District of Rhode Island
Press releases recorded for this federal judicial district.
Guatemalan National Pleads Guilty to Illegal Re-entry into the United States, Failing to Register as a Sex OffenderRead the Press Release
PROVIDENCE, RI – A Guatemalan national pled guilty today in U.S. District Court in Providence to charges of failing to register as a sex offender and re-entry after deportation, announced Acting United States Attorney Sara Miron Bloom.
Nelson Leonel Yocute Samayoa, 34, was convicted in 2014 in Rhode Island state court on a charge of second-degree sexual assault, after which he was ordered to register as a sex offender and was deported.
According to information presented to the court, after being deported, Yocute returned to the United States illegally and lived and worked in Newport for approximately nine years. Additionally, Yocute failed to comply with the obligation that he register as a sex offender, as mandated by his 2014 sentence.
Mr. Yocute has been detained since his arrest in this latest matter on May 14, 2024. He is scheduled to be sentenced on June 12, 2025. The sentence imposed will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors. He will also face deportation proceedings for a second time.
The case is being prosecuted by Assistant United States Attorney Denise M. Barton.
The matter was investigated by the Newport Police Department, with the assistance of Homeland Security Investigations and the United States Marshals Service.
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British National Indicted in Organized Multi-state Fraud and Money Laundering SchemeRead the Press Release
PROVIDENCE – A British national from Northern Ireland illegally in the United States has been indicted by a federal grand jury in Rhode Island for participating in a multi-state construction and money laundering fraud scheme, announced Acting United States Attorney Sara Miron Bloom.
The indictment charges Elijah Gavin a/k/a Timothy O’Reilly a/ka/ Elijah Thomas, 29, with wire fraud conspiracy, wire fraud, and money laundering.
Court documents allege as follows:
- Gavin and other co-conspirators are purported to be associated with the so-called Traveling Conmen Fraud Group (Conmen Travelers), a group recognized by the Federal Bureau of Investigation’s Terrorist Screen Center as a Transnational Organized Crime (TCO) group.
- According to the FBI’s Terrorist Screening Center, Conmen Travelers are groups of Irish or U.K. nationals who entered the United States on pleasure or tourist visas and overstayed their visits or, more commonly, entered the United States illegally. Once in the United States, they go to different cities and states, soliciting construction work. The members often quote a low price, and then, after further inspection, demand much more money and/or convince the homeowner that their homes or business are in need of major repairs. Conmen Travelers often hire day laborers; do not have work authorization documents or pull permits; and do low quality, unnecessary, or incomplete work, sometimes damaging homeowners’ residences.
- Gavin and his co-conspirators defrauded property owners in Rhode Island, Massachusetts, New Jersey, and New York of over one million dollars. They did this by, among other things, misrepresenting to property owners who they are, the qualifications of their construction businesses, and construction needs or repairs required on properties.
- Gavin and his co-conspirators formed and used multiple construction businesses and falsely represented the business’ status, experience, and quality of work; falsely represented their identities and skills to homeowners; and made false representations to property owners regarding the condition of their properties, work they would perform, and the machinery, materials, and equipment needed to perform work.
- As part of this conspiracy, Gavin and his co-conspirators collected funds for work that was not needed, was incomplete, and in some instances when no work was performed.
- Additionally, these co-conspirators billed property owners and collected funds for equipment that was not needed or used.
- Monies collected through this conspiracy were deposited into bank accounts controlled by co-conspirators or transferred to other individuals who laundered the fraudulently obtained monies.
- The victims of this scheme included a 78-year-old Rhode Island woman who was fraudulently induced to pay over $850,000 for unnecessary foundation and basement repairs, including in checks written to Gavin and others.
Gavin has been detained in federal custody since his arrest in New Jersey on January 29, 2025. He is scheduled to be arraigned on the indictment in U.S. District Court in Providence on March 10, 2025. 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 Attorneys Sandra R. Hebert and Taylor A. Dean.
The matter is being investigated by Homeland Security Investigations, Rhode Island State Police, and U.S Diplomatic Security Service.
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elijah_gavin_indictment.pdf criminal_complaint.pdfRhode Island Man Admits to Possessing Multiple Machine Guns and Unregistered FirearmsRead the Press Release
PROVIDENCE – A Florida man who frequently resided in Coventry, RI admitted to a federal judge today that he illegally possessed a semi-automatic weapon modified to function as a fully automatic machine gun, announced Acting United States Attorney Sara Miron Bloom.
Joshua Pavao, 44, pleaded guilty in U.S. District Court in Providence to a charge of possession of a machine gun and a charge of possession of an unregistered firearm. The unregistered firearm was also modified to be a machine gun and had a barrel length of 10 and 5/8 inches, substantially less than the 16 inches required by law.
In December 2023, Pavao engaged East Providence Police in a high-speed car chase that resulted in multiple motor vehicle crashes as they were investigating a report of shots fired. Pavao fled on foot from his vehicle but was quickly apprehended. During the chase officers discovered a total of three loaded firearms and a multitude of ammunition and loaded pistol magazines from inside the vehicle, spilled out onto the roadway, and in a bag Pavao stashed near a residence.
Shortly after Pavao’s arrest, Coventry Police Department and East Providence Police Department Detectives and ATF agents executed a court-authorized search of a duffle bag belonging to Pavao that was stored inside a garage at the Coventry residence where Pavao was staying. From inside the duffle bag, law enforcement seized eight long guns, four of which were outfitted with an auto sear machine gun conversion device rendering them machine guns.
Pavao is scheduled to be sentenced on June 5, 2025. The sentence imposed 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 United States Attorney Paul F. Daly, Jr.
The matter was investigated by the East Providence Police with valuable assistance from Coventry Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Providence Woman Sentenced in Conspiracy to Smuggle Contraband Inside the Wyatt Detention CenterRead the Press Release
PROVIDENCE – A Providence woman who previously admitted to a federal judge that she provided contraband that made its way into the Wyatt Detention Center in Central Falls, RI, was sentenced today to two years of federal supervised release, the first six months to be served in home detention with GPS monitoring, and fined $1,500, announced Acting United States Attorney Sara Miron Bloom.
Yahaira Cristina Contreras, 32, admitted that in early 2021, she conspired with others to provide 201 suboxone strips containing buprenorphine that made its way to a Wyatt Detention Center correctional officer and into the facility. Contreras admitted that she provided the contraband and that she transferred $3,000 from her bank account to another person’s account to facilitate getting the suboxone strips inside the Wyatt Detention Center.
Contreras’ sentence was imposed by U.S. District Court Judge Melissa R. DuBose.
Former Wyatt Detention Center correctional officer Kaii Almeida-Falcones, 30, of Smithfield, pleaded guilty on June 10, 2024, to a charge of providing contraband to an inmate. He was sentenced on November 19, 2024, to six months in federal prison to be followed by twenty-four months of federal supervised release - the first six months to be served on home confinement.
The cases were prosecuted by Assistant United States Attorney Ly T. Chin.
The matter was investigated by the FBI, the United States Marshals Service, the U.S. Department of Justice, Office of Inspector General, and the Professional Standards Unit at the Wyatt Detention Center.
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U.S. Attorney’s Office Collects Nearly Ten Million Dollars in Civil and Criminal Actions in Fiscal Year 2024Read the Press Release
PROVIDENCE – Acting U.S. Attorney Sara Miron Bloom announced today that the District of Rhode Island collected $9,912,376.35 in criminal and civil actions in Fiscal Year 2024. Of this amount, $774,398.92 was collected in criminal actions and $9,137,977 was collected in civil actions.
Additionally, the District of Rhode Island worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $19,261,980.72 in cases pursued jointly by these offices. Of this amount, $2,460.50 was collected in criminal actions and $19,259,520.22 was collected in civil actions.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in Rhode Island, working with partner agencies and divisions, collected $1,129,404 in asset forfeiture actions in FY 2024. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
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Providence Man Admits to Role in Bank Fraud ConspiracyRead the Press Release
PROVIDENCE – A Providence man has admitted to a federal judge that he participated in a conspiracy to defraud banks by creating and depositing tens-of-thousands of dollars’ worth of bogus checks, announced Acting United States Attorney Sara Miron Bloom.
Jarrod Smith, 43, pleaded guilty on Tuesday to a charge of conspiracy to commit bank fraud.
Smith admitted to the court that he engaged in a fraud scheme that used information from stolen checks, primarily business checks, to create bogus checks that were then deposited into bank accounts of individuals that he or other members of the conspiracy recruited and enticed, often times via social media. Shortly after the checks were deposited, Smith or another member of the conspiracy withdrew the proceeds from the bank accounts. As part of the conspiracy, the person’s whose bank account was used was also paid for the use of their bank account.
Smith is scheduled to be sentenced on August 19, 2025. The defendant’s sentence 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 United States Attorneys Christine Lowell and Taylor Dean.
The matter was investigated by the Federal Bureau of Investigation.
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Zachary A. Cunha Concludes His Service as United States AttorneyRead the Press Release
PROVIDENCE – Zachary A. Cunha announced today that he has stepped down from his position as United States Attorney for the District of Rhode Island, effective immediately, after receiving notification from the White House that the President has directed him to do so. Mr. Cunha previously tendered a letter of resignation to the President and the Attorney General on February 7, 2025, in which he indicated his intent to leave office at the end of this week. U.S. Attorney Cunha made the following statement:
I am deeply grateful to Senators Reed and Whitehouse for recommending my nomination to the White House, and to President Biden for his trust and confidence in appointing me to serve this extraordinary District and its citizens as United States Attorney. I have worked hard every day to live up to the example of excellence set by my thirty-eight distinguished predecessors over the 235-year history of this Office, and it has been the honor of my career to do this job.
Over the three years that I have had the high privilege to serve as U.S. Attorney, it has been my constant goal to make sure that the work of this District punched far above the weight that our compact geography and small staff might imply. By every measure, the men and women of this Office have met that goal, again and again, across every category in which we prosecute and litigate on behalf of the people of the Ocean State.
In the face of a persistent opioid crisis, and the scourge of fentanyl that has cost countless lives, this Office prosecuted the largest illegal pill seizure in the United States, and brought suit against the nation’s largest pharmacy chain for creating a culture of noncompliance that allowed countless improper opioid prescriptions to flow out into our communities. Recognizing the complexity of this crisis, we have prosecuted criminals who prey on our neighbors struggling in recovery, while at the same time partnering with public health authorities to make sure that those same vulnerable victims have access to the care they need, and we have worked tirelessly to present an innovative, effective, and impactful anti-opioids education program in schools and community settings across Rhode Island.
At the same time, we have worked relentlessly to bring fraudsters to justice, because their crimes have devastating impacts on our family, friends, neighbors, towns and businesses. We have likewise remained focused on holding businesses and corporations who commit crimes accountable, and have worked to protect the federal taxpayer from fraud, waste, and abuse, including by ensuring that those who serve our nation in uniform are not put at risk by shoddy and counterfeit gear. And, because every American deserves safe and secure communities, we have taken a firm stand against violent crime, bringing the serious charges against those responsible for bringing the most deadly illegal weapons into our communities, while proceeding with resolve and fierce determination against those who prey on our most vulnerable community members: our children.This Office’s civil rights work stood up to ensure that every Rhode Islander can access fair lending and to ensure that children with behavioral disabilities have the chance to receive care in their communities, rather than spending months of isolation in a locked hospital ward; and we have stood resolute against acts of hatred and violence directed against our communities of faith, race, or ethnicity, while hosting more than fifteen United Against Hate conversations with over 800 of our fellow citizens across the state.
In these, and countless other areas, the men and women of the United States Attorney’s Office for the District of Rhode Island exemplify excellence in public service: acting always with integrity, in the best traditions of this Office and the Department of Justice, and driven by precisely those qualities that Attorney General Robert H. Jackson impeccably distilled, over eight decades ago, as the defining traits of a first-rate prosecutor: the ability to “temper[] zeal with human kindness, [the determination to] seek[] truth and not victims, [the unwavering commitment to] . . . serve[] the law and not factional purposes, and[, above all] [a resolution to] approach[] [the] task with humility.”[1]
I am profoundly proud of their work, and deeply humbled to have served with them.
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Zachary A. Cunha took the oath of office as United States Attorney for the District of Rhode Island on December 13, 2021, following his nomination by President Joseph R. Biden, Jr., and confirmation by the United States Senate. During his tenure as U.S. Attorney, he was also honored to be named to the Attorney General’s Advisory Committee, where he served alongside a small group of colleagues from across the nation who advised the Department’s senior leadership on matters of policy.
Mr. Cunha devoted the past twenty years of his career to public service with the Department of Justice, beginning as an Assistant United States Attorney in the Eastern District of New York (Brooklyn), before serving in the District of Massachusetts, and, for more than a decade, in the District of Rhode Island. In the course of his DOJ service before being appointed U.S. Attorney, he was named Chief of the Civil Division in the District of Rhode Island, and Chief and Deputy Chief of Affirmative Civil Enforcement in the District of Massachusetts, where he focused on civil and criminal health care fraud matters, litigation under the federal False Claims Act, and representation of the federal government’s interests at both the trial and appellate level. He began his legal career on September 10, 2001, when he was sworn in as an Assistant Corporation Counsel for the City of New York, representing the City and its officers in litigation in the U.S. District Courts for the Southern and Eastern Districts of New York. He is a graduate of Brown University (A.B., with honors, 1998) and the George Washington University Law School (J.D., with honors, 2001).
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[1] Robert H. Jackson, The Federal Prosecutor, 24 J. Am. Jud. Soc’y 18 (1940) (address at Conference of United States Attorneys, Washington, D.C., April 1, 1940).
Warwick Man Sentenced for Traveling with the Intent to Engage in Illicit Sexual ConductRead the Press Release
PROVIDENCE, RI – A Warwick man who previously admitted to a federal judge that he traveled to a local hotel via a commercial rideshare provider with the intent to have sex with a person he thought to be 13 years old was sentenced today to six years in federal prison, announced United States Attorney Zachary A. Cunha.
Zachary Q. Baker 39, admitted that on March 10, 2023, he responded to an online advertisement for escorts that contained images of what appeared to be two young females being offered for a “short visit” and a “little fun.” Baker engaged in a lengthy series of text messages with a person he believed was offering a 13-year-old and an 11-year-old for sex in exchange for a fee.
According to information presented to the court, after several hours of text messaging, Baker traveled to a local hotel via a rideshare where he met with the person he believed was arranging for a sexual encounter with one or both of the girls. The person with whom Baker was communicating and with whom he met was, in fact, a Homeland Security Investigations agent.
Baker was sentenced today by U.S. District Court Senior Judge William E. Smith to 72 months of incarceration to be followed by 10 years of federal supervised release. Baker pleaded guilty on July 9, 2024, to a charge of travel with intent to engage in illicit sexual conduct.
The case was prosecuted by Assistant United States Attorney Paul F. Daly, Jr.
The matter was investigated by Homeland Security Investigations.
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Charlestown Man Sentenced to Ten Years in Federal Prison Following A Fourth Conviction on Child Pornography ChargesRead the Press Release
PROVIDENCE – A Charlestown man convicted four times on child pornography charges has been sentenced to 10 years in federal prison, announced United States Attorney Zachary A. Cunha.
In this most recent case, Patrick K. Beattie, 39, admitted to a federal judge that beginning no later than in March 2023, he downloaded and stored hundreds of digital images and videos depicting child sexual abuse material that depicted minors, including prepubescent minors, engaged in sexually explicit conduct. Some of image and video files were downloaded from the dark web.
Court records reflect that Beattie was previously convicted and sentenced on child pornography charges in matters unrelated to this case in 2017, 2022, and 2023.
Beattie was sentenced today by U.S. District Court Judge Melissa R. DuBose to 120 months of incarceration to be followed by fifteen years of federal supervised release. Beattie pleaded guilty on October 21, 2024, to an indictment charging him with two counts of receipt of child pornography and one count of possession of child pornography. No plea agreement was filed in this matter.
The case was prosecuted by Assistant United States Attorneys Denise M. Barton and Christine D. Lowell.
The matter was investigated by Homeland Security Investigations, Charlestown Police, and the Rhode Island State Police Internet Crimes Against Children Task Force, with the assistance of the Rhode Island Department of Corrections Probation and Parole Unit.
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Career Offender Sentenced to Ten Years in Federal Prison for Distributing MethamphetamineRead the Press Release
PROVIDENCE – A 49-year-old former Rhode Island man whom court records reflect is a career offender who has spent nearly half of his life incarcerated, has been sentenced to a further ten years in federal prison for trafficking multiple kilos of methamphetamine into Rhode Island, announced United States Attorney Zachary A. Cunha.
Carl Sharp, 49, of Peoria, Arizona, who formerly resided in Rhode Island, was sentenced today by U.S. District Court Chief Judge John J. McConnell, Jr., to 120 months of incarceration to be followed by five years of federal supervised release. Sharp pleaded guilty on October 15, 2024, to a charge of distribution of 50 grams or more of methamphetamine.
Court records reflect that Sharp was previously convicted and incarcerated on unrelated charges involving, among other things: drug trafficking, domestic violence, and assault. Sharp also previously faced a murder charge, but was acquitted of that charge after a key witness in the case died.
According to court documents and information provided to the court in the current federal case, during an investigation into drugs being shipped through the U.S. Mail to Rhode Island from Western states, the United States Postal Inspection Service identified thirteen packages, six of which were mailed by Sharp. Court-authorized searches of three packages, two of which were mailed by Sharp, resulted in the seizure of a total of 4.44 kilograms of methamphetamine and 249 grams of cocaine.
One of the packages shipped by Sharp was sent to a Rhode Island residence that he had used previously for his drug trafficking activities, and another parcel was mailed to the residence of an unsuspecting 85-year-old woman who lived alone. After opening the package and finding nearly two kilos of meth wrapped in clothing inside the package, a man knocked on her back door looking for the package. The woman told the man that she did not have the package, and he left. She then brought the package to the post office.
A financial investigation into Sharp’s assets determined that between January 2022 and May 2024, he deposited over $320,000 in unexplained cash into his personal bank account.
The case was prosecuted by Assistant United States Attorney Sandra R. Hebert.
The matter was investigated by the United States Postal Inspection Service, with the assistance of the FBI.
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Central Falls Man Pleads Guilty to Bank Fraud ConspiracyRead the Press Release
PROVIDENCE – A Central Falls man, currently incarcerated in federal prison as the result of separate charges of being a felon in possession of ammunition, admitted to a federal judge today that, before his incarceration, he deposited stolen and/or fraudulent checks into multiple bank accounts that he controlled, announced United States Attorney Zachary A. Cunha.
Ryan DaCruz, 28, admitted that between February 2022 and May 2023, he opened bank accounts at four Rhode Island banks into which he then deposited checks totaling tens of thousands of dollars that had been stolen from the U.S. Mail stream by confederates.
According to information presented to the court, the stolen checks, most of which were third party business checks, appeared to have been “washed” so that the payee names could be changed to Ryan DaCruz, and then deposited into his accounts. The deposited funds were then rapidly depleted through cash withdrawals and/or money transfers.
When the banks recognized the deposited items as fraudulent, they closed the accounts, and DaCruz would then open a new account at a different bank. In some instances, the banks were able to stop payment on checks before the funds were completely depleted; in other instances, they were not. The intended loss to banks totaled approximately $46.000.
DaCruz pleaded guilty today to a charge of bank fraud conspiracy. He is scheduled to be sentenced on March 11, 2025. The defendant’s sentence will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
Federal court records reflect that in August 2024, DaCruz was sentenced to 24 months of incarceration, having been convicted in January 2024 in for being a felon in possession of ammunition.
The case currently before a U.S. District Court judge is being prosecuted by Assistant United States Attorneys John P. McAdams and Paul F. Daly, Jr.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Providence Police Department.
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Providence Man Pleads Guilty to Fentanyl Trafficking ChargeRead the Press Release
PROVIDENCE, RI – A Providence man who was the target of an FBI Safe Streets Task Force investigation into drug trafficking pleaded guilty on Tuesday in federal court to a charge of possession with intent to distribute fentanyl, announced United States Attorney Zachary A. Cunha.
According to charging documents and information presented to the court, a court authorized search of the Providence residence of Montrell Dennis, 34, on May 3, 2024, resulted in the discovery of several plastic baggies containing fentanyl and an assortment of other drugs. Toxicology reports of the seized narcotics indicate there were 29.4 grams of a mixture containing Fentanyl, Heroin, Cocaine, and Xylazine and 1.37 grams of crack cocaine. Multiple digital scales, multiple smartphones, and two firearms were also seized.
Dennis, who has been detained since his arrest on May 3, 2025, is scheduled to be sentenced on April 22, 2025. The defendant’s sentence 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 United States Attorneys Peter I. Roklan and Taylor A. Dean.
The matter was investigated by the FBI Rhode Island Safe Streets Gang Task Force.
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Guatemalan National Sentenced for Conspiracy and Illegal ReentryRead the Press Release
PROVIDENCE – A twice-deported Guatemalan national, described in court documents as being “the most consistent member” of an organized group of individuals that repeatedly stole high-end construction equipment, building supplies, and clothing from national retailer’s stores has been sentenced to 30 months in federal prison, after which he will be deported, having been convicted on charges of conspiracy to commit interstate transportation of stolen property and illegal re-entry into the United States, announced United States Attorney Zachary A. Cunha.
As described in court proceedings, Marvin Estuardo Morales De Paz, 30, of Cranston, was one of as many as a dozen members of a Rhode Island-based conspiracy of individuals who traveled to home improvement and clothing stores in at least five states to commit thefts, then transported the stolen merchandise to Rhode Island to sell. Morales was present for nearly every theft and set prices for, and directed sales of, the stolen items.
According to information presented to the court, the ring was involved in at least 35 documented thefts in Rhode Island, Massachusetts, Connecticut, Pennsylvania, and New Jersey. It is estimated that members of the conspiracy stole more than $280,000 worth of merchandise. Tens of thousands of dollars’ worth of stolen goods was recovered from Morales’s residence when he was arrested on April 11, 2024.
Morales was sentenced today by U.S. District Court Senior Judge William E. Smith to 30 months of incarceration to be followed by one year of supervised release. Morales will be turned over to ICE and faces deportation upon completion of his term of incarceration.
The case was prosecuted by Assistant United States Attorney John P. McAdams.
The matter was investigated by Homeland Security Investigations agents in Providence, with the assistance of HSI agents in Boston, and Allentown, Pennsylvania, and the Providence, Coventry, Warwick, Smithfield, and Johnston, RI Police Departments; Boston, Norwood, Bellingham, Marlboro, Seekonk, Avon, Auburn, MA Police Departments; Montville and Fairfield, CT Police Departments; and the Parkesburg, Downingtown, Lebanon, Wyomissing, and Reading, PA, Police Departments; Nashua, NH Police Department; and Marlboro, NJ Police Department.
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Second Defendant Admits His Role in ATM Skimming Bank Fraud ConspiracyRead the Press Release
PROVIDENCE – A second Romanian national has admitted to a federal judge in Rhode Island that he participated in a conspiracy that installed card skimming devices on bank ATMs in at least six states, including Rhode Island, announced United States Attorney Zachary A. Cunha.
Mario Demarco, a/k/a Marius Lupu a/k/a David Ademec, until recently residing in Queens, New York, pleaded guilty today to a charge of conspiracy to commit bank fraud. A co-defendant, Stefano Garioli, a/k/a Dumitru Bogdan Pancu a/k/a Leon Vutkus, also of Queens, New York, pleaded guilty on December 11, 2024, to the same charge.
According to information presented to the court, for more than two years, beginning in May 2022, the two men conspired together and with others to commit bank fraud by placing skimming devices on ATM machines in order to steal customer bank account information and PINs. The stolen information was used to clone counterfeit bank cards that were then used to fraudulently withdraw money from the bank accounts of unsuspecting customers.
The ATM skimmer conspiracy first came to the attention law enforcement on July 5, 2024, when a bank branch manager notified the Warwick Police Department that bank surveillance video had captured two men, later identified as the defendants, placing a skimming device inside a drive-up ATM. Nearby security video also captured images of the two men’s vehicle. The same vehicle was also identified as having been present two days earlier when a skimming device was placed inside an ATM at a North Kingstown bank branch.
On July 6, 2024, Cranston Police reported that a vehicle matching the one recorded by bank security cameras had been captured on a Flock camera in their city. Warwick Police responded to the area of the camera and located the vehicle. Demarco was detained as he walked away from a nearby ATM; Garioli was located sitting in the vehicle.
Further investigation determined that the two men had worked together and with others for more than two years placing skimmer devices on ATMs in Rhode Island, Massachusetts, Connecticut, New York, New Jersey, and Pennsylvania.
DeMarco and Garioli are scheduled to be sentenced on May 6, 2025. The defendants’ 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 United States Attorney Ly T. Chin.
The matter was investigated by Homeland Security Investigations with assistance from the Warwick, RI Police Department, Cranston, RI Police Department, East Greenwich, RI Police Department, North Kingstown, RI Police Department, East Providence, RI Police Department, Boston, MA Police Department, New York City Police Department, and the Stratford, CT Police Department.
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Rhode Island Woman Convicted in International Money Laundering SchemeRead the Press Release
PROVIDENCE – A woman who created a local business to launder millions of dollars of funds fraudulently obtained from scam victims was convicted today by a federal jury for money laundering conspiracy and multiple counts of money laundering, announced United States Attorney Zachary A. Cunha.
Jennifer O. Djan, 32, a Ghanian national residing in Pawtucket, RI, registered a business and opened multiple business bank accounts, which she then used to launder fraud proceeds, much of which made its way to individuals in the Republic of Ghana. Ms. Djan is scheduled to be sentenced on April 22, 2025. The jury reached its verdict after deliberating for approximately four-and-one-half hours that followed six days of testimony.
“By laundering money for a ring of scammers, this defendant played a critical role in helping fraudsters bilk innocent victims across the United States out of their hard-earned savings to enrich herself and her co-conspirators overseas,” remarked U.S. Attorney Zachary A. Cunha. “I am pleased that a federal jury had no problem seeing through her attempt at deception, and that today she faces the richly deserved conviction.”
“Jennifer Djan not only conspired with others who blatantly defrauded unsuspecting victims across the country who were looking for companionship and hoping for a better financial future, she tried to conceal her criminal cash flow by laundering millions of dollars through multiple bank accounts here in the U.S. and in Ghana,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “The FBI and our partners are grateful to the jury for its service and swift verdict that will hopefully put this financial fraudster permanently out of business.”
The government’s evidence showed that, beginning in September 2020, Djan registered a supposed “logistics” business based out of a Pawtucket apartment she shared with several family members. Almost immediately, Djan began establishing multiple business checking accounts tied to her purported business, and then used those bank accounts to receive proceeds sent directly from fraud victims, and other proceeds sent to her by other members of the conspiracy.
Despite having no infrastructure to provide logistics services and apparently having no legitimate business, the evidence presented to the jury showed that large sums of money flowed into these accounts. The evidence also established that funds flowing into Djan’s business accounts were often moved out of those accounts within days, at times transferred directly to another co-conspirator’s account in the U.S. or Ghana. Additionally, the evidence showed that Djan travelled back and forth between the United States and Ghana for months at a time, both bringing fraud proceeds with her and withdrawing them from accounts while she was overseas. While in Ghana, she also directed another individual to retrieve checks for her in the United States and to deposit them into her accounts.
In November 2022, Djan’s residence was searched pursuant to a federal search warrant. No business records were located and no evidence that Djan was operating a legitimate business was found.
The case is being prosecuted by Assistant United States Attorneys Julianne Klein and John P. McAdams.
Djan was ordered detained following the return of the jury’s verdict. The defendant’s sentence will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
The matter was investigated by the FBI’s Complex Financial Crimes Task Force, with assistance from the North Providence Police Department.
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Former Attorney Sentenced to Federal Prison for Fraud and Tax EvasionRead the Press Release
PROVIDENCE, RI – Former Rhode Island personal injury attorney Peter P.D. Leach has been sentenced to nearly three years in federal prison and ordered to repay clients that he defrauded when he conducted a Ponzi scheme with their settlement funds, announced United States Attorney Zachary A. Cunha.
At the time of his guilty plea 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.
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.
“Peter Leach egregiously abused the core responsibility of any lawyer- the trust of his clients – to help himself to money that belonged to victims of accidents and tragedies, and then tried to cheat on his taxes into the bargain” remarked U.S. Attorney Zachary A. Cunha. “Today’s sentence provides not just accountability, but hopefully a chance for his victims to recover some of the funds that he stole from them, and it serves notice of this Office’s continued determination to tireless pursue the perpetrators of financial crimes against vulnerable victims.”
“While it is the expectation that a person can trust their attorney, Leach used his position to take advantage of his clients. He used their money and personal information to line his pockets, telling lie after lie to get what he wanted. Now, there is no lie that he can tell to hide the fact that he will spend the next few years in prison for his criminal acts. It’s time for him to face the truth,” said Thomas E. Demeo, Acting Special Agent in Charge of IRS-CI Boston.
On Thursday, U.S. District Court Judge Leo T. Sorokin sentenced Leach to 33 months of incarceration to be followed by two years of federal supervised release. Additionally, Leach was ordered to pay restitution to his victims totaling $299,774.41. In a separate restitution matter, the court is expected to enter an order that Leach pay $320,622.76 to the IRS, representing taxes he failed to pay to the agency.
The case was prosecuted by Assistant United States Attorneys Sandra R. Hebert and Denise M. Barton.
The matter was investigated by the Rhode Island State Police Financial Crimes Unit and Internal Revenue Service – Criminal Investigation.
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New Assistant United States Attorney Sworn-in for the District of Rhode IslandRead the Press Release
PROVIDENCE – United States Attorney Zachary A. Cunha today announced the appointment and swearing-in of Taylor A. Dean as Assistant United States Attorney for the District of Rhode Island. Ms. Dean will serve in the Office’s Criminal Division, focusing on a broad array of matters vital to the safety of Rhode Islanders, including fraud, violent crime, narcotics, and complex financial crime.
A Rhode Island native, Ms. Dean joins the U.S. Attorney’s Office from the partnership of a Rhode Island law firm. Prior to her work there, Ms. Dean spent over a decade as a litigator with an internationally prominent law firm in New York and London, handling complex white collar and commercial litigation matters, including significant criminal cases brought against high-level corporate executives. Ms. Dean is a graduate of New York University and the Fordham University School of Law. Prior to attending law school, Ms. Dean also worked for several years as a victim advocate in the Manhattan District Attorney’s Office, offering her a first-hand perspective on the critical ways in which thoughtful and victim-centered prosecution is vital to an effective criminal justice system.
“I could not be more delighted to welcome Taylor Dean to the ranks of the United States Attorney’s Office,” remarked U.S. Attorney Zachary A. Cunha. “An exceptionally talented lawyer, Taylor combines deep roots in the Ocean State with the type of skill and legal acumen that have enabled this Office to ensure that, no matter the type, size, or complexity of a case, we can and will seek justice for every Rhode Islander.”
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Pawtucket Man Sentenced to Federal Prison for Possessing Child PornographyRead the Press Release
PROVIDENCE – A Pawtucket man found to be in possession of more than 17,000 images and dozens of videos of child pornography has been sentenced to three years in federal prison, announced United States Attorney Zachary A. Cunha.
Court documents reflect that in August 2023, the National Center for Missing and Exploited Children notified law enforcement that a telephone number, later determined by law enforcement to belong to Eugenio Lopes Gomes, 47, was being utilized to upload child pornography. A court-authorized search and forensic audit of the defendant’s electronic devices determined that the devices contained approximately 17,000 images and 144 videos of explicit material depicting children ranging in ages from one to twelve years old.
Lopes Gomes was sentenced today by U.S. District Court Chief Judge John J. McConnell, Jr., to 36 months of incarceration to be followed by three years of federal supervised release. Lopes Gomes pleaded guilty on September 24, 2024, to a charge of possession of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
The case was prosecuted by Assistant United States Attorney Julienne Kline, with the assistance of Assistant U.S. Attorney Peter I. Roklan.
The matter was investigated by the Rhode Island State Police Internet Crimes Against Children Task Force and Homeland Security Investigations.
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Owner of Addiction Treatment Chain That Billed for Recovery Services Not Provided Sentenced to More Than Eight Years in Federal Prison in Health Care Fraud ConspiracyRead the Press Release
PROVIDENCE, RI – The owner of a now defunct Rhode Island-based chain of addiction treatment centers who, as described in court documents “embezzled and cheated his way through life,” has been sentenced to more than eight years in federal prison for defrauding Medicare, Medicaid, and other health insurers out of millions of dollars, announced United States Attorney Zachary A. Cunha.
Michael Brier, 62, of Newton, MA, previously admitted to a federal judge that he and his company, Recovery Connections Centers of America, Inc. (RCCA), short changed patients suffering from substance abuse disorders in Rhode Island and Massachusetts by failing to provide them with required counseling sessions and treatment that were an important part of their care, while simultaneously billed Medicare, Medicaid, and other health care payors for those sessions. In many cases, RCCA routinely billed for 45-minute counseling sessions, while in fact providing sessions that were only 5-10 minutes or less in length.
“Michael Brier held out his business as a lifeline to vulnerable patients - men and women fighting to turn their lives around and escape the grim toll of addiction, but instead used it as a front for fraud that shortchanged those patients and lined his own pockets at taxpayer’s expense,” remarked U.S. Attorney Zachary Cunha. “Instead of providing the care these patients required and deserved, Brier directed his own employees not to provide the sessions that these patients needed, that his own therapists wanted to provide, and that the law required, while at the same time wildly overbilling federal and private health care payors. Today’s sentence should leave no doubt that those who attempt to feed their own greed from funds intended to care for those in need will be held accountable.”
“Brier and RCCA orchestrated a fraud scheme that not only robbed taxpayer funds from Medicare and Medicaid, but also undermined the health of vulnerable patients who sought help for their addiction,” said Special Agent in Charge Roberto Coviello of the U.S. Department of Health and Human Services, Office of Inspector General. “Today’s sentencing should serve as a stern reminder that those who seek to exploit our nation’s health care system at the expense of patients and taxpayers will be brought to justice.”
“Today’s sentence holds this career criminal accountable for capitalizing on the opioid crisis by defrauding taxpayer-funded federal health care programs out of millions of dollars and leaving the patients who came to his clinics deprived of treatment,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “Michael Brier is a liar, a cheat, and the mastermind of this sophisticated scheme, and the FBI and our partners are gratified we could shut him down, along with his chain of addiction treatment centers, which were little more than a front for fraud.”
As described in a criminal complaint filed in this matter, under the guise of running recovery clinics that supposedly provided much-needed medical and therapy services to men and women in Rhode Island and Massachusetts who needed help in their struggles with addiction, the defendants shortchanged their patients, providing them with little to no therapy or support, all the while billing Medicare and other insurers as if they had fully served their patients. For example, Brier and RCCA billed the government or insurance providers for 45 minutes sessions when, in fact, patients were actually seen for less than 15 minutes - in some cases substantially less than that. One counselor was known as the “five-minute queen” because the counseling sessions would last that long and no longer. In another instance, an employee was equipped with a bell that they would ring to ensure that the flow of patients moved along briskly.
Briar and RCCA previously admitted that they caused a fraudulent application to be submitted to Medicare which, among other things, misrepresented and concealed the role that Brier was playing in the business and failed to disclose Brier’s 2013 criminal conviction for federal tax crimes, which was relevant to Medicare’s consideration of the application; Brier was sentenced to 27 months incarceration by a federal judge as a result of that 2013 conviction.
In this most recent matter, Brier was sentenced today by U.S. District Court Judge Mary S. McElroy to 98 months of incarceration to be followed by three years of supervised release and ordered to pay restitution in the amount of $3,515,100. At the government’s request, the court ordered Brier to forfeit approximately one million dollars contained in various bank and investment accounts, his interest in a beachfront property in Caracol Beach, Panama, and two luxury vehicles.
RCCA was sentenced by U.S. District Court Judge Mary S. McElroy to one year probation and ordered to pay restitution in the amount of $3,515,100.
The case was prosecuted by Assistant United States Attorneys Sara Miron Bloom and Kevin Love Hubbard, with the assistance of Assistant United States Attorney Milind M. Shah.
The matter was investigated by the U.S. Department of Health and Human Services, Office of Inspector General and the Federal Bureau of Investigation. United States Attorney Cunha thanks the IRS, Customs and Border Protection, and the Rhode Island Department of the Attorney General for their assistance in the investigation.
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Exeter Man on Federal Supervised Release Detained on Multiple ChargesRead the Press Release
PROVIDENCE, RI – An Exeter man, currently serving a term of federal supervised release related to his previous convictions for possession of stolen mail and bank fraud, has been ordered detained on federal charges brough this week after he was allegedly discovered to be in possession of stolen checks, various items used for fishing mail out of mail receptacles, supplies to alter or deface checks, and unlawful possession of ammunition, announced United States Attorney Zachary A. Cunha.
Edmilson Rodrigues, 26, is charged by way of a federal criminal complaint with conspiracy to commit bank fraud, bank fraud, possession of stolen mail, and being a felon in possession of ammunition.
It is alleged in charging documents that on December 17, 2024, during a court-authorized search of Rodrigues’ home, law enforcement seized approximately fifty stolen business and personal checks valued at approximately $36,000; hundreds of sheets of blank check paper; a check washing basin and cleaning materials used to deface and alter checks; a laptop and printer; and various items used to fish mail from U.S. Postal Service receptacles, such as mousetraps, glue, and string; and ammunition.
According to court records, Rodrigues was convicted in U.S. District Court in 2019 for conspiracy to commit bank fraud and bank fraud involving a counterfeit check scheme; and in 2023 for possession of stolen mail that involved possession of nearly 100 stolen and fraudulent checks worth nearly $100,000.
The most recent charges filed against Rodrigues are being prosecuted by Assistant U.S Attorney Ly T. Chin. A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The matter was investigated by Homeland Security Investigations, with the assistance of the Newport Police Department, Providence Police Department, and Pawtucket Police Department.
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United States Reaches Agreement with the State of Rhode Island to Resolve Violations of Federal Disability Laws for Children with Disabilities in State CareRead the Press Release
PROVIDENCE, RI – United States Attorney Zachary A. Cunha announced today that his office, in collaboration with the United States Department of Health and Human Services Office of Civil Rights (HHS OCR), has entered into a proposed consent decree with the State of Rhode Island to resolve the Department of Justice’s May 2024 findings that Rhode Island’s unnecessary segregation of children with behavioral health disabilities in a psychiatric hospital violates federal civil rights laws . The proposed consent decree filed in U.S. District Court, alongside a civil complaint, requires that the State provide these children with community-based services that will allow them to stay in their own homes and communities while they receive the services they need. Compliance with the decree will be overseen by a court-appointed monitor and a federal judge.
“No child deserves to be isolated indefinitely in a locked psychiatric facility when their condition can be treated at home or in a community setting,” remarked U.S. Attorney Zachary A. Cunha. “Our kids, our families, and our communities deserve – and the law demands - better than that. While today’s consent decree will not transform a broken system that has all too often failed children with behavioral disabilities, it marks an important, and an enforceable, step toward getting these kids care, rather than confinement. I commend the state of Rhode Island for doing the right thing by stepping up to resolve this matter, and hope that this reflects an ongoing commitment to meeting the state’s civil rights obligations towards our most vulnerable fellow citizens.”
“A child should grow up surrounded by family and loved ones, not in an institution,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This consent decree will provide children with disabilities the services they need to live and grow at home with the love and support of their families. The American with Disabilities Act’s integration mandate lies at the core of the department’s efforts to safeguard the rights of people with disabilities across the country and we will continue our critical work in this area.”
“Every child – and every person – deserves to access critically needed care, free from discrimination: it’s fair, just, and a legally protected right. Twenty-five years after the Olmstead decision, today’s consent decree follows the HHS Office for Civil Rights’ continued efforts to ensure that people with disabilities have opportunities to live and receive needed services in their communities rather than institutions,” said OCR Director Melanie Fontes Rainer. “We are encouraged by the State of Rhode Island’s commitment to stand with the communities we serve in resolving these issues. OCR will continue to protect and enforce the essential civil rights of every person to live in their homes and communities across the nation.”
The filing of the proposed consent decree in federal court follows a public letter of findings issued by the United States Attorney’s Office and HHS in May 2024 notifying the State of the civil rights laws violations. The complaint filed today alleges that the State failed to ensure that children with disabilities were able to access the intensive in-home and community-based services they need, and failed to facilitate prompt discharges from Bradley Hospital to family homes, resulting in extended and unnecessary hospitalization, or risk of future hospitalization, all in violation of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. In Olmstead v. L.C., the U.S. Supreme Court held that Title II of the Americans with Disabilities Act (ADA) requires public entities, in providing services to persons with disabilities, to do so in their homes and communities when appropriate services can reasonably be provided in those settings to individuals who want them.
Under the proposed consent decree, which is subject to court approval, the State has agreed to do the following:
- Help children who are currently hospitalized at Bradley Hospital to transition to family settings and receive services at home, if their needs can be met there and they and their families want them to be at home;
- Provide children and families with service planning and care coordination to improve the likelihood that children recently hospitalized, who have experienced multiple visits to emergency departments can be successful at home;
- Improve access to intensive in-home services, including in-home individual and family therapy, behavioral services, and therapeutic mentoring;
- Address current or future shortages of therapeutic foster care families and community-service providers, including providing payment rates and support, to enable children they serve to return to or remain in family settings;
- Provide prompt mobile crisis interventions to help children avoid entering hospitals; and
- Monitor outcomes and timeliness of services.
The parties have agreed that a court-appointed monitor will monitor the state’s compliance with this five-year consent decree. The State worked cooperatively with the United States to resolve and remedy the federal civil rights violations that were identified and agreed to settle this matter without contested litigation.
This case is being litigated by Assistant United States Attorney Amy R. Romero, with assistance from HHS Equal Opportunity Specialist Erin Walker.
Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD). For more information on Section 504 of the Rehabilitation Act and how it protects individuals with disabilities, visit: https://www.hhs.gov/civil-rights/for-individuals/disability/index.html. For more information about OCR’s Olmstead activities, visit: https://www.hhs.gov/civil-rights/for-individuals/special-topics/community-living-and-olmstead/index.html.
Individuals who believe their civil rights have been violated can file a complaint with the Office for Civil Rights at: www.hhs.gov/civil-rights/filing-a-complaint/index.html. Anyone in Rhode Island may also report civil rights violations directly to the U.S. Attorney’s Office for the District of Rhode Island at https://www.justice.gov/usao-ri/civil-rights-enforcement or 401-709-5000.
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complaint.pdf findings_letter_to_rhode_island_5.13.24.pdf consent_decree.pdfConnecticut Woman Sentenced for Role in Organized Burglary Ring that Targeted Residences and Businesses Owned by Individuals of Asian DecentRead the Press Release
PROVIDENCE, RI – A Connecticut woman who previously admitted to a federal judge that she conspired with others to target and rob residences belonging primarily to individuals of Asian descent in at least eight states has been sentenced to two years in federal prison, announced United States Attorney Zachary A. Cunha.
Basneyareth Rebollar-Martinez, 28, of Stamford, CT, was sentenced on Wednesday by U.S. District Court Judge William E. Smith to 24 months of incarceration to be followed by three years of federal supervised release. Additionally, Rebollar-Martinez was ordered to pay$722,420 in restitution to the victims of her criminal activity. A Mexican national, Rebollar-Martinez faces deportation once she completes her term of incarceration.
In pleading guilty on September 12, 2023, to a charge of conspiracy to commit interstate transportation of stolen property, Rebollar-Martinez admitted to a federal judge that, from July 2022 to January 2023, she and others worked collaboratively to burglarize and attempt to burglarize at least ten residences in eight states, including Rhode Island, Massachusetts, and New Hampshire. Residences were targeted based on a belief that they would contain large sums of cash, valuable jewelry, heirlooms. and other items.
According to information presented to the court, forensic audits of the defendant’s and others cell phones revealed photographs and communications illustrating that members of the conspiracy conducted surveillance on the victims they were targeting, including at their place of work, which included Chinese restaurants and nail salons. GPS trackers were placed on victims’ vehicles to monitor their movement and to determine when and whether they were at home. The conspirators also used drones for surveillance purposes. Once a residence was targeted, some members of the conspiracy would act as lookouts at a nearby locations; others would serve as drivers dropping off and picking up co-conspirators at designated locations; while other members of the conspiracy would force entry into the residences. After the burglaries, the stolen goods were transported elsewhere and sold for profit.
The case was prosecuted by Assistant United States Attorneys Ly T. Chin and Julianne Klein.
The matter was investigated by Homeland Security Investigations, with the assistance of the Warwick and Smithfield, RI Police Departments; Shrewsbury and Framingham, MA Police Departments; Gorham, NH Police Department; Stamford, Wallingford, and Westport, CT Police Departments; West Allis, WI Police Department; New Castle County, DE Police Department; Manalapan, NJ Police Department; New York City Police Department; Jacksonville and Flagler County Police Departments; Massachusetts State Police; Pennsylvania State Police; and the United States Postal Inspection Service.
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Nationwide Lawsuit Filed in Rhode Island Alleging CVS Knowingly Dispensed Controlled Substances in Violation of the Controlled Substances Act and the False Claims ActRead the Press Release
PROVIDENCE, RI – In a civil complaint unsealed today in federal court in Providence, Rhode Island, the Justice Department alleges that CVS Pharmacy, Inc., and various subsidiaries (collectively, CVS) filled unlawful prescriptions in violation of the Controlled Substances Act (CSA) and sought reimbursement from federal healthcare programs for some of the unlawful prescriptions in violation of the False Claims Act (FCA). CVS is the country’s largest pharmacy chain, with more than 9,000 pharmacies across the United States.
The government’s complaint alleges that, from October 17, 2013, to the present, CVS knowingly filled prescriptions for controlled substances that lacked a legitimate medical purpose, were not valid, and/or were not issued in the usual course of professional practice. Among the large quantities of unlawful prescriptions that CVS allegedly filled were prescriptions for dangerous and excessive quantities of opioids, early fills of opioids, and “trinity” prescriptions, an especially dangerous and abused combination of drugs made up of an opioid, a benzodiazepine, and a muscle relaxant. CVS also allegedly filled large quantities of prescriptions for controlled substances written by prescribers it knew to be engaged in “pill mill practices” – that is, prescribers who issue large numbers of controlled substance prescriptions without any medical purpose. According to the complaint, CVS ignored substantial evidence from multiple sources, including its own pharmacists and internal data, indicating that its stores were dispensing unlawful prescriptions.
The complaint alleges that CVS’s violations resulted from corporate-mandated performance metrics, incentive compensation, and staffing policies that prioritized corporate profits over patient safety. CVS set staffing levels far too low for pharmacists to both meet their performance metrics and comply with their legal obligations. CVS also allegedly deprived its pharmacists of crucial information (including by, for example, preventing pharmacists from warning one another about certain prescribers) that could have reduced the number of unlawful prescriptions filled. The complaint alleges that CVS’s actions helped to fuel the prescription opioid crisis and that, in some particularly tragic instances, patients died after overdosing on opioids shortly after filling unlawful prescriptions at CVS.
“Opioid deaths remain a scourge on communities across Rhode Island and the nation, robbing families of loved ones and leaving a path of devastation in their wake,” said Zachary A. Cunha, U.S. Attorney for the District of Rhode Island. “This lawsuit alleges that CVS failed to exercise its critical role as gatekeeper of dangerous prescription opioids and, instead, facilitated the illegal distribution of these highly addictive drugs, including by pill mill prescribers. When corporations such as CVS prize profits over patient safety and overburden their pharmacy staff so that they cannot carry out the basic responsibility of ensuring that prescriptions are legitimate, we will use every tool at our disposal to see that they answer for it.”
“Our complaint alleges that CVS repeatedly filled controlled substance prescriptions that were unlawful and pressured its pharmacists to fill such prescriptions without taking the time needed to confirm their validity,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The practices alleged contributed to the opioid crisis and opioid-related deaths, and today’s complaint seeks to hold CVS accountable for its misconduct.”
The government alleges that by knowingly filling unlawful prescriptions for controlled substances, CVS violated the CSA and, where CVS sought reimbursement from federal healthcare programs, also violated the FCA. The complaint alleges that CVS’s actions helped to fuel the prescription opioid crisis. If CVS is found liable, it could face civil penalties for each unlawful prescription filled in violation of the CSA and treble damages and applicable penalties for each prescription reimbursed by federal healthcare programs in violation of the FCA. The court also may award injunctive relief to prevent CVS from committing further CSA violations, including ordering appropriate changes to corporate compliance programs and policies.
“When lives are destroyed or lost to opioid abuse, it doesn’t matter if the supplier is a street-level dealer, a pill mill, or a nationwide corporation,” said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. “Our laws regarding the distribution of opioids and other controlled substances are clear and apply to everyone. We will pursue whatever legal action is necessary to stop any enterprise, regardless of size, that places profit over the safety of our citizens.”
“CVS is alleged to have dispensed large amounts of highly addictive opioid medications to persons they knew had no medical need for them. Simply put, they put profits over their obligation to keep their customers safe,” said DEA Administrator Anne Milgram. “A pharmacy is the final step in the pharmaceutical distribution process that is in place to keep customers safe. In the fight against the opioid epidemic, DEA will continue to be relentless in holding those accountable who violate our drug laws and place our communities in danger whether they are a criminal cartel or large pharmacy chain.”
“Pharmacies and pharmacists are critical partners to ensure controlled substances are dispensed lawfully and safely to the public,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to holding individuals and entities that dispense these controlled substances improperly and without legitimate medical purpose accountable.”
“Protecting TRICARE, the healthcare system for military members and their dependents, is a top priority for the Department of Defense Office of Inspector General Defense Criminal Investigative Service (DCIS),” stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. “Today’s filing demonstrates DCIS’ ongoing commitment to partner with the Department of Justice and our law enforcement partners to investigate health care providers that submit false claims to TRICARE and put its beneficiaries at risk.”
Whistleblower Hillary Estright, who previously worked for CVS, filed an action on October 17, 2019, under the qui tam provisions of the FCA. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over such lawsuits, as it has done here.
The case is captioned United States ex rel. Estright v. Health Corporation, et al., No. 1:22-cv-222 (D.R.I.).
The United States’ intervention in this matter underscores the government’s commitment to combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to HHS, at 800-HHS-TIPS (800-447-8477).
The United States’ enforcement action is being litigated by attorneys from the U.S. Attorneys’ Offices for the District of Rhode Island (First Assistant U.S. Attorney Sara M. Bloom and Assistant U.S. Attorneys Kevin Love Hubbard and Rachna Vyas), the Justice Department Civil Division’s Consumer Protection Branch (Assistant Directors Amy L. DeLine and C.B. Buente, Senior Litigation Counsel Donald Lorenzen, and Trial Attorneys Benjamin Cornfeld and Amanda K. Kelly) and Commercial Litigation Branch, Fraud Section (Trial Attorneys Claire L. Norsetter, Joshua Barron, and Megan F. Engel), as well as the Eastern District of Virginia (Assistant U.S. Attorneys Clare Wuerker and John Beerbower), the District of Hawaii (Assistant U.S. Attorneys Sydney Spector and Tracy Weinstein), and the Eastern District of Texas (Assistant U.S. Attorneys James Gillingham and Adrian Garcia).
The DEA’s Office of Diversion Control, Washington, D.C. Field Division, HHS-OIG, and DCIS conducted the investigation. Several other offices provided substantial assistance in the investigation, including the United States Attorneys’ Offices for the Southern District of California, the Northern District of Ohio, DEA’s Office of Chief Counsel, DEA’s Office of Diversion Control, Los Angeles Field Division, the Office of Personnel Management, the Department of Labor Office of Inspector General, United States Postal Service Office of Inspector General, and the FBI.
The claims asserted against the defendants are allegations only, and there has been no determination of liability.
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52_-_complaint_in_intervention.pdfJustice Department Files Nationwide Lawsuit Alleging CVS Knowingly Dispensed Controlled Substances in Violation of the Controlled Substances Act and the False Claims ActRead the Press Release
In a civil complaint unsealed today in Providence, Rhode Island, the Justice Department alleges that CVS Pharmacy Inc. and various subsidiaries (collectively, CVS) filled unlawful prescriptions in violation of the Controlled Substances Act (CSA) and sought reimbursement from federal healthcare programs for unlawful prescriptions in violation of the False Claims Act (FCA). CVS is the country’s largest pharmacy chain, with more than 9,000 pharmacies across the United States.
The government’s complaint alleges that, from Oct. 17, 2013, to the present, CVS knowingly filled prescriptions for controlled substances that lacked a legitimate medical purpose, were not valid, and/or were not issued in the usual course of professional practice. Among the large number of unlawful prescriptions that CVS allegedly filled were prescriptions for dangerous and excessive quantities of opioids, early fills of opioids, and “trinity” prescriptions, an especially dangerous and abused combination of drugs made up of an opioid, a benzodiazepine and a muscle relaxant. CVS also allegedly filled large quantities of prescriptions for controlled substances written by prescribers it knew to be engaged in “pill mill practices” — that is, prescribers who issue large numbers of controlled substance prescriptions without any medical purpose. According to the complaint, CVS ignored substantial evidence from multiple sources, including its own pharmacists and internal data, indicating that its stores were dispensing unlawful prescriptions.
The complaint alleges that CVS’ violations resulted from corporate-mandated performance metrics, incentive compensation, and staffing policies that prioritized corporate profits over patient safety. CVS set staffing levels far too low for pharmacists to both meet their performance metrics and comply with their legal obligations. CVS also allegedly deprived its pharmacists of crucial information (including by, for example, preventing pharmacists from warning one another about certain prescribers) that could have reduced the number of unlawful prescriptions filled. The complaint alleges that CVS’ actions helped to fuel the opioid crisis and that, in some particularly tragic instances, patients died after overdosing on opioids shortly after filling unlawful prescriptions at CVS.
“Our complaint alleges that CVS repeatedly filled controlled substance prescriptions that were unlawful and pressured its pharmacists to fill such prescriptions without taking the time needed to confirm their validity,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The practices alleged contributed to the opioid crisis and opioid-related deaths, and today’s complaint seeks to hold CVS accountable for its misconduct.”
“Opioid deaths remain a scourge on communities across Rhode Island and the nation, robbing families of loved ones and leaving a path of devastation in their wake,” said U.S. Attorney Zachary A. Cunha for the District of Rhode Island. “This lawsuit alleges that CVS failed to exercise its critical role as gatekeeper of dangerous prescription opioids and, instead, facilitated the illegal proliferation of these highly addictive drugs, including by pill mill prescribers. When corporations such as CVS prize profits over patient safety and overburden their pharmacy staff so that they cannot carry out the basic responsibility of ensuring that prescriptions are legitimate, we will use every tool at our disposal to see that they answer for it.”
The government alleges that by knowingly filling unlawful prescriptions for controlled substances, CVS violated the CSA and, where CVS sought reimbursement from federal healthcare programs, also violated the FCA. The complaint alleges that CVS’s actions helped to fuel the opioid crisis. If CVS is found liable, it could face civil penalties for each unlawful prescription filled in violation of the CSA and treble damages and applicable penalties for each prescription reimbursed by federal healthcare programs in violation of the FCA. The court also may award injunctive relief to prevent CVS from committing further CSA violations, including ordering appropriate changes to corporate compliance programs and policies.
“When lives are destroyed or lost to opioid abuse, it doesn’t matter if the supplier is a street-level dealer, a pill mill, or a nationwide corporation,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “Our laws regarding the dispensing of opioids and other controlled substances are clear and apply to everyone. We will pursue whatever legal action is necessary to stop any enterprise, regardless of size, that places profit over the safety of our citizens.”
“CVS is alleged to have dispensed large amounts of highly addictive opioid medications to persons they knew had no medical need for them,” said Administrator Anne Milgram of the Drug Enforcement Administration (DEA). “Simply put, they put profits over their obligation to keep their customers safe. A pharmacy is the final step in the pharmaceutical distribution process that is in place to keep customers safe. In the fight against the opioid epidemic, DEA will continue to be relentless in holding those accountable who violate our drug laws and place our communities in danger whether they are a criminal cartel or large pharmacy chain.”
“Pharmacies and pharmacists are critical partners to ensure controlled substances are dispensed lawfully and safely to the public,” said Deputy Inspector General Christian J. Schrank of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “HHS-OIG is committed to holding individuals and entities that dispense these controlled substances improperly and without legitimate medical purpose accountable.”
“Protecting TRICARE, the healthcare system for military members and their dependents, is a top priority for the Department of Defense Office of Inspector General Defense Criminal Investigative Service (DCIS),” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “Today’s filing demonstrates DCIS’ ongoing commitment to partner with the Department of Justice and our law enforcement partners to investigate health care providers that submit false claims to TRICARE and put its beneficiaries at risk.”
Whistleblower Hillary Estright, who previously worked for CVS, filed an action on Oct. 17, 2019, under the qui tam provisions of the FCA. Those provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery. The Act permits the United States to intervene and take over such lawsuits, as it has done here.
The case is captioned United States ex rel. Estright v. Health Corporation, et al., No. 1:22-cv-222 (D.R.I.).
The United States’ intervention in this matter underscores the government’s commitment to combating health care fraud. One of the most powerful tools in this effort is the FCA. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to HHS, at 800-HHS-TIPS (800-447-8477).
The DEA’s Office of Diversion Control, Washington, D.C. Division, HHS-OIG and DCIS investigated the case. The U.S. Attorneys’ Offices for the Southern District of California and Northern District of Ohio, DEA’s Office of Chief Counsel, Office of Personnel Management, Department of Labor Office of Inspector General, U.S. Postal Service Office of Inspector General and FBI provided substantial assistance in the investigation.
Assistant Directors Amy L. DeLine and C.B. Buente, Senior Litigation Counsel Donald Lorenzen and Trial Attorneys Benjamin Cornfeld and Amanda K. Kelly of the Civil Division’s Consumer Protection Branch; Trial Attorneys Claire L. Norsetter, Joshua Barron and Megan F. Engel of the Civil Division’s Commercial Litigation Branch, Fraud Section; First Assistant U.S. Attorney Sara M. Bloom and Assistant U.S. Attorneys Kevin Love Hubbard and Rachna Vyas for the District of Rhode Island; Assistant U.S. Attorneys Clare Wuerker and John Beerbower for the Eastern District of Virginia; Assistant U.S. Attorneys Sydney Spector and Tracy Weinstein for the District of Hawaii; and Assistant U.S. Attorneys James Gillingham and Adrian Garcia for the Eastern District of Texas are litigating the enforcement action.
The claims asserted against the defendants are allegations only. There has been no determination of liability.
View the complaint here.
View Attachment 1 here.
View Attachment 2 here.
Registered Sex Offender Sentenced on Child Pornography Charges, Violating Terms of Supervised ReleaseRead the Press Release
PROVIDENCE, RI – A Burrillville man has been sentenced to ten years in federal prison for possessing child pornography and violating the terms of his supervised release, announced United States Attorney Zachary A. Cunha.
Court documents detail that in November 2013, Jaymeson Delgizzi, 31, was convicted in Hickman County, TN, for aggravated sexual assault on a minor. He was sentenced to 11 years imprisonment and ordered to register as a sex offender. In January 2023, after he had been released on parole following his term of incarceration in Tennessee,, Delgizzi cut off his electronic monitoring bracelet and traveled to Rhode Island. Despite taking up residency in Rhode Island, Delgizzi failed to register as a sex offender, as required, and was charged by this Office for that offense. In October 2023, Delgizzi was convicted of violating the Sex Offender Registration and Notification Act (SORNA), and sentenced to five years of federal supervised release.
In November 2023, while on federal pretrial release, the Rhode Island State Police Internet Crimes Against Children Task Force received information from the National Center for Missing & Exploited Children that a Google account belonging to Delgizzi was being used to upload images of child pornography. On January 17, 2024, a search warrant executed at Delgizzi’s residence uncovered both images and videos of child pornography in Delgizzi’s possession.
Delgizzi pleaded guilty on September 17, 2024, to two counts of possession of child pornography. He was sentenced on Wednesday by U.S. District Court Judge Mary S. McElroy to 120 months in federal prison to be followed by ten years of supervised release.
This Project Safe Childhood case was prosecuted by Assistant U.S. Attorney Sandra R. Hebert. The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
The matter was investigated by the Rhode Island State Police Internet Crimes Against Children Task Force.
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Portsmouth Man Sentenced to Probation After Admitting to Violating the Migratory Bird Treaty ActRead the Press Release
PROVIDENCE, RI – A Portsmouth man has been sentenced to six months’ federal probation after admitting to a federal magistrate judge that he violated the Migratory Bird Treaty Act when he shot hawks on and around his property, announced United States Attorney Zachary A. Cunha.
According to information presented to the court, from October 2018 through April 2021, eight injured or deceased hawks were recovered from the vicinity of property owned by Robert J. Ferreira, 65. Ammunition recovered from three of the hawks matched an air rifle belonging to Ferreira.
Appearing before a magistrate judge in federal court in Providence today, Ferreira admitted to using his air rifle to injure three Red-Tailed hawks and a Cooper’s hawk between October 23, 2018, and March 18, 2019. He pleaded guilty to four misdemeanor charges of hunting, taking, killing, or attempting to take or kill migratory birds.
The Migratory Bird Treaty Act 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 was sentenced on Thursday by Magistrate Judge Lincoln D. Almond to six months of probation.
The case was prosecuted by Assistant U.S. Attorney Denise M. Barton, with the assistance of Assistant U.S. Attorney Christine D. Lowell.
The matter was investigated by U.S. Fish and Wildlife Service, Office of Law Enforcement.
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Cranston Man Admits to Possessing and Selling Tens-of-Thousands of Fentanyl-Laced Fake Oxycodone PillsRead the Press Release
PROVIDENCE – A Cranston man admitted to a federal judge that he led a conspiracy that sold and delivered tens of thousands of fentanyl-laced fake Oxycodone pills, announced United States Attorney Zachary A. Cunha.
Jorge Pimentel, a/k/a “Big Head,” 35, pleaded guilty on Wednesday to a federal indictment charging him with conspiracy to distribute and possess with intent to distribute fentanyl, and possession with intent to distribute fentanyl.
According to information presented to court, on multiple occasions between May 31, 2023, and September 29, 2023, Pimentel brokered sales of fentanyl-laced pills and arranged for their delivery. In total, Pimentel was paid $37,000 in exchange for approximately 34,000 fentanyl-laced pills in these monitored transactions alone. The deliveries of pills were monitored by members of the FBI’s Rhode Island Safe Streets Task Force, which they quickly seized.
Pimentel was arrested on September 29, 2023; a court-authorized search of a storage unit he rented in Pawtucket resulted in the seizure of approximately 8,968 grams of fentanyl in powder form; 3405.1 grams of fentanyl in pill form (19,315 pills); and a high-speed pill press, among other items.
The pills sold by Pimentel and those located inside the storage unit were counterfeit Oxycodone containing fentanyl and were marketed as such to resemble a legitimately manufactured drug.
Pimentel is scheduled to be sentenced on March 13, 2024. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors. No plea agreement has been filed in this case.
The case is being prosecuted by Assistant United States Attorney Stacey A. Erickson.
The matter was investigated by the FBI’s Rhode Island Safe Streets Task Force, with the assistance of the Pawtucket Police Department. The Safe Streets Task Force consists of agents and law enforcement officers from the FBI, Rhode Island State Police, the Cranston, Woonsocket, Pawtucket, West Warwick, and Central Falls Police Departments, and the U.S. Marshals Service.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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California Man Indicted in Multi-Million Dollar Bank Fraud and Money Laundering Conspiracy That Targeted Bristol Municipal Funds, Businesses, and IndividualsRead the Press Release
PROVIDENCE, RI – A California man, described in court documents as a key participant in business email compromise and money laundering scams that allegedly defrauded businesses, individuals, and the Town of Bristol, Rhode Island, out of nearly $9 million dollars has been indicted by a federal grand jury in Rhode Island on charges of conspiracy to commit money laundering, bank fraud, and aggravated identity theft charges, announced United States Attorney Zachary A. Cunha.
The indictment alleges that a member of the conspiracy sent phishing emails to individuals, corporations, and the Town of Bristol that, when opened, allowed the senders to access to the recipients’ computer networks. After gaining access to the victims’ networks, it is alleged that Alec Tahir Baker, 60, of Corona, CA, and/or his co-conspirators, directed the victims’ banks to transfer money into an account controlled by Baker or another conspirator.
As detailed in the indictment, it is also alleged that a member of the conspiracy would email employees of the victim companies by posing as a vendor seeking payment. The co-conspirator would then provide the employee with new bank account information into which funds should be paid, causing the employees to unwittingly send company funds to a bank account controlled by Baker or another conspirator.
The indictment goes on to allege that as part of the conspiracy, Baker would provide false information and documents (at times fraudulently using the names of real people) to banks that had asked him for further details regarding funds that were being wired into his account, and falsely claimed that he had a business relationship with a victim company. .,.
It is further alleged that as part of the conspiracy, Baker opened over 40 bank accounts in his name and in the name of any one more than a dozen companies that he created, in order to receive fraudulently obtained funds. Soon after funds were received into his accounts, Baker allegedly withdrew some of the money in cash and cashiers’ checks; transferred funds to separate accounts he controlled, including to Coinbase and other cryptocurrency accounts, and also transferred funds to accounts in the names of other individuals and entities, who were in turn directed to transfer the fraudulent funds to others, concealing their origin.
The indictment alleges that individuals and businesses were defrauded of at least $8,854,243, and that approximately $7,649,876 in fraudulent proceeds were transmitted to bank accounts under Baker’s control.
In addition to targeting corporate victims, the indictment alleges that on January 18, 2023, a member of the conspiracy gained access to the computer network used by the Town of Bristol, Rhode Island. The next day, a member of the conspiracy caused $310,500 to be wired from one of the Town’s bank accounts into a business account controlled by Baker, who then withdrew or transferred funds from that account and deposited the money into other accounts he controlled. These included, as alleged in the indictment:
- A January 20, 2023, withdrawal of $75,000 with the notation that funds were for “Q1 salary”;
- A January 23, 2024, withdrawal of $144,700 via a bank check payable to a company Baker controlled; and
- A January 23, 2024, withdrawal of $89,169.87 in the form of a cashier’s check made payable to a company under his control. The cashier’s check was deposited into another account controlled by Baker. Over the next week, he withdrew $46,000 from the account into which the cashier’s check was deposited.
The indictment returned on Wednesday charges Baker with conspiracy to commit money laundering, bank fraud, and two counts of aggravated identity theft. A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The defendant was first charged in this ongoing investigation by way of a Criminal Complaint, filed and sealed on November 1, 2024. He was arrested in Dallas, TX, on November 5, 2024, and ordered detained after his initial appearance in U.S. District Court in Dallas. He will be transported to Rhode Island and appear for arraignment in U.S. District Court in Providence on a date yet to be determined.
The case is being prosecuted by Assistant United States Attorneys Lee H. Vilker and Denise M. Barton .
The matter is being investigated by the FBI. United States Attorney Cunha thanks the Bristol, RI Police Department; Genesee County, New York Sheriff’s Office; Baltimore County, MD Police Department; Hartland, Wisconsin Police Department; and the U.S. Attorney’s Office for the Northern District of Texas for their assistance.
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alec_tahir_baker_indictment.pdfNorth Providence Man Sentenced to Federal Prison on Child Pornography ChargesRead the Press Release
PROVIDENCE, RI – A North Providence man has been sentenced to five years in federal prison for possessing and distributing child pornography, announced United States Attorney Zachary A. Cunha.
Mark Peterson, 46, was sentenced today by U.S. District Court Judge William E. Smith to 60 months of incarceration to be followed by 15 years of federal supervised release. Peterson pleaded guilty on September 6, 2024, to an indictment charging him with distribution of child pornography and possession of child pornography.
In February 2022, the National Center for Missing and Exploited Children forwarded information to the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force regarding the online distribution of child pornography. A State Police Detective determined that someone using the IP address at Peterson’s residence had sent 114 files depicting child sexual abuse over an online messaging application.
Members of the ICAC Task Force executed a court-authorized search of Peterson’s residence on April 5, 2022. A review of several cell phones seized during the search revealed more than 1,300 files consisting of videos and images of child sexual abuse, including depictions of the abuse of pre-pubescent children, infants, sadomasochism, and bestiality. Investigators also located screen recordings in which Peterson falsely portrayed himself as 15 years old.
The case is being prosecuted by Assistant U.S. Attorneys Julianne Klein and John P. McAdams.
The matter was investigated by the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force, with the assistance of Homeland Security Investigations and the Massachusetts State Police.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
The Rhode Island ICAC Task Force is comprised of members of the Rhode Island State Police Computer Crimes Unit along with detectives from the Warwick Police Department, Cranston Police Department, East Providence Police Department, Pawtucket Police Department, Portsmouth Police Department, Bristol Police Department, Middletown Police Department, and Special Agents from Homeland Security Investigations.
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Federal Jury Convicts Registered Sex Offender on Child Pornography ChargesRead the Press Release
PROVIDENCE, RI – A federal jury swiftly returned a guilty verdict on Friday, December 6, 2024, delivering a second conviction to a Cranston registered sex offender, who possessed child pornography while on supervised release following his earlier conviction by this Office for child pornography offenses, announced United States Attorney Zachary A. Cunha.
In December 2016, David A. Skally, 65, was convicted of possessing and accessing with the intent to view child pornography, and was sentenced to 30 months in federal prison to be followed by five years of supervised release. It was during this period of court-ordered supervision that he committed his current crimes.
On Friday, Skally was convicted following a four-day trial on charges of access with intent to view child pornography and possession of child pornography.
“Undeterred by his prior conviction, this defendant chose to continue in a course of conduct that victimized and contributed to the horrific abuse of children,” remarked U.S. Attorney Zachary A. Cunha. “This Office is likewise undeterred in its determination to stand up for the most vulnerable among us, and with this verdict, we have ensured that the public will be kept safe from this defendant for years to come.”
“Despite a previous federal conviction and prison time, Skally chose to again seek out child sexual abuse material knowing full well the harm it causes to children and the legal consequences he would face. A federal jury has found Skally guilty and he is once again facing significant time in federal prison,” said HSI New England’s Special Agent in Charge Michael J. Krol. “HSI works every day with our partners in Rhode Island to keep children safe and ensure predators are brought to justice.”
According to evidence presented by the government at trial, Skally underwent three examinations by a member of his sex-offender treatment team between June 5, 2020, and April 5, 2021, as part of his court-ordered supervision. During the course of those examinations, Skally admitted to viewing sexually explicit images of children “over ten times” after his release from prison while on supervised release. Further, Skally admitted some of the images he viewed depicted children 11 years of age or under engaged in sexually explicit conduct.
Additional evidence showed that Skally engaged in repeated efforts to avoid monitoring software and other safeguards required during his term of probation.
Subsequent investigation and a forensic examination of Skally’s computer ultimately discovered several images of child pornography, including images of adults engaged in sexual activity with prepubescent victims. The jury ultimately concluded that Skally both possessed and accessed child pornography with the intent to view it, and specifically found that at least some of the material in question involved prepubescent children under the age of twelve.
Skally is scheduled to be sentenced on March 13, 2024. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors; by virtue of his prior conviction, Skally is subject to a mandatory minimum sentence of ten years in federal prison.
The case is being prosecuted by Assistant United States Attorneys Ronald R. Gendron and Denise M. Barton, with the assistance of Assistant United States Attorneys Christine D. Lowell and John P. McAdams.
This case, investigated by the U.S. Probation Department and Homeland Security Investigations, was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
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North Providence Man Sentenced to Six Years in Federal Prison on Drug and Firearm ChargesRead the Press Release
PROVIDENCE – A North Providence man who sold more than seven thousand fentanyl-laced pills and a firearm while under surveillance by members of the Rhode Island FBI Safe Streets Task Force has been sentenced to six years in federal prison, announced United States Attorney Zachary A. Cunha.
Keurys Pena, 35, was sentenced on Tuesday by U.S. District Court Chief Judge John J. McConnell, Jr., to 72 months of incarceration to be followed by four years of federal supervised release. Pena pleaded guilty on August 1, 2024, to possession with the intent to distribute fentanyl and possession of a firearm by a person convicted of a crime.
According to information presented to the court, on eight occasions between June and October 2022, while under law enforcement surveillance, Pena sold and delivered 7,080 fentanyl-laced pills weighing a combined total of approximately 876 grams, or roughly two pounds. During a transaction on September 7, 2022, Pena also sold an individual a firearm in exchange for a cash payment. The drugs and the firearm were quickly seized by members of law enforcement following each transaction.
Pena was arrested at his North Providence residence on October 18, 2022, and was found to be in possession of 5.38 grams of cocaine, 11.89 grams of a powder mixture containing fentanyl, and 22.84 grams of a substance containing methamphetamine. On that same date, a court-authorized search warrant was executed at a stash house/rental property maintained by Pena in Pawtucket where law enforcement seized a powder substance containing 484.12 grams of fentanyl and a mixture containing 108.6 grams of methamphetamine.
Court records illustrate that Pena was previously convicted multiple times and sentenced on drug, conspiracy, forgery and breaking and entering charges. At the time of his arrest in this most recent matter, Pena was serving a term of Rhode Island state probation, having been convicted in Rhode Island Superior Court in 2015 on charges of assault and escape by an inmate. He was sentenced to 12 years – with 15 months to serve, 165 months suspended with probation.
This Project Safe Neighborhoods case was prosecuted in U.S. District Court by Assistant U.S. Attorney Stacey A. Erickson.
The matter was investigated by the Rhode Island FBI Safe Street Task Force and the Pawtucket Police Department.
The FBI Safe Streets Task Force consists of agents and law enforcement officers from the FBI, Rhode Island State Police, the Cranston, Woonsocket, Pawtucket, West Warwick, and Central Falls Police Departments, and the U.S. Marshals Service.
This case is part of Project Safe Neighborhoods, 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 to Nearly Six Years in Prison for Trafficking FentanylRead the Press Release
PROVIDENCE, RI – A Providence man who was found in possession of nearly half of a kilo of fentanyl that he kept stored inside an apartment he shared with five other individuals, including two babies, has been sentenced to nearly six years in federal prison, announced United States Attorney Zachary A. Cunha
Stanli S. Arias De La Rosa 31, was sentenced today by U.S. District Court Judge Mary S. McElroy to 71 months of incarceration to be followed by three years of federal supervised release. He pleaded guilty on April 30, 2024, to a charge of possession with the intent to distribute fentanyl.
Arias was arrested by members of the Rhode Island DEA Drug Task Force in March 2023, six months after being arrested by the York County Sheriffs’ Office in Nebraska during a traffic stop after discovering approximately 10 kilos of cocaine inside a vehicle that he was driving. Arias failed to return to Nebraska to face those charges after being released following his court arraignment.
According to information presented to the court, in March 2023, a West Warwick Detective who also served a member of the DEA Drug Task Force developed information targeting the location of a high-level drug supplier. On March 10, 2023, authorities conducted a court-authorized search of Arias’ Providence residence and found narcotics strewn about the apartment. Seized were approximately 454.9 grams of fentanyl, 43 grams of cocaine, 14.5 grams of crack cocaine, digital scales, and other items used in the preparation and distribution of narcotics.
Present in the apartment at the time of the search were two mothers and their infants and an adult male.
The case was prosecuted by Assistant United States Attorney Christine D. Lowell.
The matter was investigated by the Rhode Island DEA Drug Task Force and the Smithfield Police Department.
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Former U.S. Navy Officer Sentenced in Conspiracy to Steal and Sell U.S. Military Gear to Countries Around the WorldRead the Press Release
PROVIDENCE, RI – A former United States Navy Petty Officer First Class who served for more than 20 years in the Navy has been sentenced to eighteen months in federal prison for orchestrating a conspiracy that stole more than $850,000 worth of military gear earmarked for fellow Navy members and then sold the goods to high bidders from more than fifty countries, including China and Russia, announced United States Attorney Zachary A. Cunha.
Richard Allen, 53, of Citrus Heights, CA, was sentenced in U.S. District Court in Providence, RI, by U.S. District Court Chief Judge John J. McConnell, Jr., to eighteen months of incarceration to be followed by three years of federal supervised release. Allen pleaded guilty on August 29, 2024, to conspiracy and six counts of money laundering.
“Sworn to serve his country, Richard Allen instead chose to serve his own shameless greed at the expense of the taxpayer and his fellow men and women in uniform,” said U.S. Attorney Zachary A. Cunha. “Today’s reckoning is a testament to the tenacity of our law enforcement partners and it should serve as a warning: stealing from the United States is a path to prison, not profit.”
“Mr. Allen betrayed his oath to the Navy and defrauded the American taxpayer by initiating and perpetuating an illegal scheme to steal and sell U.S. Government property to unauthorized buyers for his and his co-conspirators’ private financial benefit,” said Special Agent in Charge Michael T. Wiest of the NCIS Northeast Field Office. “NCIS remains committed to rooting out criminality within the ranks that threatens warfighter capabilities and readiness.”
"The Defense Criminal Investigative Service (DCIS), the law enforcement arm of the Department of Defense (DoD) Office of Inspector General, is fully committed to protecting the integrity of the DoD supply chain,” said Patrick J. Hegarty, Special Agent in Charge of the DCIS Northeast Field Office. "Profiting from the sale of stolen DoD property betrays the public's trust and negatively impacts our military members. Today’s sentencing demonstrates DCIS' ongoing commitment to working with its law enforcement partners to hold individuals who harm the DoD accountable."
“Allen was driven by greed to not only steal and attempt to profit from his crime, but to endanger the very national security he was sworn to uphold. Today’s sentence holds him accountable for this egregious betrayal,” said Special Agent in Charge Michael J. Krol for Homeland Security Investigations in New England.
Court documents detail that, while stationed at Naval Weapons Station Yorktown-Cheatham Annex, in Williamsburg, VA, Allen used his familiarity with the base – a base responsible for supplying ships in the Navy’s Atlantic Fleet with military gear – and unfettered access to warehouses to devise and execute a scheme to steal and sell $856,433 worth of Navy gear and supplies, including working uniforms, winter gear, flame retardant shirts and pants, soft body armor, goggles, infrared flag patches, Navy SEAL Trident insignia, and Small Arms Protective Insert plates. Allen and his co-conspirators stored the items in various locations, including in Rhode Island.
Allen and others identified bulk-sale domestic and international customers for the stolen goods and arranged for delivery either in person or via commercial shipping. Payment for the stolen goods was frequently made and received via PayPal, including dozens of payments made from an account in China. The proceeds were transferred to co-conspirators bank accounts, including Allen’s, in increments of less than $10,000, in an effort to avoid bank reporting requirements.
As part of the scheme, the stolen goods were delivered to paying customers in China, Russia, South Korea, Hong Kong, Kazakhstan, Bahrain, Vietnam, Ukraine, Indonesia, Japan, Malaysia, Thailand, Germany, Singapore, Taiwan, the Czech Republic, Poland, Australia, New Zealand, France, Spain, Ireland, Portugal, Italy, Greece, the United Kingdom, Norway, Switzerland, Finland, Turkey, Austria, Slovenia, Croatia, Hungary, Slovakia, Belgium, Brazil, Philippines, Denmark, the Netherlands, Sweden, Uruguay, Chile, Estonia, Malta, Lithuania, Bermuda, and Canada, and conspirators assisted him in also distributing to Argentina, Luxembourg, Latvia, Belarus, Denmark, and Martinique.
Allen continued to direct the conspiracy and to receive payments after he retired from the U.S. Navy.
“Richard Allen decided to steal from the United States Navy and selfishly profit from selling the goods globally. Today, he was held accountable for his actions,” said Special Agent in Charge James Guanci, U.S. Department of Commerce, Office of Export Enforcement, Boston Field Office. “The Office of Export Enforcement will continue to collaborate with our law enforcement partners to aggressively pursue those who commit export-related crimes.”
“Americans – especially the men and women who have served in uniform – deserve public employees who do their jobs honestly and with integrity,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “Richard Allen failed to do both when he selfishly took advantage of his position with the Navy to commit fraud, cheating both his fellow officers and taxpayers. This sentence holds him accountable for his crimes and sends a message loud and clear that this is not the way to go about boosting your bank account.”
The case was prosecuted by Assistant United States Attorneys Christine D. Lowell and Paul F. Daly, Jr.
The matter was investigated by Naval Criminal Investigative Service-Northeast Field Office; Defense Criminal Investigative Service-Northeast Field Office; Homeland Security Investigations; Department of Commerce, Office of Export Enforcement-Boston Field Office; and the FBI.
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Former Rhode Island Correctional Officer Sentenced for Smuggling Contraband into a Federal Detention CenterRead the Press Release
PROVIDENCE, RI – A now former Donald W. Wyatt Detention Facility correctional officer who smuggled controlled substances into the federal detention center has been sentenced to federal prison to be followed by a term of home confinement, announced United States Attorney Zachary A. Cunha.
According to charging documents and information presented to the court, in mid-February 2021, two inmates housed at the Wyatt Detention Center communicated with a former detainee and another person outside of the facility to arrange to provide a controlled substance to then-correctional officer Kaii Almeida-Falcones, 30, of Smithfield, who smuggled the substances into the facility.
A strip search of a detainee on February 15, 2021, revealed a package containing the drugs smuggled by Almeida-Falcones, which were confirmed to be controlled substances by subsequent lab testing. Additional controlled substances smuggled into the facility were found in the cell of another detainee, concealed inside a pillowcase. Almeida-Falcones is seen on Wyatt Detention security video entering each of the detainees cells the evening before.
Almeida-Falcones was sentenced on November 14, 2024, by U.S. District Court Judge William E. Smith to six months of incarceration in federal prison to be followed by twenty-four months of federal supervised release - the first six months to be served on home confinement. He pleaded guilty on June 10, 2024, to the charge of providing contraband to an inmate.
The case was prosecuted by Assistant U.S. Attorney Ly T. Chin.
The matter was investigated by the FBI, the United States Marshals Service, the U.S. Department of Justice, Office of Inspector General, and the Professional Standards Unit at the Wyatt Detention Center.
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Registered Sex Offender Sentenced to Federal Prison for Attempted Enticement of a Minor, Child Pornography ChargesRead the Press Release
PROVIDENCE, RI – A registered sex offender has been sentenced to ten years in federal prison, having previously pleaded guilty to charges of attempted inducement of a minor to engage in illicit sexual activity, possession with intent to view child pornography, and attempted transfer of obscene material to a minor, announced United States Attorney Zachary A. Cunha.
Mathew Hoard, 40, of Smithfield, was sentenced today by U.S. District Court Judge Mary S. McElroy to 120 months in federal prison to be followed by eight years of federal supervised release.
In July 2020, Hoard began communicating online and by text messaging with a person he believed to be a 14-year-old girl, but who was in fact an undercover Newport Police Department Detective. According to information presented to the court, during those communications, which lasted for more than two months, Hoard sent a sexually explicit image and sexually graphic messages, repeatedly requested that the “girl” send nude pictures of herself to Hoard. He also attempted to arrange a meeting to engage in sex.
In February 2020, while conducting an unrelated investigation, the Rhode Island State Police Internet Crimes Against Children Task Force learned from the National Center for Missing and Exploited Children that an individual had uploaded child pornography to a social media platform. Members of the Task Force later determined that the upload came from an IP address utilized by Mathew Hoard. On September 29, 2020, members of the ICAC Task Force executed a court-authorized search of Hoard’s residence and seized a cell phone and a laptop computer. The devices were found to contain videos and images of child pornography. Among the images was an image exchanged between Hoard and the undercover Newport Police Department detective.
In 2011, Hoard was convicted in the State of Rhode Island for possession of child pornography, and as a result of that conviction, he was required to register as a sex offender.
This Project Safe Childhood case was prosecuted by Assistant U.S. Attorney Denise M. Barton and Julie M. White.
The matter was investigated by the Rhode Island State Police Internet Crimes Against Children Task Force, the Newport Police Department, and Homeland Security Investigations.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
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Justice Department Secures Agreement with Providence, Rhode Island, Public Schools to Protect Civil Rights of Immigrant StudentsRead the Press Release
The Justice Department today announced a settlement agreement with the Providence, Rhode Island, Public School District to resolve an investigation into the district’s programs and services for new immigrant English learner students with limited or interrupted education, known in the district as “newcomers.” The Providence Public School District is the largest school district in Rhode Island, serving thousands of English learner students, including hundreds of newcomers.
“New immigrant students and families bring great promise and a wealth of strengths to school communities, but they too often face great adversity in accessing educational opportunities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Schools far too frequently shut their doors to newcomers or divert them into segregated programs with few opportunities and inadequate services. Federal law is clear: all students, including immigrant students, have a right to meaningfully participate in their district’s educational programs, and the Justice Department is committed to enforcing that right in Rhode Island and across the country.”
“The Providence Public School District’s failure to meet its civil rights obligations to newcomer students is unacceptable,” said U.S. Attorney Zachary A. Cunha for the District of Rhode Island, “particularly coming as it does in the wake of an earlier, 2018 civil rights agreement that addressed the school district’s failure to accommodate English language learners. Providence’s woeful history of half measures and consistent failures to meet the critical needs of its most vulnerable students has necessitated today’s action: a more closely targeted and stringent agreement focused on the newcomer program.”
The agreement resolves the department’s investigation into complaints about civil rights violations at the district’s “Newcomer Academy,” a program intended to provide accelerated learning to newcomers aged seventeen and older. The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Rhode Island found that the district had failed to provide adequate English language instruction to over 200 students at the Newcomer Academy. Indeed, dozens of students at the Newcomer Academy signed a petition during the 2023-24 school year stating that they wanted to learn English at their school. The department also found that the district failed to staff the program with qualified, trained teachers and administrators and unnecessarily segregated newcomers, depriving them of equal opportunities to receive special education and participate in programs such as career and technical education.
The district cooperated with the department during the investigation and has started to take steps to address some of the concerns identified by the department.
Under the agreement, the district will ensure that all students in newcomer programs receive adequate instruction in the English language and that teachers in newcomer programs are appropriately trained and qualified. In addition, the district will provide language translation and interpretation of important school information to parents of newcomers who are not fluent in English. The district will also ensure that newcomers have equal access to specialized programs and are appropriately integrated with other English learners and native English speakers.
The department conducted its investigation under the Equal Educational Opportunities Act of 1974 and the department’s 2018 agreement with the district (extended in 2021), addressing all of the district’s English learner services and programs. Today’s settlement, which focuses on newcomers, will supersede the previous agreement.
Enforcement of the Equal Educational Opportunities Act is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available at www.justice.gov/crt, and additional information about the work of the division’s Educational Opportunities Section is available at www.justice.gov/crt/combating-national-origin-discrimination-schools.
Members of the public can report possible civil rights violations at civilrights.justice.gov/report/ or by emailing [email protected]. Anyone in Rhode Island may also report civil rights violations directly to the U.S. Attorney’s Office for the District of Rhode Island at www.justice.gov/usao-ri/civil-rights-enforcement or 401-709-5000.
View the settlement summary here.
View the settlement summary in Spanish here.
El Departamento de Justicia Logra un Acuerdo con las Escuelas Públicas de Providence, Rhode Island para Proteger los Derechos Civiles de los Estudiantes InmigrantesRead the Press Release
El Departamento de Justicia anunció hoy un acuerdo de conciliación con el Distrito de Escuelas Públicas de Providence, Rhode Island, para resolver una investigación sobre los programas y servicios del distrito para nuevos inmigrantes estudiantes de inglés con educación limitada o interrumpida, conocidos en el distrito como “recién llegados”. El Distrito de Escuelas Públicas de Providence es el distrito escolar más grande de Rhode Island y atiende a miles de estudiantes de inglés, incluidos cientos de recién llegados.
“Los nuevos estudiantes y familias inmigrantes aportan grandes promesas y una gran cantidad de fortalezas a las comunidades escolares, pero con demasiada frecuencia enfrentan grandes adversidades para acceder a oportunidades educativas”, dijo la Fiscal General Adjunta Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. “Con demasiada frecuencia las escuelas cierran sus puertas a los recién llegados o los desvían hacia programas segregados con pocas oportunidades y servicios inadecuados. La ley federal es clara: todos los estudiantes, incluidos los estudiantes inmigrantes, tienen derecho a participar significativamente en los programas educativos de su distrito, y el Departamento de Justicia está comprometido a hacer cumplir ese derecho en Rhode Island y en todo el país”.
“El incumplimiento por parte del Distrito de Escuelas Públicas de Providence de sus obligaciones de derechos civiles para con los estudiantes recién llegados es inaceptable”, dijo el Fiscal Federal Zachary A. Cunha para el Distrito de Rhode Island, “particularmente a raíz de un acuerdo de derechos civiles del año 2018 que abordó la incapacidad del distrito escolar para acomodar a los estudiantes que aprenden el idioma inglés. La lamentable historia de medidas a medias y fracasos constantes de Providence para satisfacer las necesidades críticas de sus estudiantes más vulnerables ha requerido la acción de hoy: un acuerdo más estricto y centrado en el programa para recién llegados”.
El acuerdo resuelve la investigación del departamento sobre quejas sobre violaciones de derechos civiles en la “Academia para recién llegados” del distrito, un programa destinado a brindar aprendizaje acelerado a recién llegados de diecisiete años o más. La División de Derechos Civiles del Departamento de Justicia y la Fiscalía Federal para el Distrito de Rhode Island determinaron que el distrito no había proporcionado una enseñanza adecuada del idioma inglés a más de 200 estudiantes de la Academia para Recién Llegados. De hecho, docenas de estudiantes de “Newcomer Academy”, como es conocida en inglés, firmaron una petición durante el año escolar 2023-24 indicando que querían aprender inglés en su escuela. El departamento también encontró que el distrito no dotó al programa de personal con maestros y administradores calificados y capacitados y segregó innecesariamente a los recién llegados, privándolos de igualdad de oportunidades para recibir educación especial y participar en programas como educación profesional y técnica.
El distrito cooperó con el departamento durante la investigación y comenzó a tomar medidas para abordar algunas de las preocupaciones identificadas por el departamento.
Según el acuerdo, el distrito garantizará que todos los estudiantes en programas para recién llegados reciban instrucción adecuada en el idioma inglés y que los maestros en programas para recién llegados estén capacitados y calificados adecuadamente. Además, el distrito proporcionará traducción e interpretación de información escolar importante a los padres de los recién llegados que no dominan el inglés. El distrito también garantizará que los recién llegados tengan igualdad de acceso a programas especializados y estén integrados adecuadamente con otros estudiantes de inglés y hablantes nativos de inglés.
El departamento llevó a cabo su investigación bajo la Ley de Igualdad de Oportunidades Educativas de 1974 y el acuerdo del departamento de 2018 con el distrito (ampliado en 2021) que aborda todos los servicios y programas para estudiantes de inglés del distrito. El acuerdo de hoy, que se centra en los recién llegados, sustituirá al acuerdo anterior.
La aplicación de la Ley de Igualdad de Oportunidades Educativas es una de las principales prioridades de la División de Derechos Civiles. Información adicional sobre la División de Derechos Civiles está disponible en la página web www.justice.gov/crt, e información adicional sobre el trabajo de la Sección de Oportunidades Educativas de la división está disponible en la pagina web www.justice.gov/crt/combating-national-origin-discrimination-schools.
El público puede denunciar posibles violaciones de derechos civiles en la página web civilrights.justice.gov/report/ o enviando un correo electrónico al correo electrónico [email protected]. Cualquier persona en Rhode Island también puede denunciar violaciones de derechos civiles directamente a la Oficina del Fiscal Federal para el Distrito de Rhode Island en la página web www.justice.gov/usao-ri/civil-rights-enforcement o llamando al número 401-709-5000.
Vea el resumen del acuerdo aquí.
Department of Justice Secures Settlement with Providence Public Schools to Protect Civil Rights of Immigrant StudentsRead the Press Release
PROVIDENCE, RI – The United States has reached a settlement agreement with the Providence Public School District to resolve an investigation into the district’s programs and services for new immigrant English learner students with limited or interrupted education, known in the district as “newcomers,” United States Attorney for the District of Rhode Island Zachary A. Cunha announced today.
The Providence Public School District is the largest school district in Rhode Island, serving thousands of English learner students, including hundreds of newcomers.
Earlier this year, the U.S. Attorney’s Office for the District of Rhode Island received multiple complaints about civil rights violations at Providence’s “Newcomer Academy,” a program intended to provide accelerated learning to newcomers ages seventeen and older. A Justice Department’s Civil Rights Division and U.S. Attorney’s Office investigation found that Providence schools failed to provide adequate English language development instruction to over 200 students participating in the Newcomer Academy. Indeed, dozens of students at the Newcomer Academy signed a petition during the 2023-24 school year stating that they wanted to learn English at their school. The Department also found that Providence failed to staff the program with trained and qualified staff and administrators, unnecessarily segregated newcomers, and deprived them of equal opportunities to participate in specialized programs, such as special education and career and technical education.
“The Providence Public School District’s failure to meet its civil rights obligations to newcomer students is unacceptable,” said U.S. Attorney Zachary A. Cunha for the District of Rhode Island, “particularly coming as it does in the wake of an earlier, 2018 civil rights agreement that addressed the school district’s failure to accommodate English language learners. Providence’s woeful history of half measures and consistent failures to meet the critical needs of its most vulnerable students has necessitated today’s action: a more closely targeted and stringent agreement focused on the newcomer program. ”
“New immigrant students and families bring great promise and a wealth of strengths to school communities, but they too often face great adversity in accessing educational opportunities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Schools far too frequently shut their doors to newcomers or divert them into segregated programs with few opportunities and inadequate services. Federal law is clear: all students, including immigrant students, have a right to meaningfully participate in their district’s educational programs, and the Justice Department is committed to enforcing that right in Rhode Island and across the country.”
The district cooperated with the Department during the investigation and has started to take steps to address some of the concerns identified by the Department.
Under the agreement, the district will ensure that all students in newcomer programs receive adequate instruction in the English language, and that teachers in newcomer programs are appropriately trained and qualified. In addition, the district will take steps to provide language translation and interpretation of important school information to parents of newcomers who are not fluent in English. And the district will ensure that newcomers have equal access to specialized programs, and are appropriately integrated with other English learners, and native English speakers.
The Department of Justice conducted its investigation under the Equal Educational Opportunities Act of 1974, and the Department’s 2018 agreement with the district (extended in 2021) addressing all of the district’s English learner services and programs. Today’s settlement, which focuses on newcomers, will supersede the previous agreement.
The matter was handled by Assistant U.S. Attorney Amy R. Romero of the United States Attorney’s Office for the District of Rhode Island and Trial Attorneys Ajay Saini and Laura Tayloe of the Education Opportunities Section, Civil Rights Division of the Department of Justice.
Enforcement of the Equal Educational Opportunities Act is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available at www.justice.gov/crt, and additional information about the work of the division’s Educational Opportunities Section is available at www.justice.gov/crt/combating-national-origin-discrimination-schools.
Members of the public can report possible civil rights violations at civilrights.justice.gov/report/ or by emailing [email protected]. Anyone in Rhode Island may also report civil rights violations directly to the U.S. Attorney’s Office for the District of Rhode Island at https://www.justice.gov/usao-ri/civil-rights-enforcement or 401-709-5000.
View a copy of the settlement agreement here.
View the settlement summary here.
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‘Recidivist Child Sexual Predator’ Sentenced to More Than Thirty-Seven Years in PrisonRead the Press Release
PROVIDENCE, RI – A thrice convicted sex offender described in court documents as being a “recidivist, hands-on child sexual predator” who most recently sought out, solicited, and groomed what he believed to be a thirteen-year-old Rhode Island girl was sentenced today in U.S. District Court in Providence to more than thirty-seven years in federal prison, announced United States Attorney Zachary A. Cunha.
Court documents detail that prior to his arrest in this matter, Jesus Maldonado, 61, a former resident of Waterbury, CT, was convicted and incarcerated on three separate occasions for sexually assaulting minors, one of whom he impregnated, and another of whom he transported over state lines to sexually assault. Maldonado was also separately convicted and sentenced for failing to register as a sex offender.
In the current matter, Maldonado 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 to having committed these felony offenses involving a minor while he was required to register as a sex offender. He was sentenced today by U.S. District Court Chief Judge John J. McConnell, Jr. to 447 months of incarceration to be followed by lifetime federal supervised release.
“This defendant’s long and sordid history reflects a repeated determination to prey on and sexually assault minor victims, inflicting lasting damage on their lives,” remarked U.S. Attorney Cunha. “That ends today. With this sentence, we have ensured that the public and future victims are safe from Mr. Maldonado’s predations for decades to come.”
“Maldonado sent explicit messages to and attempted to prey on what he believed to be a child. But instead of a child, he was speaking to a detective with the Internet Crimes Against Children Task Force, leading to his arrest and his significant sentence today,” said Special Agent in Charge Michael J. Krol for Homeland Security Investigations, New England. “It is a sad truth that every day real children are groomed and exploited online. HSI is working ceaselessly with our partners to keep children safe online and ensure predators like Maldonado are brought to justice.”
According to court documents and information provided to the court, beginning in March 2019, Maldonado engaged in a series of sexually explicit online and text communications with a person known to him as “Jeni,” who he believed to be a 13-year-old girl. Despite being told early in their conversations that he was conversing with a 13 year old, Maldonado expressed interest in making “Jeni” his wife; repeatedly engaged in graphic sexual chat, and sent sexually explicit images, all while attempting to persuade “Jeni” to meet with him to engage in sexual activity, a. Unbeknownst to Maldonado, the person with whom he was communicating was, in fact, a Rhode Island State Police Detective assigned to the Rhode Island State Police Internet Crimes Against Children Task Force and a Task Force Officer with Homeland Security Investigations.
The case was prosecuted by Assistant United States Attorneys Stacey A. Erickson and Denise M. Barton.
The matter was investigated by the Rhode Island State Police ICAC Task Force, Rhode Island State Police Computer Crimes Unit, and Homeland Security Investigations.
United States Attorney Cunha thanks the United States Attorney’s Office for the District of Connecticut and Homeland Security Investigations in New Haven, CT., for their assistance.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
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Agreement Reached with East Providence Boys & Girls Club to Resolve Allegations of Disability DiscriminationRead the Press Release
PROVIDENCE, RI – Zachary A. Cunha, United States Attorney for the District of Rhode Island, announced today that the Boys & Girls Club of East Providence, Inc (“EPBGC”) resolved allegations that it violated the Americans with Disabilities Act (“ADA”) by denying children the opportunity to participate in its Kinder Camp program because of their disabilities.
The settlement resolves a complaint filed by the parent of a child with autism, alleging that EPBGC refused to make reasonable accommodations so that her child could attend Kinder Camp, a free 8-week session summer camp for children registered to start kindergarten at East Providence schools. The United States’ investigation determined that during the registration process for Kinder Camp, EPBHC’s Education Director asked parents to submit a copy of their child’s Individualized Education Plan (IEP). Six parents of registered children submitted their child’s IEP to EPBGC, and EPBGC denied admission to five of those six children. One child with an IEP was admitted to Kinder Camp, but only after the parent first explained to EPBGC’s Education Director that the child’s behaviors had improved after the IEP was written and he would not need accommodations. While there was no formal complaint process, parents of three of the children complained about the denial, and the EPBGC Associate Director reversed those denials. However, the complainant and one other guardian of a child who was denied admission were not aware of an appeal or complaint process, and as a result, their children were unable to attend Kinder Camp and had to seek alternate childcare arrangements for the summer.
“Summer fun is for everyone, and when it comes to summer camp, the ADA is clear that nobody should be left out because of a disability,” remarked U.S. Attorney Zachary A. Cunha. “This resolution—our Office’s fourth ADA settlement with a local summer camp—should serve as a reminder that this Office will stand up to make sure that children with disabilities have access to the activities and services that the law requires.”
Under the terms of the settlement agreement, EPBGC will take certain remedial measures, including:
- Train its staff on the ADA;
- Evaluate the application of each child applying to attend the camp, on a case-by-case basis, and make reasonable modifications to permit children with disabilities to attend;
- Adopt a non-discrimination policy;
- Pay $20,000 in compensation to the aggrieved parents and children; and,
- Report to the United States on its compliance annually for two years.
This is the fourth settlement agreement that the U.S. Attorney’s Office has entered into with a camp regarding violations of the ADA. Under the ADA, summer camps, whether private or run by municipalities, must afford reasonable modifications to ensure that children with disabilities can participate fully in camp programs and activities. Camps must evaluate each child on an individual basis and train their staff in the requirements of the ADA. When a parent and a child’s physician determine that it is appropriate for a child to self-administer medication or for a trained layperson to assist a child with care, a camp or childcare program must provide this as a reasonable modification under the ADA, unless doing so would fundamentally alter the program.
The United States’ case was handled by AUSA Amy Romero.
For more information on the ADA, 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 401-709-5010.
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settlement_agreement_.pdfTwo Men Face Federal Charges in Grandparent Scams that Targeted Elderly Victims Across Multiple StatesRead the Press Release
PROVIDENCE, RI – Two men have been arrested and charged for their alleged roles as couriers in grandparent scams that targeted seniors in multiple states including Rhode Island and Massachusetts, announced United States Attorney Zachary A. Cunha.
Roberto Munoz, 29, of Hialeah, FL, and Jason Rhodes, 34, of Flushing, New York, are charged by federal criminal complaint with conspiracy to commit wire fraud and aggravated identity theft. They appeared before a federal Magistrate Judge on Friday and were released on unsecured bond and GPS electronic monitoring.
Grandparent scams often involve an elderly victim receiving a telephone call and being told that a family member, often a grandchild, needs bail because they have been arrested for committing a crime or causing a motor vehicle accident . Scammers identify themselves as a family member, an attorney, or a member of law enforcement, and direct victims to obtain cash and give it to a courier who will either arrive to pick up the money, or meet them at a specified drop-off location.
Couriers frequently operate in a particular geographical area, where they await instructions and victim information from other individuals participating in the scheme. It is alleged that in early March 2024, Munoz and Rhodes, operating as couriers, traveled to various locations in Rhode Island and Massachusetts and collected approximately $230,000 in payments from unsuspecting victims in more than a dozen communities.
Munoz and Rhodes were arrested by Warwick Police on March 8, 2024, as detectives were investigating the third complaint they had received in a single week from area residents, alleging that they had been contacted by, or had fallen victim to, scammers. It is alleged that, after one set of grandparent victims had already turned over $18,000 to a courier to cover what they were told was bail for their grandson, the grandparents were contacted again, were told that their grandchild was now being sued for $100,000, and that a $40,000 payment was immediately required. At this point, recognizing that the demands were part of a scam, the grandparents contacted the Warwick Police Department, which set up surveillance inside and outside the grandparents’ home while waiting for the courier to return. Rhodes was arrested at the house when he allegedly arrived to collect the money; Munoz was arrested while sitting in a car near the home, allegedly waiting the return of Rhodes.
A court-authorized search of the vehicle and a nearby hotel room registered to Rhodes resulted in the seizure of more than $60,000 in cash and other items. A subsequent investigation by Warwick Police and Homeland Security Investigations determined that the defendants had allegedly been provided the names and addresses of grandparent scam victims in Coventry, Newport, Cranston, Hopkinton, West Greenwich, East Greenwich, and Smithfield, RI; in Stanhope, IA; and in Braintree, Hanover, Plymouth, Scituate, Cohasset, Stoughton, and Lakeville, MA. A device allegedly seized from Rhodes at the time of his arrest contained chat messages sent to him by Munoz that appear to contain names and addresses of target victims and their grandchildren in Wisconsin, Illinois, Virginia, Kansas, Maryland, Tennessee, Iowa, North Carolina, and New Jersey.
This investigation remains ongoing, but, based upon local police reports it is believed that numerous families in Rhode Island and Massachusetts been victimized.
A federal criminal is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney Ly T. Chin.
The matter was investigated by Homeland Security Investigations, with the assistance of the Newport, Cranston, Hopkinton, West Greenwich, Smithfield, and Coventry, RI Police Departments; Rhode Island State Police; the Braintree, Hanover, Plymouth, Scituate, Stoughton, Lakeville, and Northbridge, MA Police Departments; and the Hamilton County Sheriff’s Department, IA.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available by calling the National Elder Fraud Hotline: 1-833 FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professional who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m.[ET]. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, http://www.elderjustice.gov.
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Justice Department to Monitor Voting Compliance in Pawtucket, Providence, and WoonsocketRead the Press Release
PROVIDENCE, RI – United States Attorney Zachary A. Cunha announced today that the Justice Department will monitor compliance with federal voting rights laws in Pawtucket, Providence, and Woonsocket for the Nov. 5 general election.
The Justice Department enforces federal voting rights laws that protect the rights of all eligible citizens to access the ballot. The department regularly deploys its staff to monitor for compliance with federal civil rights laws in elections in communities across the country.
The Justice Department’s Civil Rights Division will coordinate the effort. Monitors will include Justice Department personnel, who will contact state and local election officials as needed throughout Election Day.
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, National Voter Registration Act, Help America Vote Act, Uniformed and Overseas Citizens Absentee Voting Act and Civil Rights Acts. The division’s Disability Rights Section enforces the Americans with Disabilities Act (ADA) to ensure that persons with disabilities have a full and equal opportunity to vote. The division’s Criminal Section enforces federal criminal statutes that prohibit voter intimidation and voter suppression based on race, color, national origin or religion.
On Election Day, Civil Rights Division personnel will be available all day to receive questions and complaints from the public related to possible violations of federal voting rights laws. Reports may be made through the department’s website www.civilrights.justice.gov or by calling toll-free at 800-253-3931. [The U.S. Attorney’s Office will also be available to receive complaints on Election Day at (401) 709-5010.
Individuals with questions or complaints related to the ADA may call the department’s toll-free ADA information hotline at 800-514-0301 or 833-610-1264 (TTY) or submit a complaint through a link on the department’s ADA website at www.ada.gov.
Complaints related to any disruptions at a polling place should always be reported to local election officials (including officials based in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. These complaints should also be reported to the department after local authorities have been contacted.
More information about voting and elections, including guidance documents and other resources, is available at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.
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Departamento de Justicia monitoreará el cumplimiento de las votaciones en Pawtucket, Providencia y WoonsocketRead the Press Release
PROVIDENCE, RI – El Fiscal Federal Zachary Cunha anunció hoy que el Departamento de Justicia monitoreará el cumplimiento con las leyes federales de derechos electorales en Pawtucket, Providence, e Woonsocket en las elecciones generales del 5 de noviembre.
El Departamento de Justicia hace cumplir las leyes federales de derechos electorales que protegen el derecho de acceso a las urnas de todos los ciudadanos. El Departamento envía personal del departamento periódicamente a monitorear elecciones en comunidades a través de todo el país.
La División de Derechos Civiles del Departamento de Justicia coordinará este esfuerzo conjunto. Los monitores incluirán a personal del Departamento de Justicia, quienes se pondrán en contacto con oficiales electorales estatales y locales según sea necesario.
La Sección de Votación de la División de Derechos Civiles hace cumplir las leyes federales civiles que protegen el derecho al voto, incluyendo la Ley del Derecho al Voto, la Ley Nacional de Inscripción de Votantes, la Ley Ayudemos a Estados Unidos a Votar, la Ley de Votación para los Uniformados y los Ciudadanos en el Extranjero y la Ley de Derechos Civiles. La Sección de Derechos en Razón de Discapacidad de la División hace cumplir la Ley para Estadounidenses con Discapacidades (ADA, por sus siglas en inglés) para asegurar que las personas con discapacidades tengan igualdad de oportunidades de votar plenamente. La Sección Penal de la División hace cumplir las leyes federales penales que prohíben la intimidación de votantes y la supresión del voto por razón de raza, color, origen nacional o religión.
En el Día de las Elecciones, personal de la División de Derechos Civiles estará disponible para recibir preguntas y quejas del público relacionadas a posibles vulneraciones de las leyes federales de derechos electorales. Estos reportes podrán presentarse mediante la página web del Departamento en www.civilrights.justice.gov o por teléfono al número gratuito (800) 253-3931 (disponible en español). La Fiscalía Federal también estará disponible para recibir quejas el Día de las Elecciones al (401) 709-5010.
Las personas que tengan preguntas o quejas relacionadas a la ADA pueden llamar a la línea directa de información sobre la ADA al (800) 514-0301 o (833) 610-1264 (TTY) o someter su queja a través del enlace en la página web del Departamento sobre la ADA en www.ada.gov.
Denuncias relacionadas a disturbios en un lugar de votación siempre deben reportarse a los oficiales electorales locales (incluyendo a los funcionarios con sede en ese lugar de votación). Denuncias relacionadas a violencia, amenazas de violencia o intimidación en un lugar de votación deben reportarse inmediatamente a la policía local llamando al 911. Estas denuncias deben reportarse al Departamento una vez se hayan puesto en contacto con las autoridades locales.
Información adicional sobre la votación y las elecciones, incluyendo documentos guías y otros recursos, está disponible en la página web www.justice.gov/voting. Aprenda más sobre la Ley del Derecho al Voto y otras leyes federales electorales en la página web www.justice.gov/crt/voting-section.
Las quejas sobre posibles violaciones de las leyes federales de derechos electorales se pueden presentar directamente a la División de Derechos Civiles en Washington, DC mediante el formulario de queja en la página web https://civilrights.justice.gov/ o por llamada a 800-253-3931.
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“Bearded Bandit” Bank Robber Admits Striking the Same Rhode Island Bank AgainRead the Press Release
PROVIDENCE, RI – A Cranston man, previously convicted in federal court and incarcerated for more than six years for robbing nine banks in 2012, admitted to a federal judge on Wednesday that he participated in the robbery of an East Providence bank on New Year’s Eve in December 2019, a bank he had previously robbed during his 2012 spree, announced United States Attorney Zachary A. Cunha.
Justin Worley, 44, known previously as the “Bearded Bandit,” admitted that he entered the bank late in the afternoon of December 31, 2019 with another person, and that they each approached a teller and demanded that they empty their money drawers. The second man, later identified as Nicholas Lage, 38, brandished a knife during the robbery. Between them, the two men fled the bank with approximately $12,000. They were spotted and arrested later in the evening at Twin River casino.
Worley pleaded guilty on Wednesday to charges of conspiracy to commit bank robbery and bank robbery. He is scheduled to be sentenced on January 30, 2025. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
Nicholas Lage pleaded guilty on April 1, 2021, to charges of conspiracy to commit bank robbery and bank robbery. He was sentenced on August 6, 2021, to 36 months of incarceration to be followed by three years of federal supervised release.
The case is being prosecuted by Assistant United States Attorney Ronald R. Gendron.
The matter was investigated by East Providence Police Department and the FBI.
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Mortgage Broker Admits to Running a Ponzi Scheme, Fraudulently Acquiring CARES Act Loans, Filing a False Tax ReturnRead the Press Release
PROVIDENCE, RI – United States Attorney Zachry A. Cunha announced today that a Rhode Island mortgage broker who purported to match borrowers seeking short-term loans with private lenders seeking high rates of return admitted to a federal judge that he misappropriated more than $1.5 million dollars of investors’ funds by using the money to repay earlier investors, support his own international investment opportunities, and to cover personal expenses.
Additionally, Joseph Giuttari, owner and operator of Hybrid Capital Group, LLC; THE FENS CO., LLC; and Realty Funding Advisors, LLC, among others, admitted that he filed fraudulent applications seeking COVID-19 pandemic Economic Injury Disaster Loans (EIDL) for two of his companies, and that he failed to accurately report on his personal 2019 IRS tax return a total income of more than $540,000.
Giuttari pleaded guilty today to charges of wire fraud, theft of government property, and filing a false tax return.
Charging documents reflect that Giuttari falsely misrepresented his investment experience and success in an effort to persuade investors. As part of his scheme, Giuttari allegedly misrepresented to investors the amount a borrower was interested in obtaining; misrepresented that documents were in place to secure the investment funds; inflated how much borrowers owed; used borrowers’ names without their authorization to obtain funds from investors; and created fraudulent promissory notes and real estate documents bearing forged signatures of borrowers.
Giuttari admitted that he lulled investors with false and fraudulent excuses and promises, and that he placated and appeased certain earlier investors and lenders by paying them back using new investor monies he obtained. Court documents reflect that at sentencing the government will show that the amount of loss attributable to the defendant is between $3,500,000 and $9,500,000.
Additionally, Giuttari admitted to the court that he fraudulently applied for and acquired over $160,000 in pandemic EIDL loans for Hybrid Capital Group and THE FENS CO that he was not entitled to receive. He did so by falsely stating on EIDL applications that his companies were not engaged in lending or investments.
Giuttari further admitted that he falsely stated on his 2019 U.S. Individual Income Tax Return that his total income was $22,176, when in fact it was at least $541,000.
Giuttari is scheduled to be sentenced on January 30, 2025. The defendant’s sentence 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 United States Attorney Sandra R. Hebert.
The matter was investigated by the FBI and Internal Revenue Service Criminal Investigation.
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Three Charged in Multi-State Fraud and Money Laundering ConspiracyRead the Press Release
PROVIDENCE, RI – Three individuals from Georgia have been charged in federal District Court in Providence, RI, for their alleged roles in a wide-ranging lottery and sweepstakes scam that, according to court documents, defrauded senior citizens in Rhode Island and several other states out of at least one million dollars, announced United States Attorney Zachary A. Cunha.
Court documents allege that Patrick Dallas, 36, and Stacey Robinson, 28, of Atlanta, GA, and Owen Demoy Byfield, 32, of Cumming, GA, defrauded individuals through a bogus “Publishers Clearing House” (PCH) or similar sweepstakes scam and laundered the proceeds through entities and bank accounts they controlled. All three are charged with conspiracy to commit mail and wire fraud, and conspiracy to commit money laundering.
As detailed in court filings, it is alleged that seniors were duped into believing that they had won significant sums of money, often times millions of dollars, in a PCH lottery or sweepstakes. These seniors were advised that, in order to collect their winnings, they were required to provide personal identifying information for prize verification purposes, and they were informed that they had to pay upfront fees or taxes. Some of the victims were directed to send money, gift cards, and/or high value items such as Rolex watches and iPhones, purportedly to cover these fees, to various addresses controlled by the defendants.
It is alleged that one victim, a 77-year-old Rhode Island man, received what purported to be a notification from PCH, informing him that he had been randomly entered into a raffle and had won $17,500,000. After contacting the “prize representative” listed in the notification as instructed, the victim was contacted multiple times by another person purporting to be from PCH who instructed him to wire transfer $100,000 to an account later determined by law enforcement to be controlled by a member of the conspiracy. Over time, the victim was repeatedly instructed to purchase a total of three Rolex watches valued together at $42,746 and to ship them to addresses later determined to be associated with a member of the conspiracy. The 77-year-old was further instructed to write and send four checks, each written for $30,000, to an address he was provided. When this 77-year-old gentleman attempted to send the checks, a FedEx employee advised him that he was likely being victimized by scammers and that he should contact the Warwick Police Department. The FedEx employee refused to accept the mailing.
According to court documents, an investigation by the Warwick Police Department, Homeland Security Investigations, and the United States Postal Inspection Service determined that seniors in numerous states had fallen prey to similar scenarios on multiple occasions, and that victims provided significant amounts of money to various entities or bank accounts allegedly controlled by members of the conspiracy. It is alleged that the fraudulently obtained funds were often moved around by members of the conspiracy to other entities and bank accounts they controlled. Some of the funds, including the money wired by the Rhode Island victim, were allegedly used to purchase a home. It is alleged that in applying for a mortgage, altered and fraudulent documents were submitted to a mortgage lender.
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 John P. McAdams.
The matter was investigated by Homeland Security Investigations, United States Postal Inspection Service, and the Warwick Police Department, with the assistance of Homeland Security Investigations in Atlanta, Georgia State Patrol, Forsyth County Sherriff’s Office, Fulton Count Sherriff’s office, the U.S. Marshalls Service, and the East Providence Police Department.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available by calling the National Elder Fraud Hotline: 1-833 FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professional who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m.[ET]. English, Spanish, and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, http://www.elderjustice.gov.
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criminal_complaint_affidavit.pdfProvidence Man Pleads Guilty to Trafficking Fentanyl, Theft of Government Funds, Aggravated Identity TheftRead the Press Release
According to information presented to the court, in September 2023, following a two-month investigation into his drug trafficking activities, members of the Rhode Island DEA Drug Task Force sought and executed a court authorized search warrant at Nunez Rodriguez’s Providence apartment, where they seized 613 grams of fentanyl and a total of approximately $25,000 in cash.
Additionally, task force agents discovered 28 United States Treasury checks addressed to different individuals, 39 federal tax returns in envelopes addressed to the IRS, and personal identifying information belonging to 976 individuals.
A follow-up investigation by Internal Revenue Service Criminal Investigation found that 436 tax returns had been fraudulently filed using the Providence address listed. The investigation also determined that Nunez Rodriguez had fraudulently obtained 43 U.S. Treasury checks in amounts ranging from $1,400 to $1,800. Fifteen had been deposited into bank accounts that he controlled; 28 additional checks were found to be in his possession at the time of his arrest.
Nunez Rodriquez is scheduled to be sentenced on February 12, 2025. 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 United States Attorney Paul F. Daly, Jr.
The matter was investigated by the Rhode Island DEA Drug Task Force and IRS Criminal Investigation.
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Former Rhode Island Man Indicted in Alleged Fraudulent Investment SchemeRead the Press Release
PROVIDENCE, RI – A former Rhode Island resident who held himself out to be a “Master Software Architect” and “Data Scientist” while allegedly orchestrating fraudulent investment schemes has been indicted by a federal grand jury in Providence on seven counts of wire fraud and three counts of money laundering, announced United States Attorney Zachary A. Cunha.
The indictment alleges that Jack A. Ranallo, aka Giacomo A. Siciliano, 69, most recently of Manorville, NY, held himself out to potential investors as a software developer and businessman. He falsely claimed to would-be investors in Rhode Island that he was in the process of developing software programs, such as iGuardian360, a purported cyber security program, and Intelligrid, a program designed to divert electricity between power stations to avoid an outage. Additionally, he falsely claimed to own a company, iGuardian Angel, which held copyrights on his cybersecurity software, when in fact no such company or copyrights existed.
It is further alleged that Ranallo falsely claimed to investors to be in the process of developing yet another company, 1013 Products Group, to acquire and resell liquidated products.
The indictment alleges that, to bolster his credibility with potential investors, Ranallo created bogus text messages and simulated incoming calls from well-known entrepreneurs, such as the founders of Apple, Oracle Corporation, Amazon, Microsoft, and the hedge fund Appaloosa Management. To reinforce the impression that some of these corporations had interests in his businesses, Ranallo allegedly purchased bank checks made out to some of these companies, and to the “Register of Copyrights,” which he showed to an investor. After allegedly showing the investor the checks, Ranallo deposited them into his personal bank account, along with monies he collected from would-be investors. He allegedly used the funds to purchase a condominium, vehicles, and to pay personal expenses.
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 Sandra R. Hebert.
The matter was investigated by the United States Postal Inspection Service and the Rhode Island State Police Financial Crimes Unit, with the assistance of the Suffolk County, NY, Police Department.
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indictment.pdfU.S. Attorney’s Office, FBI Prepared to Handle Complaints of Voting Rights Concerns, Election FraudRead the Press Release
PROVIDENCE, RI – United States Attorney Zachary A. Cunha announced today that Assistant United States Attorney (AUSA) Amy R. Romero will lead the efforts of his Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 5, 2024, general election. AUSA Romero has been appointed to serve as the District Election Officer (DEO) for the District of Rhode Island, and in that capacity is responsible for overseeing the District’s handling of election day complaints of voting rights concerns, threats of violence to election officials or staff, and election fraud, in consultation with Justice Department Headquarters in Washington.
United States Attorney Cunha said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted in a fair and free election. Similarly, election officials and staff must be able to serve without being subject to unlawful threats of violence. The Department of Justice will always work tirelessly to protect the integrity of the election process.”
The Department of Justice has an important role in deterring and combatting discrimination and intimidation at the polls, threats of violence directed at election officials and poll workers, and election fraud. The Department will address these violations wherever they occur. The Department’s longstanding Election Day Program furthers these goals and also seeks to ensure public confidence in the electoral process by providing local points of contact within the Department for the public to report possible federal election law violations.
Federal law protects against such crimes as threatening violence against election officials or staff, intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters, and provides that they can vote free from interference, including intimidation, and other acts designed to prevent or discourage people from voting or voting for the candidate of their choice. The Voting Rights Act protects the right of voters to mark their own ballot or to be assisted by a person of their choice (where voters need assistance because of disability or inability to read or write in English).
United States Attorney Cunha stated that: “The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise can exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of voting rights concerns and election fraud during the upcoming election, and to ensure that such complaints are directed to the appropriate authorities, AUSA/DEO Romero will be on duty in this District while the polls are open. She can be reached by the public at the following telephone number: (401) 709-5068.”
In addition, the FBI will have special agents available in each field office and resident agency throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (401) 272-8310.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division in Washington, DC by complaint form at https://civilrights.justice.gov/ or by phone at 800-253-3931.
United States Attorney Cunha said, “Ensuring free and fair elections depends in large part on the assistance of the American electorate. It is important that those who have specific information about voting rights concerns or election fraud make that information available to the Department of Justice.”
Please note, however, in the case of a crime of violence or intimidation, please call 911 immediately and before contacting federal authorities. State and local police have primary jurisdiction over polling places, and almost always have faster reaction capacity in an emergency.
View United States Attorney Cunha’s Election Day Program public service announcement at https://www.youtube.com/watch?v=Lw02Lr2DyCA&t=16s
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La Fiscalía Federal y el FBI están preparados para manejar Quejas sobre problemas de derechos electorales y fraude electoralRead the Press Release
PROVIDENCE, RI – El Fiscal Federal Zachary A. Cunha anunció hoy que la Fiscal Federal Adjunta Amy R. Romero liderará los esfuerzos de su Oficina en relación con el Programa Nacional del Día de las Elecciones del Departamento de Justicia para las próximas elecciones generales del 5 de noviembre de 2024. Fiscal Federal Adjunta Romero ha sido designada para servir como Oficial Electoral de Distrito (DEO) para el Distrito de Rhode Island, y en esa capacidad es responsable de supervisar el manejo por parte del Distrito de las quejas del día de las elecciones sobre preocupaciones sobre el derecho al voto, amenazas de violencia a los funcionarios o al personal electoral, y fraude electoral, en consulta con la sede del Departamento de Justicia en Washington.
El Fiscal Federal Cunha dijo: “Todo ciudadano debe poder votar sin interferencias ni discriminación y que ese voto se cuente en una elección justa y libre. De manera similar, los funcionarios y el personal electoral deben poder desempeñar sus funciones sin estar sujetos a amenazas ilegales de violencia. El Departamento de Justicia siempre trabajará incansablemente para proteger la integridad del proceso electoral”.
El Departamento de Justicia desempeña un papel importante a la hora de disuadir y combatir la discriminación y la intimidación en las urnas, las amenazas de violencia dirigidas a funcionarios y trabajadores electorales, y el fraude electoral. El Departamento abordará estas violaciones dondequiera que ocurran. El Programa del Día de las Elecciones de larga data del Departamento promueve estos objetivos y también busca garantizar la confianza del público en el proceso electoral al proporcionar puntos de contacto locales dentro del Departamento para que el público informe posibles violaciones de la ley electoral federal.
La ley federal protege contra delitos como amenazar con violencia contra funcionarios o personal electoral, intimidar o sobornar a votantes, comprar y vender votos, hacerse pasar por votantes, alterar el recuento de votos, llenar las urnas y marcar las papeletas para los votantes en contra de sus deseos o sin su opinión. También contiene protecciones especiales para los derechos de los votantes y establece que pueden votar sin interferencias, incluida la intimidación, y otros actos diseñados para impedir o disuadir a las personas de votar o votar por el candidato de su elección. La Ley de Derecho al Voto protege el derecho de los votantes a marcar su propia boleta o a ser asistido por una persona de su elección (cuando los votantes necesitan asistencia debido a una discapacidad o incapacidad para leer o escribir en inglés).
El Fiscal Federal Cunha afirmó que: “El sufragio es la piedra angular de la democracia estadounidense. Todos debemos asegurarnos de que quienes tienen derecho al derecho al voto puedan ejercerlo si así lo desean, y que quienes traten de corromperlo sean llevados ante la justicia. Para responder a las quejas sobre inquietudes sobre el derecho al voto y fraude electoral durante las próximas elecciones, y para garantizar que dichas quejas se dirijan a las autoridades correspondientes, AUSA/DEO Romero estará de servicio en este Distrito mientras las urnas estén abiertas. Puede ser contactada por el público en el siguiente número de teléfono: (401) 709-5068.”
Además, el FBI tendrá agentes especiales disponibles en cada oficina local y agencia residente en todo el país para recibir denuncias de fraude electoral y otros abusos electorales el día de las elecciones. El público puede comunicarse con la oficina local del FBI al (401) 272-8310.
Las quejas sobre posibles violaciones de las leyes federales de derecho al voto se pueden presentar directamente a la División de Derechos Civiles en Washington, DC mediante el formulario de queja en https://civilrights.justice.gov/ o por teléfono al 800-253-3931.
El Fiscal Federal Cunha dijo: “Garantizar elecciones libres y justas depende en gran parte de la asistencia del electorado estadounidense. Es importante que quienes tengan información específica sobre inquietudes sobre el derecho al voto o fraude electoral la pongan a disposición del Departamento de Justicia”.
Sin embargo, tenga en cuenta que, en el caso de un delito de violencia o intimidación, llame al 911 inmediatamente y antes de comunicarse con las autoridades federales. La policía estatal y local tiene jurisdicción primaria sobre los lugares de votación y casi siempre tiene una capacidad de reacción más rápida en caso de emergencia.
Vea el anuncio de servicio público del Programa del Día de las Elecciones del Fiscal Federal Cunha en la página web https://www.youtube.com/watch?v=Lw02Lr2DyCA&t=16s
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