District of South Carolina
Press releases recorded for this federal judicial district.
Barnwell Man Sentenced for Allendale Post Office Armed RobberyRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Cory Thomas Sargent, age 23, of Barnwell, was sentenced yesterday in federal court in Columbia, South Carolina, for Brandishing a Weapon During a Crime of Violence, a violation of 18 U.S.C. § 924(c). United States District Judge J. Michelle Childs, of Columbia, sentenced Sargent to 7 years.
Evidence established that on January 20, 2016, Sargent walked into the lobby of the Allendale Post Office and asked for a price list for money orders. Upon being advised of the prices, Sargent left the post office only to return a few minutes later armed with a firearm. Sargent pointed the firearm at the postmaster and demanded all the money orders. Sargent subsequently received 36 blank postal money orders from the postmaster and fled on foot. Sargent was indicted on April 5, 2016 and entered a guilty plea on July 6, 2016.
The case was investigated by agents of the United States Postal Inspection Service, Allendale Police Department, South Carolina Law Enforcement Division, 14th Circuit Solicitor's Office, Barnwell Police Department, Barnwell County Sheriff’s Office and South Carolina Probation, Pardon and Parole Services. Special Assistant United States Attorney Carra Henderson prosecuted the case.
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Two Members of Cowboys Gang Plead Guilty to Racketeering Conspiracy, Attempted Murder and Related OffensesRead the Press Release
Contact: Office of Public Affairs (202) 514-2007
Washington – Two members of the Cowboys street gang have pleaded guilty to racketeering conspiracy and attempted murder in aid of racketeering for their roles in gang-related shootings in South Carolina.
Acting Assistant Attorney General David Bitkower of the Justice Department’s Criminal Division; Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Charlotte, North Carolina, Field Division; Special Agent in Charge Nick S. Annan of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Atlanta Field Office; Solicitor Duffie Stone of the 14th Judicial Circuit; Solicitor David Pascoe of the First Circuit; Sheriff R.A. Strickland, of the Colleton County, South Carolina, Sheriff’s Office; Chief Wade Marvin of the Walterboro, South Carolina, Police Department; Sheriff Al Cannon of the Charleston County, South Carolina, Sheriff’s Office; Sheriff L. C. Knight of the Dorchester County, South Carolina, Sheriff’s Office; Captain Jon Rogers of the Summerville, South Carolina, Police Department; Director Jerry Adger of the South Carolina Department of Probation, Parole and Pardon Services; and Chief Mark Keel of the South Carolina Law Enforcement Division made the announcement.
Christopher Sean Brown, aka Rougish, 23, of Walterboro, pleaded guilty today to attempted murder in aid of racketeering activity. Matthew Rashaun Jones, aka Boogie Mac, 23, also of Walterboro, pleaded guilty today to racketeering conspiracy. Both defendants admitted their involvement and membership in the Cowboys street gang.
According to admissions made in connection with the plea agreements, the Cowboys is a violent criminal street gang operating in South Carolina since at least 2009, with members who resided in an area known as the “Eastside” of Walterboro. Members of the Cowboys show their allegiance by wearing red, white and blue clothing and carrying rags in these colors, including depictions of the American flag. Further, members of the Cowboys greet each other and show their membership in the gang using a set of hand-signs intended to evoke the shape of a “b.” This hand sign also shows an affiliation with the “Bloods” gang. Members of the Cowboys also show allegiance to the gang by having the words “Cowboy(s)” or “GMC” tattooed to some part of their body.
As part of their plea agreements, Brown and Jones admitted that during the time of the conspiracy, they and other members of the Cowboys were involved in robberies, attempted murder and narcotics trafficking. On or about May 30, 2013, Brown and Jones participated in a drive-by shooting. Specifically, Brown and Jones, both passengers in the vehicle, admitted that they fired multiple shots at a residence where suspected members of the Dooley Hill gang – a rival of the Cowboys – were believed to reside.
As part of his plea agreement, Jones admitted that on or about May 12, 2011, he shot at a person whom he believed was an associate of a rival gang, which had an ongoing dispute with the Cowboys. This shooting led to a retaliatory shooting on May 14, 2011, during which an innocent bystander was shot and injured.
Brown, Jones and seven other members and associates of the Cowboys gang were charged in a Feb. 9, 2016, indictment with racketeering conspiracy and related offenses including attempted murder in aid of racketeering and firearms offenses. An indictment is not evidence of guilt. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
ATF, HSI, the Colleton County Sheriff’s Office, the Walterboro Police Department, Charleston County Sheriff’s Office, the Dorchester County Sheriff’s Office, the Summerville Police Department and the First Circuit Solicitor’s Office are investigating the cases. The Criminal Division’s Organized Crime and Gang Section is prosecuting indictments against the Cowboys gang in partnership with the 14th Circuit Solicitor’s Office.
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Rock Hill Gang Member Sentenced on Federal Firearm and Ammunition ChargeRead the Press Release
Contact Person: Stacey Haynes (803) 929-3000
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Robert Da’Quan Johnson, age 21, of Rock Hill, South Carolina was sentenced today after pleading guilty last year to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Section 922(g)(1). United States District Judge Mary Geiger Lewis of Columbia sentenced Johnson to the high end of the advisory guidelines, which was 27 months’ imprisonment, to be followed by 3 years of supervised release.
Evidence presented in court established that on the evening of September 7, 2015, an officer with the Rock Hill Police Department was on routine patrol when he observed two vehicles traveling down Mount Holly Road at a high rate of speed. The officer’s radar clocked the vehicles traveling 70 mph in a 50 mph zone. Upon activating his blue light and siren and stopping both vehicles, the officer found Johnson to be the driver and sole occupant of one vehicle and a female friend of Johnson’s was found to be the driver and sole occupant of the other vehicle. After asking Johnson to exit his vehicle, a Rohm .22 caliber firearm was found in Johnson’s pants pocket and a baggy of .22 caliber ammunition found in Johnson’s vehicle. Johnson, a local gang member, was placed under arrest for state charges for carrying an unlawful weapon and speeding. The case was referred to federal authorities for prosecution as Johnson, who was on state Youthful Offender Act parole at the time, is prohibited under federal law from possessing firearms and/or ammunition based upon his 2014 state felony conviction for criminal conspiracy to shoot into an occupied dwelling.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Rock Hill Police Department, and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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Area Man Sentenced on Mailing Threatening CommunicationsRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Jeffrey Aaron Betrand, of South Carolina, was sentenced late last week to 33 months imprisonment in federal court. In August of 2016, Betrand pled guilty to the sole count in the indictment, Mailing Threatening Communications, in violation of Title 18, United States Code, Section 876. After Betrand completes the term of imprisonment, he will be on federal supervised release for 3 years.
The investigation of the case revealed that Mr. Betrand was incarcerated in a South Carolina state prison for a charge involving a woman who was also one of the victims in this case. He sent several letters to this victim via the U.S. Mail including one in which he threatened a male friend of the victim. After law enforcement was made aware of the letters, investigators with the SC Department of Corrections searched Betrand’s cell and found a drawing depicting a map of the victim’s apartment and a plan to kill a male friend of the victim. The plan included a laundry list of items needed to carry out the violent act.
The case was investigated by the South Carolina Department of Corrections, the Camden Police Department and the US Postal Inspection Service. Assistant United States Attorney John C. Potterfield of the Columbia United States Attorney’s Office prosecuted the case.
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Montana Man Sentenced in Second Attempt to Hire Someone to Kill His Former WifeRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Shane Douglas Sichting, Jr., age 48, originally from Montana, and recently serving a 10-year sentence at Federal Correctional Institute, Edgefield, South Carolina, was sentenced in federal court by United States District Judge Bruce Howe Hendricks of Charleston, to 135 months imprisonment, on charges of use of interstate commerce facilities in the commission of murder for hire and retaliating against an informant, violations of Title 18, United States Code, Section 1958(a) and 1513(a)(1).
On September 1, 2016, Sichting entered a guilty plea to the charges. Evidence presented at the change of plea hearing established that Sichting was tried, convicted and sentenced in United States District Court for the District of Montana on a murder for hire charge in 2007. Sichting’s intended victim was his now former wife. The individual he hired to kill his wife reported Sichting’s actions to the FBI and testified at his trial in Montana. Following his conviction, Sichting was sentenced to 10 years imprisonment and was serving the last part of that sentence at FCI, Edgefield in July 2015.
During July 2015, Sichting approached another inmate at FCI, Edgefield about killing his former wife and the person he hired to kill her. The inmate agreed to help Sichting but instead contacted the FBI and advised them of Sichting’s intentions to hire someone to kill his former wife and the informant/witness against him. Sichting specifically wanted the murders to take place prior to his anticipated release to a halfway house in January 2016.
The FBI devised a plan to have the inmate provide Sichting with a telephone number for a “hitman” that was willing to do the murders. Sichting was to contact the hitman by telephone to make arrangements for the murders. In actuality, the hitman was an FBI employee acting in an undercover capacity.
Through these telephone calls and mail correspondence, Sichting provided the hitman with confidential information relating to the intended victims. Sichting used predetermined coded language to communicate with the hitman, referring to each of the intended victims as certain makes of cars. He also negotiated the price to be paid for each of the murders.
The case was investigated by agents of the Federal Bureau of Investigation (FBI) and the Bureau of Prisons. Assistant United States Attorney Jeanne Howard of the Greenville office handled the case.
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Federal Officials Close Investigation into Use of Force by School Resource Officer at Spring Valley, South Carolina, High SchoolRead the Press Release
The Justice Department announced today that there is insufficient evidence to pursue federal criminal civil rights charges against former School Resource Officer (SRO) Benjamin Fields for the physical force used in handling a student at Spring Valley High School on Oct. 26, 2015.
Officials from the U.S. Attorney’s Office of the District of South Carolina, the Justice Department’s Civil Rights Division and the FBI met today with the student’s family and their representative to inform them of this decision.
Federal authorities conducted a comprehensive investigation into the use of force by Fields on Oct. 26, 2015, when arresting the student for violating South Carolina’s law against disturbing schools. Working with the South Carolina Law Enforcement Division, federal authorities conducted witness interviews, evaluated video footage of the incident, reviewed training records, examined the policies of the Richland County Sheriff’s Department (RCSD) and consulted with use of force experts.
A team of experienced federal prosecutors and FBI agents considered whether Fields violated federal law by willfully using unreasonable force against the student at Spring Valley High School. Under the applicable federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right. To establish willfulness, federal authorities must show that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation.
After a careful and thorough investigation, the team of experienced federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that Fields willfully deprived the Spring Valley High School student of a constitutional right. This decision is limited strictly to an application of the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the incident involving Fields and the Spring Valley High School student.
The U.S. Attorney’s Office of the District of South Carolina, the Civil Rights Division and the FBI are committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department will aggressively prosecute criminal civil rights violations whenever there is sufficient evidence to do so.
The Justice Department has addressed issues that the Oct. 26, 2015, incident brought to light in other ways. The department’s Office of Justice Programs reached a comprehensive agreement with RCSD to promptly enact critical changes to its SRO program in order to ensure full compliance with federal civil rights laws prohibiting discrimination against students based on race, color, national origin and disability. As part of this settlement, the RCSD is required to provide intensive, annual training for all SROs on de-escalation, bias-free policing and youth development and to develop policies to minimize school-based arrests. More recently, the department filed a statement of interest in the case of Kenny et al. v. Wilson et al. articulating the position that laws invoked to charge juveniles – like the law against disturbing schools invoked in this case – must include clear standards to ensure that they are enforced consistently and free from discrimination. In the filing, the department explained that vague statutes enforced arbitrarily contribute to the “school-to-prison pipeline,” the cycle of harsh school discipline that brings young people into the justice system and disproportionately affects, among others, students of color and students with disabilities. The department also remains committed to improving all students’ sense of safety in educational settings. As part of that effort, the department is monitoring robust settlement agreements with school districts across the country to combat discriminatory school discipline practices that prevent children from reaching their full potential. Additionally, in September 2016, together with the Department of Education, the Justice Department announced a series of resources to aid state and local education and law enforcement agencies in responsibly incorporating SROs in the learning environment.
Federal Officials Close Investigation into Use of Force by School Resource Officer at Spring Valley, South Carolina, High SchoolRead the Press Release
Contact: Office of Public Affairs (202) 514-2007
WASHINGTON – The Justice Department announced today that there is insufficient evidence to pursue federal criminal civil rights charges against former School Resource Officer (SRO) Benjamin Fields for the physical force used in handling a student at Spring Valley High School on Oct. 26, 2015.
Officials from the U.S. Attorney’s Office of the District of South Carolina, the Justice Department’s Civil Rights Division and the FBI met today with the student’s family and their representative to inform them of this decision.
Federal authorities conducted a comprehensive investigation into the use of force by Fields on Oct. 26, 2015, when arresting the student for violating South Carolina’s law against disturbing schools. Working with the South Carolina Law Enforcement Division, federal authorities conducted witness interviews, evaluated video footage of the incident, reviewed training records, examined the policies of the Richland County Sheriff’s Department (RCSD) and consulted with use of force experts.
A team of experienced federal prosecutors and FBI agents considered whether Fields violated federal law by willfully using unreasonable force against the student at Spring Valley High School. Under the applicable federal criminal civil rights statute, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right. To establish willfulness, federal authorities must show that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by law. Mistake, misperception, negligence or poor judgment are not sufficient to establish a federal criminal civil rights violation.
After a careful and thorough investigation, the team of experienced federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that Fields willfully deprived the Spring Valley High School student of a constitutional right. This decision is limited strictly to an application of the high legal standard required to prosecute the case under the federal civil rights statute; it does not reflect an assessment of any other aspect of the incident involving Fields and the Spring Valley High School student.
The U.S. Attorney’s Office of the District of South Carolina, the Civil Rights Division and the FBI are committed to investigating allegations of civil rights violations by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated. The department will aggressively prosecute criminal civil rights violations whenever there is sufficient evidence to do so.
The Justice Department has addressed issues that the Oct. 26, 2015, incident brought to light in other ways. The department’s Office of Justice Programs reached a comprehensive agreement with RCSD to promptly enact critical changes to its SRO program in order to ensure full compliance with federal civil rights laws prohibiting discrimination against students based on race, color, national origin and disability. As part of this settlement, the RCSD is required to provide intensive, annual training for all SROs on de-escalation, bias-free policing and youth development and to develop policies to minimize school-based arrests. More recently, the department filed a statement of interest in the case of Kenny et al. v. Wilson et al. articulating the position that laws invoked to charge juveniles – like the law against disturbing schools invoked in this case – must include clear standards to ensure that they are enforced consistently and free from discrimination. In the filing, the department explained that vague statutes enforced arbitrarily contribute to the “school-to-prison pipeline,” the cycle of harsh school discipline that brings young people into the justice system and disproportionately affects, among others, students of color and students with disabilities. The department also remains committed to improving all students’ sense of safety in educational settings. As part of that effort, the department is monitoring robust settlement agreements with school districts across the country to combat discriminatory school discipline practices that prevent children from reaching their full potential. Additionally, in September 2016, together with the Department of Education, the Justice Department announced a series of resources to aid state and local education and law enforcement agencies in responsibly incorporating SROs in the learning environment.
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DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
"Real Time": Two Men Enter Guilty Pleas in Federal Court on Drug and Gun ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tony Raymond Ouzts, age 47, and Daniel Neil Alexander, age 49, of Hull, Georgia, and Anderson, South Carolina, respectively, pled guilty yesterday in federal court in Greenville, South Carolina. Ouzts pled guilty to possession with intent to distribute in excess of 500 grams of methamphetamine in violation of Title 21, United States Code, Section 841, and possession of a firearm in furtherance of a drug trafficking crime, in violation of Title 18, United States Code, Section 924. Alexander pled guilty to conspiracy to distribute in excess of 500 grams of methamphetamine, in violation of Title 21, United States Code, Section 846. United States District Judge Bruce Howe Hendricks of Charleston accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Ouzts and Alexander, over numerous months, had conspired to distribute in excess of 6500 grams of methamphetamine. An investigation into the activity of the two men revealed that Ouzts was bringing regular deliveries of methamphetamine from Georgia to Alexander, in Anderson, SC. At the time of arrest, Ouzts was found to be additionally in possession of a Smith & Wesson 9 mm and a Romarm/Cugir AK-47 pistol.
Ms. Drake stated that the defendants face a mandatory minimum penalty of 10 years in federal prison and a maximum penalty of life in prison as well as a fine of $10,000,000.
Ouzts and Alexander were arrested as a part of “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. In addition to the Anderson Police Department and the Bureau of Alcohol, Tobacco, and Firearms, Real Time’s core partners include the Greenville Police Department, the Greenville County Sheriff’s Office; the South Carolina Department of Probation, Parole, and Pardon Services; the South Carolina Highway Patrol; United States Probation; the Department of Homeland Security; the Federal Bureau of Investigation; the Drug Enforcement Administration; the 13th Circuit Solicitor’s Office; and the United States Attorney’s Office. Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 90 defendants and seizure of approximately 110 firearms as well as assorted ammunition from prohibited persons.
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The case was investigated by agents of the Bureau of Alcohol, Tobacco, and Firearms working in conjunction with the Anderson Police Department and the Rutherford County Sheriff’s Office in North Carolina. Assistant United States Attorney D. Josev Brewer of the Greenville office handled the case.
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"Real Time": Greenville Man Sentenced on Federal Gun ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Tyronzo Alexander Walker, age 41, of Greenville, was sentenced yesterday afternoon in federal court by United States District Judge Bruce Howe Hendricks of Charleston, to a term of 57 months in federal prison for possessing a firearm as a felon.
Evidence presented at the change of plea hearing last year and the sentencing hearing yesterday, established that on March 3, 2016, members of the Greenville County Sheriff’s Department executed a search warrant at a residence on Henderson Avenue. During the search deputies located several firearms, including a Taurus 9mm pistol, as well as quantities of marijuana and cocaine. Walker pled guilty to possession of the Taurus 9mm pistol.
Walker was arrested federally as a part of "Operation Real-Time." The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. In addition to the Greenville County Sheriff’s Office and the Bureau of Alcohol, Tobacco, and Firearms, Real Time’s core partners include the Greenville Police Department, the Anderson Police Department; the South Carolina Department of Probation, Parole, and Pardon Services; the South Carolina Highway Patrol; United States Probation; the Department of Homeland Security; the Federal Bureau of Investigation; the Drug Enforcement Administration; the 13th Circuit Solicitor’s Office; and the United States Attorney’s Office. Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 90 defendants and seizure of approximately 110 firearms as well as assorted ammunition from prohibited persons.
Greenville County Sheriff Will Lewis and his office are crucial partners in this effort. "The Greenville County Sheriff's Office is committed to removing illegal weapons from violent offenders and are very glad to be a part of this program and will offer any assistance we can."
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case, "We work best when we work together. This 'real time' identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities."
The Greenville County Sheriff’s Office along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. Assistant United States Attorney Max Cauthen in the Greenville U.S. Attorney’s Office prosecuted the case.
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Greer Man Pleads Guilty to Child Porn ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Scott Linnell, age 36, of Greer, pled guilty yesterday in federal court in Greenville, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Bruce Howe Hendricks of Charleston accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on March 10, 2015, an undercover law enforcement officer signed into the undercover Kik user account in order to conduct child exploitation investigations on the Kik Messenger application. On that same day, the undercover saw that user “phx_medic” had posted sexually explicit material in the Kik Messenger chat room “#lolitalovers” on March 8, 2015. At this time, the undercover agent observed that user “phx_medic” had posted fourteen images into the Kik chat room. The undercover agent was able to download and save these images to an undercover device.
Based on this incident and others, further investigation traced the IP address involved in the illicit activity to Linnell’s home. On May 27, 2014, a federal search warrant was executed at the home. Computers and other devices were seized. A forensic exam of the devices seized revealed 6000 still images and 16 videos containing child pornography.
Ms. Drake stated the maximum penalty Linnell can receive is a fine of $250,000 and/or imprisonment for 20 years, plus a special assessment of $100.
The case was investigated by agents of the United States Postal Inspection Service. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
#####Greenville Man Pleads Guilty to Child Porn ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Alton Davis, age 47, of Greenville, pled guilty yesterday in federal court in Greenville, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Bruce Howe Hendricks of Charleston accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on October 14, 2015, an undercover officer downloaded from defendant two child porn images using peer-to-peer software. Based on this download, law enforcement determined his IP address, street address, and obtained a search warrant.
On November 10, 2015, the warrant was executed at Defendant’s home. He was present and agreed to talk. He admitted to using his computer and the internet to search for pornography and using search terms associated with child pornography. He admitted to viewing images of child porn on his computer.
Ms. Drake stated the maximum penalty Davis can receive is a fine of $250,000 and/or imprisonment for 20 years, plus a special assessment of $100. He is subject to a mandatory minimum sentence of 10 years because of a prior child pornography conviction.
The case was investigated by agents of the Department of Homeland Security, Office of Investigations. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
#####Former Greenville Postmaster Pleads Guilty to Wire Fraud ConspiracyRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Patricia G. Sullivan, age 66, and Sharon D. Johnson, age 50, both of Columbia, pled guilty yesterday in federal court in Greenville, to a conspiracy to commit wire fraud, a violation of Title 18, United States Code, Section 1349. United States District Judge Bruce Howe Hendricks of Charleston accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Patricia Sullivan, who formerly served as postmaster for Greenville County, and Sharon Johnson were co-conspirators in a scheme to defraud various individuals. Sullivan operated a company called HYPD Publishing (“HYPD”). In March 2009, HYPD published The Struggle of Love written by Sharon Johnson.
Shortly after publication of Johnson’s book, Sullivan and Johnson began to spin a story that the producer Tyler Perry had bought the rights to The Struggle of Love and would be making a movie or reality TV show staring Johnson. Victims were told that Sullivan and Johnson were on the verge of great wealth, but needed bridge loans or some other form of financial assistance until the project with Perry reached fruition. Sullivan and Johnson promised the victims large returns in exchange for the loans and/or investments.
To make themselves look the part of successful individuals, Sullivan and Johnson squatted in several mansions, took photos, and posted them to Facebook. They also created fictitious documents from an accounting firm that “documented” the sale of the book and a huge payout to come, as well as a bogus Wells Fargo statement that showed millions of dollars as pending.
Of course, there was no book deal with Tyler Perry and the victims lost the money loaned and/or invested. Law enforcement estimates that the loss to the victims is approximately $300,000.
Ms. Drake stated the maximum penalty defendants can receive is a fine of $250,000 and/or imprisonment for 20 years, plus a special assessment of $100.
The case was investigated by agents of the United States Postal Inspection Service. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
#####"Real Time": Four Men Plead Guilty in Federal Court on Gun-Related ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
COLUMBIA, South Carolina ---- United States Attorney Beth Drake stated today that multiple individuals this week entered guilty pleas this week on federal gun charges. Guilty pleas and sentencing hearings are bifurcated in the federal system and United States District Court Judge Bruce H. Hendricks presided over the guilty plea hearings this week. Judge Hendricks will sentence the defendants at a later date after a presentence investigation report is prepared by United States Probation.
These cases represent a small snapshot of “Real Time,” an ongoing local, state, and federal initiative that expedites the identification, arrest, detention, and federal prosecution of repeat offenders arrested with firearms. The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Greenville community.
In addition to Greenville Police Department, the Greenville County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Real Time’s core partners include the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office.
Greenville Police Chief Ken Miller and his department were one of the first partners on board for this initiative. “This multi-agency partnership endeavors to keep our communities safe and reduce firearms violence through ‘real time’ identification of dangerous individuals who seek to disrupt our streets and communities with firearms-driven violence.”
Acting U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office picking the case up, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 90 defendants and seizure of over 110 firearms as well as assorted ammunition from prohibited persons.
Guilty Pleas, January 11, 2017:
United States v. Kyle Lamar Carrol:
Evidence presented by the government during the guilty plea hearing established that on October 10, 2016, Deputies with the Greenville County Sheriff’s Office (GCSO) responded to the Spring Grove Apartments, in reference to a call stating people were shooting at the apartment complex. When GCSO arrived and began their investigation, they recovered numerous spent shell casings from the parking lot and viewed surveillance video, which enabled them to identify possible suspects. GCSO charged Carrol and during questioning, Carrol admitted discharging a firearm in the parking lot of the apartment complex. Though no weapons were recovered, prior to this incident date, Carrol had previously been convicted of a crime for which he could have received more than a year in prison, prohibiting his possession of firearms or ammunition, pursuant to federal law.
Sentencing will occur at a later date. The case was investigated by the Greenville County Sheriff’s Office along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is assigned to Assistant United States Attorney Max Cauthen in the Greenville U.S. Attorney’s Office.
United States v. Joseph Martin Hunter and Sir Carlton Anthony Baker:
Evidence presented by the government during the guilty plea hearing established that on October 11, 2016, Hunter and Baker possessed and sold a Ruger .22 caliber rifle and .22 caliber ammunition to Greenville Police Department confidential informant in an undercover operation. Hunter and Baker were arrested the next day. Prior to this incident date, Hunter and Baker had each previously been convicted of crimes for which they could have received more than a year in prison, prohibiting their possession of firearms or ammunition, pursuant to federal law.
Sentencing will occur at a later date. The case was investigated by the Greenville Police Department along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is assigned to Assistant United States Attorney Max Cauthen in the Greenville U.S. Attorney’s Office.
United States v. Demetrius O’Brian Hunter:
Evidence presented by the government during the guilty plea hearing established that, on June 19, 2016, a Greenville Police Officer stopped a vehicle driven by Hunter for running a stop sign. During the stop, due to observations made by the officer, the officer conducted a brief search of Hunter as well as of the inside of the vehicle.
During that limited search, the officer recovered a loaded .9mm magazine in the center console. Based on the recovery of the ammunition, a search of the entire car was performed and the officers recovered a loaded .9mm pistol and a loaded .40 caliber pistol. Prior to this incident date, Hunter had previously been convicted of a crime for which he could have received more than a year in prison, prohibiting his possession of firearms or ammunition, pursuant to federal law.
Sentencing will occur at a later date. The case was investigated by the Greenville Police Department along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). It is assigned to Assistant United States Attorney Max Cauthen in the Greenville U.S. Attorney’s Office.
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Spartanburg Initiative to Combat Domestic Violence Results in First Guilty PleaRead the Press Release
Contact Person: Lance Crick (864) 282-2100
SPARTANBURG, South Carolina ---- United States Attorney Beth Drake stated today that James Lee Sarratt, Jr., age 49, of Spartanburg, entered a guilty plea this morning in federal court in Greenville for illegally possessing a firearm. United States District Judge Bruce H. Hendricks presided over the guilty plea hearing and will impose a sentence after a presentence investigation report is prepared by United States Probation.
Sarratt, a previously convicted felon who is prohibited from possessing firearms or ammunition, faces a maximum of 10 years in federal prison. Sarratt was arrested on federal firearms charges on October 31, 2016, and has remained in custody, detained without bond, since his federal arrest.
The facts presented at the guilty plea hearing established that on the morning of September 30, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) responded to a domestic disturbance involving a firearm at a residence in
Spartanburg. When deputies arrived at the residence, witnesses alerted SCSO that Sarratt had a firearm. Sarratt did not have a firearm on him when deputies approached him but Sarratt later admitted he put the firearm in a truck at the residence. Inside the bedroom of the residence, a male was on the floor with a gunshot wound to his abdomen.
One witness told SCSO that during an argument in the bedroom, with the child present, Sarratt retrieved his .40 caliber pistol from under the mattress. Ultimately one witness attempted to grab Sarratt’s arm. The gun went off and the witness fell to the ground, shot in the abdomen. Sarratt then left the residence to place his firearm in his truck.
A search warrant obtained for the property yielded a black Hi-Point JCP, .40 caliber pistol loaded with seven (7) rounds of Winchester .40 caliber ammunition in a pick-up truck and a box containing fourteen (14) rounds of Winchester .40 caliber ammunition in the bedroom.
Sarratt’s case was investigated by the Spartanburg County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The case is assigned to First Assistant United States Attorney Lance Crick.
Sarratt’s plea was the first one to emanate out of “Home Front”, a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette. The initiative, launched last month has the support and partnership of the U.S. Attorney’s Office.
Modelled after a program started in High Point, NC, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.
Under the guidance of Solicitor Barnette and High Point (NC) Chief Marty Sumner, Home Front has quickly gone from concept to reality. High Point’s model and research suggests that early intervention is key in stopping the cycle of violence. The Home Front strategy identifies and focuses on offenders at the earliest stages of offending, before their violent conduct is entrenched and escalating.
According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.
Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.
According to the 2015 Violence Policy Center When Men Murder Women report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew.
In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
The Home Front task force began a thorough, eight-step implementation process in the fall. The steps included training officers, synchronizing the coding of calls among the law enforcement agencies to harmonize communication--to create a back stop of sorts so that no domestic calls or offenders slip through the cracks among the sixteen municipal law enforcement entities in Spartanburg County. Very early in the implementation process, the task force began creating a comprehensive list of domestic violence offenders from the previous twelve months of arrests in Spartanburg County for domestic-related incidents. Offenders were categorized from most dangerous (Class A), repeat offender (Class B), first time DV arrest (Class C), and any non-arrest domestic violence interface with law enforcement (Class D). For the most serious or repeat offenders, pending cases are fast-tracked to ATF and the US Attorney’s Office for immediate federal prosecution or prioritized for expedited state prosecution. This process includes creating an enhanced system of tracking for offenders who are notified at any level or category. Custom notification letters, hand-delivered by law enforcement to offenders within 48 hours of the initial law enforcement contact, serve to alert offenders that they are on the Home Front radar going forward as well as detailing presumptive sentences for future acts of violence or prohibited behavior.
Solicitor Barnette is optimistic about the collaboration and is confident the focus and dedication of this task force will not waiver. “Securing our communities and ensuring that victims and children can feel safe in their own homes—breaking this horrific cycle of violence, that is our charge.”
Home Front Task Force:City of Spartanburg Police Department
City of Campobello
City of Pacolet Police Department
City of Chesnee Police Department
City of Cowpens Police Department
City of Duncan Police Department
City of Greer Police Department
City of Inman Police Department
City of Landrum Police Department
City of Lyman Police Department
City of Wellford Police Department
City of Woodruff Police Department
Spartanburg County Sheriff’s Office
Greenville-Spartanburg International Airport Police Department
Victim Advocates
Victim Services Providers
Behavioral Health
SC Dept. of Probation, Pardon and Parole Services
U. S. Attorney's Office, District of South Carolina
Bureau of Alcohol, Tobacco and Firearms
Seventh Circuit Solicitor’s Office
SAFE Homes
Children’s Advocacy Center of Spartanburg, Cherokee, & Union#####
Notice of Court ProceedingsRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake announced today that a sentencing hearing has been set for Thursday, January 12, 2017, at 2:00 P.M. in the federal courthouse in Greenville in the case of the United States v. Melvin Boswell, Jr. Melvin Boswell, Jr., age 48, of Greenville, South Carolina, pled guilty on July 12, 2016, to conspiring to possess with the intent to distribute and to distribute five kilograms or more of cocaine and possessing firearms in furtherance of a drug trafficking crime.
Evidence presented by the government during the guilty plea hearing last year established that on August 20, 2015, Greenville Police Department Officers arrested Boswell at a business in Greenville County after Boswell removed his ankle monitor while on bond for other charges. While searching Boswell’s person and a rental car Boswell had driven to the business, police found: (1) 10 firearms (one of which was stolen); (2) numerous pieces of ammunition; (3) in excess of $70,000 worth of cocaine, crack cocaine, and heroin; (4) digital scales; and (5) in excess of $7000 in U.S. Currency. At the time Boswell possessed these items, he was a convicted felon.
Boswell was arrested during the initiation of “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Greenville community. In addition to GPD and ATF, Real Time’s core partners include the Greenville County Sheriff’s Office, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, United States Probation, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office. Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 70 defendants and seizure of approximately 100 firearms as well as assorted ammunition from prohibited persons.
Greenville Police Chief Ken Miller and his department were one of the first partners on board for this initiative. “This multi-agency partnership endeavors to keep our communities safe and reduce firearms violence through ‘real time’ identification of dangerous individuals who seek to disrupt our streets and communities with firearms-driven violence.”
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office picking the case up, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The case was investigated by agents of the Drug Enforcement Administration working in conjunction with the Greenville Police Department and the Greenville County Sheriff’s Office. Assistant United States Attorney Andy Moorman of the Greenville office handled the case.
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Federal Jury Sentences Dylann Storm Roof to DeathRead the Press Release
Contact Person: Lia Bantavani, [email protected], 704-277-4259
CHARLESTON, S.C. – U.S. Attorney Beth Drake of the District of South Carolina announced today that after three hours of deliberation, a federal jury in Charleston sentenced Dylann Storm Roof, 22, to death. On Dec. 15, 2016, the same jury had convicted Roof of 33 counts of federal hate crimes, obstruction of religious exercise, and firearms charges, for killing and attempting to kill African-American worshipers at Emanuel African Methodist Episcopal (AME) Church, also known as “Mother Emanuel.”
District Judge Richard M. Gergel of the District of South Carolina presided over the trial and will hold the formal sentencing on January 11, 2017, at 9:30 a.m.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division; Principal Deputy Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division; Special Agent in Charge Alphonso Norris of the FBI’s Columbia Division; Chief Mark Keel of South Carolina’s Law Enforcement Division (SLED); and Chief Gregory G. Mullen of the Charleston Police Department join U.S. Attorney Drake in making today’s announcement.
“Motivated by racist hatred, Dylann Roof murdered and attempted to murder innocent African-American parishioners as they worshiped in the historic Mother Emanuel church,” said U.S. Attorney Drake. “But, contrary to Roof’s desire to sow the seeds of hate, his acts did not tear this community apart. Instead of agitating racial tensions as he had hoped, Roof’s deadly attack inside Mother Emanuel became an attack on all of us, and the community stood in solidarity. Now, following a trial, the jury has rendered a sentence that underscores the severity of his crimes. We here in the U.S. Attorney’s Office and the Department of Justice want to express our condolences to the victims and their loved ones, and to commend the dedication and hard work by the jury, the law enforcement officers that worked the case, the victim advocate team, and the court to ensure a fair and just process.”
“I would like to take this opportunity to highlight the outstanding cooperative effort of our FBI Special Agents and professional support staff; our local and state partners – the Charleston Police Department and the South Carolina Law Enforcement Division; and the United States Attorney’s Office, which began on the horrific night of June 17, 2015,” said Special Agent in Charge Norris. “Their excellent work has brought about, what we hope, is another step toward healing for the families of the victims and the Charleston community.”
Following the guilty verdict, the sentencing phase of the trial began on January 4, 2017. Today, the jury sentenced Roof to death on all eighteen capital counts, including nine counts of obstruction of exercise of religion resulting in death (one count for each victim killed in the attack), and nine counts of use of a firearm to commit murder during and in relation to his hate crimes and obstructions of religious exercise (one count for each of the nine victims).
In making today’s announcement, U.S. Attorney Drake also thanked the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshal’s Service; the Charleston County Sheriff’s Office; the Charleston Fire Department; the Shelby Police Department; and the Ninth Circuit Solicitor’s Office for their invaluable assistance over the course of the investigation.
The case is being prosecuted by Assistant U.S. Attorneys Jay Richardson and Nathan Williams of the District of South Carolina, Deputy Chief Richard Burns of the Justice Department’s Capital Case Section and Special Litigation Counsel Stephen Curran and Trial Attorney Mary Hahn of the Justice Department’s Civil Rights Division.
National Human Trafficking Prevention MonthRead the Press Release
Contact Person: Carrie Fisher Sherard (864) 282-2100
Columbia, South Carolina ------ In recognition of January as National Slavery and Human Trafficking Prevention Month, United States Attorney Beth Drake provides the following statement:
On January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation stating: “I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States . . . will recognize and maintain the freedom of said persons.” The Emancipation Proclamation, January 1, 1863.
A 21st Century form of servitude is lurking in the shadows of our economy - human trafficking. Human trafficking is the modern-day variation of the slavery that our country forbid so many years ago. Human trafficking eradicates the liberties that are central to American society, and strikes at the very core of our most basic values, those of freedom and choice.
Where we once thought human trafficking existed only beyond our borders or in another time, we now know South Carolina is not immune to its ills. Now more than ever, the U.S. Department of Justice through the United States Attorney’s Office is committed to rescuing human trafficking victims and prosecuting traffickers. The United States has provided the U. S. Attorney’s Office and its partners with strong and effective tools to bring to justice those who commit these most offensive human rights violations.
Consistent with the authority given to the U.S. Attorney’s Office, we recognize that the most effective approach to combating human trafficking violations in South Carolina is one that engages all segments of our society. Traffickers prey on men, women, and children - both foreign nationals and United States citizens. The exploitation of these individuals varies from the forced labor of workers in the agricultural and service industries to the forced commercial sex trade and many other forms - all yielding shameful profits to the traffickers. The U.S. Attorney’s Office has successfully prosecuted human trafficking cases from the coast to the midlands to the upstate. Building on these successes, the U.S. Attorney’s Office will continue to work to strengthen relationships between federal, state, and local law enforcement, governmental agencies, and non-governmental agencies to rescue more human trafficking victims and effectively prosecute these human rights violations.
Through the vigorous prosecution of human traffickers and in conjunction with the FBI and DHS HSI, the U.S. Attorney’s Office will to work to make South Carolina an area inhospitable to and intolerant of human trafficking.
“Human trafficking is quite simply, a form of modern-day slavery, and the sexual abuse of underage victims only adds to the heinous nature of such crimes,” said Special Agent in Charge of ICE Homeland Security Investigations Atlanta Nick Annan. “Over the past two years HSI has rescued nearly 1,000 trafficking victims nationwide with many of them often hidden in plain sight. HSI will continue our relentless pursuit to investigate and seek prosecution of criminal traffickers while ensuring the victims of this terrible crime are rescued and get the care they need.”
The FBI stated: “Human trafficking is a very real problem in South Carolina that is being addressed by the FBI and our law enforcement partners and community organizations in South Carolina. The victims are frequently fearful and reluctant to talk to us. We ask that anyone with any information about human trafficking contact the FBI.”
Warning Signs of Human Trafficking
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Minor engaged in commercial sex activities
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Signs of physical abuse
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Deprivation of food, water, sleep, or medical care
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Someone whose communications are restricted
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A large number of occupants in one residence
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Someone who is rarely seen outside their residence
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Individual not allowed to socialize or attend religious services
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Always accompanied when outside the residence
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Outside locks on doors and windows to prevent someone from leaving the residence
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No travel documents for identification, i.e., ID card, birth certificate, passport, visa, Social Security card
To report suspected human trafficking, the public should contact their local law enforcement office or the national human trafficking hotline at 1-888-3737-888.#####
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Columbia Man Sentenced for Oxycontin TraffickingRead the Press Release
Contact Person: Winston Holliday (803) 929-3000
Columbia, South Carolina---- Acting United States Attorney Beth Drake stated that Theodore Fulton, age 61, of South Carolina, was sentenced in federal court in Columbia, South Carolina, for Conspiracy to Distribute Oxycodone, a violation of 21 U.S.C. § 846. United States District Judge J. Michelle Childs of Columbia sentenced Fulton to 110 months of incarceration. Fulton also was ordered to forfeit a house worth over $400,000 and two Lexus automobiles, all purchased in part with proceeds from his drug dealing.
Evidence presented at the change of plea hearing established that between 2008 and 2014, Fulton was the ringleader of a conspiracy that distributed over 31,000 Oxycodone tablets in the Columbia area. Fulton would recruit co-conspirators as patients to go to a particular doctor, complain of pain, and obtain Oxycodone prescriptions. Fulton would then buy the pills from them and sell those pills for profit from another conspirator’s residence.
Co-conspirators Daryal Hipp, age 60, and Calvin Sims, age 55, both of Columbia, were convicted after a trial held in December 2015. Hipp has been sentenced to 50 months in prison. Sims awaits sentencing.
Previously, John Kennedy, age 52, was sentenced to 110 months in prison for his role in the conspiracy.
The case was investigated by the Drug Enforcement Administration. Assistant United States Attorneys Winston Holliday and Ben Garner of the Columbia office prosecuted the case.#####
McLaughlin Man Sentenced for Assault by Striking, Beating, and WoundingRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Assault by Striking, Beating, and Wounding was sentenced on December 20, 2016, by U.S. Magistrate Judge William D. Gerdes.
Sinjin Cameron, age 23, was sentenced to 180 days in custody and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Cameron was indicted by a federal grand jury on June 14, 2016. He pled guilty to a Superseding Information on September 19, 2016.
The conviction stemmed from an incident on May 27, 2016, when Cameron had an altercation with the victim. Though the altercation was mutual, Cameron gained the upper-hand and rendered the victim unconscious and while the victim laid on the road, Cameron struck the victim on or about the head, causing minor injury to the victim.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Cameron was immediately turned over to the custody of the U.S. Marshals Service.
“Real Time”: Felon Who Attempted to Evade Officers Sentenced to 10 Years in Federal Prison for Firearms PossessionRead the Press Release
Contact Person: Lance Crick (864) 282-2100
COLUMBIA, South Carolina ---- Acting United States Attorney Beth Drake stated today that Amancio Joshua Venegas, age 32, of Gaffney, was sentenced to ten years in federal prison following a guilty plea to federal gun charges. United States District Judge Timothy M. Cain presided over both the guilty plea hearing, held on April 25, 2016, and yesterday’s sentencing hearing in Anderson. Venegas was arrested on federal charges shortly after his state arrest and has remained in custody, detained without bond, since his federal arrest. Venegas received the statutory maximum sentence for his conduct.
The facts presented at both the guilty plea hearing as well as the sentencing hearing established that on August 19, 2016, Venegas, a previously convicted felon who is prohibited from possessing firearms or ammunition, drove an underage female to a restaurant parking lot in Cowpens in an ill-fated attempt to facilitate a methamphetamine drug deal. In the days leading up to the attempted drug deal, Venegas helped the female acquire a loaded .22 caliber pistol which she had in her purse as she approached her drug customer. Venegas was aware when she got out of his vehicle that she was in possession of the firearm.
The deal quickly went south as the prospective customer turned out to be an undercover police officer. As police quickly moved in to make arrests, Venegas fled the parking lot in his Jeep Cherokee, hitting a pedestrian in the process. In his attempt to flee, Venegas ultimately abandoned his vehicle after running it into a median guidewire on Interstate 85 in Cherokee County and then ran into the woods before being taken into custody.
Arrested on state charges on August 19, 2015, Venegas’ case was immediately adopted for federal investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Venegas was arrested on federal warrants on August 24, 2016. This investigation was one of the first cases adopted as part of the US Attorney’s Office’s “Real Time” prosecutions in the upstate.
“Real Time” is an ongoing local, state, and federal initiative that expedites the identification, arrest, detention, and federal prosecution of repeat offenders arrested with firearms. The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the upstate. Venegas was on state probation at the time of his firearms possession and flight, having been released from the South Carolina Department of Corrections 47 days earlier.
The case was investigated by the Cowpens Police Department, the Gaffney Police Department, the Spartanburg County Sheriff’s Office, the Cherokee County Sheriff’s Office, the South Carolina Highway Patrol, the South Carolina Law Enforcement Division, the 7th Circuit Solicitor’s Office, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant United States Attorney Lance Crick of the Greenville office prosecuted the case.
Acting U.S. Attorney Beth Drake commended the continuing partnership between the state and federal agencies in keeping our communities safe: “We work best when we work together. We welcome the opportunity to work alongside our state chiefs and sheriffs in taking individuals who illegally possess firearms out of our communities.
7th Circuit Solicitor Barry Barnette and his office serve as an active partner in the Real Time efforts. “This multi-agency partnership endeavors to keep our communities safe and reduce firearms violence through ‘real time’ identification of dangerous individuals who seek to disrupt our streets and communities with firearms-driven violence.”
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Two NC 18-Year-Olds Federally Indicted in Simpsonville Gun Store RobberyRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Columbia, South Carolina –-- Acting United States Attorney, Beth Drake, announced today that two individuals from Charlotte, NC, Sahier Lavon Richardson, age 18, and Juran Maghi Witherspoon, age 18, have been charged federally for their roles in the pre-dawn break-in and theft of firearms from The Gun Shop in Simpsonville in October.
On December 13, 2016, a federal grand jury returned a one-count indictment alleging that on October 13, 2016, the defendants, Richardson and Witherspoon, knowingly and unlawfully did take and carry away from the premises of The Gun Shop, 622 NE Main Street, Simpsonville, South Carolina, a licensed firearms dealer, firearms in the licensee’s business inventory that had been shipped and transported in interstate and foreign commerce, and did aid and abet each other in the commission of the aforesaid offense; in violation of Title 18, United States Code, Sections 922(u), 924(i)(1) and 2.
Prior to their indictment, Richardson and Witherspoon were arrested on federal arrest warrants in early November for the offense and have remained in custody, detained without bond, since that date.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with the assistance and cooperation of the Simpsonville Police Department, Charlotte Mecklenburg Police Department and the Lincoln County (North Carolina) Sheriff’s Department. The case has been assigned to Assistant United States Attorney Lance Crick of the Greenville office for prosecution.
The Acting United States Attorney stated that all charges in this indictment are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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The District of South Carolina U.S. Attorney’s Office Collects $65,905,918.40 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2016Read the Press Release
Contact Person: Beth Drake (803) 929-3000
Columbia, South Carolina --- Acting U.S. Attorney Beth Drake announced today that the District of South Carolina collected $65,905,918.40 in criminal and civil actions in Fiscal Year 2016. Of this amount, $7,112,893.48 was collected in criminal actions and $58,793,024.92 as collected in civil actions.
Additionally, the District of South Carolina worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $78,957,002.59 in cases pursued jointly with these offices. Of this amount, $200.00 was collected in criminal actions and $78,956.802.59 was collected in civil actions.
Attorney General Loretta E. Lynch announced on December 14, 2016 that the Justice Department collected nearly $15.4 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2016. The $15,380,130,434 in collections in FY 2016 represents more than five times the appropriated $2.93 billion budget for the 94 U.S. Attorneys’ offices and the main litigating divisions of the Justice Department combined in that same period.
“Every day, the men and women of the Department of Justice work tirelessly to enforce our laws, ensuring that taxpayer dollars are used properly and that the American people are protected from exploitation and abuse,” said Attorney General Lynch. “Today’s announcement is a testament to that work, and it makes clear that our actions deliver a significant return on public investment. I want to thank the prosecutors and trial attorneys who made this year’s collections possible, and I want to emphasize that the department remains committed to the well-being of our people and our nation.”
“This office has made a substantial commitment to combating fraud,” said Acting U.S. Attorney Beth Drake. "The District of South Carolina US Attorney's Office has devoted six (6) lawyers supported by a terrific team of investigators and paralegals to pursue fraud against government agencies. As the Attorney General has noted, year in and year out, our ACE Unit diligently pursues unscrupulous individuals who seek to line their pockets with tax dollars at the expense of programs destined to support and protect the people of the United States. Whether the targeted funds are designed for Medicare, disaster relief, or a military contract, we give this work the top priority it deserves."
This past March, the District of South Carolina, in cooperation with the Civil Division’s Commercial Litigation Branch, the HHS Office of Counsel to the Inspector General and Office of Investigations, and the National Association of Medicaid Fraud Control Units entered a settlement with Respironics Inc., based in Murrysville, Pennsylvania for $34.8 million to resolve alleged False Claims Act violations for paying kickbacks in the form of free call center services to durable medical equipment (DME) suppliers that bought its masks for patients with sleep apnea.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in South Carolina, working with partner agencies and divisions, collected $2,235,503 in asset forfeiture actions in FY 2016. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
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Salem Man Indicted on Federal Gun ChargesRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Columbia, South Carolina – Acting United States Attorney, Beth Drake, announced today that Justin David Crenshaw, age 31, of Salem, was indicted earlier this week for illegally possessing ammunition as a felon.
On December 13, 2016, a federal grand jury returned an indictment alleging that on October 25, 2016, in the District of South Carolina, the Defendant, Justin David Crenshaw, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly did possess in and affecting commerce, ammunition, that is, 9mm ammunition, which had been shipped and transported in interstate and foreign commerce; in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e).
Prior to his indictment, Crenshaw was arrested on federal arrest warrants in early December for the offense and has remained in custody, detained without bond, since that date. The investigation was conducted by the Oconee County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case has been assigned to Assistant United States Attorney Lance Crick of the Greenville office for prosecution.
The Acting United States Attorney stated that all charges in this indictment are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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Federal Grand Jury IndictmentsRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Acting United States Attorney Beth Drake stated that yesterday a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:
Two Men Arrested and Charged with Illegal Re-Entry into the United States
Luis Enrique Bedoya and Melvin Flores were each charged in separate indictments with illegal re-entry to the United States, a violation of Title 8, United States Code, Section 1326. The maximum penalty each could receive, depending on their prior criminal history, is two to twenty years imprisonment. The cases were investigated by agents of the Department of Homeland Security, Office of Investigations (DHS). The cases are assigned to Assistant United States Attorney Max Cauthen of the Greenville office for prosecution.
“Real Time”: Spartanburg Man Arrested and Indicted in South Carolina for Felon in Possession of Firearm
Fred Deshawn Edwards, age 22, was charged in a one-count indictment with being a Felon in Possession of a Firearm, a violation of 18 U.S.C. 922(g). The maximum penalty Edwards could receive is 10 years imprisonment and a maximum fine of $250,000. The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Spartanburg Police Department and is prosecuted as part of the joint federal, state, and local “Real Time” initiative. The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the community. Assistant United States Attorney Max Cauthen of the Greenville office is handling prosecution of this case.
“Real Time”: Greenville Man Arrested and Indicted in South Carolina for Felon in Possession of Firearm
Joshua Matthew Garrett, age 26, was charged in a one-count indictment with being a Felon in Possession of a Firearm, a violation of 18 U.S.C. 922(g). The maximum penalty Garrett could receive is 10 years imprisonment and a maximum fine of $250,000. The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Greenville County Sheriff’s Office and is prosecuted as part of the joint federal, state, and local “Real Time” initiative. The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the community. Assistant United States Attorney Max Cauthen of the Greenville office is handling prosecution of this case.
The Acting United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.#####
Chief of St. Paul’s Fire District and Two Others Charged in Fraud and Kickback SchemeRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Columbia, South Carolina---- Acting United States Attorney Beth Drake today announced that a Charleston Grand Jury has returned a two-count indictment charging St. Paul’s Fire District Chief Doc McNeil Matthews, age 47, of Hollywood; Assistant Chief Charles Riddle, age 44, of Goose Creek; and Mary Jo Thomas-Delaney, age 67, of Summerville, with fraud and embezzlement from a federally funded organization. Count 1 of the Indictment alleges that Chief Matthews embezzled money from the District by, among other things, inflating his leave balances and cashing in the leave. In Count 2, the indictment alleges that Matthews, Riddle and Thomas-Delaney participated in a scheme to secretly inflate contract payments from the District to Thomas-Delaney’s company, Grant Services LLC, and then split the inflated proceeds with each other. Each count carries a maximum prison term of ten years, and a fine of up to $250,000.
The case was investigated by the Federal Bureau of Investigation and South Carolina State Law Enforcement Division. The investigation was initiated at the request of the St. Paul’s Fire District Commission after audits disclosed financial irregularities.
Assistant United States Attorney Eric Klumb is prosecuting the case.
The Acting United States Attorney stated that the charges alleged in the Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Allendale Man Indicted for Drug and Gun ChargesRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Charleston, South Carolina ---- Acting United States Attorney Beth Drake announced today that DelRico Ramone Eady, age 37, of Allendale, South Carolina was charged in a 3-count indictment with Distribution of Cocaine Base, more commonly known as crack cocaine, a violation of Title 21, U. S. C. §841(a)(1) (two counts), and Possession of a Firearm in Furtherance of Drug Trafficking, a violation of Title 18, U. S. C. §924(c)(1)(A)(i).
The maximum penalties that Eady could receive for distribution of cocaine base is 20 years imprisonment and supervised release for 3 years, as to each count. The maximum penalty he could receive for a violation of 924(c) is Life imprisonment.
The case was investigated by agents of the FBI, ATF, Allendale Police Department and 14th Circuit Solicitor's Office and is being prosecuted by Special Assistant United States Attorney Carra Henderson.
Ms. Drake stated that the charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Child Sex Trafficker Convicted at TrialRead the Press Release
Contact Person: Jim May (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Samuel Pratt, a/k/a “Promise,” age 34, of Gastonia, North Carolina, was found guilty on 8 counts related to sex trafficking, child pornography and firearm charges in federal court in Columbia. United States District Judge Terry L. Wooten of Columbia presided over the four-day trial and will impose sentence on Pratt after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at trial established that the defendant ran a prostitution business of both adults and juveniles, in South Carolina, North Carolina and New York. The trial opened a window into the seedy world of human trafficking in the Carolinas. Witnesses provided extensive testimony about the manipulation and abuse, as well as the inner-workings of the sex trafficking operation. Two of the victims were recruited at 14 and 17. This was the first jury verdict in South Carolina related to human trafficking. The defendant’s mother, Daphne Pratt, previously plead guilty to conspiracy to sex traffic children in the case.
Ms. Drake stated, “Sex traffickers prey on those in our society who are most vulnerable. This case is a great example of how law enforcement at the state and federal level, working together, can bring these predators to justice.”
The maximum penalty for five of the counts is life. The case was investigated by agents of the FBI, the ATF, and the US Marshals. Assistant United States Attorneys Jim May and Will Lewis of the Columbia office prosecuted the case.#####
Press Notice -“Home Front”: 7th Circuit Solicitor Barry Barnette launches a multi-disciplinary task force to take on domestic violenceRead the Press Release
Contact Person: Lance Crick (864) 282-2100
SPARTANBURG, South Carolina ---- In a courtroom filled with local, state, and federal law enforcement, as well as representatives from SAFE Homes and State Probation, 7TH Circuit Solicitor Barry Barnette, with the support and partnership of the U.S. Attorney’s Office, officially launched the state’s newest and, to date, its only focused deterrence-based effort to combat domestic violence, “Home Front”.
Modelled after a program started in High Point, NC, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.
Under the guidance of Solicitor Barnette and High Point (NC) Chief Marty Sumner, Home Front has quickly gone from concept to reality. High Point’s model and research suggests that early intervention is key in stopping the cycle of violence.
The Home Front strategy identifies and focuses on offenders at the earliest stages of offending, before their violent conduct is entrenched and escalating.
According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.
Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.
According to the 2015 Violence Policy Center When Men Murder Women report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew.
In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
Acting United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
The Home Front task force began a thorough, eight-step implementation process in the fall. The steps included training officers, synchronizing the coding of calls among the law enforcement agencies to harmonize communication--to create a back stop of sorts so that no domestic calls or offenders slip through the cracks among the sixteen municipal law enforcement entities in Spartanburg County. Very early in the implementation process, the task force began creating a comprehensive list of domestic violence offenders from the previous twelve months of arrests in Spartanburg County for domestic-related incidents. Offenders were categorized from most dangerous (Class A), repeat offender (Class B), first time DV arrest (Class C), and any non-arrest domestic violence interface with law enforcement (Class D).
For the most serious or repeat offenders, pending cases are fast-tracked to ATF and the US Attorney’s Office for immediate federal prosecution or prioritized for expedited state prosecution. This process includes creating an enhanced system of tracking for offenders who are notified at any level or category. Custom notification letters, hand-delivered by law enforcement to offenders within 48 hours of the initial law enforcement contact, serve to alert offenders that they are on the Home Front radar going forward as well as detailing presumptive sentences for future acts of violence or prohibited behavior.
Solicitor Barnette is optimistic about the collaboration and is confident the focus and dedication of this task force will not waiver. “Securing our communities and ensuring that victims and children can feel safe in their own homes—breaking this horrific cycle of violence, that is our charge.”
Home Front Task Force:
City of Spartanburg Police Department
City of Campobello
City of Pacolet Police Department
City of Chesnee Police Department
City of Cowpens Police Department
City of Duncan Police Department
City of Greer Police Department
City of Inman Police Department
City of Landrum Police Department
City of Lyman Police Department
City of Wellford Police Department
City of Woodruff Police Department
Spartanburg County Sheriff’s Office
Greenville-Spartanburg International Airport Police Department
Victim Advocates
Victim Services Providers
Behavioral Health
SC Dept. of Probation, Pardon and Parole Services
U. S. Attorney's Office, District of South Carolina
Bureau of Alcohol, Tobacco and Firearms
Seventh Circuit Solicitor’s Office
SAFE Homes
Children’s Advocacy Center of Spartanburg, Cherokee, & Union
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Media AdvisoryRead the Press Release
Contact Person: Beth Drake: (803) 929-3000
COLUMBIA, SOUTH CAROLINA – Acting United States Attorney Beth Drake, Solicitor Barry Barnette, Special Agent in Charge C.J. Hyman of the Bureau of Alcohol, Tobacco and Firearms, and local law enforcement leaders will hold a press conference Wednesday, December 7, 2016, at the Spartanburg County Courthouse to discuss the county-wide domestic violence initiative known as “Home Front.”
WHEN: Wednesday, December 7, 2016 TIME: 10:00 a.m. WHERE: Spartanburg County Courthouse
180 Magnolia Street
Spartanburg, SC 29306
East CourtroomNOTE: All media must present government-issued photo identification (such as driver’s license). Press inquiries regarding logistics should be directed to Murray Glenn, 864-809-4892. All media should be in place 20 minutes prior to start. Please plan for the extra time needed to process equipment and personnel through courthouse security.
Street parking is available on two sides of the courthouse. Parking is also available in the surface lot directly behind the courthouse.
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Princess Cruise Lines to Pay Largest-Ever Criminal Penalty for Deliberate Vessel PollutionRead the Press Release
Contact: Office of Public Affairs (202) 514-2007
WASHINGTON – Princess Cruise Lines Ltd. (Princess) has agreed to plead guilty to seven felony charges stemming from its deliberate pollution of the seas and intentional acts to cover it up. Princess will pay a $40 million penalty– the largest-ever criminal penalty involving deliberate vessel pollution – and plead guilty to charges related to illegal dumping of oil contaminated waste from the Caribbean Princess cruise ship. The plea agreement was announced today by Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division and U.S. Attorney Wifredo A. Ferrer for the Southern District of Florida in Miami, Florida.
Princess, headquartered in Santa Clarita, California, is a subsidiary of Carnival Corporation (Carnival), which owns and operates multiple cruise lines and collectively comprises the world’s largest cruise company. Carnival is headquartered in Miami. As part of the plea agreement with Princess, cruise ships from eight Carnival cruise line companies (Carnival Cruise Line, Holland America Line N.V., Seabourn Cruise Line Ltd. and AIDA Cruises) will be under a court supervised Environmental Compliance Program (ECP) for five years. The ECP will require independent audits by an outside entity and a court appointed monitor.
The charges to which Princess will plead guilty concern the Caribbean Princess cruise ship which visited various U.S. ports in Florida, Maine, Massachusetts, New Jersey, New York, Puerto Rico, Rhode Island, South Carolina, Texas, U.S. Virgin Islands and Virginia. The U.S. investigation was initiated after information was provided to the U.S. Coast Guard by the British Maritime and Coastguard Agency (MCA) indicating that a newly hired engineer on the Caribbean Princess reported that a so-called “magic pipe” had been used on Aug. 23, 2013, to illegally discharge oily waste off the coast of England. The whistleblowing engineer quit his position when the ship reached Southampton, England. The chief engineer and senior first engineer ordered a cover-up, including removal of the magic pipe and directing subordinates to lie. The MCA shared evidence with the U.S. Coast Guard, including before and after photos of the bypass used to make the discharge and showing its disappearance. The U.S. Coast Guard conducted an examination of the Caribbean Princess upon its arrival in New York City, New York, on Sept. 14, 2013, during which certain crew members continued to lie in accordance with orders they had received from Princess employees.
According to papers filed in court, the Caribbean Princess had been making illegal discharges through bypass equipment since 2005, one year after the ship began operations. The discharge on Aug. 26, 2013, involved approximately 4,227 gallons, 23 miles off the coast of England within the country’s Exclusive Economic Zone. At the same time as the discharge, engineers simultaneously ran clean seawater through the ship’s overboard equipment in order to create a false digital record for a legitimate discharge.
Caribbean Princess used multiple methods over the course of time to pollute the seas. Prior to the installation of the bypass pipe used to make the discharge off the coast of England, a different unauthorized valve was used. When the Department of Justice investigative team conducted a consensual boarding of the ship in Houston, Texas, on March 8, 2013, they found the valve that crew members had described. When it was removed by Princess at the department’s request, it was found to contain black oil.
In addition to the use of a magic pipe to circumvent the oily water separator and oil content monitor required pollution prevention equipment, the U.S. investigation uncovered two other illegal practices which were found to have taken place on the Caribbean Princess as well as four other Princess ships – Star Princess, Grand Princess, Coral Princess and Golden Princess. One practice was to open a salt water valve when bilge waste was being processed by the oily water separator and oil content monitor. The purpose was to prevent the oil content monitor from otherwise alarming and stopping the overboard discharge. This was done routinely on the Caribbean Princess in 2012 and 2013. The second practice involved discharges of oily bilge water originating from the overflow of graywater tanks into the machinery space bilges. This waste was pumped back into the graywater system rather than being processed as oily bilge waste. Neither of these practices were truthfully recorded in the oil record book as required. All of the bypassing took place through the graywater system which was discharged when the ship was more than four nautical miles from land. As a result, discharges within U.S. waters were likely.
“The pollution in this case was the result of more than just bad actors on one ship,” said Assistant Attorney General Cruden. “It reflects very poorly on Princess’s culture and management. This is a company that knew better and should have done better. Hopefully the outcome of this case has the potential not just to chart a new course for this company, but for other companies as well.”
“The conduct being addressed today is particularly troubling because the Carnival family of companies has a documented history of environmental violations, including in the Southern District of Florida,” said U.S. Attorney Ferrer. “Our hope is that all companies abide by regulations that are in place to protect our natural resources and prevent environmental harm. Today’s case should send a powerful message to other companies that the U.S. government will continue to enforce a zero tolerance policy for deliberate ocean dumping that endangers the countless animals, marine life and humans who rely on clean water to survive.”
“The safety, security and environmental stewardship of our ports, waterways and oceans is an important Coast Guard mission set and the complexity of the challenges we face today requires a global unity of effort among law enforcement partners,” said Rear Admiral Scott Buschman Commander, Coast Guard District Seven. “I sincerely thank the U.S. Attorney and the United Kingdom Maritime and Coastguard Agency for your leadership, your collaboration and the hard work put forth to reach a plea agreement with significant penalties that serve as a clear warning to all polluters.”
“This shows just how well the U.K. and U.S. can work together on these kind of cases,” said Jeremy Smart, head of enforcement at the Maritime & Coastguard Agency of the United Kingdom. “It also sends a clear message to the industry that this kind of pollution practice will not be tolerated anywhere in the world. It also shows that we will always take any information we are given by those who report such practices to us very seriously and will act upon it.”
In addition to the criminal information, a plea agreement and joint factual statement were today filed in court in Miami. Photographs of some of the evidence provided by the whistleblower and obtained by the government were also filed in federal court. In the factual statement, Princess also admitted to the following:
- Illegal discharges took place on the Caribbean Princess dating back to 2005, one year after the vessel started operations, as part of a conspiracy to violate the Act to Prevent Pollution from Ships and to obstruct justice.
- Different bypass methods were used over the course of time, including a “magic pipe” used to transfer oily waste overboard.
- After learning that an engineer had blown the whistle, senior ship engineers dismantled the bypass pipe and instructed crew members to lie.
- Prior to the MCA boarding, the chief engineer and senior first engineer ordered crew members to lie. Following the MCA’s inquiry, the chief engineer held a sham meeting in the engine control room to pretend to look into the allegations while holding up a sign stating: “LA is listening.” The engineers present understood that anything said might be heard by those at the company’s headquarters in Los Angeles, California, because the engine control room contained a recording device intended to monitor conversations in the event of an incident.
- When using the magic pipe, engineers processed sea water through the oily water separator in order to create a digital record to account for the missing waste.
- Shore-side management failed to provide and exercise sufficient supervision and management controls to prevent or detect criminal violations by Caribbean Princess crew members.
- A perceived motive for the crimes was financial – the chief engineer that ordered the dumping off the coast of England told subordinate engineers that it cost too much to properly offload the waste in port and that the shore-side superintendent who he reported to would not want to pay the expense.
- Princess engineers on the Caribbean Princess indicated that the chief engineer responsible for the discharge on Aug. 26, 2013, was known as “broccino corto” (a person with short arms), an Italian expression for a cheap person whose arms are too short to reach his wallet. Some expressed the same opinion of the shore-side superintendent.
- Graywater tanks overflowed into the bilges on a routine basis and were pumped back into the graywater system and then improperly discharged overboard when they were required to be treated as oil contaminated bilge waste. The overflows took place when internal floats in the graywater collection tanks got stuck due to large amounts of fat, grease and food particles from the galley that drained into the graywater system. Graywater tanks overflowed at least once a month and, at times, as frequently as once per week. Princess had no written procedures or training for how internal gray water spills were supposed to be cleaned up and the problem remained uncorrected for many years.
- Princess discovered “stub pipes” along the entire length of the ship for the apparent purpose of pumping graywater overflows into the bilges back into the graywater system and subsequently overboard.
According to papers filed in court, Princess has undertaken remedial measures in response to the government’s investigation, including upgrading the oily water separators and oil content monitors on every ship in its fleet and instituting many new policies.
If approved by the court, $10 million of the $40 million criminal penalty will be devoted to community service projects to benefit the maritime environment; $3 million of the community service payments will go to environmental projects in South Florida; $1 million will be earmarked for projects to benefit the marine environment in United Kingdom waters.
Today’s prosecution was made possible through the combined efforts of the U.S. Coast Guard Investigative Service, the U.S. Coast Guard 7th District Legal Office, U.S. Coast Guard’s Office of Maritime and International Law and U.S. Coast Guard Office of Investigations and Analysis. In announcing the case, Assistant Attorney General Cruden and U.S. Attorney Ferrer expressed their appreciation to the U.K.’s MCA for their cooperation and assistance. The case was prosecuted by Richard A. Udell, Senior Litigation Counsel with the Environmental Crimes Section of the Department of Justice and Thomas Watts-FitzGerald, Deputy Chief, Economic & Environmental Crimes Section for the Southern District of Florida.
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DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Department of Justice Files Statement of Interest in South Carolina Statewide School-to-Prison Pipeline CaseRead the Press Release
The Justice Department filed a statement of interest late yesterday in the case of Kenny et al. v. Wilson et al. articulating the United States’ position that laws invoked to charge juveniles must include clear standards to ensure that they are enforced consistently and free from discrimination. In the filing, the department explains that vague statues enforced arbitrarily contribute to the “school-to-prison pipeline,” the cycle of harsh school discipline that brings young people into the justice system and disproportionately affects, among others, students of color and students with disabilities.
In Kenny, a case before the U.S. District Court for the District of South Carolina, a proposed class of students and a non-profit youth services organization allege that two state laws – the disturbing schools statute and the disorderly conduct statute – are unconstitutionally vague. As a consequence, plaintiffs assert, the laws do not provide students with notice of what conduct is criminally prohibited and they lead to arbitrary and discriminatory enforcement.
“The criminalization of everyday and ordinary childhood behavior under imprecise statutes can have disastrous and discriminatory consequences,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “Laws must provide officers with sufficient guidance to distinguish between innocent and delinquent conduct and ensure that all children receive the full protections of our Constitution. We must remain vigilant to ensure law enforcement practices do not unnecessarily remove children from the classroom and place them in a pipeline to prison.”
In the filing, the department explains that “significant racial disparities in the enforcement of a criminal statute may indicate that the statute is unconstitutionally vague” in violation of the due process clause of the 14th Amendment. Laws that lack clear standards and do not provide sufficient guidance to law enforcement can lead to arbitrary or discriminatory enforcement. In Kenny, the plaintiffs allege that African-American students are nearly four times more likely to be referred for criminal “disturbing schools” charges than white students and that the disparity is even starker in certain counties. Plaintiffs further allege that such racial disparities in the school context are not explained by differences in behavior across racial groups.
In Kenny, the plaintiffs also allege that enforcement of the two state statutes drives large numbers of young people into the juvenile and criminal justice systems, criminalizes common youthful behavior, likely results in disparities on the basis of disability and subjects students to punishment that is not proportionate to the charged misconduct.
The department’s statement of interest also provides examples from the department’s juvenile justice and law enforcement experience to illustrate the link between vague standards and unconstitutional practices. The brief represents one of the department’s many efforts in recent years to address the school-to-prison pipeline.
Kenny et al. v. Wilson et al. was filed in August 2016. The court will hold a hearing on all pending motions on Dec. 8, 2016.
Kenny v. Wilson SOIBowman Man Sentenced for Importing "Molly" from ChinaRead the Press Release
Contact Person: Jane B. Taylor (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Bradley Lewis Felder, 27, was sentenced by United States District Court Judge Terry L. Wooten to a term of imprisonment of 144 months, or 12 years. Felder pled guilty in June of this year to his involvement in a Conspiracy to Possess with Intent to Distribute and to Distribute a Quantity of 3,4-Methylenedioxyethylcathinone Hydrochloride (commonly known as "Molly") and 50 kilograms of more of Marijuana, a violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C) and 846.
At Felder’s guilty plea hearing, an attorney for the Government told Judge Wooten that, in the summer of 2013, agents from the Drug Enforcement Administration began investigating Bradley Felder who they learned was involved in the importation and distribution of both high-grade marijuana and “molly” in and around Richland and Lexington Counties. As the investigation progressed, agents established that Felder was importing high-grade marijuana from northern California, and “molly” from an unknown source of supply in China. Agents discovered that Felder rented various houses and apartments in and around Richland and Lexington Counties for the primary purpose of using the addresses to receive shipments of “molly.” Felder paid friends to accept the delivery of the drug packages; sometimes he paid in cash, other times he paid with marijuana.
During the investigation that led to Felder’s arrest, agents intercepted approximately 9 packages of “molly,” each containing kilogram quantities, being shipped to South Carolina from China, and seized approximately $150,000 in cash from Felder. On August 31, 2015, Special Agents and Task Force Officers of the Midlands HIDTA group arrested Felder, in the parking garage of the Gates of Williams Brice apartments. Following Felder’s arrest, agents seized an additional $47,837.90 cash, a loaded .45 caliber pistol, and two watches valued at approximately $64,000.00. Agents also seized several cell phones from Felder; one of those phones held photographs of huge amounts of money. One picture, taken in Felder’s apartment a month prior to his arrest, showed money stacked on the kitchen counter. The money had been heat-sealed in plastic, and stacked in large bundles. Another photograph showed a small closet and on the shelves of the closet were large Tupperware-like containers full of cash.
Agents confronted Felder about the money that was pictured on his phone. On February 2, 2016, Felder led agents to a location where he had buried a large bag of money in Bowman, SC. Agents seized the bag which contained over $1.7 million dollars. [Photograph attached.]
At sentencing, Judge Wooten ordered Felder to forfeit the money that had been seized from him; Judge Wooten’s order included a money judgment against the defendant in the amount of $11 million dollars.
The case was investigated by agents of the Midlands HIDTA Task Force, comprised of agents from South Carolina Law Enforcement Division (SLED), the Kershaw County Sheriff’s Office, the Orangeburg County Sheriff’s Office, Orangeburg Public Safety, the Columbia Police Department, the 5th Circuit Solicitor’s Office, the Richland County Sheriff’s Office and the Lexington County Sheriff’s Office, and with assistance from the United States Postal Service and Homeland Security Investigation. Assistant United States Attorney Jane B. Taylor of the Columbia office prosecuted the case.
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Bluffton Woman Indicted for Bank Fraud and Wire FraudRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Charleston, South Carolina ---- Acting United States Attorney Beth Drake announced today that on November 9, 2016, Lecelle Theresa Montgomery of Bluffton, South Carolina, was charged in a 10 count Indictment with Bank Fraud (5 counts), a violation of 18 U.S.C. §1344, and Wire Fraud (5 counts), a violation of 18 U.S.C. §1343.
The indictment alleges that beginning in or about 2008, and continuing to about 2012, Montgomery knowingly executed a scheme to commit Bank Fraud by obtaining money under the control of a financial institution by means of false and fraudulent pretenses, promises and representations.
With regard to the 5 counts of Wire Fraud, the indictment alleges that during the same period, Montgomery, acting as a financial advisor, authorized to use a credit card belonging to an investor for incidental expenses related to the investor’s illness, devised a scheme to defraud an investor by means of false and fraudulent pretenses, promises, and representations by using the investor’s credit card to make personal purchases.
The maximum penalties that Montgomery could receive for Bank Fraud is 30 years imprisonment and a $1,000,000 fine. The maximum penalties she could receive for Wire Fraud is 20 years imprisonment, a fine of $250,000, supervised release of not more than 3 years, and a $100 fine.
The case was investigated by the Federal Bureau of Investigation and is assigned to Assistant United States Attorney Matt Austin of the Charleston office for prosecution.
Ms. Drake stated that the charges in this Indictment are merely accusations and that the remaining defendants are presumed innocent until and unless proven guilty.
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“Real Time”: Two Men Sentenced in Federal Court on Gun Charges, Six Others Enter Guilty Pleas over Two Days of Hearings in Federal CourtRead the Press Release
COLUMBIA, South Carolina ---- Acting United States Attorney Beth Drake stated today that multiple individuals entered guilty pleas this week on federal gun charges while others were sentenced for firearms violations. Guilty pleas and sentencing hearings are bifurcated in the federal system and United States District Court Judge Bruce H. Hendricks presided over all of the hearings this week.
These cases represent a small snapshot of “Real Time,” an ongoing local, state, and federal initiative that expedites the identification, arrest, detention, and federal prosecution of repeat offenders arrested with firearms. The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Greenville community.
In addition to Greenville Police Department (GPD), the Greenville County Sheriff’s Office (GCSO), and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Real Time’s core partners include the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office.
Greenville Police Chief Ken Miller and his department were one of the first partners on board for this initiative. Chief Miller stated that “This multi-agency partnership endeavors to keep our communities safe and reduce firearms violence through ‘real time’ identification of dangerous individuals who seek to disrupt our streets and communities with firearms-driven violence.”
Acting U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the ATF and the U.S. Attorney’s Office prosecuting the cases federally, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
Since its launch in August of 2015, the initiative has resulted in the expedited federal prosecution of some 78 defendants and seizure of over 110 firearms as well as assorted ammunition from prohibited persons.
Sentencing Hearings: November 15, 2016
United States of America v. Julian Rashad Sawyer: Julian Rashad Sawyer, age 28, of Greenville, was sentenced to 46 months in federal prison followed by a three-year term of supervised release, after previously entering a guilty plea in July to felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g)(1). After Sawyer’s initial arrest on state firearms charges, ATF adopted the case for federal prosecution. Sawyer was then arrested on a federal warrant for this conduct, was detained without a bond, and will remain in federal custody until he is designated and transported to the Bureau of Prisons.Evidence presented by the government during both the guilty plea hearing and the sentencing hearing established that on April 25, 2016, officers with the Mauldin Police Department conducted a traffic stop on a vehicle in which Sawyer was a passenger. Sawyer was found to be in possession of a Smith and Wesson 9mm pistol with a loaded 9mm magazine nearby.
The case was investigated by the Mauldin Police Department and the ATF, and was prosecuted by Assistant United States Attorney Max Cauthen in the Greenville office.
United States v. James Robert Hutson: James Robert Hutson, age 26, of Simpsonville, was sentenced to 51 months in federal prison followed by a three-year term of supervised release, after previously entering a guilty plea in July to felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g)(1). After Hutson’s initial arrest on state firearms charges, ATF adopted the case for federal prosecution. Hutson was then arrested on federal warrants for this conduct, was detained without a bond, and will remain in federal custody until he is designated and transported to the Bureau of Prisons.
Evidence presented by the government during both the guilty plea hearing and the sentencing hearing established that on November 27, 2015, officers with the GPD conducted a traffic stop on a vehicle driven by Hutson. When Hutson exited the car, an officer observed his pocket swing as if there was something heavy in it. The officer then conducted a pat-down of Hutson’s outer clothing and recognized what he immediately knew to be loose rounds of ammunition in one of Hutson’s pockets and secured the rounds.
A subsequent search of the vehicle revealed a loaded Lorcin .25 caliber pistol, located between the driver’s seat and the center console. Hutson was sentenced to 51 months in federal prison followed by a three-year term of supervised release. Investigated by the GPD and ATF, the case was prosecuted by Assistant United States Attorney Max Cauthen in the Greenville office.
Guilty Pleas: November 16, 2016
United States v. Ashley Ann Chapman: Ashley Ann Chapman, age 32, of Piedmont, South Carolina, entered a guilty plea to one count of Possession of a Firearm by a Convicted Felon, in violation of Title 18, United States Code, Section 922(g)(1). The Government presented evidence at the guilty plea hearing that on August 26, 2016, Chapman was stopped in Pickens County for a traffic violation. During the stop, while checking her license, Chapman, who is prohibited from possessing firearms or ammunition based on her prior criminal history, informed officers that she was in possession of a pistol. Officers then located a loaded North American Arms .22 caliber pistol in her clothing.Chapman remains in custody awaiting a sentencing hearing which will be calendared after a presentence investigation report is prepared by the United States Probation Office. The maximum penalty for this offense is ten-years imprisonment, followed a three-year term of supervised release, and/or a fine of $250,000.
The South Carolina Highway Patrol along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. It is assigned to Assistant United States Attorney Max Cauthen in the Greenville office.
United States v. Treasure Anderson: Treasure Anderson, age 28, of Anderson, South Carolina, entered a guilty plea to one count Possession of a Firearm by a Convicted Felon, in violation of Title 18, United States Code, Section 922(g)(1). The Government presented evidence at the guilty plea hearing that on March 8, 2016, Gaffney Police Department attempted to pull over a black mustang. The vehicle fled from law enforcement, and a car chase ensued. The black mustang eventually wrecked, and the occupants of the vehicle were arrested.
Law enforcement searched the mustang and recovered a loaded Jimenez Arms, Inc., model J.A. 22, .22 caliber pistol from the passenger seat where Anderson had been sitting. They also recovered a quantity of methamphetamine. When Anderson observed the officers taking the gun and drugs out of the car, she yelled that the items belonged to her. Anderson has previously been convicted of a felony and is not permitted to carry firearms.
Anderson remains in custody, awaiting a sentencing hearing which will be calendared after a presentence investigation report is prepared by United States Probation. The maximum penalty for this offense is ten-years imprisonment and/or a fine of $250,000. The case was investigated by the Gaffney Police Department and ATF and is assigned to Assistant United States Attorney Jamie Schoen in the Greenville office.
United States v. Nakeo Vance: Nakeo Vance, age 41, of Greenville, South Carolina, entered a guilty plea to one count of Possession of a Firearm by a Convicted Felon and Domestic Violence Offender, in violation of Title 18, United States Code, Section 922(g)(1) and (g)(9), and two counts Possession of Counterfeit Currency, in violation of Title 18, United States Code, Section 472.The Government presented evidence at the guilty plea that on May 16, 2015, GCSO conducted a traffic stop on a car in which Vance was a passenger. Vance was wanted on outstanding warrants, and law enforcement eventually searched the car. Officers located a wallet in the vehicle with Vance’s ID and 98 counterfeit federal reserve notes. Vance admitted that he had received the counterfeit from a drug deal, and had already used approximately $600.00 in counterfeit to pay off drug debts.
A year later, Vance was again arrested, but this time, by GPD. On May 13, 2016, GPD received a call from a hotel regarding possible drug activity and additional concerning information. Officers arrived and observed Vance standing outside of a Chrysler, acting suspiciously. Once Vance observed law enforcement, Vance shoved an item into a backpack he was holding and threw the backpack into the car. Officers patted down Vance due to safety concerns and found that he was carrying a loaded Butler Associate, .22 caliber handgun. Vance then ran from the police.
Officers eventually apprehended Vance and found that he was carrying more counterfeit bills. Law enforcement searched the Chrysler and found a loaded General Precision Corporation .22 caliber revolver in the backpack Vance had been holding. Vance has previous felony convictions and a conviction for misdemeanor domestic violence.
Vance remains in custody, awaiting a sentencing hearing which will be calendared after a presentence investigation report is prepared by United States Probation. The maximum penalty for this offense is ten-years imprisonment and/or a fine of $250,000. The maximum penalty for the counterfeit charges is twenty-years imprisonment and/or a fine of $250,000.
The case was investigated by the Secret Service, GPD, GCSO, and ATF and is assigned to Assistant United States Attorney Jamie Schoen in the Greenville office.United States v. Norman Jefferson: Norman Jefferson, age 51, of Greenville, South Carolina, pled guilty to one count Carrying a Firearm in Furtherance of a Drug Trafficking Crime, in violation of Title 18, United States Code, Section 924(c) and one count Conspiracy to Distribute Crack Cocaine, in violation of Title 21, United States Code, Section 846.
The Government presented evidence at the guilty plea that in January and February of 2016, Jefferson sold crack cocaine on multiple occasions from his residence. In March of 2016, GPD conducted a search of the residence, and upon entering, found Jefferson near crack cocaine and cocaine powder. Jefferson was also carrying a loaded Ruger .380 caliber pistol at the time. Drug distribution materials were located throughout the house. Jefferson stated that he had the gun for protection because people who come to his house to get high are unpredictable.
Jefferson remains in custody, awaiting a sentencing hearing which will be calendared after a presentence investigation report is prepared by United States Probation. This offense calls for a mandatory minimum sentence of five-years and a maximum penalty of life imprisonment, as well a fine of $250,000 and a term of supervised release of five-years.
The case was investigated by the Gaffney Police Department and ATF and is assigned to Assistant United States Attorney Jamie Schoen in the Greenville office.
United States of America v. Jomokayatta Walter Dennis Cook: Jomokayatta Walter Dennis Cook, age 36, of Greenville, South Carolina, pled guilty to Possession of a Firearm by a Convicted Felon, in violation of Title 18, United States Code, Section 922(g)(1).The Government presented evidence at the guilty plea that on September 16, 2016, Cook, a security staff employee at a Greenville restaurant, possessed a loaded Sturm 9mm pistol during a verbal altercation with a fellow employee while in an employee break area at the restaurant. Cook’s possession of the pistol was captured on surveillance video at the location. Cook has previous felony convictions that prohibit him from possessing firearms or ammunitions.
Cook was arrested on federal warrants that same evening and has been detained with no bond since his arrest. Cook remains in custody on a $250,000 secured bond, awaiting a sentencing hearing which will be calendared after a presentence investigation report is prepared by United States Probation. The maximum penalty for this offense is ten-years imprisonment and/or a fine of $250,000.
The case was investigated by GPD and ATF and is assigned to Supervisory Assistant United States Attorney Lance Crick in the Greenville office.
United States of America v. Xavier Javaris Dawkins: Xavier Javaris Dawkins, age 27, of Greenville, South Carolina, pled guilty to Possession of a Firearm by a Convicted Felon, in violation of Title 18, United States Code, Section 922(g)(1).The Government presented evidence at the guilty plea that on March 27, 2016, GCSO deputies responded to a Greenville nightclub in reference to a disturbance in the parking lot. While en route to the incident location, deputies were advised that a suspect (identified upon arrival as Dawkins), was being detained by the club’s security staff.
Upon arrival, club security relayed to GCSO that security had removed four individuals from the night club due to their involvement in a fight. After the individuals were removed, security observed Dawkins walk to his vehicle and remove a handgun and chamber a round in the handgun. After security commanded that Dawkins drop the weapon, Dawkins complied and placed the handgun back into the vehicle. Dawkins was detained by club security until GCSO arrived.
The seized handgun was loaded with fourteen rounds of ammunition. At the time of this offense, Dawkins was on active state probation following a previous conviction for unlawful carrying of a firearm.
Dawkins was arrested on federal warrants and has been detained with no bond since his arrest. Dawkins remains in custody, awaiting a sentencing hearing which will be calendared after a presentence investigation report is prepared by United States Probation. The maximum penalty for this offense is ten-years imprisonment and/or a fine of $250,000.
The case was investigated by GPD and ATF and is assigned to Supervisory Assistant United States Attorney Lance Crick in the Greenville office.
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Six Beaufort Men Indicted on Drug and Gun Trafficking ChargesRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Columbia, South Carolina--------Acting United States Attorney Beth Drake, announced today that Brandon Singleton, age 32, Frank Clemons, age 36, Tyrone Williams, age 57, Naji Osborne, age 27, Mark Delaney, age 28, and Torrion Cooper, age 35 have been indicted for their roles in a drug and gun trafficking conspiracy operating in and around Beaufort, South Carolina. The indictment further charges that Brandon Singleton possessed firearms in furtherance of the drug trafficking. Additionally, Brandon Singleton and Tyrone Williams are charged with being felons in possession of firearms, given their previous convictions for crimes punishable by at least a year imprisonment. The government moved for detention of all six defendants pending trial pursuant to the Bail Reform Act. As of the date of the indictment, this investigation has resulted in the seizure of thirteen firearms, some of which were used in furtherance of drug trafficking, and over 500 grams of cocaine. On the conspiracy charges, Singleton faces a maximum possible sentence of 40 years incarceration and the other defendants face maximum possible sentences of up to 20 years incarceration. Defendants who are charged with being a felon in possession of firearms face a maximum possible sentence of 10 years incarceration. Defendants who are charged with using or carrying firearms in furtherance of drug trafficking activities face sentences of a minimum of 5 years incarceration up to a maximum of lifetime incarceration.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance and cooperation of the Beaufort County Sheriff’s Office and the 14th Circuit Solicitor’s Office in an effort to target the sale of cocaine and firearms. Assistant United States Attorney Emily Limehouse of the Charleston office is prosecuting the case.
The Acting United States Attorney stated that all charges in this indictment are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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Fort Mill Resident Sentenced in Fraud CaseRead the Press Release
Contact Person: William Day (803) 929-3000
Columbia, South Carolina---- Acting United States Attorney Beth Drake stated today that Robert Eric Fockler, age 58, of Fort Mill, South Carolina was sentenced in federal court in Columbia, South Carolina, for wire fraud, a violation of 18 U.S.C. § 1343. Senior United States District Judge Cameron McGowan Curry sentenced Fockler to imprisonment for 37 months, 3 years supervised release, and ordered restitution of $263,457 be paid.
Evidence presented at the change of plea hearing established that from October 2008 to December 2013 Fockler defrauded Lexmark International, Inc.. While working at Lexmark as a customer service manager, Fockler created false invoices to make it appear the subcontractors had performed services for Lexmark. To hide the fact that Fockler was involved, he submitted the false invoices to a billing service operated by one of his friends who then submitted them to a corporation (Unigroup) that did business with Lexmark. Unigroup then submitted the invoices to Lexmark. Fockler also submitted false expense account claims to Lexmark for reimbursement by creating false hotel, restaurant, airline and other travel bills to falsely make it appear that he had incurred these expenses. Fockler’s fraudulent schemes caused Lexmark losses of more than $285,000.
The case was investigated by agents of the Federal Bureau of Investigation. Assistant United States Attorney William E. Day II of the Columbia office prosecuted the case.
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Conspirators Plead Guilty to Defrauding Columbia Health Care ProvidersRead the Press Release
Contact Person: Winston Holliday (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Timothy Weldon Arthur, age 39, of Columbia, and Danielle Nicole Burroughs, age 35, of Duncan, entered guilty pleas in federal court in Columbia on Wednesday to Conspiracy, a violation of 18 U.S.C. § 1349. United States District Judge Mary Geiger Lewis of Columbia accepted the guilty pleas and will sentence them at a later date. Gary Lee Joiner, age 56, of Columbia, pled guilty to the same offense on September 29, 2016.
Evidence presented at the change of plea hearing established that Joiner was the Director of Orthopedic Services for Moore Orthopedic Clinic between 2006 and 2015. In 2010, when Moore Orthopedic merged with Providence Hospital, Joiner established a fake durable medical equipment (DME) company, Creative Casting Concepts (CCC). He then proceeded to submit false invoices to Moore and Providence, representing that CCC was providing orthopedic boots, when they were not. Burroughs was recruited by Joiner to put her name on CCC in order to keep Moore Orthopedic from learning of Joiner’s connection. She helped manage a bank account and post office box and received approximately $191,000 in compensation over five years. Arthur took Joiner’s position at Moore Orthopedic in January 2015, when Joiner retired. Arthur agreed to continue to submit fake invoices. He received approximately $24,000 in compensation before the scheme was discovered in June 2015. Overall, Joiner submitted $2.8 million in bogus invoices between 2011 and 2015.
Ms. Drake stated the maximum penalty for Conspiracy is imprisonment for twenty years and/or a fine of $250,000.
The case was investigated by agents of the Federal Bureau of Investigation. Assistant United States Attorney Winston David Holliday, Jr. of the Columbia office is prosecuting the case.
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Aiken Man Pleads Guilty to Investor FraudRead the Press Release
Contact Person: Winston Holliday (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Arthur Vann, age 65, of Aiken, South Carolina, has entered a guilty plea in federal court in Columbia to Conspiracy, a violation of 18 U.S.C. § 371. United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will sentence Vann at a later date.
Evidence presented at the change of plea hearing established that Vann had an interest in various offshore bank accounts and companies, primarily located in the Caribbean. As a financial adviser, he directed a number of clients to invest in a particular fund focused on the Cayman Islands. When money was transferred for this purpose, Vann diverted some of it into accounts he controlled and spent it for his own benefit. When confronted by a number of investors, he sent them fake statements purporting to reflect the investments made. The amount of loss was $1.4 million.
Ms. Drake stated the maximum penalty for Conspiracy is imprisonment for five years and/or a fine of $250,000.
The case was investigated by agents of the Federal Bureau of Investigation. Assistant United States Attorney Winston David Holliday, Jr. of the Columbia office is prosecuting the case.
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Man Admits to Receiving Child Pornography on the InternetRead the Press Release
Contact Person: Bill Day (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Richard J. Probst, age 65, formerly of Columbia, South Carolina has entered a guilty plea in federal court in Columbia, to receiving child pornography that had traveled in foreign commerce by computer, a violation of 18 U.S.C. § 2252A. United States District Judge Mary Geiger Lewis accepted the guilty plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Probst had been collecting child pornography since 1986. Probst was caught when the German Federal Police reported to the U.S. Department of Homeland Security that they had discovered a Peer to Peer Network that involved trading child pornography. The investigation revealed that Probst was one of the individuals receiving child pornography from the Network. Ms. Drake stated the maximum penalty for receiving child pornography is imprisonment for 20 years plus Supervised Release for life and/or a fine of $250,000.
The case was investigated by agents of the Department of Homeland Security and the German Federal Police Department. Assistant United States Attorney William E Day, II of the Columbia office is prosecuting the case.#####
Spartanburg Man Sentenced in Three Million Dollar Wire FraudRead the Press Release
Contact Person: David Stephens (864) 282-2100
Greenville, South Carolina ---- Acting United States Attorney Beth Drake announced today that Claus C. Foerster, age 56, formerly of Spartanburg, South Carolina, was sentenced today for multiple counts of Wire Fraud in violation of Title 18, United States Code, Section 1343. United States District Judge Bruce H. Hendricks, sitting in Greenville, sentenced Mr. Foerster to serve twenty-four months in prison to be followed by supervised release for three years. Additionally, Mr. Foerster was ordered to pay $3,543,829.48 in restitution to the victims.
At the guilty plea hearing on May 10, 2016, Assistant United States Attorney David C. Stephens advised the court of the following. From 1997 through 2014 Mr. Foerster was a financial advisor employed by national investment counseling firms. In approximately 2000 Mr. Foerster began stealing from his clients. He advised the clients that he had located better investments than their current portfolio. He would then tell them that to get into these investments they had to withdraw their funds from Foerster’s employers’ accounts and transfer them to Foerster’s account for further investment. Once the funds were in Mr. Foerster’s account he diverted them to his own use. By creating bogus account statements and on occasion returning some funds to the clients as “profits” he was able to keep the scheme going for over a decade. By his use of this scam Foerster cheated his clients out of more than three million dollars ($3,000,000.00).
The case was investigated by the United States Secret Service and prosecuted by AUSA David Stephens of the Greenville Office.#####
Federal Grand Jury IndictmentsRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Acting United States Attorney Beth Drake stated today that a Federal Grand Jury in Columbia, South Carolina, returned Indictments against the following:
Santonio Dwayne Ramsey, of Columbia, South Carolina, was charged in a 1-count indictment with escaping from a federal halfway house, a violation of Title 18, United States Code, Section 751(a). The case was investigated by the United States Marshals Service and is assigned to Assistant United States Attorney Stacey D. Haynes of the Columbia office for prosecution.
Nigel Michael Sandiford, a/k/a “Michael H. Rogers,” a/k/a “Cecil Price,” of Columbia, South Carolina, was charged in a 1-count indictment with being a felon in possession of firearms and ammunition, a violation of Title 18, United States Code, Section 922(g)(1). The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and is assigned to Assistant United States Attorney Stacey D. Haynes of the Columbia office for prosecution.
The United States Attorney stated that all charges in these Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Florence Man Found Guilty of Defrauding Farm Assistance ProgramRead the Press Release
Contact Person: Winston Holliday, Jr (803) 929-3000
Columbia, South Carolina ---- Acting United States Attorney Beth Drake stated today that Tyrone Goodrum, age 44, of Florence, has been convicted of Conspiracy, a violation of 18 U.S.C. § 371, after a two-day trial in Florence that concluded late Tuesday. United States District Judge R. Bryan Harwell of Florence presided over the trial and will sentence Goodrum at a later date. On September 1, 2016, Tyrone Goodrum’s wife, Roselyn, pled guilty to participating in the same conspiracy.
Evidence presented at the trial established that Roselyn Goodrum was in charge of the Farm Service Agency’s (FSA) Florence office from 2006 through 2014. In February 2014, Ice Storm Pax caused extensive damage to farms in the Pee Dee. As a result, farmers could make claims to the FSA for financial assistance to clean up their land. Tyrone Goodrum conspired with his wife to file an application for payment, fraudulently representing that he was entitled to disaster benefits for a farm to which he had no connection. As a result, $18,500 in federal money was diverted to satisfy Tyrone Goodrum’s outstanding child support debt. Overall, Roselyn Goodrum filed multiple false applications and illegally obtained just over $146,000.
Ms. Drake stated the maximum penalty for Conspiracy is imprisonment for 5 years and/or a fine of $250,000.
The case was investigated by agents of the United States Department of Agriculture. Assistant United States Attorney Winston Holliday, of the Columbia office, prosecuted the case.
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Justice Department to Monitor Polls in 28 States on Election DayRead the Press Release
Contact Person: Public Affairs Office (202) 514-2007
WASHINGTON – The Justice Department announced today that its Civil Rights Division plans to deploy more than 500 personnel to 67 jurisdictions in 28 states for the Nov. 8, 2016, general election.
Although state and local governments have primary responsibility for administering elections, the Civil Rights Division is charged with enforcing the federal voting rights laws that protect the rights of all citizens to access the ballot on Election Day. Since the passage of the Voting Rights Act of 1965, the department has regularly monitored elections in the field in jurisdictions around the country to protect the rights of voters.
“The bedrock of our democracy is the right to vote, and the Department of Justice works tirelessly to uphold that right not only on Election Day, but every day,” said Attorney General Loretta E. Lynch. “We enforce federal statutes related to voting through a range of activities – including filing our own litigation when the facts warrant, submitting statements of interest in private lawsuits to help explain our understanding of these laws, and providing guidance to election officials and the general public about what these laws mean and what they require. On Election Day itself, lawyers in the Civil Rights Division’s Voting Section will staff a hotline starting in the early hours of the morning, and just as we have sent election monitors in prior elections, we will continue to have a robust election monitors program in place on election day. As always, our personnel will perform these duties impartially, with one goal in mind: to see to it that every eligible voter can participate in our elections to the full extent that federal law provides. The department is deeply committed to the fair and unbiased application of our voting rights laws and we will work tirelessly to ensure that every eligible person that wants to do so is able to cast a ballot.”
Leading up to and throughout Election Day, Civil Rights Division staff members will be available by telephone to receive complaints related to possible violations of the federal voting rights laws (Toll free at 1-800-253-3931 or 202-307-2767 or TTY 202-305-0082). In addition, individuals may also report such complaints by fax to 202-307-3961, by email to [email protected] and by a complaint form on the department’s website: www.justice.gov/crt/votercomplaint.
Allegations of election fraud are handled by the 94 U.S. Attorneys’ Offices across the country and the Criminal Division’s Public Integrity Section. Complaints may be directed to any of the local U.S. Attorneys’ Offices, the local FBI offices or the Public Integrity Section at 202-514-1412. A list of U.S. Attorneys’ Offices and their telephone numbers can be found at www.justice.gov/usao/find-your-united-states-attorney. A list of FBI offices and accompanying telephone numbers can be found at www.fbi.gov/contact-us.
As always, complaints related to disruption at a polling place should always be reported immediately to local election officials (including officials in the polling place). Complaints related to violence, threats of violence or intimidation at a polling place should be reported immediately to local police authorities by calling 911. They should also be reported to the department after local authorities have been contacted.
On Election Day, the Civil Rights Division will monitor the election on the ground in 67 jurisdictions for compliance with the federal voting rights laws:
- Bethel Census Area, Alaska;
- Dillingham Census Area, Alaska;
- Kusilvak Census Area, Alaska;
- Yukon-Koyukuk Census Area, Alaska;
- Maricopa County, Arizona;
- Navajo County, Arizona;
- Alameda County, California;
- Napa County, California;
- Siskiyou County, California;
- East Hartford, Connecticut;
- Farmington, Connecticut;
- Hartford, Connecticut;
- Middletown, Connecticut;
- New Britain, Connecticut;
- Newington, Connecticut;
- West Hartford, Connecticut;
- Hillsborough County, Florida;
- Lee County, Florida;
- Miami-Dade County, Florida;
- Orange County, Florida;
- Palm Beach County, Florida;
- Fulton County, Georgia;
- Gwinnett County, Georgia;
- Hancock County, Georgia;
- Chicago, Illinois;
- Cook County, Illinois;
- Finney County, Kansas;
- Orleans Parish, Louisiana;
- Quincy, Massachusetts;
- Dearborn Heights, Michigan;
- Detroit, Michigan;
- Hamtramck, Michigan;
- St. Louis, Missouri;
- Douglas County, Nebraska;
- Mineral County, Nevada;
- Washoe County, Nevada;
- Middlesex County, New Jersey;
- Cibola County, New Mexico;
- Kings County, New York;
- Orange County, New York;
- Queens County, New York;
- Cumberland County, North Carolina;
- Forsyth County, North Carolina;
- Mecklenburg County, North Carolina;
- Robeson County, North Carolina;
- Wake County, North Carolina;
- Benson County, North Dakota;
- Rolette County, North Dakota;
- Cuyahoga County, Ohio;
- Franklin County, Ohio;
- Hamilton County, Ohio;
- Allegheny County, Pennsylvania;
- Lehigh County, Pennsylvania;
- Philadelphia County, Pennsylvania;
- Pawtucket, Rhode Island;
- Providence, Rhode Island;
- Bennett County, South Dakota;
- Jackson County, South Dakota;
- Oglala Lakota County, South Dakota;
- Shelby County, Tennessee;
- Dallas County, Texas;
- Harris County, Texas;
- Waller County, Texas;
- San Juan County, Utah;
- Fairfax County, Virginia;
- Prince William County, Virginia, and
- Milwaukee, Wisconsin.
The department will gather information on, among other things, whether voters are subject to different voting qualifications or procedures on the basis of race, color or membership in a language minority group; whether jurisdictions are complying with the minority language provisions of the Voting Rights Act; whether jurisdictions permit voters to receive assistance by a person of his or her choice if the voter is blind, has a disability or is unable to read or write; whether jurisdictions provide polling locations and voting systems allowing voters with disabilities to cast a private and independent ballot; whether jurisdictions comply with the voter registration list requirements of the National Voter Registration Act; and whether jurisdictions comply with the provisional ballot requirements of the Help America Vote Act. To assist in these inquiries, the department has deployed personnel who speak Spanish and a variety of Asian and Native American languages. Department personnel will also maintain contact with local election officials.
Last month, the Justice Department announced efforts to ensure that all qualified voters have the opportunity to cast their ballots and have their votes counted free of discrimination, intimidation or fraud in the election process. More information about the Voting Rights Act and other federal voting rights laws is available on the Civil Rights Division’s website at www.justice.gov/crt/voting-section.
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Fifteen Charged in Drug Trafficking Ring that Operated from Inside South Carolina PrisonsRead the Press Release
Contact Person: Nancy Wicker (803) 929-3000
Columbia, South Carolina-------Acting United States Attorney Beth Drake, announced today that fifteen individuals, including South Carolina Department of Corrections (SCDC) inmates, have been charged federally for their roles in a wide-ranging drug trafficking conspiracy operating from behind prison walls. On September 14, 2016, a federal grand jury returned a twenty-one count sealed indictment alleging the defendants conspired to possess with intent to distribute and did distribute 50 grams or more of methamphetamine; used telephones and the U.S. Mail to facilitate a drug offense and conspired to launder drug money by conducting money transfers, cash withdrawals and purchases of and deposits onto pre-paid cash cards, all in violation of federal law. The indictment also alleges unlawful possession of a firearm and possession of a firearm in furtherance of a drug trafficking offense.
According to the indictment, five inmates capitalized on their access to cell phones to continue their criminal activities and to direct the criminal activities of nine “facilitators” outside of prison. Using contraband cellular telephones, the U.S. Mail and employing a network of suppliers, distributers and runners outside of prison, SCDC inmates brokered and managed the delivery and distribution of methamphetamine from California to the upstate of South Carolina and elsewhere in the state. The cellular telephones were often equipped with touch screens and internet access that enabled prisoners to coordinate drug transactions, confirm shipment and delivery and transfer drug proceeds.
The individuals charged are:
Nancy Phon, 40, of Fresno, California
Sok Bun a/k/a “Friday,” 27, an inmate at McCormick Correctional Institution
Paul Ray Davis a/k/a “Pop”, 39, an inmate at Ridgeland Correctional Institution
John Marlon Acosta, 24, an inmate at Perry Correctional Institution
James Robert Peterson, 28, an inmate at Lee Correctional Institution
Heather Nicole Rudicill, 29, of Cowpens, South Carolina
Beab Keo, a/k/a/ “Ma”, 52, of Boiling Springs, South Carolina
Terri Dianne Newman, 40, of Greer, South Carolina
Sokha Kao Aun, 47, of Wellford, South Carolina
Robert Earl Floyd, 55, of Piedmont, South Carolina
David Elijah Allen, 30, an inmate at Walden Correctional Institution
Jessica Lynn Gordon, 21, an inmate of Graham Correctional Institution
Samuel Travis Wiggins, a/k/a “Flash”, 37, an inmate at Broad River Correctional Institution
Melanie Renee Wiggins, 29, of West Columbia, South Carolina
Jonathan Brent Martin, 51, of Chesnee, South CarolinaThe indictment follows multi-year Organized Crime Drug Enforcement Task Force (OCDETF) investigation. The OCDETF Program is a partnership between federal, state and local law enforcement agencies. Its principal mission is to identify, disrupt and dismantle the most serious drug-trafficking organizations primarily responsible for the nation’s illegal drug supply. The investigation was conducted by the Federal Bureau of Investigation with the assistance and cooperation of the United States Postal Service, Internal Revenue Service, Criminal Investigations, South Carolina Law Enforcement Division, South Carolina Department of Corrections, Spartanburg County Sheriff’s Office, Spartanburg City Police Department, Cherokee County Sheriff’s Office, Gaffney Police Department, Oconee County Sheriff’s Office, Union County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, Greenville County Sheriff’s Office and Homeland Security Investigations, Immigration and Customs Enforcement, Drug Enforcement Administration and the United States Marshals Service.
The Acting United States Attorney stated that all charges in this indictment are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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Former Correctional Officer Sentenced for Smuggling Drugs into Federal PrisonRead the Press Release
Contact Person: Nick Bianchi (843) 727-4381
Columbia, South Carolina---- Acting United States Attorney Beth Drake stated today that Anthony Jermaine Creech, age 39, of Varnville, SC, was sentenced in federal court in Charleston, South Carolina, for providing marijuana to inmates at Estill Federal Correction Institution (FCI). United States District Judge Richard M. Gergel of Charleston sentenced Creech to six months imprisonment to be followed by six months home confinement and one year of supervised release.
Evidence presented at the change of plea hearing established that on January 8, 2015, Creech, while working as a correctional officer at Estill F.C.I., delivered one ounce of marijuana to an inmate at the prison. When confronted by authorities, Creech admitted to smuggling in marijuana and other contraband to inmates in exchange for money.
The case was investigated by agents of the Federal Bureau of Investigation and the Department of Justice Office of the Inspector General. Assistant United States Attorney Nick Bianchi of the Charleston office prosecuted the case.
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November 2016 ElectionsRead the Press Release
Contact Person: Beth Drake (803) 929-3000
Columbia, South Carolina ------ Acting United States Attorney Beth Drake announced today that Assistant United States Attorneys (AUSA) Barbara M. Bowens and John Potterfield will lead the efforts of her Office in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 8, 2016, general elections. AUSA Bowens and AUSA Potterfield have been appointed to serve as the District Election Officers (DEO) for the District of South Carolina, and in that capacity are responsible for overseeing the District’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington.
Acting United States Attorney Drake said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively to protect the integrity of the election process.”
The Department of Justice has an important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s long-standing Election Day Program furthers these goals, and also seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting may violate federal voting rights law. Further, federal law protects the right of voters to make their own ballot or to be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 8, 2016, and to ensure that such complaints are directed to the appropriate authorities, Acting United States Attorney Drake stated that AUSA Bowens and AUSA Potterfield will be on duty in this District while the polls are open. AUSA Bowens and AUSA Potterfield can be reached by the public at the following telephone numbers: (803) 929-3052 and (803) 929-3092, respectively.
In addition, the FBI will have special agents available in each field office and resident agency offices throughout the country to receive allegations of election fraud and other election abuses on election day. The local FBI field office can be reached by the public at (803) 551-4200.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, DC by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Acting United States Attorney Drake said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, or the Civil Rights Division.”
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Columbia Man Pleads to Sex Trafficking of Under Age FemalesRead the Press Release
Contact Person: Matt Austin (843) 727-4381
Charleston, South Carolina –----- Acting United States Attorney Beth Drake announced today that Da-Shun Curry a/k/a “Dae Dae,” age 23, of Columbia, pleaded guilty in federal court to Conspiracy to Commit Sex Trafficking, a violation of Title 18, U. S. C. §1956(a)(1). U.S. District Judge David Norton, Charleston, South Carolina, presided over the hearing.
Evidence presented at the change of plea hearing established that Curry transported female victims in interstate commerce to the North Charleston area for the purpose of engaging in commercial sex acts knowing or in reckless disregard of the fact that several victims were under the age of 18 and that force, fraud, or coercion would be used against all of the victims, regardless of their age, in order to compel the victims to engage in commercial sex acts. Curry admitted to his role in the conspiracy and to specifically trafficking three female victims under the age of 18.
Sentencing will be scheduled at a later date. The minimum sentence Curry could receive for Conspiracy to Commit Sex Trafficking is 15 years in prison. The maximum sentence he could receive is life in prison.
The case was investigated by the Department of Homeland Security and City of North Charleston Police Department’s Human Trafficking Unit. Assistant United States Attorney Matt Austin of the Charleston office is prosecuting the case.
Information regarding human trafficking should be reported to the National Human Trafficking Resource Center (NHTRC), Polaris – Freedom Happens Now, 24-hour National Hotline: 1-888-373-7888.
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Life Care Centers of America Inc. Agrees to Pay $145 Million to Resolve False Claims Act Allegations Relating to the Provision of Medically Unnecessary Rehabilitation Therapy ServicesRead the Press Release
Contact: Office of Public Affairs (202) 514-2007
WASHINGTON – Life Care Centers of America Inc. (Life Care) and its owner, Forrest L. Preston, have agreed to pay $145 million to resolve a government lawsuit alleging that Life Care violated the False Claims Act by knowingly causing skilled nursing facilities (SNFs) to submit false claims to Medicare and TRICARE for rehabilitation therapy services that were not reasonable, necessary or skilled, the Department of Justice announced today. Life Care, based in Cleveland, Tennessee, owns and operates more than 220 skilled nursing facilities across the country.
“This resolution is the largest settlement with a skilled nursing facility chain in the department’s history,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “It is critically important that we protect the integrity of government health care programs by ensuring that services are provided based on clinical rather than financial considerations.”
This settlement resolves allegations that between Jan. 1, 2006 and Feb. 28, 2013, Life Care submitted false claims for rehabilitation therapy by engaging in a systematic effort to increase its Medicare and TRICARE billings. Medicare reimburses skilled nursing facilities at a daily rate that reflects the skilled therapy and nursing needs of their qualifying patients. The greater the skilled therapy and nursing needs of the patient, the higher the level of Medicare reimbursement. The highest level of Medicare reimbursement for skilled nursing facilities is for “Ultra High” patients who require a minimum of 720 minutes of skilled therapy from two therapy disciplines (e.g., physical, occupational, speech), one of which has to be provided five days a week.
The United States alleged in its complaint that Life Care instituted corporate-wide policies and practices designed to place as many beneficiaries in the Ultra High reimbursement level irrespective of the clinical needs of the patients, resulting in the provision of unreasonable and unnecessary therapy to many beneficiaries. Life Care also sought to keep patients longer than was necessary in order to continue billing for rehabilitation therapy, even after the treating therapists felt that therapy should be discontinued. Life Care carefully tracked the minutes of therapy provided to each patient and number of days in therapy to ensure that as many patients as possible were at the highest level of reimbursement for the longest possible period. The settlement also resolves allegations brought in a separate lawsuit by the United States that Forrest L. Preston, as the sole shareholder of Life Care, was unjustly enriched by Life Care’s fraudulent scheme.
“Billing federal healthcare programs for medically unnecessary rehabilitation services not only undermines the viability of those programs, it exploits our most vulnerable citizens,” said U.S. Attorney Nancy Stallard Harr for the Eastern District of Tennessee. “We are committed to working with our federal partners to protect both.”
“The resolution announced today demonstrates the commitment of the U.S. Attorney’s Office to aggressively pursue providers who utilize fraudulent practices to knowingly put their own financial self-interest over a duty to patients,” said U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida. “It is imperative that providers make healthcare decisions based upon a patient’s need for services rather than a self-serving desire to maximize financial profit. Our office will continue to investigate fraud allegations, in order to ensure that providers do not compromise the integrity of our public health care programs.”
As part of this settlement, Life Care has also entered into a five-year chain-wide Corporate Integrity Agreement with the Department of Health and Human Services Office of Inspector General (HHS-OIG) that requires an independent review organization to annually assess the medical necessity and appropriateness of therapy services billed to Medicare.
“Therapy provided in skilled nursing facilities must be medically reasonable and necessary, and we will continue to vigorously investigate companies that subject their residents to needless and unreasonable therapy,” said HHS Inspector General Daniel R. Levinson. “The corporate integrity agreement with Life Care is designed to ensure that it only provides therapy based on the individual needs of each resident.
The settlement, which was based on the company’s ability to pay, resolves allegations originally brought in lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act by Tammie Taylor and Glenda Martin, former Life Care employees. The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery. The government may intervene and file its own complaint in such a lawsuit, as it has done in this case. The whistleblower reward in this case will be $29 million.
The settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.6 billion through False Claims Act cases, with more than $19.2 billion of that amount recovered in cases involving fraud against federal health care programs.
This matter was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorneys’ Offices for the Eastern District of Tennessee and the Southern District of Florida, and the HHS-OIG, with assistance from the U.S. Attorneys’ Offices for the District of Colorado, the Middle District of Florida, the Northern District of Georgia, the District of Massachusetts and the District of South Carolina and NCI/AdvanceMed, a Medicare Zone Program Integrity Contractor.
The two qui tam cases are docketed as United States ex rel. Taylor v. Life Care Centers of America, Inc., No. 1:12-cv-64 (E.D. Tenn) and United States ex rel. Martin v. Life Care Centers of America, Inc., No. 1:08-cv-251 (E.D. Tenn). The case against Forrest L. Preston is captioned United States v. Preston, No. 1:16-cv-113 (E.D. Tenn). The claims resolved by the settlement are allegations only; there has been no determination of liability.# # #
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Man Sentenced to 262 Months Imprisonment on Firearm ChargeRead the Press Release
Contact Person: Christopher Taylor (843) 665-6688
Florence, South Carolina------Acting United States Attorney Beth Drake stated today that Jamal Antwan Lewis, 30, of Myrtle Beach, was sentenced in federal court yesterday to 262 months’ imprisonment, followed by a term of five years’ supervised release. United States District Judge R. Bryan Harwell imposed the sentence.
On May 3, 2016, Lewis was found guilty of being a Felon in Possession of a Firearm in violation of 18 U.S.C § 922(g), after a jury trial in federal court. Evidence at the trial showed that on the evening of March 30, 2015, officers with the Myrtle Beach Police Department (MBPD) responded to a shooting call at an apartment complex located on Cedar Street in Myrtle Beach, South Carolina. Witnesses identified Lewis as having a firearm and stated that he had run into one of the apartments at the complex. MBPD officers eventually made entry into the apartment where Lewis was believed to be hiding. Lewis and a loaded firearm were found in an upstairs bedroom. The apartment owner stated that Lewis had brought the firearm into the apartment. Lewis was prohibited from possessing a firearm due to prior convictions for aggravated domestic violence, pointing and presenting a firearm, and distribution of a controlled substance.
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Myrtle Beach Police Department. Assistant United States Attorney Christopher D. Taylor of the Florence office prosecuted the case.
This case was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases.
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U.S. Attorney’s Office Partners for Second Chance Job FairRead the Press Release
Contact Person: Beth Drake (803) 929-3000
Florence, South Carolina----On Tuesday, September 27, 2016, the South Carolina U.S. Attorney’s office joined with S.C. Department of Employment and Workforce, S.C. Vocational Rehabilitation, S.C. Probation, Pardon and Parole and the U.S. Probation office, as well as other state and federal partners, to sponsor a Re-Entry Job and Resource Fair for individuals with criminal records. This is the first in a slate of four planned re-entry fairs intended to support South Carolinians with criminal records in their efforts to gain employment.
The Re-entry Job and Resource Fair was held at the Florence South Carolina Vocational Rehabilitation Center. The fair featured a variety of employers from various industries, including hospitality, construction, food service, manufacturing, and staffing agencies. The job fair also featured two workshops: Interviewing Skills/ Resumes and the Expungement/ Pardons Process. In addition to the job fair, multiple resource providers and local colleges presented information on their respective organizations, including continuing education and the GED program. More than 300 job-seekers from the community attended the fair.
In addition to the job seekers making application for jobs, employers were also informed about the federal bonding program and the tax benefits associated with hiring a person with a criminal record. The Federal Bonding program provides Fidelity Bonds for “at risk” employees, at no cost to the employer for the first six months of employment. Additionally, employers may be eligible for the “Work Opportunity Tax Credit” of up to $2,400 for each individual they hire with a criminal record.
Acting United States Attorney Beth Drake addressed the importance of the re-entry initiative as a way to build safer communities. “It is vital in reducing recidivism for communities to support formerly incarcerated individuals in their effort to become productive and a positive member of our communities - employment is a major step in that process. Individuals who have a criminal record have a hard time finding employment, which in turn makes it difficult to support themselves and their families. Employment helps ex-offenders reintegrate back into society, decreases the likelihood that an individual will commit further crime, increases community safety, and of course saves tax dollars by decreasing the prison population.”
Critical to the success of these job fairs is the vision and support of Neal Getsinger, Commissioner SC Vocational Rehabilitation; Jerry Adger- Director SCPPP, Chief Dickie Brunson- US Probation, and Director Cheryl Stanton of S.C. Department of Employment and Workforce. Acting U.S. Attorney Beth Drake added, “We work best when we work together. The goal here is stronger, safer communities. The state and federal agencies that put these job fairs together did some great work which has the potential to change lives.”
Job seekers with and without a record can sign up and search for opportunities via www.scworks.org.
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