding tank directly into the ocean using the vessel’s emergency fire pump, bypassing the vessel’s required pollution prevention equipment. Penaflor instructed crew members on several occasions to not tell the Coast Guard about bypassing the pollution prevention equipment resulting in illegal discharges.
The case was prosecuted by Senior Trial Attorney Stephen Da Ponte of the Department of Justice’s Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney John P. McAdams for the District of Rhode Island, with assistance from Lieutenant Commander Paul J. Milliken from the U.S. Coast Guard District One Legal Office.
The U.S. Coast Guard Sector Southeastern New England and the U.S. Coast Guard Investigative Service investigated the case.
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Connecticut Resident Pleads Guilty in Federal Court in Rhode Island to a Charge of Bank FraudRead the Press Release
PROVIDENCE – A Bridgeport, Connecticut man admitted to a federal court judge in Rhode Island that he fraudulently created an online bank account in the name of a Rhode Island resident without that person’s knowledge, and then accessed and transferred $65,500 to that account from a separate bank account controlled by the Rhode Islander, again without that person’s knowledge, announced United States Attorney Zachary A. Cunha.
Michael Joshua Saint-Victor, 26, also admitted that he submitted an application for an ATM/debit card tied to the bank account that he opened in the Rhode Island resident’s name, and that he also used this individual’s name to apply for a credit card with a second bank.
According to information presented to the court, when the banks discovered the fraudulent activities, the bank returned the $65,500 that Saint-Victor had transferred to his Rhode Island victim, and both the ATM/debit card and the credit card applications were denied.
Saint-Victor pleaded guilty on Tuesday to a charge of bank fraud. He is scheduled to be sentenced on November 1, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorney Milind M. Shah.
The matter was investigated by the United States Secret Service.
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Connecticut Resident Indicted, Arraigned in Federal Court in Rhode Island in Multi-State Scheme to Defraud Home DepotRead the Press Release
PROVIDENCE – A West Hartford, CT, resident has been arraigned in U.S. District Court in Providence, RI, on charges of conspiracy and wire fraud, as reflected in an indictment that alleges that he participated in a scheme to defraud Home Depot stores in eight states, including Rhode Island, of approximately $297,332, announced United States Attorney Zachary A. Cunha.
It is alleged in charging documents that, from at least June 2021 to February 2022, Alexandre Henrique Costa-Mota, 26, executed non-receipted return fraud schemes at more than two dozen Home Depot stores located primarily in Rhode Island, Connecticut, and Massachusetts, but also in Maine, Maryland, Pennsylvania, New York, and New Jersey.
It is alleged that Costa-Mota entered stores empty handed, dressed to appear like a contractor. He then collected Anderson doors, which he brought to each store’s Service Department where he made non-receipted returns of the doors. With each successful return, Costa-Mota was provided with a store credit that he later redeemed at other stores, mainly located in Connecticut. At times, when the stores refused to accept the receiptless returns, Costa-Mota simply exited the stores with the Anderson doors without paying for them and then returned the doors at other stores for store credit.
It is alleged that Costa-Mota received approximately 370 fraudulent store credits, valued at $297,332.
A federal grand jury in Providence returned an indictment on July 26, 2023, charging Costa-Mota with wire fraud and conspiracy. He was arraigned before a United States Magistrate Judge on August 1, 2023, and ordered detained.
A federal criminal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney Dulce Donovan.
The matter was investigated by the United States Secret Service.
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Scituate Man Previously Convicted and Incarcerated on Federal Child Pornography Charges Pleads Guilty to Possessing Child PornographyRead the Press Release
PROVIDENCE – A North Scituate man currently serving a term of lifetime federal supervised release that followed his term of incarceration of 84 months, having been convicted in May 2009 on charges of possessing and distributing child pornography, today pleaded guilty to an unrelated charge of possession of child pornography, announced United States Attorney Zachary A. Cunha.
Brian Murphy, 53, admitted that he was in possession of images and videos of child erotica discovered by a Homeland Security Investigations agent and a Federal Probation officer during an unscheduled visit to his residence in August 2022 and examination of electronic devices belonging to him, as permitted by the terms of his supervised release.
According to charging documents, in April 2022, the National Center for Missing and Exploited Children notified the Rhode Island State Police Internet Crimes Against Children Task Force that a user of a social media messenger platform had uploaded images of child erotica. An investigation by the ICAC Task Force determined that the IP address used to access the child pornography was assigned to a North Scituate business located on the ground floor of a multi-residence building in which Murphy resided. Murphy admitted to the court today that he used the business’ Wi-Fi service to access and download the child erotica.
Murphy is scheduled to be sentenced on November 1, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorney Milind M. Shah.
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United States Attorney’s Office to Attend Community Events During National Night OutRead the Press Release
PROVIDENCE - The U.S. Attorney’s Office will join community organizers, neighbors, and law enforcement partners to participate in National Night Out events on August 1, 2023. The U.S. Attorney’s Office will join Project Safe Neighborhoods partners at events in Providence, Pawtucket, Warwick, Central Falls, and Woonsocket.
“This program is an example of the ways that law enforcement partners with our communities to build relationships, support neighborhoods, and reaffirm our shared commitment of working together to ensure the safety and wellbeing of our cities and towns,” said U.S. Attorney Cunha. “This office is proud to support our communities and our law enforcement colleagues as part of this great event.”
National Night Out is an annual community-building campaign that promotes partnerships and camaraderie between law enforcement and the communities they serve to make our neighborhoods safer places to live. Millions take part in National Night Out across thousands of communities throughout the country on the first Tuesday of August in most areas of the country.
National Night Out was established in 1984 with funding from the Bureau of Justice Assistance of the U.S. Department of Justice. The program is administered by the National Association of Town Watch, a nationwide non-profit organization.
Coordinated by local law enforcement and trained volunteers, National Night Out provides a great opportunity to bring police and neighbors together under positive circumstances. Neighborhoods host block parties, cookouts, festivals, parades, safety demonstrations, seminars, youth events, visits from emergency personnel, and more. National Night Out sends a message that neighbors are united and working together to keep their communities and each other safe.
For more information, visit https://natw.org/.
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Kevin Love Hubbard Appointed to Coordinate Affirmative Civil Enforcement Matters in the District of Rhode IslandRead the Press Release
PROVIDENCE – U.S. Attorney Zachary A. Cunha, announced today that he has appointed Kevin Love Hubbard, an Assistant U.S. Attorney in the Office’s Civil Division, to serve as Affirmative Civil Enforcement Coordinator, overseeing the District’s significant docket of civil investigations and litigation in which the federal government is suing to vindicate the public interest.
These civil cases are an important and significant part of the Office’s docket, and include actions under the federal False Claims Act, environmental enforcement statutes, civil matters involving the Controlled Substances Act and other federal laws. Affirmative civil enforcement cases frequently seek to recover funds that are paid out by the federal government as a result of healthcare, procurement, or related fraud; enforce compliance with federal law; and seek penalties for other types of publicly harmful conduct along with injunctive relief designed to stop conduct that violates various federal statutes.
AUSA Hubbard joined the United States Attorney's Office in 2021, from the partnership of Medina Orthwein; earlier in his career he served as a law clerk to the Honorable Neil Wake of the United States District Court for the District of Arizona. He is a graduate of the Pennsylvania State University and Yale Law School.
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United States Resolves ADA Case with Warwick School Department to Ensure Access to Local PlaygroundRead the Press Release
PROVIDENCE – The Warwick School Department has entered into a settlement agreement with the United States to ensure equal access for children and adults with disabilities at the Warwick Neck Elementary School playground, announced Zachary A. Cunha, United States Attorney for the District of Rhode Island.
This agreement follows an investigation that began after the U.S. Attorney’s Office received a complaint alleging that the Warwick School Department renovated the Warwick Neck Elementary playground in 2019, but in doing so, failed to make access to the renovated playground accessible to individuals with disabilities. This agreement will remedy that problem, and commits the Warwick School Department to making changes that include significant modifications and improvements that will ensure that the playground will be readily accessible to and usable by individuals with disabilities. Those modifications are now underway.
The matter was handled by Assistant U.S. Attorney Amy R. Romero, with the assistance of the Disability Rights Section of the U.S. Department of Justice Civil Rights Division.
The Department of Justice has a number of publications available to assist entities in complying with the ADA. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD). Any member of the public who wishes to file a complaint alleging that a place of public accommodation or public entity in Rhode Island is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at (401) 709-5000 or by email at [email protected].
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ada_title_ii_warwick_neck_school_playground_settlement_agreement_.pdfThree Appointed to Serve as Assistant United States Attorneys to Address Violent Crime, Complex White Collar Enforcement, and Other Critical CasesRead the Press Release
PROVIDENCE – United States Attorney Zachary A. Cunha today announced the appointment and swearing-in of three new Assistant United States Attorneys for the District of Rhode Island: Kevin M. Bolan, Julianne L. Klein, and Peter I. Roklan. Mr. Bolan will serve in the Office’s Civil Division, focusing on affirmative civil enforcement, while Ms. Klein and Mr. Roklan have been assigned to the Criminal Division.
Prior to his appointment, Kevin M. Bolan was a partner with the law firm of White & Case, LLP, where he both handled and managed civil and criminal trials and investigations as part of the firm’s white collar practice group. Earlier in his career, Mr. Bolan was an associate, and later partner, with the firm of McDermott Will & Emery in both Boston, Massachusetts and Washington, D.C. He is a graduate of Harvard College and the Georgetown University Law Center.
Julianne Landsvik Klein joins the office from the Boston office of Cooley, LLP, where she has served as an Associate for the past eight years. In that role, she has handled numerous DOJ and SEC investigations, worked on complex commercial matters, and handled significant pro bono litigation. Prior to joining Cooley, Ms. Klein worked in the Chicago offices of Steptoe & Johnson, LLP, Dinsmore & Schol, LLP, and for the Staff Attorneys Office of the United States Court of Appeals for the Seventh Circuit. She is a graduate of Boston College and the University of Michigan Law School.
Rhode Island native Peter I. Roklan joins the Office following a distinguished sixteen-year tenure with the Rhode Island Department of Attorney General, where he prosecuted a wide variety of criminal cases on behalf of the State of Rhode Island, including matters involving public corruption, firearms, narcotics, and organized crime. Mr. Roklan previously served as a Special Assistant United States Attorney, working on federal cases with prosecutors in this Office. He is a graduate of the University of Massachusetts at Amherst, and the Roger Williams University School of Law.
“I am tremendously excited that these three exceptional advocates have joined the ranks of the U.S. Attorney’s Office for the District of Rhode Island,” said U.S. Attorney Cunha. “Their backgrounds, education, and experience make them ideally suited to carry on and enhance our Office’s critical work to pursue justice and enhance public safety on behalf of all of our Ocean State communities.”
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Providence Man Admits to Passport Fraud, Theft of Government Funds and Fraudulent Use of Another Person’s Identity to Obtain Social Security Disability BenefitsRead the Press Release
PROVIDENCE – A Providence man admitted to a federal judge that he fraudulently collected more than $230,000 in Social Security Administration (SAA) disability benefits in his own name, all the while continuing to work using another person’s identity, announced United States Attorney Zachary A. Cunha.
Additionally, Leonardo Durango, 62, admitted that he used the name of that same person, without his knowledge, to fraudulently collect more than $26,000 in federally funded COVID-related unemployment benefits, and that he also made a false statement in a U.S. passport application. Durango admitted that he was not entitled to receive the funds.
Durango pleaded guilty on Thursday to charges of concealment to disclose affecting rights to SSA benefits payments, passport fraud, and theft of government property.
Durango is scheduled to be sentenced on October 12, 2023. The defendants’ sentences will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorney Ly T. Chin.
The matter was investigated by the U.S. Department of State, U.S. Social Security Administration, and U.S. Department of Labor.
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Former Woonsocket Man Sentenced to Federal Prison for Trafficking Crack CocaineRead the Press Release
PROVIDENCE – A former Woonsocket man who, according to court documents, operated a significant drug dealing business in the Woonsocket area has been sentenced to five years in federal prison, announced United States Attorney Zachary A. Cunha.
David Kennedy, 33, pleaded guilty on October 1, 2019, to a charge of conspiracy to distribute and possession with intent to distribute 28 grams or more of cocaine base, admitting that, on at least three occasions while under law enforcement surveillance, he supplied a total of 44.25 grams of crack cocaine to customers brought to him by an individual who acted as a “broker.”
At the time of his arrest in July 2019, Kennedy was found by members of the FBI Safe Streets Task Force to be in possession of 119 grams of crack cocaine, 895 grams of powder cocaine, and $3,000 in cash.
At sentencing on Tuesday, U.S. District Court Chief Judge John J. McConnell, Jr., sentenced Kennedy to 60 months of incarceration to be followed by four years of federal supervised release.
Christian Nieves, 37, formerly of Woonsocket, identified during the investigation as the “broker” working with Kennedy, pleaded guilty on October 1, 2019, to conspiracy to distribute and possess with intent to distribute 28 grams or more of cocaine base. He was sentenced by Chief Judge McConnell, Jr., in January 2020 to five years in federal prison to be followed by four years of federal supervised release.
The cases were prosecuted by Assistant United States Attorneys Sandra R. Hebert and Christine D. Lowell.
The Rhode Island FBI Safe Streets Task Force consists of agents and law enforcement officers from the FBI, United States Marshals Service, Central Falls Police Department, Cranston Police Department, Pawtucket Police Department, Providence Police Department, West Warwick Police Department, Woonsocket Police Department, and Rhode Island State Police.
This was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Level III Sex Offender Arrested on Child Pornography Charges for a 5th TimeRead the Press Release
PROVIDENCE – A level III sex offender has been ordered detained in federal custody following his 5th arrest on child pornography charges, announced United States Attorney Zachary A. Cunha.
Patrick M. O’Donnell, 60, convicted in Rhode Island state court on child pornography charges four times between 2007 and 2020, was most recently released from Rhode Island state prison on June 1, 2023. According to charging documents, O’Donnell allegedly downloaded and accessed child pornography and child erotica on cellphones he was prohibited from possessing as a condition of his probation. He was living at a homeless shelter in Cranston at the time.
During a sex-offender compliance check conducted by Homeland Security Investigations, members of the Rhode Island State Police Internet Crimes Against Children Task Force, Cranston Police, and the Rhode Island Department of Corrections, Probation and Parole, O’Donnell was found to be in possession of two cellphones. A live digital preview allegedly revealed child pornography on one of the devices and child erotica on both.
O’Donnell was charged in federal court with allegedly knowingly possessing child pornography, which carries a ten-year mandatory minimum sentence if a defendant has previously been convicted of a child pornography offense. The defendants’ sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorney John P. McAdams.
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Registered Sex Offender Pleads Guilty to Charges of Enticement, Attempted Transfer of Obscene Material to a MinorRead the Press Release
PROVIDENCE – A Waterbury, CT sex offender admitted to a federal judge in U.S. District Court in Providence, RI, that in March 2019, he engaged in a series of sexually explicit online communications with a person he believed to be a 13-year-old girl living in Rhode Island; that he attempted to arrange a meeting with the girl to engage in sexual acts; and that he sent obscene materials to the person with whom he was communicating, announced United States Attorney Zachary A. Cunha.
Jesus Maldonado, 59, pleaded guilty on June 27, 2023, to charges of attempted enticement of a minor to engage in sexual activity; attempted transfer of obscene material to a minor; and commission of a felony offense involving a minor when required to register as a sex offender.
In pleading guilty, Maldonado admitted that he engaged in a series of sexually explicit text message conversations with a person whom he believed to be “Jeni,” a 13-year-old girl living in Rhode Island. During the communications, he knowingly sent “Jeni” sexually explicit images and attempted to persuade her to engage in sexual activity. The person with whom he was communicating was, in fact, an undercover law enforcement officer assigned to the Rhode Island State Police Internet Crimes Against Children Task Force, and a Task Force Officer with Homeland Security Investigations.
According to court records, at the time Maldonado engaged the illicit conduct with “Jeni,” he had previously been convicted in two different cases of sexual contact offenses with female children and, as a result, was a registered sex offender, as required by law.
Maldonado is scheduled to be sentenced on September 26, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant United States Attorneys Denise M. Barton and Stacey A. Erickson.
The matter was investigated by the Rhode Island State Police ICAC, the Rhode Island State Police Computer Crimes Unit, and the United States Department of Homeland Security, Homeland Security Investigations (HSI) Office.
United States Attorney Cunha thanks the United States Attorney’s Office for the District of Connecticut, and HSI, New Haven, CT., for their assistance.
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Federal Agreement Requires Nationwide Service Improvements at CVS MinuteClinics for Patients Who Are Deaf or Hard of HearingRead the Press Release
PROVIDENCE –MinuteClinic, LLC (“MinuteClinic”), a retail health care provider operating inside CVS pharmacy locations nationwide, has entered into a settlement agreement with the United States, requiring it to change its policies and procedures to provide effective communication to individuals who are deaf and hard of hearing at all of its over 11,000 locations, announced Zachary A. Cunha, United States Attorney for the District of Rhode Island.
This agreement follows an investigation begun after the Rhode Island U.S. Attorney’s Office received a complaint from a deaf individual who alleged that MinuteClinic failed to provide her with requested American Sign Language (ASL) interpretation for her medical appointments at a MinuteClinic. The investigation revealed that MinuteClinic had, in fact, failed to provide her with requested ASL interpretation, and that as a result, she was not able to effectively communicate with MinuteClinic health personnel during her medical appointments.
Additionally, the investigation revealed that, while CVS MinuteClinic’s website directed hearing-impaired patients to contact a patient support line to obtain an ASL interpreter for visits to a MinuteClinic, on at least six other occasions, when individuals called that number to request an ASL interpreter for upcoming medical appointments, the MinuteClinic representatives who answered the phone did not assist them with scheduling an interpreter.
“Interactions with health care providers as we make crucial decisions about treatment and care are among the most personal interactions we have in life,” said U.S. Attorney Cunha. “And the most basic part of that interaction is being able to communicate effectively with your health care provider. Providers have an obligation under the Americans with Disabilities Act to eliminate obstacles to access for those with disabilities, and I am pleased that, with today’s agreement, MinuteClinic is taking appropriate steps to ensure that those barriers are eliminated for users of CVS stores across the country.”
Under the settlement agreement, MinuteClinic will revise its policies and procedures for requesting, providing and tracking requests for qualified interpreters at all of its MinuteClinic locations, train staff on those policies, and post notices at its locations and website, informing patients of the means and methods by which to request auxiliary aids and services, free of charge. MinuteClinic will also pay $5,000 to the complainant.
The matter was litigated by Assistant U.S. Attorney Amy R. Romero.
The Department of Justice has a number of publications available to assist entities in complying with the ADA. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD). Any member of the public who wishes to file a complaint alleging that a place of public accommodation or public entity in Rhode Island is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at (401) 709-5000 or by email at [email protected].
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cvs_minuteclinic_ada_agreement.pdfFormer Massachusetts Town Official Pleads Guilty to Wire Fraud in Rhode IslandRead the Press Release
PROVIDENCE – A former chairperson of the Board of Tax Assessors for the Town of Dedham, MA, pleaded guilty in federal court in Rhode Island today to a charge of wire fraud, admitting that, while serving as a Dedham town official, real estate broker, tax preparer, and property manager for the River Island Condominium Association in Woonsocket, RI, she devised a scheme to access nearly $50,000 in Association funds for her own personal use, announced United States Attorney Zachary A. Cunha.
Cheryl S. Sullivan, 68, of Dedham, MA, admitted that she used an Association debit card fifty-eight times to withdraw cash between January and November 2019, when she visited the Plainfield Park Casino in Plainfield, MA.
Casino records reflect that from January 4, 2019, to November 19, 2019, Sullivan gambled at the casino 176 times, almost every day. Bank records associated with the Condominium Association’s account reflect that there were sixty ATM withdrawals made from the account during the relevant time frame, of which fifty-eight of those occurred at the casino. The withdrawals occurred on multiple dates that Sullivan’s personal debit card had been used at the casino to attempt to withdraw cash from her own account but was declined. The condo association debit card was then immediately used to withdraw cash.
An investigation by the FBI, and the Plainville, MA, and Woonsocket, RI, Police Departments determined that Sullivan defrauded the Condo Association of a total of $49,156, of which, to date, nearly half has been paid back to the Association by the defendant.
Sullivan is scheduled to be sentenced on September 26, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
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U.S. Attorney’s Violent Crime Initiative Targets Gangs, Firearms, Drug Trafficking and Drivers of Violence across RI CitiesRead the Press Release
PROVIDENCE – As part of ongoing efforts by the District of Rhode Island and in concert with the Justice Department’s summer anti-violent crime strategy, United States Attorney Zachary A. Cunha this week hosted his quarterly Project Safe Neighborhoods (PSN) Violent Crime Strategy Session, bringing together partners from federal, state, and local law enforcement agencies to share critical intelligence and resources to target significant investigations into illegal firearms and firearm trafficking; gang and neighborhood violence; and drug trafficking in an around the state’s urban core.
PSN law enforcement partners meet quarterly at the United States Attorney’s Office to share law enforcement sensitive intelligence and investigative information on the individuals and organizations suspected of being involved in violent crimes associated with firearms, gangs, neighborhood violence, and/or drug trafficking, with the goal of identifying the drivers of significant criminal activity and targeting resources to address those threats to public safety. The goal is to reinforce positive trends in reducing violent crime, remain ahead of emerging areas of concern, and share critical information.
Given Rhode Island’s compact geography, the U.S. Attorney’s Rhode Island PSN Violent Crime Initiative strategically focuses on the urban corridor, that brings together law enforcement partners to deal with violence that crosses community lines, and often involves highly mobile and social media-engaged individuals.
“Coordination and cooperation with our state and local partners is critical to staying ahead of the curve when it comes to fighting violent crime,” said U.S. Attorney Cunha. "Those partnerships: with local police departments, federal agencies, and the Rhode Island Office of Attorney General are crucial to our common goal of keeping Rhode Islanders safe. By sharing intelligence, resources, and strategies, our PSN initiative aims to do exactly that, and I am grateful for our colleagues’ insights, collaboration, and continuing commitment to this effort.”
Last week, United States Attorney General Merrick B. Garland met with all 93 United States Attorneys and the senior leadership of the FBI, DEA, ATF, and the United States Marshals Service to emphasize the importance of continued efforts to address violent crime, and to reiterate the Justice Department’s commitment to identifying, investigating, and prioritizing the prosecution of those who are responsible for the greatest violence in our communities. This Justice Department-wide anti-violent crime strategy leverages the resources of federal prosecutors, agents, investigators, criminal justice experts, and grant programs to combat violent crime, to include providing resources to give law enforcement agencies the tools and training they need to protect their communities and to build the public trust that is essential to effective law enforcement.
Attorney General Garland noted that over the coming year, the Department anticipates that the Office of Justice Programs and Office of Community Oriented Policing Services will award over $1.3 billion to support state and local law enforcement efforts to combat violent crime.
Rhode Island PSN state and local law enforcement partners include the Rhode Island State Police, the Rhode Island State Fusion Center, and the Central Falls, Cranston, Pawtucket, Providence, Warwick, and Woonsocket Police Department. Federal law enforcement partners include ATF, DEA, FBI, U.S. Federal Probation, Homeland Security Investigations, United States Marshals Service, and the United States Postal Inspection Service.
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Former 6/10 Construction Project Supervisor Sentenced for Making False StatementsRead the Press Release
PROVIDENCE – A former project superintendent of the nearly quarter-billion-dollar federally funded 6/10 Interchange Construction Project was sentenced today for intentionally misleading officials as to the origin and the potential contaminant composition of dozens of truckloads of railroad ballast (stone) and dirt imported to the project, announced United States Attorney Zachary A. Cunha.
Dennis Ferreira, a former employee of Barletta Heavy Division, Inc., a Massachusetts construction company responsible for the construction of the Route 6/10 Interchange Project, previously admitted to a federal judge that, in July 2020, he falsely reported to the Rhode Island Department of Transportation (RIDOT) the origin of 93 truckloads of railroad ballast imported to the 6/10 Project from Massachusetts; 52 truckloads of dirt imported to the 6/10 Project from the Pawtucket/Central Falls Rail Station Project Barletta was undertaking; and that he was responsible for a false report submitted to RIDOT by Barletta stating that the stone imported from Massachusetts had been tested and met environmental criteria as required in a Soil and Materials Management Plan (SMMP) prepared by RIDOT.
According to documents filed with the court, Ferreira repeatedly mislead RIDOT and the Rhode Island Department of Environmental Management (RIDEM) into believing that stone imported from Massachusetts to the 6/10 Project had been tested and met established environmental criteria when, in fact, the stone had not been tested. Ferreira submitted to RIDOT an environmental report addressing an entirely different stockpile of stone. As truckloads of stone continued to be sent to the 6/10 Project, testing showed that, in fact, the stone did not meet established environmental standards. Ferreira suggested to a co-worker to wash the ballast before taking another sample and then retest it; take a known clean sample and pretend it was the ballast he had imported; or change the test results to show the material was useable. The employee refused to take any of these actions.
Additionally, in July 2020, as work by Barletta was beginning on the Pawtucket Commuter Bus Hub and Commuter Rail Station, Ferreira sent a crew to the Pawtucket project to clear shrubs, demolish concrete, and install fencing. Despite being aware that removal of dirt was not permitted pursuant to a Construction Soils Management Plan established for the project, Ferreira instructed the workers to remove several feet of soil and transport it to the 6/10 Project. It was later learned that 52 truckloads of soil were removed from the site, and that 6 loads, or approximately 265 cubic yards, were direct dumped at two locations at the 6/10 Project. Ferreira caused false statements to be made to RIDOT regarding the movement of the soil, and at one point told a RIDOT inspector, “I can do whatever I want.”
Ferreira pleaded guilty on December 14, 2022, to three counts of making a false statement in connection with a federally funded highway project. He was sentenced today by U.S. District Court Chief Judge John J. McConnell, Jr., to one year probation and ordered to pay a fine of $40,000.
The majority of the material Ferreira caused to be brought to the 6/10 Project is beneath the roadways and RIDOT, in consultation with RIDEM, has not asked for further remediation at the site.
The United States separately entered into a Non-Prosecution Agreement with Barletta in connection with the false statements that were made to the Federal Highway Administration and RIDOT. These statements were meant to conceal the fact that Barletta had imported regulated material in violation of the SMMP, which was part of the contract governing the 6/10 Project. Under the Agreement, Barletta accepted responsibility for the actions of its employees and admitted to the facts that constitute making false statements in connection with a federally funded highway project. In addition to paying a $500,000 criminal fine, the agreement required Barletta to implement ongoing monitoring, reporting, and compliance measures for a period of three years; failure to comply with these conditions will make the company subject to prosecution for the conduct set forth in an agreed-upon Statement of Facts.
Additionally, Barletta has entered into a False Claims Act settlement that resolved allegations that the company knowingly submitted claims for payment for work on the project in connection with the movement of dirt that did not comply with contract requirements, in violation of the federal and Rhode Island state False Claims Acts. Barletta paid $1,000,000 to the government, representing more than twice the government funds paid as a result of the relevant claims.
Assistant U.S. Attorneys Dulce Donovan and Bethany Wong handled the prosecution and litigation of these matters.
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Providence Resident Admits to Trafficking Fentanyl and MethamphetamineRead the Press Release
PROVIDENCE – A Providence man admitted to a federal judge on Tuesday that he possessed nearly 449 grams of methamphetamine and 64 grams of fentanyl that was intended for distribution, announced United States Attorney Zachary A. Cunha.
According to information presented to the court, John Walker, 51, was detained by a member of the DEA Drug Task Force on March 3, 2022, moments after he left his Providence residence- a location where, as he acknowledged to a federal judge, he had just sold an individual a small amount of methamphetamine.
According to information presented to the court, at the time of his arrest, Walker was found to be in possession of approximately 59 grams of methamphetamine and $5,902 in cash. Walker told agents that he had additional narcotics inside an apartment that he described as a “drug den,” and provided them with a door code to enter the residence and directions as to where the drugs would be found.
Inside the apartment, DEA personnel located and seized approximately 449 grams of methamphetamine and approximately 64 grams of fentanyl.
Walker pleaded guilty on Tuesday to a charge of possession with intent to distribute more than 50 grams of methamphetamine and to a charge of possession with intent to distribute 40 grams or more of fentanyl. He is scheduled to be sentenced on September 19, 2023. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorneys Paul F. Daly, Jr., and G. Michael Seaman.
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Providence Man Sentenced for Role in Counterfeit Check SchemeRead the Press Release
PROVIDENCE – A Providence man who willingly participated in a bank fraud scheme that obtained the bank routing and account information of unsuspecting individuals, and later used that information to create and deposit counterfeit checks and withdraw funds, has been sentenced to two years in federal prison, announced United States Attorney Zachary A. Cunha.
In pleading guilty to charges of conspiracy to commit bank fraud and bank fraud, Julio Ariza, 27, previously admitted to a federal judge that from approximately October 28, 2020, to November 4, 2020, he arranged for, and coordinated the deposit of ,at least seven counterfeit checks, with the intent to defraud banks out of $102,694.38.
According to information presented to the court, Ariza recruited individuals to allow counterfeit checks to be deposited into their accounts; deposited counterfeit checks into those accounts; and aided and abetted in the withdrawal of funds from those accounts.
Ariza was sentenced by U.S. District Court Judge William E. Smith on June 8, 2023, to 24 months on incarceration to be followed by three years of supervised release. Ariza was ordered to pay restitution to banks totaling $22,976.21, which reflected the actual loss to banks due to his criminal conduct.
A co-defendant in this matter, Nestor Concepcion, 27, of Johnston, similarly charged, pleaded guilty on January 21, 2022, and was sentenced on April 25, 2022, to sixteen months of incarceration to be followed by four years of federal supervised release. Concepcion admitted to the court that the intended loss to banks due to his criminal conduct totaled $71,717.77.
The case was prosecuted by Assistant United States Attorney Ly T. Chin.
The matter was investigated by the United States Postal Inspection Service.
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Rhode Island Priest Admits to Federal Child Pornography ChargeRead the Press Release
PROVIDENCE – Father James W. Jackson, a Rhode Island priest previously assigned to St. Mary’s Church in Providence, pleaded guilty in federal court in Rhode Island today to a charge of receipt of child pornography, admitting to a federal judge that he downloaded files of child sexual abuse using a peer-to-peer-file-sharing network, announced United States Attorney Zachary A. Cunha.
According to information presented to the court, in September 2021, an East Providence Detective assigned to the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force identified an IP address assigned to the rectory at St. Mary’s Church that was being utilized to share files of child sexual abuse material.
A court-authorized search of a computer and digital device located in a church rectory bedroom utilized by Father Jackson was found to contain images and videos of child sexual abuse, including multiple images involving prepubescent females, some of which involved acts of bestiality and sadomasochism. A forensic audit of the devices subsequently identified over 12,000 images and 1,300 videos of child pornography.
The defendant, charged by way of a federal criminal complaint and arraigned in U.S. District Court in Providence on November 3, 2021, was later released while awaiting trial to the custody of his sister, who resides in Kansas.
In June 2022, members of the Kansas ICAC identified a computer sharing child pornography via a peer-to-peer network. Through investigation, the IP address was traced to the residence in Kansas where Father Jackson was staying. Acting on a court-authorized search warrant, members of the Kansas ICAC seized a portable computer and an external hard drive from Jacksons bedroom; an analysis of the storage device revealed evidence that numerous files with names indicative of child sexual abuse material had been deleted.
Father Jackson was returned to Rhode Island and ordered detained while awaiting trial on charges filed in U.S. District Court, charges which were brought based on the initial investigation by the Rhode Island ICAC. He pleaded guilty today in that matter to a charge of receipt of child pornography. He is scheduled to be sentenced on September 11, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorneys John P. McAdams and Kevin L. Hubbard. U.S Attorney Cunha expressed appreciation for the efforts of the Overland Park, Kansas Police Department and the Kansas ICAC.
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Rhode Island Beef Slaughterhouse, Owner Admit to Violating the Federal Meat Inspection ActRead the Press Release
PROVIDENCE – A Johnston, RI, beef slaughterhouse and an owner of the company have admitted to a federal judge that they committed fraud when they claimed that product they processed and suppled to customers had been federally inspected and passed as required under the Federal Meat Inspection Act (FMIA) when, in fact, it had not, announced United States Attorney Zachary A. Cunha.
Rhode Island Beef and Veal and one of its owners, Michael A. Quattrucci, pleaded guilty to charges of defrauding customers by claiming that beef had been inspected under the FMIA, as well as by preparing beef without complying with inspection requirements of the FMIA. Rhode Island Beef and Veal also pleaded guilty to a charge of defrauding customers by use of an official inspection mark of the Secretary of Agriculture without authorization.
According to information presented to the court, on August 20, 2019, the United States Department of Agriculture (USDA) Food Safety Inspection Service served RI Beef and Veal with a notice of suspension and withdrew its inspector.
Eight days after the suspension was imposed and the inspector was withdrawn, a USDA supervisor visited the plant and found employees packing various cuts of meat and applying USDA marks of inspections to the meat. Additionally, packaged meat with USDA stickers attached was found stored in five bins. No inspector was present, as is required by law for these marks to be applied.
A day later, a USDA investigator visited the slaughterhouse and took photos of the illegally marked packages of beef that had been retained from the day before; he also noted 224 pounds of unmarked ground beef and a 594-pound half carcass of beef that had been freshly cut into primal parts for delivery to a customer in Connecticut who supplies meat products to restaurants.
Michael Quattrucci is scheduled to be sentenced on July 26, 2023; Rhode Island Beef and Veal is scheduled to be sentenced on September 7, 2023. The defendants’ sentences will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorneys Zechariah Chafee and Dulce Donovan..
The matter was investigated by the USDA Food Safety and Inspection Service.
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Convicted Felon Who Illegally Possessed Ghost Guns, Ammunition, and Silencers Sentenced to Federal PrisonRead the Press Release
PROVIDENCE – A West Greenwich man who was previously convicted and incarcerated on state felony firearm charges and who was later found by federal agents to be illegally in possession of firearms and parts to make – and stockpile – a collection of un-serialized, privately made firearms, also known as “ghost guns,” along with silencers and thousands of rounds of ammunition, was sentenced on Wednesday to three years in federal prison, announced United States Attorney Zachary A. Cunha.
Walter Garbecki, 38, previously admitted to a federal judge that, between March and July 2022, when he was unable to lawfully purchase firearms and ammunition from federally licensed firearms dealers due to previous felony convictions, he used various websites to purchase, firearm triggers and so-called “lower parts kits” to construct Glock-style pistols. Garbecki also ordered 2,480 rounds of ammunition, including 800 rounds of hollow point ammunition; firearm magazines and pistol holsters; and firearm maintenance supplies from the websites.
“Whether they are purchased, stolen, or manufactured at home from an internet-ordered kit, federal law is clear: firearms do not belong in the hands of felons, and we will work tirelessly to take them, and the criminals who carry them, off of our streets,” remarked U.S. Attorney Cunha. “I commend our federal partners at the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Postal Inspection Service for their superb investigative efforts to keep Rhode Island communities safe.”
Garbecki pleaded guilty in U.S. District Court on March 2, 2023, to charges of being a felon in possession of a firearm, being a felon in possession of ammunition, and possession of firearm mufflers or silencers. He was sentenced today by U.S. District Court Chief Judge John J. McConnell, Jr., to thirty-six months of incarceration to be followed by three years of federal supervised release.
At the government’s request, items seized from Garbecki’s home on September 20, 2022, by agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Postal Inspection Service, including four fully functioning ghost guns and two in various stage of assembly; three silencers; approximately 1,500 rounds of ammunition; and various parts and kits used to assemble “Ghost Guns,” have been forfeited to the government, and will be destroyed.
“When individuals illegally manufacture firearms because they are unable to purchase them legally, ATF will continue to pour our resources into stopping these crimes in their tracks,” said ATF Special Agent in Charge James Ferguson.
“Walter Garbecki’s three-year sentence should serve as a warning to those who intend to misuse the U.S. Mail for this type of criminal activity,” said Inspector in Charge Ketty Larco-Ward, Boston Division of the U.S. Postal Inspection Service. “The collaborative efforts and dedication of the Postal Inspectors, Special Agents of the ATF, and the U.S. Attorney’s Office resulted in bringing Garbecki to justice. The U.S. Postal Inspection Service remains vigilant, pursuing criminals like Garbecki to ensure the public's trust in a safe and secure mail system.”
According to state court records Garbecki was convicted in 2019 in Rhode Island state court on charges of sale or possession of silencers; unlawful devices attached to a semi-automatic weapon allowing automatic fire; possession of a firearm while delivering or manufacturing a controlled substance; and drug trafficking. In that matter, law enforcement seized, among other items, an AR-15 style rifle that Garbecki modified to allow it to fire automatically; a Taurus .40 caliber handgun; three shotguns; seven rifles; a homemade firearm silencer; and cocaine and drug trafficking paraphernalia.
The current federal case was prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
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Massage Envy Agrees to Address Alleged Americans with Disabilities Act Violations in All Franchised Locations NationwideRead the Press Release
PROVIDENCE – Massage Envy Franchising, LLC, and ME SPE Franchising, LLC (“Massage Envy”) have entered into a settlement agreement with the United States Attorney’s Office for the District of Rhode Island, requiring the company to change policies at all of its franchised locations nationwide in order to provide reasonable accommodations to individuals with disabilities, announced United States Attorney Zachary A. Cunha. There are approximately 1,100 Massage Envy franchised locations in 49 states, including five in Rhode Island.
The agreement follows an investigation initiated by the U.S. Attorney’s Office for the District of Rhode Island after receiving allegations that Massage Envy franchisees had violated the Americans with Disabilities Act (ADA) when they discriminated against individuals with disabilities who, because of their disability, needed assistance transferring to and from massage/facial tables.
“For more than thirty years, the Americans with Disabilities Act has made one thing emphatically clear: places of public accommodation have a duty to accommodate everyone, regardless of disability,” said U.S. Attorney Cunha. “When businesses open their doors to the public, they have an obligation to make their services accessible, and when they do not meet that obligation, we will act. I am pleased that, with today’s agreement, Massage Envy has taken comprehensive steps to ensure that customers can access these facilities not only in Rhode Island, but across the nation.”
One such complaint came from an individual who needed assistance transferring to and from a massage table, on account of vision and mobility disabilities. A manager at the Massage Envy franchise location in Providence, Rhode Island, informed her that a corporate policy prohibited employees from providing transfer assistance, and that the individual would need to bring in a third-party to assist her. The investigation revealed that Massage Envy had a policy that required all franchisees to require customers to bring in a friend, family member or other helper if they needed assistance with getting on or off the table.
Under the settlement agreement, Massage Envy will end their policy of prohibiting staff from providing transfer assistance to people with disabilities, and will develop new ADA policies, which will be included on its website and posted at all franchised locations. Massage Envy will also report any future complaints and has agreed to cooperate with the U.S. Attorney’s Office to ensure ongoing compliance with the terms of the settlement agreement. Massage Envy will also pay a settlement of $10,000 to the individual who was denied transfer assistance at the Providence location.
The matter was litigated by Assistant U.S. Attorney Amy R. Romero with assistance from Assistant U.S. Attorney Bill C. Solomon from the District of Arizona
The Department of Justice has a number of publications available to assist entities in complying with the ADA. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD). Any member of the public who wishes to file a complaint alleging that a place of public accommodation or public entity in Rhode Island is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at (401) 709-5000 or by email at [email protected].
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massage_envy_ada_settlement_agreement.pdfProvidence Woman Admits to Receiving and Storing Fentanyl and Cocaine Intended for DistributionRead the Press Release
PROVIDENCE – A Providence woman today admitted to a federal judge that she participated in a drug trafficking conspiracy and was paid by co-conspirators to accept and store multiple shipments of fentanyl and cocaine shipped through the United Parcel Service and Federal Express, announced United States Attorney Zachary A. Cuna.
Rosangeles Bueno, 42, admitted that over a six-week period beginning in early February 2022, she received and stored multiple packages containing a total of 2.23 kilograms of fentanyl and multiple packages containing quantities of cocaine.
Bueno admitted that she regularly communicated with co-conspirators about the shipments and storage of drugs and the storage of and materials and supplies used to package and distribute controlled substances, including a press and molds for packaging, scales, baggies, and masks.
Bueno pleaded guilty to charges of conspiracy to distribute and to possess with intent to distribute fentanyl; possession with intent to distribute fentanyl; and possession with intent to distribute cocaine. She is scheduled to be sentenced on September 7, 2023. The defendants’ sentences will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton.
The matter was investigated by Homeland Security Investigations, with the assistance of the DEA, Warwick Police Department, Newport Police Department, Central Falls Police Department, and Providence Police Department.
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Providence Man Admits to Possessing Cocaine with Intent to DistributeRead the Press Release
PROVIDENCE – A Providence man is scheduled to be sentenced in August after admitting to a federal court judge that, in November 2021, he took possession of a package that contained more than a half kilogram of cocaine that was mailed from Puerto Rico and was addressed for delivery to a Providence residence, announced United States Attorney Zachary A. Cunha.
Jose Fuentes, 32, pleaded guilty on May 23, 2023, to a charge of possession of cocaine with the intent to distribute.
According to information presented to the court, in November of 2021, as part of a narcotics trafficking investigation, the United States Postal Inspection Service and the FBI Rhode Island Safe Streets Task Force identified a suspicious package that had been sent through the mail from Puerto Rico to Providence. During the investigation, a Rhode Island State Police canine trained to alert law enforcement to the presence of narcotics was brought in to check the package and alerted its handler with a positive indication that the package contained narcotics. A court-authorized search of the package and subsequent testing revealed that the package contained 560 grams (.56 of a kilogram) of cocaine, packed inside a Lego box.
Court records show that someone, using a cell phone associated with Fuentes, made at least two calls to the post office seeking information about the location of the most recently shipped package. The caller was told that he would have to claim the package in-person. When Fuentes arrived at the post office and took possession of the package on November 4, 2021, he was arrested and the cocaine was seized by law enforcement.
Fuentes is scheduled to be sentenced on August 29, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorney Stacey A. Erickson.
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Rhode Island Man Sentenced on Felony Charge for Actions During Jan. 6 Capitol BreachRead the Press Release
Press release issued by the United States Attorney's Office for the District of Columbia
WASHINGTON - A Rhode Island man was sentenced today on a felony charge for his actions during the breach of the U.S. Capitol on Jan. 6, 2021. His actions and the actions of others disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the 2020 presidential election.
Bernard Joseph Sirr, 47, of North Kingstown, Rhode Island, was sentenced to two months in prison, followed by 12 months of probation with six months of home confinement, and restitution of $2,000 for assaulting resisting, or impeding law enforcement officers and obstruction of an official proceeding. He pleaded guilty on January 27, 2023 in the District of Columbia.
According to court documents, on Jan. 6, Sirr was among rioters who illegally entered the Capitol grounds. He joined a line of rioters that was engaged in a confrontation with law enforcement officers in the tunnel area of the Lower West Terrace. At approximately 3:08 p.m., Sirr entering the tunnel area of the Lower West Terrace and joined rioters in assaulting officers at the front of the police line that law enforcement was using to push against the rioters who were assaulting them. Video showed Sirr pushing against the police line with his hand pressed against a police shield and participating in a struggle with a group of rioters as they moved together as a team against law enforcement. At 3:14 p.m., Sirr exited the tunnel and reappeared an hour later, at the Lower West Terrace doorway, joining with other rioters who were pushing against police officers before being ejected from the tunnel area.
Sirr was arrested on June 29, 2022 in North Kingstown, RI.
The U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section prosecuted the case with valuable assistance provided by the U.S. Attorney’s Office for the District of Rhode Island.
The case was investigated by the FBI’s Boston Division and its Providence Resident Agency. Valuable assistance was provided by the FBI’s Washington Field Office, the Rhode Island State Police and North Kingstown Police Department along with the U.S. Capitol Police, and the Metropolitan Police Department.
In the 28 months since Jan. 6, 2021, more than 1,000 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
Warwick Woman Admits Role in Methamphetamine Trafficking ConspiracyRead the Press Release
PROVIDENCE – A thirty-eight-year-old Warwick woman today admitted to a federal judge that she participated in a conspiracy to distribute methamphetamine during which, on at least ten occasions, she sold crystal meth to others, announced United States Attorney Zachary A. Cunha.
According to information presented to the court, between March and June 2021, Wendy Greene sold a total of 447 grams of crystal meth to various individuals. Greene personally sold the drugs on nine occasions while being surveilled by members of the FBI’s Rhode Island Safe Streets Gang Task Force. On at least one occasion, she enlisted another individual to make the delivery.
Appearing in U.S. District Court, Greene pleaded guilty to a charge of conspiracy to distribute and to possess with intent to distribute methamphetamine. She is scheduled to be sentenced on August 22, 2023. The defendant’s sentence will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorney Christine D. Lowell.
The matter was investigated by the Rhode Island FBI Safe Streets Gang Task Force, with significant assistance provided by the Warwick Police Department.
The Rhode Island FBI Safe Streets Gang Task Force consists of agents and law enforcement officers from the FBI, United States Marshals Service, Central Falls Police Department, Cranston Police Department, Pawtucket Police Department, Providence Police Department, West Warwick Police Department, Woonsocket Police Department, and Rhode Island State Police.
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Registered Sex Offender Arrested on Child Pornography ChargeRead the Press Release
PROVIDENCE – A registered sex offender living in Woonsocket made an initial appearance in federal court on Friday, charged by way of a criminal complaint with possessing and accessing with intent to view child pornography, announced United States Attorney Zachary A. Cunha.
According to documents filed with the court, a member of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force received information from the National Center for Missing and Exploited Children that an IP address, later determined to originate from a Woonsocket residence where Matthew S. Hathaway, 25, resided, was allegedly being used to possess and transfer child pornography.
On March 16, 2023, members of the ICAC Task Force executed a court-authorized search warrant at Hathaway’s residence and seized a desktop computer and cell phone belonging to Hathaway. A forensic audit of the electronic devices by Homeland Security Investigations determined that the devices allegedly contained 7,984 images and 192 videos of child sexual abuse material.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney Dulce Donovan.
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Dominican National Admits Role in Drug Trafficking ConspiracyRead the Press Release
PROVIDENCE – A Dominican National, who has resided in both Rhode Island and New Jersey, today admitted to a federal court judge in Providence that he participated in a drug trafficking conspiracy that trafficked cocaine into Rhode Island via the U.S. Postal Service, announced United States Attorney Zachary A. Cunha.
Patri Hiciano Felix, 25, admitted that, as a member of a criminal drug conspiracy, he worked with others to have parcels of cocaine shipped via U.S. Priority Mail from Puerto Rico to addresses in Rhode Island. Hiciano also admitted that he coordinated with co-conspirators for the retrieval of the parcels of cocaine, including a parcel that contained 1,070 grams of cocaine that was sent to a residence in Johnston and was scheduled for delivery in March 2022.
Appearing in U.S. District Court, Hiciano pleaded guilty to a charge of conspiracy to distribute and possession with intent to distribute cocaine. He is scheduled to be sentenced on August 22, 2023. The defendant’s sentences will be determined by a federal judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton, with the assistance of Assistant U.S. Attorney Milind M. Shah.
The matter was investigated by the United States Postal Inspection Service.
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U.S. Resolves Civil Claims Against Medical Device Manufacturer for Falsely Claiming that Chinese Components Sold to the Federal Government Were American MadeRead the Press Release
PROVIDENCE – The United States has resolved civil claims against a Massachusetts medical device manufacturer for selling Chinese-made products to the federal government that were required by law to have been made in America, announced United States Attorney Zachary A. Cunha.
The civil settlement, reached with Zoll Medical Corporation, a supplier of medical devices and related technology that is headquartered in Chelmsford, Massachusetts, follows an investigation into allegations that, between January 2019 and November 2022, Zoll sold electrocardiogram cables (“ECG”), which are used with defibrillators and cardiac monitors, to federal government purchasers, including the U.S. Department of Defense, despite knowing that the cables were manufactured in China, rather than the United States. Under the federal Trade Agreements Act, goods sold to the military or federal government purchasers must be made in America or certain designated foreign countries; China is not such a country.
In addition, the government alleges that, in January of 2019, Zoll inaccurately represented to government officials that replacement ECG cables offered by Zoll to federal government purchasers had, in fact, been manufactured in the United States.
This settlement marks the third civil resolution obtained by the District of Rhode Island since 2022 that involves allegedly false representations concerning foreign-manufactured goods that were passed off to government purchasers as American-made; it also follows two successful criminal prosecutions by this office, individuals who had various roles in a conspiracy that directed the development, manufacture, and importation of $20 million worth of Chinese-made counterfeit U.S. military uniforms and gear that were passed off as genuine American-made products and sold to the U.S. government.
“When corporations choose to supply the American military and American government agencies with goods, the law is clear: we expect those goods to be American made,” said U.S. Attorney Cunha. “When companies fail in their legal duty by substituting foreign products for the U.S-origin goods that the law requires, we will hold them accountable.”
Under the terms of a civil settlement agreement with the United States, Zoll will pay $400,000 to the federal government to resolve claims based on this conduct under the common law doctrines of payment by mistake and breach of contract.
These allegations were brought to the government’s attention by Jing Zhang, a former Zoll employee, who filed a qui tam complaint on behalf of the United States in May of 2019, alleging that Zoll violated the False Claims Act. After an extensive investigation of the whistleblower’s allegations, the government has entered into its settlement of common law claims with Zoll as an alternate remedy under the False Claims Act.
Assistant U.S. Attorneys Bethany Wong and Dulce Donovan litigated the matter.
The case was investigated by the Food and Drug Administration Office of Criminal Investigations, Rhode Island Task Force; Department of Defense Office of Inspector General, Defense Criminal Investigative Service; Naval Criminal Investigative Service, Northeast Field Office; Army Criminal Investigation Division, Major Procurement Fraud Field Office; Air Force Office of Special Investigations, Procurement Fraud Detachment 6; Department of Veterans Affairs Office of Inspector General, Criminal Investigations Division, Northeast Field Office; Department of Homeland Security Office of Inspector General; and U.S. Dept. of Health and Human Services, Office of Inspector General, Boston Field Office.
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zoll_settlement_agreement.pdf