District of Rhode Island
Press releases recorded for this federal judicial district.
Co-owners of Rhode Island Health Care Centers Charged with Health Care FraudRead the Press Release
PROVIDENCE, RI – The co-owners of a Warwick-based holistic health care center have been charged in federal court with allegedly defrauding federal and private health care insurance providers out of nearly $1.9 million dollars by submitting fraudulent claims for reimbursement for services that were not provided, announced United States Attorney Zachary A. Cunha.
Brandon Nowak, 32, of Providence, and Jason Simmons, 32, of Foster, co-owners of Alternative Integrated Medicine, LLC (doing business as AIM Health), made initial appearances on Tuesday before a U.S. Magistrate Judge on charges of health care fraud conspiracy, health care fraud, and filing false claims. The defendants were released on unsecured bond.
AIM Health is based in Warwick, with satellite offices located in Pawtucket, North Kingstown, and East Providence. Nowak serves as President and CEO, and. Simmons acts as the Vice President, Chief Financial Officer, and Compliance Office of the company.
It is alleged in charging documents that, at Nowak’s direction, and with Simmons’ knowledge, AIM Health electronically submitted for payment claims for services that did not occur or were not covered, including such treatment as infrared therapy, hot and cold therapy, therapeutic activity, and self-care/home management training.
Additionally, it is alleged that AIM Health submitted reimbursement claims for acupuncture and evaluation and management office visits when the actual services provided were massages given by licensed massage therapists (a non-covered service); that the company billed for high complexity office visits without providing that level of service; that AIM modified codes on reimbursement forms to avoid triggering automatic denials for payment for services that were either not provided nor medically necessary; and that AIM billed for covered and non-covered services rendered by uncredentialed providers under the provider numbers of credentialed providers.
As a result of this conduct, it is alleged that AIM Health fraudulently obtained $1,872,330 in payments from government and private insurers to which AIM was not entitled to receive.
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 Attorneys John P. McAdams and Rachna Vyas.
The matter was investigated by the U.S. Department of Health and Human Services-Office of Inspector General and the FBI, with assistance from the Defense Criminal Investigative Service and the Department of Veterans Affairs-Office of Inspector General.
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U.S. Attorney’s Office Recognizes World Elder Abuse Awareness DayRead the Press Release
PROVIDENCE, RI – U.S. Attorney Zachary A. Cunha joins national, state, local, and Tribal leaders in recognizing World Elder Abuse Awareness Day (WEAAD) on Saturday, June 15, 2024. Since 2006, WEAAD has been commemorated to promote awareness and increases understanding of the many forms of elder abuse and elder fraud, as well as the resources available to those at risk.
Highlighting the partnership between law enforcement and the public, U.S. Attorney Cunha emphasized the importance of awareness and education.
“Elder fraud and abuse take a devastating toll on families, friends, and neighbors,” remarked U.S. Attorney Cunha. “Whether they deprive seniors of hard-earned financial security or physical safety, this office remains committed not just to prosecuting those who prey on the elderly, but to helping friends and family protect their loved ones from the impact of these crimes. I urge Rhode Islanders to educate themselves and learn to recognize the signs of elder fraud and abuse, report them to law enforcement, and help stand up for those they care about.”
Elder abuse is an act that knowingly, intentionally, or negligently causes or creates a serious risk of harm to an older person by a family member, caregiver, or other person in a trust relationship. Such harm may be financial, physical, sexual, or psychological. Elder fraud is the financial exploitation of senior citizens, often through scams or frauds targeting their assets. The Justice Department maintains a variety of programs and initiatives to combat elder fraud and abuse.
The Transnational Elder Fraud Task Force marshals federal and state agencies working collaboratively to investigate and prosecute foreign-based schemes that target older Americans. In addition to aggressively investigating the individuals, organizations, and networks responsible for these crimes, this initiative provides the public with information to guard against both traditional scams, like tech support fraud, as well as trending schemes, such as romance scams.
Using one scam to perpetrate or conceal another, some fraudsters rely on money mules to move the proceeds of their illegal activity. Preying on the good will or financial vulnerability of their targets, scammers recruit people, many times older victims, to participate in schemes to move money in ways that avoid notice. The Money Mule Initiative identifies and addresses money mule activity to disrupt these fraud schemes, and helps people to recognize and avoid participation in perpetuating fraud.
To help older individuals and their families identify and avoid fraudulent activity, the Justice Department provides Senior Scam Alerts with information about the tactics used in specific schemes. For example, in Social Security Administration Impostor schemes, scammers impersonate government administrators and falsely reporting suspicious activity to request that the victims provide their Social Security number for confirmation. In Tech Support scams, fraudsters contact victims, sometimes through internet pop-up messages, to warn about non-existent computer problems, ask that the victim give them remote access to their computer, and identify a non-existent problem, then demand large sums of money for unnecessary services. In Lottery scams, telemarketers falsely notify victims that they have won a sweepstakes and tell them they must first pay fees for shipping, insurance, customs duties, or taxes before they can claim their prizes.
To view and/or download a video message from U.S. Attorney Cunha and to learn more about the District of Rhode Island’s and the Department of Justice’s Elder Abuse Awareness efforts visit the District's website at Elder Justice Initiative page.
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Correctional Officer Admits Role in Scheme to Smuggle Contraband into Wyatt Detention CenterRead the Press Release
PROVIDENCE, RI – A now former Donald W. Wyatt Detention Facility correctional officer admitted to a federal judge today that he smuggled approximately 200 Suboxone strips into the detention center that were seized from a detainee’s cell, announced United States Attorney Zachary A. Cunha.
Appearing in U.S. District Court, Kaii Almeida-Falcones, 30, of Smithfield, pleaded guilty to a charge of providing contraband to an inmate. He is scheduled to be sentenced on September 12, 2024. The defendant’s sentence will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
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 Suboxone strips to Almeida-Falcones, who then smuggled the Suboxone inside the facility.
On February 15, 2021, a strip search of detainee Emmanuel Nolasco, 37, of Providence, and his cell, revealed a package containing Suboxone strips. The strips were sent to a lab that determined the presence of 201 strips, 5 of which were partial strips, all containing Buprenorphine, which is an ingredient in Suboxone.
The case is being 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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Providence Man Who Admitted His Role in a Cocaine Trafficking Conspiracy Involving the Kidnapping a U.S. Postal Worker Sentenced to Nearly Six Years in PrisonRead the Press Release
PROVIDENCE, RI – A Providence man who previously admitted to his role in a drug trafficking conspiracy, which involved a plot to kidnap a U.S Postal Service (USPS) employee while members of the conspiracy searched for missing cocaine that had been shipped from Puerto Rico, was sentenced today to nearly six years in federal prison, announced United States Attorney Zachary A. Cunha.
Irving Medina, 36, pleaded guilty on March 14, 2024, to a charge of conspiracy to possess 500 grams or more of cocaine with the intent to distribute. He was sentenced today by U.S. District Court Chief Judge John J. McConnell, Jr., to 70 months of incarceration to be followed by four years of federal supervised release.
In addition to admitting to his role in the conspiracy, Irving Medina admitted that co-conspirators abducted a USPS employee in an effort to locate the drugs. Medina conducted surveillance outside of a Pawtucket post office on May 28, 2021, and the next day outside of a mailman’s home. As alleged in court documents, on June 1, 2021, members of the conspiracy kidnapped the letter carrier at gunpoint and drove him to his home, interrogating him about the missing cocaine. After it became obvious that the mailman knew nothing about the missing drugs, and after the men learned that the letter carrier did not have a key with him to allow them to enter his locked home to search for cocaine, the kidnappers returned the mailman to an area near where his postal truck was parked.
According to information presented to the court, three packages, each containing approximately one kilogram of cocaine, were seized by law enforcement. On August 31, 2021, law enforcement executed a court-authorized search of Irving Medina’s residence, and seized numerous items associated with drug trafficking, including $800 in cash, fifty bags filled with fentanyl, three bags filled with cocaine base, and a quantity of cutting agent.
The matter was investigated by the United States Postal Inspection Service, with the assistance of Pawtucket Police, Rhode Island State Police Violent Fugitive Task Force, Rhode Island State Police K-9 Unit, Rhode Island High Intensity Drug Trafficking Area Task Force, and the United States Marshals Service.
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New Assistant United States Attorney Appointed to Serve in the District of Rhode IslandRead the Press Release
PROVIDENCE, RI – United States Attorney Zachary A. Cunha today announced the appointment and swearing-in of Rachna Vyas as an Assistant United States Attorney for the District of Rhode Island. Ms. Vyas will serve in the Office’s Civil Division, focusing on complex, white collar matters with a particular emphasis on health care fraud cases related to the opioid crisis.
Prior to joining the District of Rhode Island, Ms. Vyas served as an Associate with the law firm of Verrill Dana, LLP, where she handled health care and life science matters. Prior to that, Ms. Vyas was a Senior Associate at Choate, Hall, & Stewart, LLP, where she specialized in government enforcement and white collar matters. She is a graduate of Princeton University and the University of California, Berkeley, School of law, and served as a legal affairs intern with International Maritime Organization, London, UK, and as a judicial intern in Suffolk Superior Court, Boston.
“Rachna Vyas is an exceptionally talented lawyer whose ability and experience make her a tremendous addition to the District,” remarked U.S. Attorney Zachary A. Cunha. “She joins an exceedingly capable group of civil litigators and prosecutors who work tirelessly to pursue corporate accountability and protect Rhode Islanders, and I have every confidence that she will make a great contribution to our team.”
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Providence Man Admits to Illegal Acquisition of SNAP Benefits, Unlawful Possession of a FirearmRead the Press Release
PROVIDENCE, RI – A Dominican national unlawfully in the United States and living in Providence admitted to a federal judge today that he participated in a conspiracy that defrauded the United States Department of Agriculture’s (USDA) Supplemental Nutrition Assistance Program (SNAP) of more than $213,000 in benefits, and that at the time of his arrest he was illegally in possession of a firearm, announced United States Attorney Zachary A. Cunha.
Giomar Lopez Meireles, 41, pleaded guilty in U.S. District Court in Providence to charges of conspiracy to commit wire fraud, illegal acquisition or use of Supplemental Nutrition Assistance Program benefits, and unlawful possession of a firearm. He is scheduled to be sentenced on September 4, 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.
According to information presented to the court, Lopez Meireles conspired with others as part of a scheme that used stolen identities and social security numbers to submit fraudulent applications for SNAP benefits in the form of electronic benefit transfer, or EBT, cards. Many of the ill-gotten government funded benefit cards were either mailed to Lopez Meireles’s residence or to nearby addresses. Upon receipt of the SNAP EBT cards, Lopez Meireles used the cards to make purchases for himself and others, or sold the cards to others for cash.
Fraudulent applications submitted between about September 2021 to November 2023 to the Rhode Island Department of Human Services, which administers the federally-funded SNAP program, resulted in approximately $213,397 in benefits being issued. A court-authorized search of Lopez Meireles’s residence resulted in the seizure of a collection of EBT cards, many of which were wrapped in a paper ledger listing the dollar amounts and PINs on the cards. Agents also seized a 9mm pistol found wrapped in clothing in Lopez Meireles’s bedroom closet.
This matter was investigated the U.S. Department of Agriculture - Office of Inspector General and the Rhode Island Office of Internal Audit - Fraud Detection & Prevention Unit. Valuable assistance was provided by U.S. Secret Service, U.S. Marshals Service, U.S. Postal Inspection Service, Department of Homeland Security - Office of Inspector General, Social Security Administration - Office of Inspector General, Rhode Island State Police, Providence Police Department, and Woonsocket Police Department.
The case is being prosecuted by Assistant United States Attorney Julianne Klein.
Johnston Man Sentenced to Ten Years in Prison for Trafficking Thousands of Fentanyl PillsRead the Press Release
PROVIDENCE, RI – The leader of a fentanyl trafficking conspiracy that distributed and possessed enough fentanyl to create more than two million potentially lethal doses of the drugs has been sentenced to ten years in federal prison, announced United States Attorney Zachary A. Cunha.
Jonathan King, 33, of Johnston, who previously admitted to a federal judge that he arranged for the sale and delivery of thousands of fentanyl-laced pills, some of which were delivered at his direction by family members, including his father, was convicted in U.S. District Court on June 7, 2022, of conspiracy to distribute more than 400 grams of fentanyl and distribution of 400 grams or more of fentanyl. He 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.
“The defendant’s drug distribution network put countless Rhode Island lives at risk for his own selfish gain,” remarked U.S. Attorney Cunha. “This prosecution, and today’s decade-long sentence should make one thing clear: in a time when overdose rates in our state remain at crisis levels, and every city and town in Rhode Island has seen opioid overdose deaths, we are determined to use every federal law enforcement tool at our disposal to stop combat significant opioid traffickers.”
“The state of Rhode Island is faced with a fentanyl crisis unlike ever before as deaths continue to soar,” said Acting DEA Special Agent in Charge Stephen P. Belleau, New England Field Division. “Those responsible for distributing lethal drugs like fentanyl disguised in pills to the citizens of Rhode Island need to be held accountable for their actions. Today’s sentence holds Mr. King accountable for his crimes and we will continue to work with our law enforcement partners to put other callous distributers like him behind bars. Make no mistake, DEA will aggressively pursue Drug Trafficking Organizations who are distributing this poison in order to profit and destroy people’s lives.”
At today’s sentencing hearing, King was ordered to forfeit proceeds derived from his drug trafficking activities to include a Jaguar XF and $6,750 in cash seized at the time of his arrest on July 20, 2021.
The case was prosecuted by Assistant U.S. Attorney G. Michael Seaman, with the assistance of Assistant U.S. Attorney Lee H Vilker.
The matter was investigated by the Rhode Island Drug Task Force, comprised of personnel from the DEA; Internal Revenue Service Criminal Investigation; Rhode Island State Police; Cranston Police Department; Middletown Police Department; Newport Police Department; Pawtucket Police Department; Providence Police Department; Warwick Police Department; Woonsocket Police Department; and Amtrak Police.
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Contractor Sentenced for Bankruptcy Fraud, Suborning Perjury, Money Laundering, and Wire FraudRead the Press Release
PROVIDENCE – A self-employed contractor who waged a multi-year campaign of fraud, harassment, and abuse in the United States Bankruptcy Court, and who executed multiple schemes; made false representations; intentionally obstructed proceedings; and suborned perjury, all to conceal substantial assets from the bankruptcy court, has been sentenced to three years in federal prison, announced United States Attorney Zachary A. Cunha.
Additionally, Ernest P. Ricci, 62, of North Kingstown, previously admitted to a federal judge that he fraudulently applied for and received COVID-related Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) from the Small Business Administration (SBA), money that he laundered in an effort to conceal it from the bankruptcy court.
Ricci 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. Ricci was also ordered to pay restitution in the amount of $129,306 to the SBA and $77,568 to the IRS, jointly and severally with his wife. He pleaded guilty in November 2023 to charges of bankruptcy fraud, obstruction, suborning perjury, wire fraud, and money laundering,
In October 2017, prior to filing a Chapter 7 Bankruptcy petition in an attempt to protect a $1.5 million dollar home in Florida that he and his wife used as both rental property and a vacation home, and on which he had failed to make any mortgage payments for approximately five years, Ricci transferred all of the assets of his business: Premier Home Restoration LLC (Premier), to his wife. He then falsely submitted documents to the Bankruptcy Court, under oath, indicating that he had been unemployed for many years, that he had no income, that he garnered no compensation of any kind from his wife’s company, that he controlled no bank accounts, and that he had no assets or properties other than the Florida home. In fact, it was determined, Ricci continued to control Premier after he transferred the company to his wife; that he ran its day-to-day operations; and that he made use of income from the company to maintain his lifestyle, none of which he disclosed to the Bankruptcy Court.
Additionally, Ricci failed to truthfully disclose rental income from his Florida property and from another property that he owned in New Hampshire; and that he was untruthful when he claimed that he held a $200,000 mortgage in the name of another person for the New Hampshire property when, in fact, he owned the property himself and was collecting rent, and that he convinced that person to commit perjury before the bankruptcy trustee.
In addition to the schemes employed by Ricci to hide assets and mislead the Bankruptcy Court, after the Bankruptcy Trustee was declared to be the equitable owner of Ricci’s former company, Premier, Ricci fraudulently applied for COVID-related PPP EIDL loans from the SBA, purportedly to pay Premier employees and company expenses. When filing loan applications, Ricci failed to disclose that the Trustee was the owner of Premier, and that he and the company were involved in bankruptcy proceedings. After obtaining the EIDL and PPP loans, Ricci laundered the proceeds by conducting a series of financial transactions to conceal the location, ownership, and control of the COVID support payments which he used to purchase rental property in Warwick, RI, in the name of another person.
Court documents detail a number of stalling tactics, frivolous pleadings, and fraudulent claims by Ernest Ricci, including claims that he was indigent, during the years’ long bankruptcy proceedings. Documents also detail numerous combative communications sent by Ernest Ricci to the bankruptcy Trustee, some laced with profanities.
The case was prosecuted by Assistant U.S. Attorney John P. McAdams.
The matter was investigated by the FBI, Internal Revenue Service Criminal Investigation, and the United States Bankruptcy Trustee.
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Justice Department Secures Agreement with Pawtucket, Rhode Island, to Resolve Voting Rights LawsuitRead the Press Release
The Justice Department announced today that it has secured an agreement with the City of Pawtucket, Rhode Island, and city elections officials to resolve allegations that Pawtucket failed to provide Spanish-language assistance for voters in violation of the Voting Rights Act and did not allow qualified voters to cast provisional ballots in violation of the Help America Vote Act.
The proposed consent decree was filed in conjunction with the lawsuit brought by the Justice Department. The department’s lawsuit alleges that Pawtucket failed to provide election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency, in violation of Section 203 of the Voting Rights Act. Section 203 requires that certain jurisdictions, including Pawtucket, provide election materials and assistance in other languages, in addition to English. The lawsuit also alleges that Pawtucket and city elections officials refused to allow individuals who were qualified to cast a provisional ballot to do so and failed to train and instruct poll workers accurately and adequately regarding the requirements for provisional ballots, all in violation of Section 302 of the Help America Vote Act. If individuals are not listed on the official registration list, HAVA requires an election official to notify individuals that they may cast a provisional ballot if they declare that they are a registered voter in the jurisdiction and eligible to vote in the election.
“Language barriers should never prevent an eligible voter from being able to fully participate in the democratic process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Providing bilingual materials and language assistance for those who are limited English proficient will ensure that these citizens have a meaningful opportunity to participate in our democracy. We will continue to confront any barriers that stand between voters and the ability to cast their vote.”
“The right to vote is the right on which all others depend,” said U.S. Attorney Zachary A. Cunha for the District of Rhode Island. “This office will remain vigilant in enforcing our civil rights laws to ensure that illegal barriers to access do not keep Americans from casting their ballots. I am grateful for our continued partnership with the Civil Rights Division on this case and commend the City of Pawtucket for taking action to ensure that these issues are addressed.”
The proposed consent decree, which must be approved by the court, requires the implementation of a comprehensive Spanish-language elections program under Section 203. The City of Pawtucket will provide all election-related information in both English and Spanish, including information in the polling places and online. The City of Pawtucket also will ensure that in-person language assistance is available at all early voting sites and at each election precinct on Election Day. In addition, the consent decree provides that all voters who are registered to vote have a right to cast a provisional ballot if their name is not found on the registration list. The consent decree also provides that federal observers may monitor election day activities in polling places in the City of Pawtucket.
More information about voting and elections is available on the Justice Department’s website 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 federal voting rights laws can be submitted through the Civil Rights Division’s website at civilrights.justice.gov or by telephone at 1-800-253-3931. Individuals can also contact the U.S. Attorney’s Office for the District of Rhode Island either by emailing [email protected] or by calling (401)-709-5010.
Justice Department Reaches Agreement with the City of Pawtucket to Resolve Voting Discrimination Claims in Rhode IslandRead the Press Release
PROVIDENCE, RI – The United States Attorney’s Office for the District of Rhode Island and the Justice Department’s Civil Rights Division announced today that the United States has entered into a proposed consent decree with the City of Pawtucket, Rhode Island, and city election officials, to settle a voting rights lawsuit, announced United States Attorney Zachary A. Cunha and Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division.
The proposed consent decree was filed in federal court in Rhode Island in conjunction with a lawsuit brought by the U.S. Attorney’s Office and the Civil Rights Division. The lawsuit alleges that Pawtucket failed to provide election assistance and materials in Spanish for Spanish-speaking voters with limited English proficiency, in violation of Section 203 of the Voting Rights Act. Section 203 requires that certain jurisdictions, including Pawtucket, provide election materials and assistance in other languages, in addition to English. The lawsuit also alleges that Pawtucket and city election officials refused to allow individuals who were qualified to cast a provisional ballot to do so, and failed to train and instruct poll workers accurately and adequately regarding the requirements for provisional ballots, all in violation of Section 302 of the Help America Vote Act.
Under the proposed consent decree, which is subject to approval by a special three-judge court in the U.S. District Court of Rhode Island, the City of Pawtucket and Board of Canvassers will provide all election-related information in both English and Spanish, including information displayed in polling places and online. The City will also ensure that in-person language assistance is available at all early voting sites and at each election precinct with at least 100 Spanish-surnamed registered voters. In addition, the consent decree provides that the City will provide specific training for poll workers. The City will recruit bilingual poll workers and provide training to all bilingual poll workers on Spanish language election terminology, how to provide effective language assistance, and voting instructions. The City will train all poll workers on the provisional ballot requirements under Section 302. The consent decree also provides that federal observers may monitor election day activities in polling places in Pawtucket.
“The right to vote is the right on which all others depend.” said U.S. Attorney Zachary A. Cunha, “and this Office will remain vigilant in enforcing our civil rights laws to ensure that illegal barriers to access do not keep Americans from casting their ballots. I am grateful for our continued partnership with the Civil Rights Division on this case, and commend the City of Pawtucket for taking action to ensure that these issues are addressed.”
“Language barriers should never prevent an eligible voter from being able to fully participate in the democratic process,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Providing bilingual materials and language assistance for those who are limited English proficient will ensure that these citizens have a meaningful opportunity to participate in our democracy. We will continue to confront any barriers that stand between voters and the ability to cast their vote.”
More information about the Voting Rights Act and other federal voting rights laws are available on the Justice Department’s website at https://www.justice.gov/crt/voting-section. Individuals may file voting rights complaints with the Civil Rights Division either online here or may call (800)253-3931. Individuals may also contact the U.S. Attorney’s Office for the District of Rhode Island either by emailing [email protected] or by calling (401)709-5010.
The government is represented by Assistant U.S. Attorney Amy R. Romero from the U.S. Attorney’s Office for the District of Rhode Island, and Deputy Chief Timothy Mellett and Trial Attorney Maria Rios of the Voting Section in the Justice Department’s Civil Rights Division.
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consent_order.pdf pawtucket_doj_filed_complaint.pdfEl Departamento de Justicia llega a un acuerdo con la ciudad de Pawtucket, Rhode Island, para resolver demanda sobre el derecho al votoRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con la ciudad de Pawtucket, Rhode Island y los oficiales electorales de la ciudad para resolver alegaciones de que Pawtucket no proporcionó asistencia en español a los votantes en violación a la Ley de Derechos Electorales y no permitió a votantes calificados a emitir votos provisionales en violación a la Ley de Ayudemos a Estados Unidos a Votar (“HAVA,” por sus siglas en inglés).
El decreto por consentimiento propuesto fue radicado junto con la demanda del Departamento de Justicia. La demanda del Departamento alega que Pawtucket no proporcionó asistencia electoral ni materiales en español a los votantes hispanoparlantes con dominio limitado del inglés en violación a la sección 203 de la Ley de Derechos Electorales. La sección 203 exige que ciertas jurisdicciones, incluyendo Pawtucket, proporcionen materiales electorales y asistencia en otros idiomas, además del inglés. La demanda también alega que Pawtucket y los oficiales electorales de la ciudad se negaron a permitir a personas que estaban calificadas para emitir un voto provisional lo hicieran, y no capacitaron ni instruyeron a los trabajadores electorales de manera precisa y adecuada sobre los requisitos del voto provisional, en violación de la sección 302 de la Ley de Ayudemos a los Estados Unidos a Votar. Si las personas no aparecen en la lista oficial de inscripción, HAVA exige que un trabajador electoral notifique a las personas de que podrían emitir un voto provisional si declaran que son votantes registrados en la jurisdicción y elegibles para votar en la elección.
“Las barreras idiomáticas jamás deben privar a un votante elegible de participar plenamente en el proceso democrático”, dijo Kristen Clarke, Fiscal GeneralAuxiliar a cargo de la División de Derechos Civiles del Departamento de Justicia. “Proporcionar materiales bilingües y asistencia para aquellas personas con conocimientos limitados del inglés asegurará que dichos ciudadanos tendrán la oportunidad de participar en nuestra democracia. Nosotros seguiremos enfrentando a las barreras que se interponen entre los votantes y sus oportunidades de emitir sus votos”.
“El derecho a votar es el derecho del que dependen todos los demás”, dijo el Fiscal Federal Zachary A. Cunha, “y esta oficina permanecerá alerta para hacer cumplir nuestras leyes de derechos civiles para garantizar que las barreras ilegales de acceso no impidan que los estadounidenses emitan sus votos. Agradezco nuestra continua asociación con la División de Derechos Civiles en este caso, y felicito a la ciudad de Pawtucket por tomar medidas para asegurar que se solucionen estos problemas”.
El decreto por consentimiento, que aún requiere la aprobación del tribunal, exige el establecimiento de un programa de asistencia idiomática integral en español bajo la sección 203. La ciudad de Pawtucket proporcionará toda la información relacionada con las elecciones en inglés y español, incluyendo en los lugares de votación y en línea. La ciudad de Pawtucket también garantizará la presencia de oficiales electorales bilingües en los lugares de votación anticipada y en los lugares de votación el Día de las elecciones. Además, el decreto por consentimiento provee que todos los votantes inscritos tengan el derecho de emitir un voto provisional si sus nombres no aparecen en el registro de votantes. El decreto por consentimiento también dispone que observadores federales pueden monitorear las actividades el día de elecciones en los lugares de votación de la ciudad de Pawtucket.
Más información sobre el derecho al voto y las elecciones está disponible en www.justice.gov/voting y Vote.gov en Español. Para obtener más información sobre la Ley de Derechos Electorales y otras leyes federales electorales, visite el portal del Departamento de Justicia en www.justice.gov/crt/voting/.
Para reportar una posible vulneración de las leyes federales de derecho al voto a la División de Derechos Civiles puede hacerlo en línea en www.civilrights.justice.gov o llamar al (800) 253-3931. Puede también ponerse en contacto con la Oficina del Fiscal Federal del Distrito de Rhode Island por correo electrónico a [email protected] o llamar al (401) 709-5010.
El Departamento de Justicia llega a un acuerdo con la ciudad de Pawtucket para resolver reclamos de discriminación electoral en Rhode IslandRead the Press Release
PROVIDENCE, RI – La Oficina del Fiscal Federal para el Distrito de Rhode Island y la División de Derechos Civiles del Departamento de Justicia anunciaron hoy que Estados Unidos ha firmado una propuesta de decreto de consentimiento con la ciudad de Pawtucket, Rhode Island, y funcionarios electorales de la ciudad, para resolver una demanda sobre derechos de voto, anuncio el Fiscal de los Estados Unidos Zachary A. Cunha y Asistente Fiscal General Kristen Clark de la División de Derechos Civiles del Departamento de Justicia
El decreto de consentimiento propuesto se presentó ante un tribunal federal de Rhode Island junto con una demanda presentada por la Fiscalía Federal y la División de Derechos Civiles. La demanda alega que Pawtucket no proporcionó asistencia electoral ni materiales en español a votantes que hablan español con dominio limitado del inglés, en violación de la Sección 203 de la Ley de Derecho al Voto. La Sección 203 exige que ciertas jurisdicciones, incluyendo Pawtucket, proporcionen materiales electorales y asistencia en otros idiomas, además del inglés. La demanda también alega que Pawtucket y los funcionarios electorales de la ciudad se negaron a permitir que las personas que estaban calificadas para emitir un voto provisional lo hicieran y no capacitaron ni instruyeron a los trabajadores electorales de manera precisa y adecuada sobre los requisitos para los votos provisionales, todo en violación de la Sección 302 de la Ley Ayudemos a Estados Unidos a Votar.
Según el decreto de consentimiento propuesto, cual está sujeto a la aprobación de un tribunal especial de tres jueces en el Tribunal de Distrito de Rhode Island de los EE. UU., la ciudad de Pawtucket y la Junta de Encuestadores proporcionarán toda la información relacionada con las elecciones en inglés y español, incluyendo información mostrada en los lugares de votación y en línea. La Ciudad también garantizará que haya asistencia lingüística en persona disponible en todos los sitios de votación anticipada y en cada distrito electoral con al menos 100 votantes registrados de apellido hispano. Además, el decreto de consentimiento establece que la Ciudad brindará capacitación específica a los trabajadores electorales. La Ciudad reclutará trabajadores electorales bilingües y brindará capacitación a todos los trabajadores electorales bilingües sobre terminología electoral en español, cómo brindar asistencia lingüística efectiva y instrucciones de votación. La Ciudad capacitará a todos los trabajadores electorales sobre los requisitos de la boleta provisional según la Sección 302. El decreto de consentimiento también establece que los observadores federales pueden monitorear las actividades del día de las elecciones en los lugares de votación en Pawtucket.
"El derecho a votar es el derecho del que dependen todos los demás". dijo el Fiscal Federal Zachary A. Cunha, “y esta Oficina permanecerá alerta para hacer cumplir nuestras leyes de derechos civiles para garantizar que las barreras ilegales de acceso no impidan que los estadounidenses emitan sus votos. Agradezco nuestra continua asociación con la División de Derechos Civiles en este caso y felicito a la ciudad de Pawtucket por tomar medidas para garantizar que se solucionen estos problemas”.
“Las barreras idiomáticas jamás deben privar a un votante elegible de participar plenamente en el proceso democrático,” dijo Kristen Clarke, Secretaria de Justicia Auxiliar a cargo de la División de Derechos Civiles del Departamento de Justicia. “Proveer materiales bilingües y asistencia para aquellas personas con conocimientos limitados del inglés asegurará que dichos ciudadanos tendrán la oportunidad de participar en nuestra democracia. Nosotros seguiremos enfrentando a las barreras que se interponen entre los votantes y sus oportunidades de emitir sus votos.”
Más información sobre la Ley de Derecho al Voto y otras leyes federales sobre el derecho al voto están disponibles en el sitio web del Departamento de Justicia https://www.justice.gov/crt/voting-section. Individuos pueden presentar quejas sobre derechos de voto ante la División de Derechos Civiles ya sea en línea aqui o pueden llamar (800) 253-3931. Individuos también pueden comunicarse con la Oficina del Fiscal Federal para el Distrito de Rhode Island enviando un correo electrónico a [email protected] o por llamada a (401)709-5010.
El gobierno está representado por la Fiscal Federal Auxiliar Amy R. Romero de la Fiscalía Federal para el Distrito de Rhode Island, y el Jefe Adjunto Timothy Mellett y la Abogada Litigante María Ríos de la Sección de Votación de la División de Derechos Civiles del Departamento de Justicia..
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consent_order.pdf pawtucket_doj_filed_complaint.pdfConnecticut Man Sentenced for Trafficking FentanylRead the Press Release
PROVIDENCE, RI – A Windsor, CT, resident who admitted to a federal judge in Rhode Island that he conspired to deliver nearly 90 grams of fentanyl has been sentenced to five years in federal prison, announced United States Attorney Zachary A. Cunha.
Daniel Alexander Smith, 20, previously admitted that between late February through May 2023, he sold seven firearms and conspired with another individual to sell a total of 89.67 grams of fentanyl in the course of five separate transactions. The transactions took place while Smith was under surveillance by members of law enforcement who quickly seized the firearms and drugs.
During the investigation law enforcement seized a Century Arms AK-47 rifle; a Glock 26 semi-automatic pistol; a High Standard revolver; a Taurus PT111 9mm handgun; an FN Tactical Model 502 .22 caliber pistol; a Glock 19x 9mm pistol, and a High Standard M200 20 gauge shotgun.
Additionally, at the time of Smith’s arrest, members of law enforcement seized a loaded Glock 22 firearm with a 22-round magazine and a Switch attached from Smith’s vehicle. The Switch converted the firearm to a fully automatic weapon.
At sentencing today, U.S. District Court Judge William E. Smith sentenced Daniel Alexander Smith to a term of 60 months of incarceration to be followed by three years of federal supervised release.
The case was prosecuted by Assistant United States Attorney Julie M. White.
United States Attorney Cunha thanks the Office of the United States Attorney for the District of Connecticut for its assistance in this prosecution.
The matter was investigated by the FBI Rhode Island Safe Streets Task Force with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the FBI Northern Connecticut Gang Task Force.
The FBI Rhode Island 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. In May 2021, the Justice Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Convicted Sex Offender Sentenced to Federal Prison for Illegal Reentry to the United StatesRead the Press Release
PROVIDENCE, RI – A convicted sex offender deported to his native Guatemala from the United States in April 2019 following his conviction and incarceration on a Rhode Island state charge of indecent solicitation of a minor was sentenced today to twelve months and one day in federal prison for illegally reentering the United States, announced United States Attorney Zachary A. Cunha.
According to information presented to the court, Carlos Gregorio Santos, 52, was arrested by Providence Police on September 29, 2023, following an investigation into an alleged altercation between himself and another man over a dispute about wages. At the time of his arrest, in an apparent effort to shield his true identity, the defendant provided police with a false name and false date of birth. The FBI later confirmed his real identity.
Santos pleaded guilty in U.S. District Court on February 15, 2024, to a charge of illegal reentry after removal. He was sentenced today by U.S. District Court Judge Mary S. McElroy to twelve months and one day in prison to be followed by one year of federal supervised release. Santos faces deportation upon completion of his current term of incarceration.
The case was prosecuted by Assistant U.S. Attorney Julie M. White.
The matter was investigated by U.S. Immigration and Custom Enforcement, with the assistance of the FBI and Providence Police Department.
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California Woman Sentenced to Nearly Four Years in Federal Prison for Trafficking Methamphetamine in Rhode IslandRead the Press Release
PROVIDENCE, RI – A Mexican national who, at the direction of an individual incarcerated in a Maine prison, participated in the delivery of four pounds of methamphetamine to a courier who drove to Rhode Island from Maine to take possession of the drugs, has been sentenced to nearly four years in federal prison, announced United States Attorney Zachary A. Cunha.
According to court documents, while under law enforcement surveillance in Rhode Island on June 6, 2022, Nora Cecilia Carranza Reyes, 52, of Huntington Park, CA, participated in the delivery of a paper bag that contained four pounds of crystal meth to an individual who, at the direction of the Maine inmate, traveled to Rhode Island from Maine to retrieve the drugs. That individual was kept under constant law enforcement surveillance while returning to Maine, and the drugs were seized by law enforcement during a traffic stop in Maine.
A court-authorized search of Carranza Reyes’ motor vehicle in Rhode Island at the time of her arrest on June 8, 2022, resulted in the discovery of more than two-and one-half pounds of methamphetamine stashed inside a duffel bag and in a sophisticated hide located within the engine compartment of the vehicle.
Carranza Reyes pleaded guilty on January 25, 2024, to a charge of conspiracy to distribute and possess with intent to distribute methamphetamine and to a charge of possession with intent to distribute methamphetamine. She was sentenced today by U.S. District Court Judge Mary S. McElroy to forty-six months of incarceration to be followed by three years of federal supervised release.
The case was prosecuted by Assistant United States Attorney Stacey A. Erickson.
The matter was investigated by the Drug Enforcement Administration.
United States Attorney Cunha thanks the United States Attorney’s Office for the District of Maine and the DEA in Bangor, Maine, for their assistance.
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Newport Man Charged with Illegal Re-entry into United States and Failing to Register as a Sex OffenderRead the Press Release
PROVIDENCE, RI – A Guatemalan national, deported after his 2014 conviction in 2014 in Rhode Island state court on charges of second degree sexual assault, a conviction that required him to register as a sex offender, has been charged in federal court with illegally re-entering the United States after deportation and failing to register as a sex offender, announced United States Attorney Zachary Cunha.
According to charging documents, after being deported following his 2014 conviction, it is alleged that Nelson Yocute, 34, returned to the United States illegally, and had been living and working in Newport for the last nine years. It is also alleged that Yocute failed to comply with his obligation to register as a sex offender, as mandated by his 2014 state court sentence.
Mr. Yocute made an initial appearance in US district court on May 14th, 2024, and was ordered detained in federal custody. A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney Denise M. Barton.
The matter was investigated by the Newport Police Department, with the assistance of Homeland Security Investigations and the United States Marshals Service.
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Warwick Man Sentenced to 10 Years in Federal Prison for Attempting to Entice a Minor to Engage in Illicit Sexual ActivityRead the Press Release
PROVIDENCE – A Warwick man who admitted that he attempted to entice a minor boy he communicated with online to engage in illicit sexual activity was sentenced today to 10 years in federal prison, announced United States Attorney Zachary A. Cunha.
Richard Senecal, 64, previously admitted to a federal judge that in April 2022, he engaged in a series of sexually explicit online communications with an individual he believed to be a 14-year-old boy. Senecal sent sexually explicit images and suggested sharing drugs, including methamphetamine, with the boy, and made arrangements to meet in Warwick to engage in sex with the boy. According to information presented to the court, that conduct occurred only months after Senecal was released on bail after being arrested in October 2021 for attempting to solicit a different 14-year-old boy for sex.
In both instances, the individuals that Senecal thought were 14-year-old boys were, in fact, members of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force.
Senecal pled guilty on February 28, 2024, to attempted inducement of a minor to engage in illicit sexual activity. He 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 supervised release. Senecal will be required to register as a sex offender.
The case was prosecuted by Assistant U.S. Attorneys John P. McAdams and Julie M. White.
The matter was investigated by the Rhode Island State Police ICAC Task Force and Homeland Security Investigations.
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Seven Individuals Charged in Postal Employee Theft RingRead the Press Release
PROVIDENCE, RI - Seven individuals, all former or current employees of the U.S. Postal Service, have been charged in federal court with conspiracy and theft of mail for their alleged participation in an alleged mail theft ring spanning from early 2023 through the beginning of 2024, announced United States Attorney Zachary A. Cunha.
Six of seven individuals were arrested today; a seventh defendant was charged earlier this month. All seven men were employed at the Processing and Distribution Center at 24 Corliss Street, Providence, RI. One of the men charged was a supervisor at the distribution center.
According to charging documents, in March 2023, customers began reporting that mail was either not delivered or delivered without its contents. An investigation by, the U.S. Postal Service Office of Inspector General identified a group of employees, including a supervisor, who are alleged to have worked together to sort, separate, and conceal selected mail that they believed to contain cash, checks, or gift cards. At the end of their shift, the mail would be removed surreptitiously from distribution center, usually in a backpack carried by a member of theft ring. The group gathered after their shifts ended and opened the stolen mail, sorting out gift cards, cash, and checks to distribute amongst themselves. During the course of the investigation, it is alleged that one defendant was caught with a backpack of stolen mail that included over $1.3 million worth of checks.
“The misuse of public employment for private gain is both a serious crime and profound breach of the public trust,” commented U.S. Attorney Zachary A. Cunha. “The arrests and charges we announce today should send a clear message that those who engage in public corruption for personal gain will be held accountable.”
U.S. Postal Service, Office of Inspector General, Special Agent in Charge Matthew Modafferi added, “The Special Agents of the U.S. Postal Service Office of Inspector General are committed to maintaining the integrity of the Postal Service and its more than 600,000 employees. The conduct alleged in the criminal complaint is disgraceful and our office will continue to investigate postal employees who violate the public’s trust. This type of behavior within the Postal Service is not tolerated. The USPS OIG would like to thank our law enforcement partners and the District of Rhode Island U.S. Attorney’s Office for their collaboration and efforts with this investigation.”
Charged in U.S. District Court in Providence with conspiracy to steal mail and theft of mail by a postal employee are Darren Camacho, 30, of Providence; Fernando Camacho, 28, of Providence; Willie Estrella, 31, of Providence; Ryan Lee, 43, of Cranston; Cyril Murray, 44, of Pawtucket (employed as a supervisor); Angel Rivera, 27, of Providence; and Andre Williams, 31, of North Providence. A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney Julie M. White.
The matter was investigated by the U.S. Postal Service Office of Inspector General, with the assistance of the U.S. Postal Inspection Service, Providence Police Department, and Smithfield Police Department.
The public can report mail theft by contacting the United States Postal Service Office of Inspector General hotline at 1-888-USPS-OIG (1-888-877-7644; online at www.uspsoig.gov/hotline; via email at [email protected]; or by mail at USPS OIG, Attn: OIG Hotline, 1735 North Lynn Street, Arlington, VA 22209-2020.
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Honduran National Sentenced for Illegal Reentry, Social Security FraudRead the Press Release
PROVIDENCE, RI – A Honduran national who reentered the United States illegally after he had been removed from the country on three previous occasions, and who used the Social Security number of another individual to gain employment has been sentenced to 18 months in federal prison, announced United States Attorney Zachary A. Cunha.
Belfran Joel Najera-Chirinos, 42, previously admitted to a federal judge that he was removed from the United States in 2018 and then removed twice more in 2019, but that he nevertheless again reentered the United States illegally prior to being arrested in Providence in January 2023.
At the time of his most recent arrest, Najera-Chirinos was employed by a local shipbuilder, working under the name, and using the Social Security number, of another individual. When arrested, Najera-Chirinos provided law enforcement the name of yet another individual, and produced a Puerto Rican driver’s license in the name of that person.
Najera-Chirinos pleaded guilty on January 31, 2024, to charges of illegal reentry after deportation and Social Security fraud. He was sentenced by U.S. District Court Judge Mary S. McElroy on May 9, 2024, to 18 months of incarceration to be followed by one year of federal supervised release. Najera-Chirinos faces deportation proceedings upon completion of his current term of incarceration.
The case was prosecuted by Assistant United States Attorney Ronald R. Gendron.
The matter was investigated by the Homeland Security Investigations and the Social Security Administration, Office of the Inspector General/Office of Investigations.
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Wyatt Detention Center Correctional Officer Admits to Attempting to Smuggle Contraband into the FacilityRead the Press Release
PROVIDENCE, RI – A Donald W. Wyatt Detention Facility correctional officer has pleaded guilty in federal court to a charge of attempting to provide contraband in prison, announced United States Attorney Zachary A. Cunha.
Kristopher White, 26, admitted to a federal judge that in December 2021, while on duty at the Wyatt facility, he attempted to deliver papers soaked with MDMB-4en-PINACA, a Schedule 1 controlled substance.
According to information presented to the court, an inmate’s text messages and telephone calls were monitored by a Wyatt Detention Center staff member that revealed that the inmate was working with individuals outside the Wyatt to bring controlled substances into the facility. White was approached by the detainee and ultimately agreed to participate and smuggle contraband into the facility. He met with an associate of White’s to obtain the drug soaked papers.
On December 2, 2021, while on duty at Wyatt, White left the facility and went to his vehicle in the facility parking lot, removed the MDMB-4en-PINACA-soaked papers from his vehicle, and returned to the facility to deliver them to the detainee. White was intercepted and escorted to the Wyatt Professional Standards Unit.
White is scheduled to be sentenced on August 15, 2024. 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 Julie M. White.
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U.S. Attorney Cunha Recognizes National Police WeekRead the Press Release
PROVIDENCE - In honor of National Police Week, U.S. Attorney Zachary A. Cunha joins Attorney General Merrick Garland and his fellow U.S. Attorneys across the nation this week recognizing the service and sacrifice of federal, state, local, and Tribal law enforcement.
“As our country recognizes National Police Week, the Justice Department joins families and communities in remembering the members of the law enforcement community who made the ultimate sacrifice protecting the public,” said Attorney General Merrick Garland. “Policing is difficult and dangerous, yet time and time again, law enforcement officers answer the call, showing up for their communities when they are needed the most. Their devotion to duty is matched only by that of their loved ones who make daily sacrifices to support them. The Justice Department is committed to doing everything in our power to help provide our law enforcement partners with the resources they need to carry out their noble work on behalf of the public.”
“It’s hard to overstate the contribution that police departments and police officers across Rhode Island make to keeping communities across the Ocean State safe and secure,” remarked U.S. Attorney Zachary A. Cunha. “Our partnerships with our state and local police colleagues are vital to our shared mission to do justice, and I salute all of the men and women in uniform who put their lives on the line in the course of this vital work, day in and day out.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. United States Attorney Cunha is attending events hosted by local and state law enforcement in multiple communities in honor of the brave women and men who have given their lives in the service of their community.
On Monday, May 13, the names of more than 280 officers killed in the line of duty in 2024 who have been added to the wall at the National Law Enforcement Officers Memorial were read during a Candlelight Vigil. To view a recording of the livestream of this event, visit https://nleomf.org/memorial/programs/national-police-week-2024/candlelight-vigil/.
To learn more about National Police Week and the virtual candlelight vigil, please visit www.policeweek.org.
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Evoqua Water Technologies Corp. Agrees to Pay $8.5 Million Criminal Penalty for Fraudulent Revenue RecognitionRead the Press Release
PROVIDENCE – United States Attorney Zachary A. Cunha announced today that Evoqua Water Technologies Corp. (EVOQUA), a Pennsylvania company with a division in Rhode Island, has entered a non-prosecution agreement (NPA) with the U.S. Attorney’s Office relating to EVOQUA’s securities fraud arising from improper revenue recognition and false statements to its external auditors between late 2016 and 2018. Under the NPA, EVOQUA will pay an $8.5 million criminal penalty. This amount adds to an $8.5 million civil penalty EVOQUA paid to the U.S. Securities and Exchange Commission (SEC) and $16.65 million that EVOQUA paid to settle shareholder class-action claims based on the same course of conduct. The NPA also imposes monitoring, reporting, and compliance obligations on EVOQUA for two years.
United States Attorney Zachary A. Cunha commented, “EVOQUA deceived investors by claiming it had earned revenue when it had not. As the agreed-upon Statement of Facts makes clear, the Government’s investigation identified serious misconduct for which our agreement holds the company accountable. We will continue to use all of our tools to hold accountable those who commit fraud on the financial markets and thus undermine confidence in our public markets.”
“Today’s settlement should make it clear to companies that we are watching to make sure they are accurately reporting their revenue so investors can make a fair assessment of their stock values. What EVOQUA did in this case by falsely claiming it earned revenue when it did not, seriously undermines the public’s trust in our financial system,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “Investor confidence is essential to keeping our financial markets afloat and the FBI is committed to vigorously investigating complex financial crimes and ensuring corporate accountability.”
Under the NPA, EVOQUA accepts responsibility for the actions of its employees and admits to facts sufficient to prove securities fraud, including the following:
Until May 2023, EVOQUA was a corporation headquartered in Pennsylvania with its Aquatics and Disinfection (“A&D”) Division based in Coventry, Rhode Island that provided municipal and industrial water and wastewater treatment and water filtration equipment and services. In May, 2023, EVOQUA’s stock was acquired by XYLEM INC.
From late 2016 through 2018, EVOQUA’s A&D Division falsely inflated and improperly recognized revenue in violation of Generally Accepted Accounting Principles. EVOQUA intentionally and improperly booked revenue from purported sales of products where:
- the sale was contingent and receiving revenue was not reasonably assured;
- the products had not shipped to customers in the quarter during which the revenue was recognized; and/or
- the component parts had not been completed and/or assembled.
The A&D Division’s improper revenue recognition caused EVOQUA to misstate financial statements as part of its November 2017 initial public stock offering and in subsequent annual and quarterly filings with the SEC. From in or about the fall of 2017 through 2018, EVOQUA also made materially false and misleading statements to and omitted material facts necessary to make statements not misleading to its external auditors concerning EVOQUA’s revenue-recognition practices.
This resolution reflects EVOQUA’s cooperation, acceptance of responsibility for its criminal conduct, remediation efforts, and commitment to enhanced compliance efforts, as well as its prior resolution with the SEC and the shareholder class action. It also takes into account the fact that EVOQUA was acquired by XYLEM, INC. after the conduct at issue in this investigation occurred.
The matter was investigated by the Federal Bureau of Investigation. The case was investigated and prosecuted by First Assistant United States Attorney Sara Miron Bloom and Assistant United States Attorney Kevin Bolan. United States Attorney Cunha thanks the U.S. Securities and Exchange Commission for its valuable assistance with the investigation.
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non_prosecution_agreeement.pdfState of Rhode Island Found to be in Violation of Federal Disability Laws for Over-Hospitalization of Children with Behavioral Disabilities in State CareRead the Press Release
PROVIDENCE, RI - An investigation by the United States Attorney’s Office for the District of Rhode Island and the United States Department of Health and Human Services Office of Civil Rights (HHS OCR) has found that the State of Rhode Island has violated federal civil rights laws by routinely and unnecessarily segregating children with mental health and/or developmental disabilities at Bradley Hospital, an acute-care psychiatric hospital, announced United States Attorney Zachary A. Cunha and HHS OCR Director Melanie Fontes Rainer.
As detailed in a Letter of Findings transmitted to the Governor of Rhode Island and the Director of the Rhode Island Department of Children, Youth and Families (DCYF), the federal government’s comprehensive, multi-year investigation found that, rather than complying with its legal obligation to provide services in the most integrated setting appropriate to the needs of these children, the state has instead left them hospitalized at Bradley for far longer than is necessary.
While Bradley Hospital inpatient admissions are designed to last only one to two weeks, the federal investigation concluded that children with behavioral health disabilities in DCYF’s care were often forced to languish in the hospital for weeks, months, and, in some cases, for more than a year, despite being ready for discharge, and despite the fact that these children would be better served in a family home.
The investigation found that DCYF 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 federal law, specifically Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973.
“It is nothing short of appalling that the state has chosen to warehouse children in a psychiatric institution, rather than stepping up to provide the community care, support, and services that these kids need, and that the law requires,” remarked U.S. Attorney Zachary A. Cunha. “I am hopeful that the findings we announce today will spur swift action by the state to meet its obligations under federal law, and far more importantly, to ensure that the civil rights of these children are upheld.”
“Children with disabilities should be able to come home to the love and support of their families and not be confined to an institution for months on end,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue our vigorous enforcement of the ADA to ensure that children with disabilities can receive the community-based services they need to live with their families and participate in their communities.”
“Today’s finding follows on the heels of the Office for Civil Rights’ efforts to strengthen access to care for people with disabilities like these children,” said HHS OCR Director Melanie Fontes Rainer. “We must do better by our children and the communities we serve, and States and others must follow federal civil rights laws to ensure every child can access care free from discrimination. As we approach the 25th anniversary of the Olmstead decision, today’s action also emphasizes our commitment to continue to protect the critical right of individuals to live in their own homes and communities.”
As detailed in the government’s Letter of Findings, from January 1, 2017, through September 30, 2022, a staggering 527 children either in DCYF care and custody, or receiving services voluntarily through DCYF, were admitted to Bradley Hospital. Of these 527, 116 were hospitalized in a single admission for more than 100 consecutive days; 42 were hospitalized for more than 180 days; and seven children were hospitalized for more than one year. Many of these children were subjected to these avoidable and unnecessarily lengthy hospitalizations at Bradley because DCYF failed to provide the community-based services they need. Keeping a child hospitalized for an extended period when their needs could be served in a less restrictive setting only serves to exacerbate the child’s acute needs. Indeed, the investigation found that extended hospitalization often traumatizes the children as well as their families.
According to the Letter of Findings, DCYF also does not plan for hospital discharges in a way that places children in the most integrated setting appropriate to meet their needs. DCYF’s failure to look for placements in a family home setting with services leads both to delayed discharges and to inappropriate placements post-discharge, which, in turn, often leads to subsequent hospitalizations
This joint investigation by the United States Attorney’s Office and HHS OCR was conducted by Assistant U.S. Attorney Amy R. Romero and Equal Opportunity Specialist Erin Walker of HHS.
The ADA, Section 504, and the Supreme Court’s ruling in Olmstead v. L.C., require state and local governments to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability. Enforcement of Title II of the ADA, Section 504, and the integration mandate of the Olmstead decision, is a priority of the Department of Justice and Department of Health and Human Services.
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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us_ada_and_section_504_violation_findings_letter_to_rhode_island_5.13.24_508.pdfProvidence Man Sentenced for Robbery and Assault of U.S. Postal CarrierRead the Press Release
PROVIDENCE, R.I. – A federal judge on Monday sentenced a Providence man in connection with the robbery and assault of a U.S, Postal Service carrier and the trafficking of more than 500 grams of cocaine, announced United States Attorney Zachary A. Cunha.
United States District Judge William E. Smith sentenced Juan Bautista Rosario-Sandoval, 31, to 40 months in federal prison following convictions for conspiracy to assault and rob a U.S. mail carrier, and conspiracy to possess more than 500 grams of cocaine. Rosario-Sandoval plead guilty to the charges on December 23, 2023.
According to court records, Rosario-Sandoval admitted that, on September 18, 2021, he and another person approached a U.S. mail carrier and conspired to forcibly take a Priority Mail Express Parcel addressed for delivery to a Providence address. When the postal carrier refused to hand over the package, Rosario-Sandoval and the second person opened the doors to the carrier’s Postal Service vehicle, began to pull at and punch the carrier, and then stole and fled with the package. The mail carrier suffered several injuries.
Rosario-Sandoval further admitted to receiving multiple packages of cocaine delivered through the U.S. Mail to addresses in Providence, with gross weights in excess of 500 grams of cocaine.
Rosario-Sandoval is a citizen of the Dominican Republic and will face immigration proceedings upon completion of his sentence.
The case was prosecuted by Assistant U.S. Attorney Ly Chin.
The matter was investigated by United States Postal Inspection Service agents, with the assistance of Providence Police and the Rhode Island State Police.
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Estado de Rhode Island Considerado en Violación de las Leyes Federales de Discapacidad por Hospitalización Excesiva de Niños con Discapacidades Conductuales Bajo Cuidado EstatalRead the Press Release
PROVIDENCE, RI - Una investigación realizada por la Oficina del Fiscal de los Estados Unidos para el Distrito de Rhode Island y la Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos de los Estados Unidos (HHS OCR) ha descubierto que el Estado de Rhode Island ha violado las leyes federales de derechos civiles al rutinariamente e innecesariamente segregar a niños con discapacidades de salud mental y/o del desarrollo en el Hospital Bradley, un hospital psiquiátrico de cuidados intensivos, anunciaron el fiscal de los Estados Unidos Zachary A. Cunha y la directora de la Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos de los Estados Unidos (HHS OCR), Melanie Fontes Rainer.
Como se detalla en una Carta de Conclusiones transmitida al Gobernador de Rhode Island y al Director del Departamento de Niños, Jóvenes y Familias de Rhode Island (DCYF), la investigación integral de varios años del gobierno federal encontró que, en lugar de cumplir con su obligación legal de proporcionar servicios en el entorno más integrado y apropiado a las necesidades de estos niños, el estado los ha dejado hospitalizados en Bradley durante mucho más tiempo del necesario.
Mientras que las admisiones de pacientes hospitalizados en el Hospital Bradley están diseñadas para durar sólo una o dos semanas, la investigación federal concluyó que los niños con discapacidades de salud conductual bajo el cuidado del DCYF a menudo fueron obligados a languidecer en el hospital durante semanas, meses y, en algunos casos, durante más de un año, a pesar de estar listos para ser dados de alta del hospital y a pesar de que estos niños estarían mejor atendidos en un hogar familiar.
La investigación encontró que el DCYF no garantizó que los niños con discapacidades pudieran acceder a los servicios intensivos basados en el hogar y en la comunidad que necesitaban, y fallaron en facilitar las altas inmediatas del Hospital Bradley a hogares familiares, lo cual resultó en hospitalizaciones prolongadas e innecesarias, o riesgo de hospitalización en el futuro, todo lo cual que esta en violación de la ley federal, específicamente el Título II de la Ley de Estadounidenses con Discapacidades y la Sección 504 de la Ley de Rehabilitación de 1973.
"Es nada menos que espantoso que el estado haya optado por internar a los niños en una institución psiquiátrica, en lugar de dar un paso adelante para brindarles la atención, el apoyo y los servicios comunitarios que estos niños necesitan y que exige la ley", comentó el fiscal federal Zachary. A. Cunha. "Tengo la esperanza de que los hallazgos que anunciamos hoy impulsen una acción rápida
por parte del estado para cumplir con sus obligaciones bajo la ley federal y, mucho más importante, para garantizar que se respeten los derechos civiles de estos niños".
"Los niños con discapacidades deberían poder regresar a casa con el amor y el apoyo de sus familias y no ser confinados en una institución durante meses", dijo la Fiscal General Adjunta Kristen Clarke de la División de Derechos Civiles del Departamento de Justicia. "Continuaremos nuestra aplicación vigorosa de la ADA para garantizar que los niños con discapacidades puedan recibir los servicios comunitarios que necesitan para vivir con sus familias y participar en sus comunidades".
"El hallazgo de hoy sigue los pasos de los esfuerzos de la Oficina de Derechos Civiles para fortalecer el acceso al cuidado para personas con discapacidades como estos niños", dijo la directora de la OCR del HHS, Melanie Fontes Rainer. “Debemos hacerlo mejor para nuestros niños y las comunidades a las que servimos, y los estados y los demás deben seguir las leyes federales de derechos civiles para garantizar que todos los niños puedan acceder cuidado sin discriminación. A medida que nos acercamos al vigésimo quinto aniversario de la decisión de Olmstead, la acción de hoy también enfatiza nuestro compromiso de continuar protegiendo el derecho fundamental de las personas a vivir en sus propios hogares y comunidades”.
Como se detalla en la Carta de Conclusiones del gobierno, desde el 1 de enero del 2017 hasta el 30 de septiembre del 2022, la asombrosa cifra de 527 niños, ya sea bajo el cuidado y custodia del DCYF o que recibieron servicios voluntariamente a través del DCYF, fueron admitidos en el Hospital Bradley. De estos 527 niños, 116 fueron hospitalizados en una sola admisión durante más de 100 días consecutivos; 42 estuvieron hospitalizados por más de 180 días; y siete niños estuvieron hospitalizados durante más de un año. Muchos de estos niños fueron sometidos a hospitalizaciones evitables e innecesariamente largas en Bradley porque el DCYF no les proporcionó los servicios comunitarios que necesitaban. Mantener a un niño hospitalizado durante un período prolongado cuando sus necesidades podrían satisfacerse en un entorno menos restrictivo sólo sirve para exacerbar las necesidades agudas del niño. De hecho, la investigación encontró que la hospitalización prolongada a menudo traumatiza tanto a los niños como a sus familias.
Según la Carta de Conclusiones, el DCYF tampoco planifica las altas hospitalarias de una manera que coloque a los niños en el entorno más integrado y apropiado para satisfacer sus necesidades. El hecho de que el DCYF no busque colocaciones en un hogar familiar con servicios provoca retrasos a las altas hospitalarias y a las colocaciones inapropiadas después de que hayan sido dados de alta, lo que, a su vez, a menudo conduce a hospitalizaciones posteriores.
Esta investigación conjunta de la Fiscalía de los Estados Unidos y la OCR del HHS fue realizada por la fiscal federal adjunta Amy R. Romero y la especialista en igualdad de oportunidades Erin Walker del HHS.
La Sección 504 de la ADA y la decisión judicial de la Corte Suprema en Olmstead v. L.C. exigen que los gobiernos estatales y locales pongan servicios a disposición de las personas con discapacidades en el entorno más integrado y adecuado a sus necesidades, independiente de su edad o tipo de discapacidad. La aplicación del Título II de la ADA, Sección 504, y el mandato de integración de la decisión Olmstead, es una prioridad del Departamento de Justicia y del Departamento de Salud y Servicios Humanos.
Puede encontrar información adicional sobre la ADA en la página web www.ada.gov o llamando a la línea gratuita de información sobre la ADA del Departamento de Justicia al 800-514-0301 o al 800-514-0383 (TDD). Para obtener más información sobre la Sección 504 de la Ley de Rehabilitación y cómo protege a las personas con discapacidades, visite la página web: https://www.hhs.gov/civil-rights/for-individuals/disability/index.html. Para más información sobre las actividades Olmstead de la OCR, visite la página web: https://www.hhs.gov/civil-rights/for-individuals/special-topics/community-living-and-olmstead/index.html.
Las personas que crean que sus derechos civiles han sido violados pueden presentar una queja ante la Oficina de Derechos Civiles en la página web: www.hhs.gov/civil-rights/filing-a-complaint/index.html. Cualquier persona en Rhode Island también puede denunciar violaciones de derechos civiles directamente a la Fiscalía Federal para el Distrito de Rhode Island en la página web: https://www.justice.gov/usao-ri/civil-rights-enforcement o llamando a 401-709-5000.
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us_ada_and_section_504_violation_findings_letter_to_rhode_island_5.13.24_508.pdfRegistered Sex Offender Pleads Guilty to Attempted Enticement and Child Pornography ChargesRead the Press Release
PROVIDENCE, R.I. – A registered sex offender residing in North Smithfield admitted to a federal judge on Wednesday that he posed as a 17-year-old boy and engaged in a series of explicit online communications with two young teenage boys living in Florida; that he attempted to obtain sexual explicit videos and images of the boys; that he sent them obscene videos of himself engaged in sexual activity; and that he attempted to arrange a meeting with a person whom he believed to be one of the boys to engage in illicit sexual activity, announced United States Attorney Zachary A. Cunha.
Nicholas Sannicandro, 34, charged by way of indictment pleaded two counts of attempted inducement of a minor to engage in illicit sexual activity, two counts of attempted transfer of obscene material to a minor, one count of possession and access with intent to view child pornography, and one count of commission of an offense by a registered sex offender. No plea agreement was been filed in this matter.
Sannicandro admitted that beginning in January 2021, and continuing into June 2021, he began separately communicating with two Florida minor, = boys, whom he met through an Instagram account. He admitted that he had sexually explicit communications with each of the boys. During those communications Sannicandro asked each of them to send him sexually explicit videos and image of themselves.
Additionally, during what he thought were ongoing communications with one of the boys, but were actually with an undercover officer who had taken over the boy’s account, Sannicandro invited the boy to visit him in Rhode Island; discussed sexual acts that he wanted to engage in with the boy; and twice sent him videos of himself engaged in sexual activity.
Sannicandro was arrested at a Warwick marina on June 22, 2021, where he was expecting to meet with the boy. The meeting had been arranged by the North Port, FL, undercover officer posing online as the boy and by the FBI.
Sannicandro also admitted to the court that he possessed child pornography on his phone, which was seized from him upon his arrest, and that as a result of prior convictions involving child pornography and attempted dissemination of obscene material to minors in the Commonwealth of Massachusetts, he was a registered sex offender at the time he committed these crimes.
Sannicandro is scheduled to be sentenced in this latest matter on September 19, 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.
The case is being prosecuted by Assistant United States Attorneys Denise M. Barton and John P. McAdams.
The matter was investigated by the FBI and North Port, FL, Police Department.
United States Attorney Cunha thanks the Rhode Island State Police, members of the Rhode Island State Police Internet Crimes Against Children Task Force, and the Warwick Police Department for their assistance in the arrest of Sannicandro.
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Rhode Island Man Admits to Shipping Fentanyl to AustraliaRead the Press Release
PROVIDENCE, RI – A Providence man pleaded guilty on Thursday to charges filed in a five-count federal indictment that alleged that on multiple occasions he attempted to export fentanyl from the United States to Australia, announced United States Attorney Zachary A. Cunha.
Felix Suarez, 25, pleaded guilty to conspiracy to distribute and to possess with intent to distribute fentanyl; two counts of attempt to distribute a controlled substance; unlawful export of a controlled substance; and unlawful use of a communication facility to facilitate the distribution of a controlled substance. Suarez is scheduled to be sentenced on August 1, 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.
According to information presented to the court, on December 30, 2022, U.S. Customs and Border Protection (CBP) seized an outbound parcel destined to Sydney, Australia, shipped two days earlier from Providence via FedEx. The parcel, which listed a return address belonging to Suarez and declared to contain “DOCUMENTS,” was found by CBP officers to contain approximately 37 grams of fentanyl.
On January 17, 2023, Homeland Security Investigations (HSI) was notified that Australian Federal Police had seized a second package mailed to the same identified recipient in Sydney. The package carried the same return address in Providence as the package mailed in late December 2022; the package’s contents were listed as “DOCUMENTS/INVOICES.” Australian authorities examined the package and found it to contain approximately 25 grams of fentanyl.
Further investigation by HSI determined that on January 10, 2023, surveillance camera footage from the UPS store in Providence where the second package was mailed from shows Suarez obtain a brown envelope from the store, return to his vehicle where he manipulated the envelope before re-entering the store with the envelope and mailing it. The envelope matched the description of the envelope seized by Australian law enforcement.
Import records from the Australian Department of Home Affairs established that from January 2020 to January 2023, the defendant shipped 67 parcels to the same recipient in Sydney, Australia. Each parcel had a similar weight (between .1kg and .455kg) and were similarly identified as “DOCUMENTS/PAPER.”
The case in U.S. District Court in Rhode Island is being prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
The matter was investigated by Homeland Security Investigations, U.S. Border Protection, Australian Federal Police, Australian Department of Home Affairs, Providence Police Department, Warwick Police Department, and Central Falls Police Department.
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Providence Man Sentenced for Scamming Rhode Island and Massachusetts SeniorsRead the Press Release
PROVIDENCE, RI – A Providence man described in court documents as having played a key role in a “grandparent scheme” that financially victimized more than a dozen senior citizens in Rhode Island and Massachusetts has been sentenced to twelve months and one day in federal prison; ordered to pay restitution to his victims; and ordered by the court to perform community after serving his term of incarceration by speaking to senior citizen groups and organizations about his criminal conduct and ways they can avoid being victimized, announced United States Attorney Zachary A. Cunha.
Vidal Roquez, 39, previously admitted to the court that he personally visited the homes of grandparent scam victims in Rhode Island and Massachusetts to collect cash from them after they had been convinced by other members of the conspiracy that a relative, usually a grandchild or child, had been arrested and that the money was urgently needed for bail. Some of the victims were told that a “gag order” was in place on their relative’s legal matter and that they were prohibited from sharing information with anyone else.
The investigation identified thirteen seniors that were victimized by Roquez. He was arrested after a failed attempt to defraud a senior in Little Compton, RI.
Roquez pleaded on December 14, 2023, to a charge of conspiracy to commit wire fraud. He was sentenced on Thursday by U.S. District Court Judge Mary S. McElroy to one year and one day of incarceration; three years of supervised release; sixty hours of community service by meeting with senior citizen organizations and groups, during which he is to describe his and his co-conspirators criminal conduct and to discuss ways seniors can protect themselves from being victimized; and to pay a total of $130,300 in restitution to his victims.
The case was prosecuted by Assistant United States Attorney Denise M. Barton
The matter was investigated by Homeland Security Investigations and the Little Compton Police Department.
United States Attorney Cunha thanks the Warwick, Portsmouth, Tiverton, Cranston, and South Kingstown, R.I. Police Departments; the Shrewsbury, Northborough, and Weston, MA, Police Departments; and the Rhode Island Fusion Center for their assistance investigating this case.
Combatting elder abuse and financial fraud targeting seniors is a key priority of the Department of Justice. If you are a victim or know a victim of elder fraud, you can call 1-877-FTC-HELP or go to ftc.gov/complaint. For downloadable Elder Abuse Prevention resources and for information about community outreach programs in Rhode Island, visit the United States Attorney’s Office’s Elder Justice Initiative web page at https://www.justice.gov/usao-ri/elder-justice.
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Rhode Island Beef Slaughterhouse Fined, Placed on Probation for Violating the Federal Meat Inspection ActRead the Press Release
PROVIDENCE – A Johnston, RI, beef slaughterhouse was fined $20,000 and placed on three years of federal probation today by U.S. District Court Judge Mary S. McElroy for fraudulently claiming that product they processed and suppled to customers had been federally inspected and passed as required under the Federal Meat Inspection Act (FMIA) when, in fact, it had not, announced United States Attorney Zachary A. Cunha.
Rhode Island Beef and Veal and one of its owners, Michael A. Quattrucci, previously pleaded guilty to charges of defrauding customers by claiming that beef had been inspected under the FMIA, as well as preparing beef without complying with inspection requirements of the FMIA. Additionally, Rhode Island Beef and Veal pleaded guilty to a charge of defrauding customers by use of an official inspection mark of the Secretary of Agriculture without authorization.
Micheal A. Quattrucci was sentenced on July 27, 2023, to one year of federal probation and ordered to pay a fine of $1,000.
According to court documents and information presented to the court, on August 20, 2019, the United States Department of Agriculture (USDA) Food Safety Inspection Service served RI Beef and Veal with a notice of suspension and withdrew its inspector. Eight days after the suspension was imposed and the inspector was withdrawn, a USDA supervisor visited the plant and found employees packing various cuts of meat and fraudulently applying USDA marks of inspections to the meat. Additionally, packaged meat with USDA stickers attached was found stored in bins. No inspector was present, as is required by law for these marks to be applied.
A day later, a USDA investigator visited the slaughterhouse and took photos of the illegally marked packages of beef that had been retained from the day before; he also noted 224 pounds of unmarked ground beef and a 594-pound half carcass of beef that had been freshly cut into primal parts for delivery to a customer in Connecticut who supplies meat products to restaurants.
The case was prosecuted by Assistant U.S. Attorney Milind M. Shah.
The matter was investigated by the USDA Food Safety and Inspection Service.
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Providence Man to Be Sentenced in Federal Court in Rhode Island for Trafficking Fentanyl While Awaiting Trial in Nebraska for Allegedly Trafficking 10 Kilos of CocaineRead the Press Release
PROVIDENCE, RI – A Providence man pleaded guilty in federal court today to a charge of possession with intent to distribute fentanyl, announced United States Attorney Zachary A. Cunha.
According to charging documents and information provided to the court, on March 10, 2023, during a court-authorized search of a Providence apartment, DEA Rhode Island Drug Task Force agents discovered Stanli S. Arias De La Rosa, 30, hiding in a closet as they seized 454.9 grams of fentanyl; 43 grams of cocaine; 14.5 grams of crack cocaine; and assorted items used in the packaging and distribution of drugs.
At the time of his arrest, De La Rosa was the subject of an outstanding arrest warrant issued in York, Nebraska, related to his alleged failure to appear for court hearings in connection with a September 30, 2022, arrest for possession of cocaine. In that matter, it is alleged that Arias De La Rosa was driving a vehicle that was pulled over for a traffic stop and found to contain 10 kilograms of cocaine stored in the trunk.
In this most recent matter in Rhode Island, Arias De La Rosa is scheduled to be sentenced on September 24, 2024. 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 Christine D. Lowell.
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North Attleboro Man Pleads Guilty to Child Pornography and Distribution of Animal Abuse Video ChargesRead the Press Release
PROVIDENCE, R.I. – A North Attleboro, MA, resident today pleaded guilty in federal court in Rhode Island to distributing, receiving, possessing, and accessing with intent to view child pornography, and to distributing and transporting an animal crush video, announced United States Attorney Zachary A. Cunha.
Samuel Maigret, 28, pleaded guilty as charged in a six-count indictment with distribution of child pornography, receipt of child pornography, possession of child pornography, access with intent to view child pornography, distribution of an animal crush video, and transfer of obscene material (animal crush video).
According to charging documents and information presented to the court, during a September 2021 court-authorized search of Maigret’s then Pawtucket residence and a cellphone located on his person, Homeland Security Investigations agents and members of the Rhode Island State Police Internet Crimes Against Children Task Force discovered a significant quantity of images and videos depicting images of child sexual abuse materials, including videos of adult males involved in sexual acts with infants. Additionally, a forensic review of Maigret’s digital storage devices revealed evidence that Maigret used online applications to distribute child sexual abuse materials and to distribute a video that depicts an individual causing serious injury to and what appears to be the death of a dog.
Maigret is scheduled to be sentenced on September 19, 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.
The case is being prosecuted by Assistant U.S. Attorney Denise M. Barton.
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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Four Individuals Convicted in Wide-Ranging, Multi-Million Dollar Fraud SchemeRead the Press Release
PROVIDENCE, RI – Four Florida residents have been convicted in federal court in Providence, Rhode Island, for their individual roles in a wide-ranging conspiracy to use stolen personal identifying information (PII) of unsuspecting individuals to fraudulently obtain more than $4.8 million by defrauding banks and fraudulently obtaining benefits and payments from federal and state agencies in multiple jurisdictions, announced United States Attorney Zachary A. Cunha and Rhode Island Attorney General Peter F. Neronha.
In pleading guilty, the four men admitted to a federal judge that they participated in a conspiracy that used stolen PII to obtain debit and credit cards, and to open bank accounts that were used to receive, deposit, and transfer fraudulently obtained government benefits and payments; to submit fraudulent applications to multiple state unemployment agencies, including the Rhode Island Department of Labor and Training, for pandemic-related benefits made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Families First Coronavirus Response Act; and to submit fraudulent applications in the names of other persons to federal and state agencies to obtain tax refunds, stimulus payments, and disaster relief funds.
Appearing today in U.S. District Court in Rhode Island, James Legerme, 33, of Sunrise, Fl, and Allen Bien-Aime, 33, of Lehigh Acres, Fl, each pleaded guilty to charges of conspiracy to commit wire fraud and aggravated identity theft; Junior Mertile, 35, of Miramar, Fl, and Tony Mertile, 33, of Miramar, FL, each pleaded guilty on April 12, 2024, to charges of conspiracy to commit wire fraud and aggravated identity theft;.
Junior Mertile and Tony Mertile are scheduled to be sentenced on August 26, 2024; James Legerme and Allen Bien-Aime are scheduled to be sentenced on August 27, 2024. The defendants’ sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
According to plea agreements filed with the court, the defendants have each agreed, and the government will move, to forfeit $1,214,294.75 in funds that constitute proceeds of the conspiracy. The defendants have also agreed to forfeit hundreds of thousands of dollars’ worth of Rolex watches and assorted jewelry, and over $1.1 million dollar in cash seized from the residences of Tony Mertile, Junior Mertile, and James Legerme at the time of their arrests, all of which is attributable to the fruits of the defendants’ criminal conduct. Each defendant also agrees that, separate from the money and items to be forfeited, each is jointly and several liable for $4,857,191 in restitution to be paid to agencies and financial intuitions that were defrauded.
The case is being prosecuted in U.S. District Court by Assistant U.S. Attorneys Denise M. Barton and Stacey A. Erickson and Rhode Island Assistant Attorney General John M. Moreira, chief of the Rhode Island Attorney General’s Public Integrity Unit.
The investigation was conducted by the United States Attorney’s Office, Rhode Island Department of the Attorney General, Federal Bureau of Investigation, Rhode Island State Police, Internal Revenue Service Criminal Investigations, and the Department of Labor – Office of Inspector General, with substantial assistance from the United States Postal Inspection Service, United States Secret Service, and United States Social Security Administration, Office of Inspector General/Office of Investigations.
United States Attorney Cunha, Rhode Island Attorney General Neronha, and FBI Boston Division Special Agent in Charge Jodi Cohen thank the Miami Division of the FBI, the Fort Myers Resident Agency of the FBI Tampa Division, the FBI’s Complex Financial Crimes Unit, and the U.S. Marshal Service in Florida for their assistance at the time the defendants were arrested and detained in Florida.
United States Attorney Cunha also extends his gratitude to the United States Attorneys and to prosecutors in the Middle District of Florida and the Southern District of Florida for their assistance.
Rhode Islanders who believe their personal identification has been stolen and used to fraudulently obtain unemployment benefits from the RIDLT are urged to contact the Rhode Island State Police at [email protected] or the FBI Providence office at (401) 272-8310.
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Newport Man Detained on Federal Charge of Child EnticementRead the Press Release
PROVIDENCE, RI – A Newport man who is alleged to have enticed a minor female to engage in illicit sexual activity and who was allegedly found to be in possession of child pornography has been ordered detained in federal custody, announced United States Attorney Zachary A. Cunha.
Kyle Patrick Tormey, 39, is charged by way of a federal criminal complaint with enticement of an individual less than eighteen years of age to engage in sexual activity, receipt of child pornography, and possession of child pornography. He was ordered detained at his initial appearance in U.S. District Court on Friday.
It is alleged in charging documents that Tormey repeatedly communicated with a minor female on various social media platforms, enticing the young girl to provide him with photographs of herself and to meet with him to engage in illicit sexual activity. It is alleged that at the end of a sexual encounter in Tormey’s van in late December 2023, he gave the minor victim $200 in cash.
It is further alleged that as a result of the execution of federal court-authorized search warrants, law enforcement discovered multiple images of the minor victim in various stages of undress stored in social media accounts belonging to Tormey; numerous communications with the girl that led up to the alleged sexual encounter; and multiple images of other minors that constituted child pornography.
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 Milind M. Shah.
The matter was investigated by the FBI and West Warwick Police Department. United States Attorney Cunha thanks the Newport Police for their assistance during the investigation and arrest of the defendant.
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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Fugitive Arrested, Arraigned in Multi-State Burglary RingRead the Press Release
PROVIDENCE, RI – Yoel Andres Barrera Garrido, 20, of New York, a fugitive wanted since December 2023 for his alleged role in a sweeping, multi-state burglary ring that primarily targeted business owners of Asian descent has been arrested, arraigned, and ordered detained in federal custody, announced United States Attorney Zachary A. Cunha.
Barrera Garrido, a Chilean national, was arrested in Grove City, OH, on March 11, 2024. He had been sought since December 13, 2023, when a federal indictment was returned against him; he was subsequently charged in a superseding indictment on April 3, 2024, charging him with conspiracy to commit interstate transportation of stolen property and two counts of attempt to commit interstate transportation of stolen property.
It is alleged that Barrera Garrido participated in a conspiracy with three other individuals to identify and surveil business owners, typically of Asian descent, at the victims’ residences and businesses. Members of the conspiracy then allegedly executed well-planned burglaries at their victims’ homes in Rhode Island, Massachusetts, New Hampshire, New Jersey, Pennsylvania, Delaware, Wisconsin, and Florida, typically targeting large sums of money, jewelry, credit and debit cards, and other valuable items.
As alleged in charging documents, in addition to surveilling individuals, the conspirators used drones and GPS trackers placed on vehicles to monitor victim’s movement and identify times when they were away from their residences. They are also alleged to have used drones and lookouts to monitor law enforcement activity, and to have had a getaway car and driver at the ready while other conspirators broke into and burglarized the residences.
Barrera Garrido was ordered detained on Thursday following his return to Rhode Island and arraignment in U.S. District Court.
Other alleged members of the conspiracy, Mohammed Islam, 29, of Stamford, CT, a Bangladesh national, Basneyareth Rebollar Martinez, of Stamford, CT, a Mexican national, and Tania Valentina Espitia Cuellar, 24, a Columbian national whose local home address is unknown, have pleaded guilty in this matter and are detained while awaiting sentencing. The defendants’ sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
Jorge Andres Cardenas Murillo, 30, of College Point, NY, was released on a GPS bracelet while awaiting trial on charges on charges of conspiracy to commit interstate transportation of stolen property and two counts of attempt to commit interstate transportation of stolen property. A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The cases are being 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; Grove City OH Police Department; and the United States Postal Inspection Service.
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Serial Bank Robber Admits to Four Bank Robbery ChargesRead the Press Release
PROVIDENCE, RI – A Rhode Island man previously convicted of robbing seven banks dating back to 1997, today admitted to a federal judge in Providence that he robbed three banks and attempted to rob a fourth all within a three-day span in January 2021, announced United States Attorney Zachary A. Cunha.
Vaughn Watrous, 47, pleaded guilty today to four counts of bank robbery. The defendant’s sentences will be determined at a future date by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
Watrous admitted to robbing three banks in Providence and Cranston on January 19, 20, and 21, 2021; and attempting to rob a fourth bank in North Providence on January 21, 2021.
According to court records, Watrous was previously convicted of multiple bank robberies in 1997, 2003, and 2013. In 1997 he was convicted in U.S. District Court in Salt Lake City, Utah, on a charge of bank robbery and sentenced to 51 months in federal prison; in 2003 in U.S. District Court in Providence on two counts of bank robbery and sentenced to 76 months of incarceration; and in October 2015 in U.S. District Court in Providence on four counts of bank robbery and sentenced in February 2016 to a term of incarceration of 92 months.
The case is being prosecuted by Assistant United States Attorney Julianne L. Klein.
The matter was investigated by the FBI, with the assistance of the Providence, Cranston, and North Providence Police Departments.
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Level III Sex Offender Convicted on Child Pornography Charges for a Fifth TimeRead the Press Release
PROVIDENCE, RI – A level III sex offender is scheduled to be sentenced in federal court in July, having been convicted for a fifth time on child pornography charges, announced United States Attorney Zachary A. Cunha.
Patrick M. O’Donnell, 63, arrested in July 2023, less than one month after being released from state prison after completing a four-year term of incarceration following his fourth state conviction on child pornography offenses, pleaded guilty on Monday in federal court to a charge of possession of child pornography.
In this most recent matter, during a sex-offender compliance check conducted on July 6, 2023, O’Donnell was found to be in possession of two cellphones, in violation of the conditions of the terms of his state probation. A forensic review of the cellphones revealed of images of child pornography.
O’Donnell is scheduled to be sentenced in federal court on July 29, 2024. The defendant’s sentence will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
According to court records, O’Donnell was convicted previously in Rhode Island state court on child pornography offenses in 2007, 2011, 2016, and 2020.
The case in federal court is being prosecuted by Assistant U.S. Attorney John P. McAdams.
The matter was investigated by Homeland Security Investigations, the Rhode Island State Police Internet Crimes Against Children Task Force, Cranston Police, and the Rhode Island Department of Corrections, Probation and Parole.
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Four Guatemalan Nationals Charged in Large-Scale Retail Theft Schemes in Multiple StatesRead the Press Release
PROVIDENCE, RI – Four Guatemalan nationals have been charged in federal court in Providence, RI, with conspiracy to commit interstate transportation of stolen property and interstate transportation of stolen goods, having allegedly participated, with others, in a large-scale scheme to steal and re-sell high-value products from home improvement stores and other retailers in multiple states, announced United States Attorney Zachary A. Cunha.
Court documents allege that Marvin Estuardo Morales De Paz, 33, Abraham Dayger-Enrique, 24, Sebastian Lajuj-Soloman, 30, and Jonathan Josue Amperez-Perez, 31, worked together and with others to defraud Home Depot stores mainly in Rhode Island, Massachusetts, Connecticut, and Pennsylvania by stealing and, at times, re-selling stolen goods such as electrical wire, flooring, power tools, and other items of high value.
Based on information from multiple police departments, a review of security camera footage from numerous retailers, and as well as the court-authorized seizure and review of cellphones seized from Morales DePaz, Dayger-Enrique, and Amperez-Perez, it is alleged that the four men and other co-conspirators have participated in more than 30 documented thefts. To date, based on arrests and law enforcement encounters during retail theft incidents, fifteen Guatemalan nationals have been identified as allegedly being associated with this retail theft organization. However, it is believed that not all members of the group regularly participate in these theft operations.
Court-authorized search warrants were executed on April 12, 2024, at residences in Cranston and Providence, resulting in the seizure of $11,000 worth of stolen goods from Home Depot and Khols; $83,000 in cash; and a Ford 2019 F150 vehicle.
Morales De Paz, Dayger-Enrique, and Lajuj-Soloman were arrested in Rhode Island on Friday and were ordered detained in federal custody at their initial appearances before a District Court Magistrate Judge; Amperez-Perez was apprehended in Pennsylvania and remains in federal custody awaiting a return to Rhode Island.
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 is being 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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interstate_stolen_goods_criminal_complaint_search_warrant_and_arrest_affidavit.pdfUnited States Attorney Cunha Advises Rhode Islanders to be Wary of Scammers Alleging Missed Jury Duty and Demand for Payment of FinesRead the Press Release
PROVIDENCE, RI – The Office of the United States Attorney for the District of Rhode Island has been made aware of an ongoing scam in which individuals receive communications instructing them to call a number claiming to be the United States District Court for the District of Rhode Island. Callers are advised that they have missed jury duty and must pay a fine immediately to avoid arrest or other consequences. Individuals have been asked to withdraw money and transfer it in accordance with instructions given over the phone, in some cases by first converting it into cryptocurrency.
If you receive a request of this kind - DO NOT SEND MONEY. These communications are fraudulent. The United States District Court will never contact individuals seeking payments for missed jury service.
Anyone receiving communications of this nature should contact their local police department or contact the FBI’s Internet Crime Complaint Center (IC3) at www.ic3.gov
If you have questions regarding jury service, you can contact the District Court Clerk’s Office at (401) 752-7200.
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Rhode Island Man with Ties to Mexican Drug Suppliers Sentenced to Five Years in Federal PrisonRead the Press Release
PROVIDENCE, RI – A Providence man who worked as an east coast source for trafficking fentanyl on behalf of a Mexican drug supplier was sentenced on Wednesday in U.S. District Court in Rhode Island to five years in federal prison, announced United States Attorney Zachary A. Cunha.
Watly Federico Valenzuela Ruiz, 39, pleaded guilty on November 1, 2023, to a charge of conspiracy to both distribute, and possess with intent to distribute, fentanyl. He was sentenced by U.S. District Court Judge Mary S. McElroy to 60 months of incarceration to be followed by three years of federal supervised release.
According to documents filed with the court, in May 2021, months after he entered into discussions to become a supplier of large quantities of fentanyl to an individual in Providence for $38,000 per kilogram, Valenzuela Ruiz delivered approximately one kilogram of fentanyl to that individual. The drugs were seized by members of the DEA Rhode Island Drug Task Force.
In August 2021, Valenzuela Ruiz arranged for the sale of 1,000 fentanyl-laced counterfeit oxycodone pills to an individual for $6.00 per pill. Following that delivery Valenzuela Ruiz offered to sell the individual 10,000 fentanyl-laced counterfeit oxycodone pills for $5.00 per pill. As 9,000 pills were being delivered at the direction of Valenzuela Ruiz on September 7, 2021, Valenzuela Ruiz, his brother-in-law, and another individual were arrested by DEA Drug Task Force agents.
The investigation into Valenzuela Ruiz’s drug trafficking activities resulted in the seizure of 8,964 fentanyl-laced counterfeit oxycodone pills with a net weight of 1,012.9 grams of fentanyl; 4.475 grams of fentanyl powder; and 892.3 grams of fentanyl with 723.9 grams of tramadol cutting agent,
The case was prosecuted by Assistant U.S. Attorney Stacey A. Erickson.
The Rhode Island DEA Drug Task Force is comprised of personnel from the DEA; Internal Revenue Service Criminal Investigation; Rhode Island State Police; Cranston Police Department; Middletown Police Department; Newport Police Department; Pawtucket Police Department; Providence Police Department; Warwick Police Department; Woonsocket Police Department; and Amtrak Police.
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North Providence Woman Sentenced to More Than Eight Years in Federal Prison for Trafficking FentanylRead the Press Release
PROVIDENCE, RI – A North Providence woman described in a court document as being “a seasoned drug dealer with connections to other high-level dealers” and who, court records show, was previously convicted in both Rhode Island state and federal courts on drug trafficking charges, was sentenced today to eight-and-one-half years in federal prison for trafficking fentanyl, announced United States Attorney Zachary A. Cunha.
Lisa Torres, 55, pleaded guilty on February 21, 2024, to charges of possession with intent to distribute fentanyl and conspiracy to distribute and possess with intent to distribute fentanyl. She was sentenced today by U.S. District Court Judge Mary S. McElroy to 102 months of incarceration to be followed by three years of federal supervised release.
According to information provided to the court, in this most recent matter, Torres was arrested by Providence Police and members of the FBI Safe Streets Task Force on December 7, 2022, when she arrived at a prearranged location to deliver a kilogram of fentanyl to another individual. In the investigation, law enforcement confirmed she was trafficking large quantities of drugs and had international ties to the Dominican Republic and elsewhere. Law enforcement discovered photographs on her cellphone which appeared to show kilogram quantities of fentanyl, as well as communications about cutting and packaging fentanyl.
According to court documents, Torres was convicted in 1993 in Rhode Island state court and in 1994 in U.S. District Court on drug trafficking charges; in 2007 in U.S. District Court on charges of obstruction of justice, conspiracy to defraud the United States, and making false statements; and in2009 in U.S District Court on a charge of conspiracy to commit bank fraud.
This most recent case was prosecuted by Assistant U.S. Attorneys Stacey A. Erickson and Julianne Klein.
The matter was investigated by the Providence Police Department and the FBI Rhode Island Safe Streets Task Force.
The FBI Rhode Island Safe Streets Task Force is comprised of members of the FBI, Central Falls Police Department, Woonsocket Police Department, Pawtucket Police Department, West Warwick Police Department, Cranston Police Department, and the United States Marshals Service.
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Cumberland Man Convicted in Federal Court of Producing, Distributing, and Possessing Child PornographyRead the Press Release
PROVIDENCE, RI – A Cumberland man has admitted that he produced, distributed, and possessed child pornography, including videos he created while molesting two prepubescent girls, announced United States Attorney Zachary A. Cunha.
Michel Rodrigues, 21, pleaded guilty to two counts of sexual exploitation of a minor/producing child pornography; and one count each of distribution of child pornography and possession of and accessing child pornography. He is scheduled to be sentenced on July 16, 2024, and faces statutory penalties totaling between 15 and 100 years of incarceration. The defendant’s sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
According to charging documents and information presented to the court, in July 2023, the Rhode Island State Police Internet Crimes Against Children (ICAC) task force received information from the National Center for Missing and Exploited Children that they had been notified by Twitter that and account belonging to Rodrigues was used to download and distribute images and videos of child sexual abuse. A review of the files by members of the ICAC Task Force and a Homeland Security Investigations agent determined that the files appeared to be self-produced, and involved six-and seven-year-old females with whom the defendant had contact.
On July 22, 2023, members of the ICAC task force and a Homeland Security Investigations agent executed a court-authorized search of Rodrigues’ residence. Both images and video files of child pornography were discovered stored on a cellphone owned by Rodrigues.
The case is being prosecuted by Assistant United States Attorney Peter I. Roklan.
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Drug Trafficker Who Participated in the Delivery of Thousands of Fentanyl Pills Sentenced to Federal PrisonRead the Press Release
PROVIDENCE, RI – A Lawrence, MA, resident arrested in May 2021 by members of the DEA Rhode Island Drug Task Force after he participated in deliveries of significant quantities of fentanyl-laced pills in Pawtucket, RI, and Dorchester, MA, has been sentenced to seven years in federal prison, announced United States Attorney Zachary A. Cunha.
Roberto Anibal Nieves Zayas, 38, pleaded guilty in U.S. District Court in Providence on January 20, 2022, to a charge of conspiracy to distribute and possess fentanyl with the intent to distribute. He was sentenced on April 4, 2024, by U.S. District Court Judge William E. Smith to 84 months of incarceration to be followed by 3 years of federal supervised release.
According to charging documents and information presented to the court, in April and May 2021, the DEA Rhode Island Drug Task Force arranged for deliveries of large quantities of fentanyl-laced pills. On April 29, Nieves Zayas delivered 1,000 fentanyl pills in exchange for $5,000 in cash. The delivery occurred in a parking lot of a Pawtucket restaurant by one of two men who arrived in a car bearing Massachusetts license plates. Task Force members watched as the delivery was made and quickly seized the drugs, while other agents followed the vehicle to an apartment complex in Lawrence, MA.
On May 24, 2021, the DEA arranged to purchase 25,000 fentanyl pills for $125,000. Two days later, as the delivery of the pills was taking place inside a passenger van in a parking lot of a Dorchester, MA, restaurant, DEA Rhode Island Task Force agents moved in and seized a large plastic garbage bag containing 3.4 kilograms of fentanyl pills. Nieves Zayas and a co-defendant were arrested.
The case was prosecuted by Assistant United States Attorney Stacey A. Erickson.
The Rhode Island DEA Drug Task Force is comprised of personnel from the DEA; Internal Revenue Service Criminal Investigation; Rhode Island State Police; Cranston Police Department; Middletown Police Department; Newport Police Department; Pawtucket Police Department; Providence Police Department; Warwick Police Department; Woonsocket Police Department; and Amtrak Police.
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Sex Offender Who Possessed Child Pornography Sentenced to Federal PrisonRead the Press Release
PROVIDENCE – A Woonsocket man who admitted to collecting thousands of images and nearly 200 videos of child pornography, at a time that he was already a registered sex offender, has been sentenced to more than three years in federal prison, announced United States Attorney Zachary A. Cunha.
Matthew S. Hathaway, 26, of Woonsocket, pleaded guilty in U.S. District Court on January 4, 2024, to a charge of possession of child pornography involving prepubescent minors. He was sentenced on Tuesday by U.S. District Court Chief Judge John J. McConnell, Jr., to 42 months of incarceration to be followed by eight years of federal supervised release.
According to documents filed with the court, a member of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force received information from the National Center for Missing and Exploited Children that an IP address, later determined to originate from a Woonsocket residence where Hathaway resided, was being used to download and transfer child pornography.
On March 16, 2023, members of the ICAC Task Force executed a court-authorized search warrant at Hathaway’s residence and seized a desktop computer and cell phone belonging to Hathaway. A forensic audit of the electronic devices by Homeland Security Investigations determined that the devices contained 7,984 images and 192 videos of child sexual abuse material.
The case was prosecuted by Assistant U.S. Attorneys Julie M. White and Dulce Donovan.
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Providence Man Sentenced to Six Years in Federal Prison for Trafficking FentanylRead the Press Release
PROVIDENCE, RI – A Providence man who arranged for more than a half-dozen substantial-sized deliveries of fentanyl to another person has been sentenced to six years in federal prison, announced United States Attorney Zachary A. Cunha.
Hector Diaz, 30, pleaded guilty on November 28, 2023, to a charge of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and to a charge of distribution of fentanyl. He was sentenced today 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.
According to information presented to the court, on at least seven occasions beginning in late November 2021, Diaz either personally delivered fentanyl to an individual known to the FBI Rhode Island Safe Streets Task Force or arranged for another person to deliver fentanyl at his behest to that same person. Deliveries of fentanyl ranged from 25.03 grams to 99.08 grams. Each delivery of fentanyl was monitored by members of the FBI Rhode Island Safe Streets Task Force and the drugs were quickly seized by a member of law enforcement.
The case was prosecuted by Assistant U.S. Attorney Stacey A. Erickson.
The FBI Rhode Island Safe Streets Task Force is comprised of members of the FBI, Central Falls Police Department, Woonsocket Police Department, Pawtucket Police Department, West Warwick Police Department, Cranston Police Department, and the United States Marshals Service.
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Providence Man Sentenced to Federal Prison for Arranging the Sale of a Firearm and Methamphetamine While Incarcerated in Rhode Island State PrisonRead the Press Release
PROVIDENCE, RI – A Providence man who continued to direct and run his established drug trafficking business on the streets of Providence, and who attempted to arrange the illegal sale of a firearm he illegally possessed, all while incarcerated at the Adult Correctional Institutions (ACI) on unrelated charges, has been sentenced to more than six years in federal prison, announced United States Attorney Zachary A. Cunha.
Ronald M. Kramer, 39, pleaded guilty on August 16, 2023, to charges of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine; possession with intent to distribute 50 grams or more of methamphetamine; and possession of a firearm by a prohibited person. He was sentenced today by U.S. District Court Judge William E. Smith to 78 months of incarceration to be followed by four years of federal supervised release.
At the time of his guilty plea, Kramer admitted to a federal judge that, while confined at the ACI in February 2021, he learned of an individual outside of the prison who might be interested in purchasing a firearm that Kramer illegally possessed and was trying to get rid of. Kramer provided the information to his then-girlfriend, who arranged to meet with the potential buyer to sell him the firearm. Subsequently, at Kramer’s direction, the woman also made two deliveries of methamphetamine pills, totaling more than 244 grams, to the buyer of the firearm.
The person who took possession of the firearm and the drugs was, in fact, a Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) undercover agent.
The case was prosecuted by Assistant United States Attorney Ronald R. Gendron.
The matter was investigated by ATF, with the assistance of the Providence Police Department.
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.
United States Attorney Cunha thanks the Rhode Island Department of Corrections, United States Postal Inspection Service, United States Marshals Service, Rhode Island State Police, and the Pawtucket, Providence, Cranston, and North Providence Police Departments for their assistance in the investigation of this case.
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Career Offender Sentenced to Ten Years in Federal Prison for Trafficking Fentanyl Pills and Powder Days After Leaving PrisonRead the Press Release
PROVIDENCE, RI – A 43-year-old career offender living in Providence whose adult life was described in a court filing by the government as “plagued by bad, evil, criminal, premeditated decisions,” and who most recently led a fentanyl trafficking operation that employed family members and conducted drug deals in the presence of children, was sentenced on Monday to ten years in federal prison, announced United States Attorney Zachary A. Cunha.
Rafael Ferrer, 43, who previously used a multitude of aliases, pleaded guilty on March 14, 2023, to conspiracy to distribute 40 grams or more of fentanyl, distribution of 40 grams or more of fentanyl, and distribution of fentanyl. He was sentenced Monday by U.S. District Court Judge William E. Smith to 120 months of incarceration to be followed by four years of federal supervised release.
“As Rhode Island continues to grapple with the grim toll of opioid overdoses- particularly those wrought by fentanyl, Rafael Ferrer chose to fan the flames by callously profiting from peddling lethal drugs in our communities,” said U.S. Attorney Cunha. “In the process, he put family members and innocent children at risk, to say nothing of the buyers of his deadly product. The sentence imposed should make one thing clear: we will hold those responsible for this assault on our families, our neighbors, and our communities accountable with every tool at our disposal.”
“Rafael Ferrer is a career criminal, committed to leading a family-based drug trafficking organization that peddled deadly poison onto the streets of Providence,” said Jodi Cohen, Special Agent in Charge of the FBI Boston Division. “As he’s now learned, the FBI’s Safe Streets Task Force is just as committed to getting illegal drugs off our streets and freeing our communities from the stranglehold of drug traffickers like him. There’s no doubt the Ocean State is safer with him behind bars.”
According to information presented to the court, Ferrer, convicted and incarcerated multiple times over the past two decades for committing violent assault, gun, burglary, and drug trafficking and related offenses, began trafficking fentanyl in June 2019, eight days after his most recent release from the Adult Correctional Institutions. Ferrer had just completed a term of incarceration of over eight years for possession of a firearm by a prohibited person and for a home invasion he committed. He was released in March of 2019 but reincarcerated from May 2019 through a date in June 2019.
In the case for which he was sentenced, Ferrer admitted to a federal judge to being a supplier of fentanyl in both pill and powder form. He acknowledged his role as the leader of the drug trafficking organizer in which he organized the sale of fentanyl and directed others, including family members and runners, to deliver the drugs. On 16 dates between June 19, 2019, and November 5, 2019, he arranged for the delivery of fentanyl, on three occasions delivering more than 40 grams of the drug.
The case was prosecuted by Assistant United States Attorney Stacey A. Erickson.
The matter was investigated by the FBI Rhode Island Safe Streets Task Force.
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.
The FBI Rhode Island Safe Streets Task Force is comprised of members of the FBI, Central Falls Police Department, Woonsocket Police Department, Pawtucket Police Department, West Warwick Police Department, Cranston Police Department, and the United States Marshals Service.
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Tiverton Man Admits to Enticing, Transporting a Minor to Engage in Criminal Sexual ActivityRead the Press Release
PROVIDENCE, RI – A Tiverton man admitted to a federal judge that he enticed a 13-year-old girl he knew to be a minor to travel with him from her home in Pennsylvania to his family’s residence in Rhode Island, during which time he engaged in criminal sexual activity with her, announced United States Attorney Zachary A. Cunha.
William C. Stewart, 22, pleaded guilty on Friday to charges of enticement of a minor to engage in criminal sexual activity, transportation of a minor with intent to engage in criminal sexual activity, and interstate travel with intent to engage in illicit sexual conduct.
Stewart admitted that on June 17, 2021, he began communicating with the minor victim via SnapChat, quickly learning that she was 13 years old. During his ongoing communications, he persuaded the young girl to engage in unlawful sexual activity.
Stewart admitted that in the middle of the night on June 30, 2021, he picked the girl up from outside her home and began to drive with her to his home in Tiverton, Rhode Island for the purpose of engaging in sexual activity with her. Stewart drove with the girl through Pennsylvania, New Jersey, New York, Connecticut, and Rhode Island. While enroute to Rhode Island, Stewart stayed at a hotel in New London, Connecticut, where he engaged in sexual activity with the minor victim. According to court documents, after arriving in Rhode Island, Stewart also engaged in sexual activity with the minor female.
According to information presented to the court, upon arrival at his family’s Tiverton residence on July 4, 2021, Stewart introduced the minor victim to his family members, using a false name for her and falsely stating that she was soon to turn 19 years old. On July 7, the young girl contacted a friend via SnapChat and asked for help, after which the Tiverton Police identified the minor victim’s location and responded to Stewart’s home.
Stewart is scheduled to be sentenced on June 18, 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.
The case is being prosecuted by Assistant U.S. Attorneys G. Michael Seaman and Denise M. Barton.
The investigation was conducted by the FBI, Tiverton Police Department, and Pennsylvania State Police.
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U.S. Attorney Cunha Appointed to Serve on Attorney General’s Advisory CommitteeRead the Press Release
PROVIDENCE – Attorney General Merrick B. Garland has appointed U.S. Attorney Zachary A. Cunha to serve on the Attorney General’s Advisory Committee of U.S. Attorneys (AGAC).
The AGAC was created in 1973 and advises the Attorney General on matters of policy, procedure, and management impacting the nation’s 94 U.S. Attorneys Offices, and elevates the voices of U.S. Attorneys on essential matters facing the Department of Justice. U.S. Attorney Cunha is the third United States Attorney for Rhode Island to have been asked to serve in this role, following former Rhode Island U.S. Attorney Lincoln C. Almond, who served on the AGAC at the time of its creation, as did former U.S. Attorney Peter F. Neronha during his tenure in office.
“I am deeply honored to be asked to serve alongside my distinguished colleagues on the AGAC,” said United States Attorney Cunha. “The work of the United States Attorneys is critical to the safety and vitality of the districts in which we serve, and I am grateful for the opportunity to advise the Attorney General and engage with the Department of Justice’s senior leadership on the ways in which we can best deliver justice in and for all of our communities.”
U.S. Attorney Cunha will serve alongside chair Damian Williams of the Southern District of New York, vice chair Gary Restaino of the District of Arizona, and members Breon Peace of the Eastern District of New York, Matthew Graves of District of Columbia, Kenneth Parker of the Southern District of Ohio, Natalie K. Wight of the District of Oregon, Eric G. Olshan of the Western District of Pennsylvania, Christopher R. Kavanaugh of the Western District of Virginia, Rachelle Crowe of the Southern District of Illinois, Alamdar S. Hamdani of the Southern District of Texas, Alexander M.M. Uballez of the District of New Mexico, Jill Steinberg of the Southern District of Georgia, and Andrew M. Luger of the District of Minnesota.
President Biden nominated Cunha to serve as U.S. Attorney for Rhode Island on September 28, 2021, on the recommendation of U.S. Senators Jack Reed and Sheldon Whitehouse. The United States Senate confirmed his nomination on Dec. 7, 2021, and he was sworn into office on Dec. 13, 2021. As U.S. Attorney, Cunha serves as the chief federal law enforcement officer in Rhode Island, responsible for prosecuting and defending the interests of the United States in the federal court.
Mr. Cunha has served in the Department of Justice since 2005, when he was appointed as an Assistant U.S. Attorney in the Eastern District of New York; he later served as a prosecutor in the District of Massachusetts before joining the Rhode Island U.S. Attorney’s Office in 2013, where he held various roles, including Chief of the Civil Division, prior to his appointment as U.S. Attorney in 2021.
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Pawtucket Man to Serve Six Years in Federal Prison for Selling Fentanyl PillsRead the Press Release
PROVIDENCE, RI – A Pawtucket man described in court documents as being a “seasoned drug dealer” who previously served eight different jail sentences for selling drugs was sentenced today to six years in federal prison, having been convicted most recently of selling thousands of fentanyl pills, announced United States Attorney Zachary A. Cunha.
Gary Doran, a/k/a “G-Baby,” 36, pleaded guilty on October 5, 2023, to a charge of distribution of 40 grams or more of fentanyl.
According to court documents and statements made in court, three months after being released from jail in 2021, members of the FBI Safe Streets Task Force developed information that Doran was active in drug dealing. During the course of a later FBI investigation, Doran sold a cooperating witness thousands of fentanyl pills, for a total of $9,250 over a period of less than two months.
Doran was sentenced today by U.S. District Court Judge Mary S. McElroy to 72 months of incarceration to be followed by three years of federal supervised release.
According to court records, prior to his arrest in this matter, Doran was previously convicted eight times in state courts for selling drugs, serving eight different sentences ranging from six months to two years of incarceration.
This most recent case was prosecuted in federal court by Assistant U.S. Attorney Christine D. Lowell.
The matter was investigated by the FBI Safe Streets Task Force and the Pawtucket Police Department.
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Rhode Island Man Sentenced to Eight Years in Prison for Defrauding Investors and Tax EvasionRead the Press Release
PROVIDENCE – A Rhode Island man was sentenced to eight years in prison for running a decade-long Ponzi scheme to defraud investors and to evade his taxes, announced United States Attorney Zachary A. Cunha and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to court documents and statements made in court, between 2008 and 2018, Thomas Huling, formerly of West Warwick, orchestrated a scheme to defraud investors by promoting several investment projects, including high-yielding bond trading platforms, a car emissions reduction technology and an online advertising and marketing company. He solicited funds for these investments by representing, among other things, that the investments would achieve quick and substantial returns with little or no risk.
In truth, and contrary to his promises, Huling diverted investor money to fund a lavish lifestyle that included high-end vehicles, membership and golf fees at multiple country clubs, gambling, clothing, restaurants, vacations and travel, as well as improvements to his residence. He created and used multiple shell companies, opened over 50 bank accounts and engaged in convoluted financial transactions between accounts to conceal his personal use of the funds. When concerned investors contacted Huling about the status of their investments, Huling lulled them with false excuses and promises, and at other times avoided their calls. To appease certain early investors, Huling used money raised from new investors to pay them off.
While Huling was defrauding his investors, he was also evading his taxes. Between 2009 and April 2018, Huling reported no taxable income, paid no income taxes and for certain years filed fraudulent individual and corporate income tax returns. To hide his income, Huling used nominee bank accounts and paid for personal expenses using cash and corporate debit cards. He also falsified the books and records of his companies by recording sham loans, titled personal assets in the name of shell companies and made false statements to IRS special agents.
In addition to his prison sentence, U.S. District Court Judge Mary S. McElroy ordered Huling to serve three years of supervised release and to pay restitution to the United States and victims of the fraud in an amount to be determined later.
IRS Criminal Investigation and the FBI investigated the case.
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